Sec. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION
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## SEC. 438 ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION **[**[42 U.S.C. 629h](/us/usc/t42/s629h)**]** ###
(a)In General The Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E, for the purpose of enabling such courts— ####
(1)to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts)— #####
(A)that implement parts B and E; #####
(B)that determine the advisability or appropriateness of foster care placement; #####
(C)that determine whether to terminate parental rights; #####
(D)that determine whether to approve the adoption or other permanent placement of a child;18 18So in law. The word “and” probably should appear at the end of subsection (a)(1)(D). #####
(E)that determine the best strategy to use to expedite the interstate placement of children, including— ######
(i)requiring courts in different States to cooperate in the sharing of information; ######
(ii)authorizing courts to obtain information and testimony from agencies and parties in other States without requiring interstate travel by the agencies and parties; and ######
(iii)permitting the participation of parents, children, other necessary parties, and attorneys in cases involving interstate placement without requiring their interstate travel; and19 19So in law. The word “and” at the end of subsecton (a)(1)(E)(iii) probably should not appear. ####
(2)to implement improvements the highest state20 courts deem necessary as a result of the assessments, including— 20So in law. The word “state” probably should read “State”. #####
(A)to provide for the safety, well-being, and permanence of children in foster care in a timely and complete manner, as set forth in the Adoption and Safe Families Act of 1997 (Public Law 105–89), including the requirements in the Act related to concurrent planning; #####
(B)to implement a corrective action plan, as necessary, resulting from reviews of child and family service programs under section 1123A of this Act; and #####
(C)to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and adoption, including by training judges, attorneys, and other legal personnel. ###
(b)Applications In order to be eligible to receive a grant under this section, a highest State court shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child, shall provide for the training of judges, attorneys, and other legal personnel in child welfare cases on Federal child welfare policies and payment limitations with respect to children in foster care who are placed in settings that are not a foster family home, and shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary may require, including— ####
(1)a description of how courts and child welfare agencies on the local and State levels will use not less than 30 percent of grant funds to collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved case tracking and analysis of child abuse and neglect cases will produce safe and timely permanency decisions; ####
(2)a demonstration that a portion of the grant will be used for cross-training initiatives that are jointly planned and executed with the State agency or any other agency under contract with the State to administer the State program under the State plan under subpart 1, the State plan approved under section 434, or the State plan approved under part E; and ####
(C)in the case of a grant for any purpose described in subsection (a),21 a demonstration of meaningful and ongoing collaboration among the courts in the State, the State agency or any other agency under contract with the State who is responsible for administering the State program under part B or E, and, where applicable, Indian tribes. 21Subparagraph
(C)is so in law. The amendment by clause
(iv)of section 305(b)(2)(C) of division CC of Public Law 116–260 to subparagraph
(C)to strike “(C) in the case of a grant for the purpose described in subsection (a),’’ and inserting ‘‘(3)” does not execute because the phrase being struck does not appear in law. ###
(c)Amount of Grant ####
(1)In general From the amounts reserved under sections 436(b)(2) and 437(b)(2) for a fiscal year, each highest State court that has an application approved under this section for the fiscal year shall be entitled to payment of an amount equal to the sum of— #####
(A)$255,000; and #####
(B)the amount described in paragraph
(2)with respect to the court and the fiscal year. ####
(2)Amount described The amount described in this paragraph with respect to a court and a fiscal year is the amount that bears the same ratio to the total of the amounts reserved under sections 436(b)(2) and 437(b)(2) for grants under this section for the fiscal year (after applying paragraphs (1)(A) and
(3)of this subsection) as the number of individuals in the State in which the court is located who have not attained 21 years of age bears to the total number of such individuals in all States with a highest State court that has an approved application under this section for the fiscal year. ####
(3)Indian tribes From the amounts reserved under section 436(b)(2) for a fiscal year, the Secretary shall, before applying paragraph
(1)of this subsection, allocate $1,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian tribes or tribal consortia that— #####
(A)are operating a program under part E, in accordance with section 479B; #####
(B)are seeking to operate a program under part E and have received an implementation grant under section 476; or #####
(C)have a court responsible for proceedings related to foster care or adoption. ###
(d)Federal Share Each highest State court which receives funds paid under this section may use such funds to pay not more than 75 percent of the cost of activities under this section in each of fiscal years 2017 through 202322. 22Section 305(b)(4) of division CC of Public Law 116–260 provides for an amendment to subsection
(d)by striking “2017 through 2021” and inserting “2018 through 2022”. Subsection
(c)of such section 305 provides: “The amendments made by this section shall take effect on October 1, 2021”. Effective on such date, the amendment will not execute as a result of the amendment made by section 7(d) of division X of Public Law 116–260 which struck “2021” and inserted “2022” (effective on date of enactment). Subsequently amended by section 6103(a)(4) of division FF of Public Law 117–328 striking “2022” and inserting “2023”.
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- Pub. L. 105-89
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Sec. 438
ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION
Pub. L.Pub. L. 105-89
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