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Code · STATUTE-COMPILATIONS · Bipartisan Budget Act of 2018 · Sec. 50711

Sec. 50711. FOSTER CARE PREVENTION SERVICES AND PROGRAMS

5,588 words·~25 min read·/statute-compilations/comps-14173/sec-50711

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 50711 FOSTER CARE PREVENTION SERVICES AND PROGRAMS ###
(a)State Option Section 471 of the Social Security Act (42 U.S.C. 671) is amended— ####
(1)in subsection (a)(1), by striking “and” and all that follows through the semicolon and inserting “, adoption assistance in accordance with section 473, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;”; and ####
(2)by adding at the end the following: > > ### “(e) Prevention and Family Services and Programs > > > #### “(1) In general > > Subject to the succeeding provisions of this subsection, the Secretary may make a payment to a State for providing the following services or programs for a child described in paragraph
(2)and the parents or kin caregivers of the child when the need of the child, such a parent, or such a caregiver for the services or programs are directly related to the safety, permanence, or well-being of the child or to preventing the child from entering foster care: > > > ##### “(A) Mental health and substance abuse prevention and treatment services > > Mental health and substance abuse prevention and treatment services provided by a qualified clinician for not more than a 12-month period that begins on any date described in paragraph
(3)with respect to the child. > > > ##### “(B) In-home parent skill-based programs > > In-home parent skill-based programs for not more than a 12-month period that begins on any date described in paragraph
(3)with respect to the child and that include parenting skills training, parent education, and individual and family counseling. > > > #### “(2) Child described > > For purposes of paragraph (1), a child described in this paragraph is the following: > > > ##### “(A) > > A child who is a candidate for foster care (as defined in section 475(13)) but can remain safely at home or in a kinship placement with receipt of services or programs specified in paragraph (1). > > > ##### “(B) > > A child in foster care who is a pregnant or parenting foster youth. > > > #### “(3) Date described > > For purposes of paragraph (1), the dates described in this paragraph are the following: > > > ##### “(A) > > The date on which a child is identified in a prevention plan maintained under paragraph
(4)as a child who is a candidate for foster care (as defined in section 475(13)). > > > ##### “(B) > > The date on which a child is identified in a prevention plan maintained under paragraph
(4)as a pregnant or parenting foster youth in need of services or programs specified in paragraph (1). > > > #### “(4) Requirements related to providing services and programs > > Services and programs specified in paragraph
(1)may be provided under this subsection only if specified in advance in the child’s prevention plan described in subparagraph
(A)and the requirements in subparagraphs
(B)through
(E)are met: > > > ##### “(A) Prevention plan > > The State maintains a written prevention plan for the child that meets the following requirements (as applicable): > > > ###### “(i) Candidates > > In the case of a child who is a candidate for foster care described in paragraph (2)(A), the prevention plan shall— > > > ###### “(I) > > identify the foster care prevention strategy for the child so that the child may remain safely at home, live temporarily with a kin caregiver until reunification can be safely achieved, or live permanently with a kin caregiver; > > > ###### “(II) > > list the services or programs to be provided to or on behalf of the child to ensure the success of that prevention strategy; and > > > ###### “(III) > > comply with such other requirements as the Secretary shall establish. > > > ###### “(ii) Pregnant or parenting foster youth > > In the case of a child who is a pregnant or parenting foster youth described in paragraph (2)(B), the prevention plan shall— > > > ###### “(I) > > be included in the child’s case plan required under section 475(1); > > > ###### “(II) > > list the services or programs to be provided to or on behalf of the youth to ensure that the youth is prepared (in the case of a pregnant foster youth) or able (in the case of a parenting foster youth) to be a parent; > > > ###### “(III) > > describe the foster care prevention strategy for any child born to the youth; and > > > ###### “(IV) > > comply with such other requirements as the Secretary shall establish. > > > ##### “(B) Trauma-informed > > The services or programs to be provided to or on behalf of a child are provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences and facilitate healing. > > > ##### “(C) Only services and programs provided in accordance with promising, supported, or well-supported practices permitted > > > ###### “(i) In general > > Only State expenditures for services or programs specified in subparagraph
(A)or
(B)of paragraph
(1)that are provided in accordance with practices that meet the requirements specified in clause
(ii)of this subparagraph and that meet the requirements specified in clause (iii), (iv), or (v), respectively, for being a promising, supported, or well-supported practice, shall be eligible for a Federal matching payment under section 474(a)(6)(A). > > > ###### “(ii) General practice requirements > > The general practice requirements specified in this clause are the following: > > > ###### “(I) > > The practice has a book, manual, or other available writings that specify the components of the practice protocol and describe how to administer the practice. > > > ###### “(II) > > There is no empirical basis suggesting that, compared to its likely benefits, the practice constitutes a risk of harm to those receiving it. > > > ###### “(III) > > If multiple outcome studies have been conducted, the overall weight of evidence supports the benefits of the practice. > > > ###### “(IV) > > Outcome measures are reliable and valid, and are administrated consistently and accurately across all those receiving the practice. > > > ###### “(V) > > There is no case data suggesting a risk of harm that was probably caused by the treatment and that was severe or frequent. > > > ###### “(iii) Promising practice > > A practice shall be considered to be a ‘promising practice’ if the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least one study that— > > > ###### “(I) > > was rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed; and > > > ###### “(II) > > utilized some form of control (such as an untreated group, a placebo group, or a wait list study). > > > ###### “(iv) Supported practice > > A practice shall be considered to be a ‘supported practice’ if— > > > ###### “(I) > > the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least one study that— > > > ###### “(aa) > > was rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed; > > > ###### “(bb) > > was a rigorous random-controlled trial (or, if not available, a study using a rigorous quasi-experimental research design); and > > > ###### “(cc) > > was carried out in a usual care or practice setting; and > > > ###### “(II) > > the study described in subclause
(I)established that the practice has a sustained effect (when compared to a control group) for at least 6 months beyond the end of the treatment. > > > ###### “(v) Well-supported practice > > A practice shall be considered to be a ‘well-supported practice’ if— > > > ###### “(I) > > the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least two studies that— > > > ###### “(aa) > > were rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed; > > > ###### “(bb) > > were rigorous random-controlled trials (or, if not available, studies using a rigorous quasi-experimental research design); and > > > ###### “(cc) > > were carried out in a usual care or practice setting; and > > > ###### “(II) > > at least one of the studies described in subclause
(I)established that the practice has a sustained effect (when compared to a control group) for at least 1 year beyond the end of treatment. > > > ##### “(D) Guidance on practices criteria and pre-approved services and programs > > > ###### “(i) In general > > Not later than October 1, 2018, the Secretary shall issue guidance to States regarding the practices criteria required for services or programs to satisfy the requirements of subparagraph (C). The guidance shall include a pre-approved list of services and programs that satisfy the requirements. > > > ###### “(ii) Updates > > The Secretary shall issue updates to the guidance required by clause
(i)as often as the Secretary determines necessary. > > > ##### “(E) Outcome assessment and reporting > > The State shall collect and report to the Secretary the following information with respect to each child for whom, or on whose behalf mental health and substance abuse prevention and treatment services or in-home parent skill-based programs are provided during a 12-month period beginning on the date the child is determined by the State to be a child described in paragraph (2): > > > ###### “(i) > > The specific services or programs provided and the total expenditures for each of the services or programs. > > > ###### “(ii) > > The duration of the services or programs provided. > > > ###### “(iii) > > In the case of a child described in paragraph (2)(A), the child’s placement status at the beginning, and at the end, of the 1-year period, respectively, and whether the child entered foster care within 2 years after being determined a candidate for foster care. > > > #### “(5) State plan component > > > ##### “(A) In general > > A State electing to provide services or programs specified in paragraph
(1)shall submit as part of the State plan required by subsection
(a)a prevention services and programs plan component that meets the requirements of subparagraph (B). > > > ##### “(B) Prevention services and programs plan component > > In order to meet the requirements of this subparagraph, a prevention services and programs plan component, with respect to each 5-year period for which the plan component is in operation in the State, shall include the following: > > > ###### “(i) > > How providing services and programs specified in paragraph
(1)is expected to improve specific outcomes for children and families. > > > ###### “(ii) > > How the State will monitor and oversee the safety of children who receive services and programs specified in paragraph (1), including through periodic risk assessments throughout the period in which the services and programs are provided on behalf of a child and reexamination of the prevention plan maintained for the child under paragraph
(4)for the provision of the services or programs if the State determines the risk of the child entering foster care remains high despite the provision of the services or programs. > > > ###### “(iii) > > With respect to the services and programs specified in subparagraphs
(A)and
(B)of paragraph (1), information on the specific promising, supported, or well-supported practices the State plans to use to provide the services or programs, including a description of— > > > ###### “(I) > > the services or programs and whether the practices used are promising, supported, or well-supported; > > > ###### “(II) > > how the State plans to implement the services or programs, including how implementation of the services or programs will be continuously monitored to ensure fidelity to the practice model and to determine outcomes achieved and how information learned from the monitoring will be used to refine and improve practices; > > > ###### “(III) > > how the State selected the services or programs; > > > ###### “(IV) > > the target population for the services or programs; and > > > ###### “(V) > > how each service or program provided will be evaluated through a well-designed and rigorous process, which may consist of an ongoing, cross-site evaluation approved by the Secretary. > > > ###### “(iv) > > A description of the consultation that the State agencies responsible for administering the State plans under this part and part B engage in with other State agencies responsible for administering health programs, including mental health and substance abuse prevention and treatment services, and with other public and private agencies with experience in administering child and family services, including community-based organizations, in order to foster a continuum of care for children described in paragraph
(2)and their parents or kin caregivers. > > > ###### “(v) > > A description of how the State shall assess children and their parents or kin caregivers to determine eligibility for services or programs specified in paragraph (1). > > > ###### “(vi) > > A description of how the services or programs specified in paragraph
(1)that are provided for or on behalf of a child and the parents or kin caregivers of the child will be coordinated with other child and family services provided to the child and the parents or kin caregivers of the child under the State plans in effect under subparts 1 and 2 of part B. > > > ###### “(vii) > > Descriptions of steps the State is taking to support and enhance a competent, skilled, and professional child welfare workforce to deliver trauma-informed and evidence-based services, including— > > > ###### “(I) > > ensuring that staff is qualified to provide services or programs that are consistent with the promising, supported, or well-supported practice models selected; and > > > ###### “(II) > > developing appropriate prevention plans, and conducting the risk assessments required under clause (iii). > > > ###### “(viii) > > A description of how the State will provide training and support for caseworkers in assessing what children and their families need, connecting to the families served, knowing how to access and deliver the needed trauma-informed and evidence-based services, and overseeing and evaluating the continuing appropriateness of the services. > > > ###### “(ix) > > A description of how caseload size and type for prevention caseworkers will be determined, managed, and overseen. > > > ###### “(x) > > An assurance that the State will report to the Secretary such information and data as the Secretary may require with respect to the provision of services and programs specified in paragraph (1), including information and data necessary to determine the performance measures for the State under paragraph
(6)and compliance with paragraph (7). > > > ##### “(C) Reimbursement for services under the prevention plan component > > > ###### “(i) Limitation > > Except as provided in subclause (ii), a State may not receive a Federal payment under this part for a given promising, supported, or well-supported practice unless (in accordance with subparagraph (B)(iii)(V)) the plan includes a well-designed and rigorous evaluation strategy for that practice. > > > ###### “(ii) Waiver of limitation > > The Secretary may waive the requirement for a well-designed and rigorous evaluation of any well-supported practice if the Secretary deems the evidence of the effectiveness of the practice to be compelling and the State meets the continuous quality improvement requirements included in subparagraph (B)(iii)(II) with regard to the practice. > > > #### “(6) Prevention services measures > > > ##### “(A) Establishment; annual updates > > Beginning with fiscal year 2021, and annually thereafter, the Secretary shall establish the following prevention services measures based on information and data reported by States that elect to provide services and programs specified in paragraph (1): > > > ###### “(i) Percentage of candidates for foster care who do not enter foster care > > The percentage of candidates for foster care for whom, or on whose behalf, the services or programs are provided who do not enter foster care, including those placed with a kin caregiver outside of foster care, during the 12-month period in which the services or programs are provided and through the end of the succeeding 12-month period. > > > ###### “(ii) Per-child spending > > The total amount of expenditures made for mental health and substance abuse prevention and treatment services or in-home parent skill-based programs, respectively, for, or on behalf of, each child described in paragraph (2). > > > ##### “(B) Data > > The Secretary shall establish and annually update the prevention services measures— > > > ###### “(i) > > based on the median State values of the information reported under each clause of subparagraph
(A)for the 3 then most recent years; and > > > ###### “(ii) > > taking into account State differences in the price levels of consumption goods and services using the most recent regional price parities published by the Bureau of Economic Analysis of the Department of Commerce or such other data as the Secretary determines appropriate. > > > ##### “(C) Publication of state prevention services measures > > The Secretary shall annually make available to the public the prevention services measures of each State. > > > #### “(7) Maintenance of effort for state foster care prevention expenditures > > > ##### “(A) In general > > If a State elects to provide services and programs specified in paragraph
(1)for a fiscal year, the State foster care prevention expenditures for the fiscal year shall not be less than the amount of the expenditures for fiscal year 2014 (or, at the option of a State described in subparagraph (E), fiscal year 2015 or fiscal year 2016 (whichever the State elects)). > > > ##### “(B) State foster care prevention expenditures > > The term ‘State foster care prevention expenditures’ means the following: > > > ###### “(i) TANF; iv–b; ssbg > > State expenditures for foster care prevention services and activities under the State program funded under part A (including from amounts made available by the Federal Government), under the State plan developed under part B (including any such amounts), or under the Social Services Block Grant Programs under subtitle A of title XX (including any such amounts). > > > ###### “(ii) Other state programs > > State expenditures for foster care prevention services and activities under any State program that is not described in clause
(i)(other than any State expenditures for foster care prevention services and activities under the State program under this part (including under a waiver of the program)). > > > ##### “(C) State expenditures > > The term ‘State expenditures’ means all State or local funds that are expended by the State or a local agency including State or local funds that are matched or reimbursed by the Federal Government and State or local funds that are not matched or reimbursed by the Federal Government. > > > ##### “(D) Determination of prevention services and activities > > The Secretary shall require each State that elects to provide services and programs specified in paragraph
(1)to report the expenditures specified in subparagraph
(B)for fiscal year 2014 and for such fiscal years thereafter as are necessary to determine whether the State is complying with the maintenance of effort requirement in subparagraph (A). The Secretary shall specify the specific services and activities under each program referred to in subparagraph
(B)that are ‘prevention services and activities’ for purposes of the reports. > > > ##### “(E) State described > > For purposes of subparagraph (A), a State is described in this subparagraph if the population of children in the State in 2014 was less than 200,000 (as determined by the United States Census Bureau). > > > #### “(8) Prohibition against use of state foster care prevention expenditures and federal iv–e prevention funds for matching or expenditure requirement > > A State that elects to provide services and programs specified in paragraph
(1)shall not use any State foster care prevention expenditures for a fiscal year for the State share of expenditures under section 474(a)(6) for a fiscal year. > > > #### “(9) Administrative costs > > Expenditures described in section 474(a)(6)(B)— > > > ##### “(A) > > shall not be eligible for payment under subparagraph (A), (B), or
(E)of section 474(a)(3); and > > > ##### “(B) > > shall be eligible for payment under section 474(a)(6)(B) without regard to whether the expenditures are incurred on behalf of a child who is, or is potentially, eligible for foster care maintenance payments under this part. > > > #### “(10) Application > > > ##### “(A) In general > > The provision of services or programs under this subsection to or on behalf of a child described in paragraph
(2)shall not be considered to be receipt of aid or assistance under the State plan under this part for purposes of eligibility for any other program established under this Act. > > > ##### “(B) Candidates in kinship care > > A child described in paragraph
(2)for whom such services or programs under this subsection are provided for more than 6 months while in the home of a kin caregiver, and who would satisfy the AFDC eligibility requirement of section 472(a)(3)(A)(ii)(II) but for residing in the home of the caregiver for more than 6 months, is deemed to satisfy that requirement for purposes of determining whether the child is eligible for foster care maintenance payments under section 472.” > . ###
(b)Definition Section 475 of such Act (42 U.S.C. 675) is amended by adding at the end the following: > > #### “(13) > > The term ‘child who is a candidate for foster care’ means, a child who is identified in a prevention plan under section 471(e)(4)(A) as being at imminent risk of entering foster care (without regard to whether the child would be eligible for foster care maintenance payments under section 472 or is or would be eligible for adoption assistance or kinship guardianship assistance payments under section 473) but who can remain safely in the child’s home or in a kinship placement as long as services or programs specified in section 471(e)(1) that are necessary to prevent the entry of the child into foster care are provided. The term includes a child whose adoption or guardianship arrangement is at risk of a disruption or dissolution that would result in a foster care placement.” > . ###
(c)Payments Under Title IV–E Section 474(a) of such Act (42 U.S.C. 674(a)) is amended— ####
(1)in paragraph (5), by striking the period at the end and inserting “; plus”; and ####
(2)by adding at the end the following: > > #### “(6) > > subject to section 471(e)— > > > ##### “(A) > > for each quarter— > > > ###### “(i) > > subject to clause (ii)— > > > ###### “(I) > > beginning after September 30, 2019, and before October 1, 2026, an amount equal to 50 percent of the total amount expended during the quarter for the provision of services or programs specified in subparagraph
(A)or
(B)of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C); and > > > ###### “(II) > > beginning after September 30, 2026, an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during the quarter for the provision of services or programs specified in subparagraph
(A)or
(B)of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C) (or, with respect to the payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the ‘tribal FMAP’) if the Indian tribe, tribal organization, or tribal consortium made the payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); except that > > > ###### “(ii) > > not less than 50 percent of the total amount expended by a State under clause
(i)for a fiscal year shall be for the provision of services or programs specified in subparagraph
(A)or
(B)of section 471(e)(1) that are provided in accordance with well-supported practices; plus > > > ##### “(B) > > for each quarter specified in subparagraph (A), an amount equal to the sum of the following proportions of the total amount expended during the quarter— > > > ###### “(i) > > 50 percent of so much of the expenditures as are found necessary by the Secretary for the proper and efficient administration of the State plan for the provision of services or programs specified in section 471(e)(1), including expenditures for activities approved by the Secretary that promote the development of necessary processes and procedures to establish and implement the provision of the services and programs for individuals who are eligible for the services and programs and expenditures attributable to data collection and reporting; and > > > ###### “(ii) > > 50 percent of so much of the expenditures with respect to the provision of services and programs specified in section 471(e)(1) as are for training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision and of the members of the staff of State-licensed or State-approved child welfare agencies providing services to children described in section 471(e)(2) and their parents or kin caregivers, including on how to determine who are individuals eligible for the services or programs, how to identify and provide appropriate services and programs, and how to oversee and evaluate the ongoing appropriateness of the services and programs.” > . ###
(d)Technical Assistance and Best Practices, Clearinghouse, and Data Collection and Evaluations Section 476 of such Act (42 U.S.C. 676) is amended by adding at the end the following: > > ### “(d) Technical Assistance and Best Practices, Clearinghouse, Data Collection, and Evaluations Relating to Prevention Services and Programs > > > #### “(1) Technical assistance and best practices > > The Secretary shall provide to States and, as applicable, to Indian tribes, tribal organizations, and tribal consortia, technical assistance regarding the provision of services and programs described in section 471(e)(1) and shall disseminate best practices with respect to the provision of the services and programs, including how to plan and implement a well-designed and rigorous evaluation of a promising, supported, or well-supported practice. > > > #### “(2) Clearinghouse of promising, supported, and well-supported practices > > The Secretary shall, directly or through grants, contracts, or interagency agreements, evaluate research on the practices specified in clauses (iii), (iv), and (v), respectively, of section 471(e)(4)(C), and programs that meet the requirements described in section 427(a)(1), including culturally specific, or location- or population-based adaptations of the practices, to identify and establish a public clearinghouse of the practices that satisfy each category described by such clauses. In addition, the clearinghouse shall include information on the specific outcomes associated with each practice, including whether the practice has been shown to prevent child abuse and neglect and reduce the likelihood of foster care placement by supporting birth families and kinship families and improving targeted supports for pregnant and parenting youth and their children. > > > #### “(3) Data collection and evaluations > > The Secretary, directly or through grants, contracts, or interagency agreements, may collect data and conduct evaluations with respect to the provision of services and programs described in section 471(e)(1) for purposes of assessing the extent to which the provision of the services and programs— > > > ##### “(A) > > reduces the likelihood of foster care placement; > > > ##### “(B) > > increases use of kinship care arrangements; or > > > ##### “(C) > > improves child well-being. > > > #### “(4) Reports to congress > > > ##### “(A) In general > > The Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives periodic reports based on the provision of services and programs described in section 471(e)(1) and the activities carried out under this subsection. > > > ##### “(B) Public availability > > The Secretary shall make the reports to Congress submitted under this paragraph publicly available. > > > #### “(5) Appropriation > > Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $1,000,000 for fiscal year 2018 and each fiscal year thereafter to carry out this subsection.” > . ###
(e)Application to Programs Operated by Indian Tribal Organizations ####
(1)In general Section 479B of such Act (42 U.S.C. 679c) is amended— #####
(A)in subsection (c)(1)— ######
(i)in subparagraph (C)(i)— ######
(I)in subclause (II), by striking “and” after the semicolon; ######
(II)in subclause (III), by striking the period at the end and inserting “; and”; and ######
(III)by adding at the end the following: > > ###### “(IV) > > at the option of the tribe, organization, or consortium, services and programs specified in section 471(e)(1) to children described in section 471(e)(2) and their parents or kin caregivers, in accordance with section 471(e) and subparagraph (E).” > ; and ######
(ii)by adding at the end the following: > > ##### “(E) Prevention services and programs for children and their parents and kin caregivers > > > ###### “(i) In general > > In the case of a tribe, organization, or consortium that elects to provide services and programs specified in section 471(e)(1) to children described in section 471(e)(2) and their parents or kin caregivers under the plan, the Secretary shall specify the requirements applicable to the provision of the services and programs. The requirements shall, to the greatest extent practicable, be consistent with the requirements applicable to States under section 471(e) and shall permit the provision of the services and programs in the form of services and programs that are adapted to the culture and context of the tribal communities served. > > > ###### “(ii) Performance measures > > The Secretary shall establish specific performance measures for each tribe, organization, or consortium that elects to provide services and programs specified in section 471(e)(1). The performance measures shall, to the greatest extent practicable, be consistent with the prevention services measures required for States under section 471(e)(6) but shall allow for consideration of factors unique to the provision of the services by tribes, organizations, or consortia.” > ; and #####
(B)in subsection (d)(1), by striking “and (5)” and inserting “(5), and (6)(A)”. ####
(2)Conforming amendment The heading for subsection
(d)of section 479B of such Act (42 U.S.C. 679c) is amended by striking “for Foster Care Maintenance and Adoption Assistance Payments”. ###
(f)Application to Programs Operated by Territories Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended by striking “or 413(f)” and inserting “413(f), or 474(a)(6)”.
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