Sec. 2. State plan requirements
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/bill/118/hr/3461/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 422(b)(9) of the Social Security Act ( 42 U.S.C. 622(b)(9) ) is amended— by inserting
(A)after
(9); by striking Act; and inserting Act of 1978; and ; and by adding at the end the following: provide that the agency administering or supervising the administration of the plan shall comply with Federal standards established under the Indian Child Welfare Act of 1978; . Section 432(a) of such Act ( 42 U.S.C. 629b(a) ) is amended— in paragraph (9), by striking and at the end; in paragraph (10), by striking the period and inserting ; and ; and by adding at the end the following: provides that the agency administering or supervising the administration of the plan shall comply with Federal standards established under the Indian Child Welfare Act of 1978. . Subpart 3 of part B of title IV of such Act ( 42 U.S.C. 629m ) is amended by adding at the end the following: 1978 Not later than January 1, 2024, the Secretary and the Secretary of the Interior, in consultation with Indian tribal organizations and States, shall develop a memorandum of understanding that specifies the factors to be used in measuring compliance by State agencies with sections 422(b)(9) and 432(a)(11) of this title, which shall include requirements sufficient to assess State strengths and areas for improvement in implementing the Indian Child Welfare Act of 1978, including the following: Timely identification of Indian children and extended family members. Timely tribal notice of State child custody proceedings. Quantitative agency reports of cases under such Act in which a transfer of jurisdiction (as defined by such Act) was granted or was not granted, and whether good cause (as defined in such Act) was applied. Quantitative agency reports on how many times a court returned such a case to the agency based on insufficient active efforts (as defined by such Act). Foster care or adoptive placements in such cases (as defined by such Act). Quantitative agency reports on how many times a court terminated parental rights in such cases. On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance as may be necessary to facilitate informing States and public child welfare agencies on how to correctly and efficiently comply with sections 422(b)(9) and 432(a)(11). . Section 422 of such Act ( 42 U.S.C. 622 ) is amended by adding at the end the following: The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how the States and the Secretary are addressing the requirement in subsection (b)(9). .
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