Sec. 50741. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES
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## SEC. 50741 LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES ###
(a)Limitation on Federal Financial Participation ####
(1)In general Section 472 of the Social Security Act (42 U.S.C. 672), as amended by section 50712(a), is amended— #####
(A)in subsection (a)(2)(C), by inserting “, but only to the extent permitted under subsection (k)” after “institution”; and #####
(B)by adding at the end the following: > > ### “(k) Limitation on Federal Financial Participation > > > #### “(1) In general > > Beginning with the third week for which foster care maintenance payments are made under this section on behalf of a child placed in a child-care institution, no Federal payment shall be made to the State under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of the child unless— > > > ##### “(A) > > the child is placed in a child-care institution that is a setting specified in paragraph
(2)(or is placed in a licensed residential family-based treatment facility consistent with subsection (j)); and > > > ##### “(B) > > in the case of a child placed in a qualified residential treatment program (as defined in paragraph (4)), the requirements specified in paragraph
(3)and section 475A(c) are met. > > > #### “(2) Specified settings for placement > > The settings for placement specified in this paragraph are the following: > > > ##### “(A) > > A qualified residential treatment program (as defined in paragraph (4)). > > > ##### “(B) > > A setting specializing in providing prenatal, post-partum, or parenting supports for youth. > > > ##### “(C) > > In the case of a child who has attained 18 years of age, a supervised setting in which the child is living independently. > > > ##### “(D) > > A setting providing high-quality residential care and supportive services to children and youth who have been found to be, or are at risk of becoming, sex trafficking victims, in accordance with section 471(a)(9)(C). > > > #### “(3) Assessment to determine appropriateness of placement in a qualified residential treatment program > > > ##### “(A) Deadline for assessment > > In the case of a child who is placed in a qualified residential treatment program, if the assessment required under section 475A(c)(1) is not completed within 30 days after the placement is made, no Federal payment shall be made to the State under section 474(a)(1) for any amounts expended for foster care maintenance payments on behalf of the child during the placement. > > > ##### “(B) Deadline for transition out of placement > > If the assessment required under section 475A(c)(1) determines that the placement of a child in a qualified residential treatment program is not appropriate, a court disapproves such a placement under section 475A(c)(2), or a child who has been in an approved placement in a qualified residential treatment program is going to return home or be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home, Federal payments shall be made to the State under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of the child while the child remains in the qualified residential treatment program only during the period necessary for the child to transition home or to such a placement. In no event shall a State receive Federal payments under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of a child who remains placed in a qualified residential treatment program after the end of the 30-day period that begins on the date a determination is made that the placement is no longer the recommended or approved placement for the child. > > > #### “(4) Qualified residential treatment program > > For purposes of this part, the term ‘qualified residential treatment program’ means a program that— > > > ##### “(A) > > has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required under section 475A(c); > > > ##### “(B) > > subject to paragraphs
(5)and (6), has registered or licensed nursing staff and other licensed clinical staff who— > > > ###### “(i) > > provide care within the scope of their practice as defined by State law; > > > ###### “(ii) > > are on-site according to the treatment model referred to in subparagraph (A); and > > > ###### “(iii) > > are available 24 hours a day and 7 days a week; > > > ##### “(C) > > to extent appropriate, and in accordance with the child’s best interests, facilitates participation of family members in the child’s treatment program; > > > ##### “(D) > > facilitates outreach to the family members of the child, including siblings, documents how the outreach is made (including contact information), and maintains contact information for any known biological family and fictive kin of the child; > > > ##### “(E) > > documents how family members are integrated into the treatment process for the child, including post-discharge, and how sibling connections are maintained; > > > ##### “(F) > > provides discharge planning and family-based aftercare support for at least 6 months post-discharge; and > > > ##### “(G) > > is licensed in accordance with section 471(a)(10) and is accredited by any of the following independent, not-for-profit organizations: > > > ###### “(i) > > The Commission on Accreditation of Rehabilitation Facilities (CARF). > > > ###### “(ii) > > The Joint Commission on Accreditation of Healthcare Organizations (JCAHO). > > > ###### “(iii) > > The Council on Accreditation (COA). > > > ###### “(iv) > > Any other independent, not-for-profit accrediting organization approved by the Secretary. > > > #### “(5) Administrative costs > > The prohibition in paragraph
(1)on Federal payments under section 474(a)(1) shall not be construed as prohibiting Federal payments for administrative expenditures incurred on behalf of a child placed in a child-care institution and for which payment is available under section 474(a)(3). > > > #### “(6) Rule of construction > > The requirements in paragraph (4)(B) shall not be construed as requiring a qualified residential treatment program to acquire nursing and behavioral health staff solely through means of a direct employer to employee relationship.” > . ####
(2)Conforming amendment Section 474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)), as amended by section 50712(b), is amended by striking “section 472(j)” and inserting “subsections
(j)and
(k)of section 472”. ###
(b)Definition of Foster Family Home, Child-Care Institution Section 472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as follows: > > ### “(c) Definitions > > For purposes of this part: > > > #### “(1) Foster family home > > > ##### “(A) In general > > The term ‘foster family home’ means the home of an individual or family— > > > ###### “(i) > > that is licensed or approved by the State in which it is situated as a foster family home that meets the standards established for the licensing or approval; and > > > ###### “(ii) > > in which a child in foster care has been placed in the care of an individual, who resides with the child and who has been licensed or approved by the State to be a foster parent— > > > ###### “(I) > > that the State deems capable of adhering to the reasonable and prudent parent standard; > > > ###### “(II) > > that provides 24-hour substitute care for children placed away from their parents or other caretakers; and > > > ###### “(III) > > that provides the care for not more than six children in foster care. > > > ##### “(B) State flexibility > > The number of foster children that may be cared for in a home under subparagraph
(A)may exceed the numerical limitation in subparagraph (A)(ii)(III), at the option of the State, for any of the following reasons: > > > ###### “(i) > > To allow a parenting youth in foster care to remain with the child of the parenting youth. > > > ###### “(ii) > > To allow siblings to remain together. > > > ###### “(iii) > > To allow a child with an established meaningful relationship with the family to remain with the family. > > > ###### “(iv) > > To allow a family with special training or skills to provide care to a child who has a severe disability. > > > ##### “(C) Rule of construction > > Subparagraph
(A)shall not be construed as prohibiting a foster parent from renting the home in which the parent cares for a foster child placed in the parent’s care. > > > #### “(2) Child-care institution > > > ##### “(A) In general > > The term ‘child-care institution’ means a private child-care institution, or a public child-care institution which accommodates no more than 25 children, which is licensed by the State in which it is situated or has been approved by the agency of the State responsible for licensing or approval of institutions of this type as meeting the standards established for the licensing. > > > ##### “(B) Supervised settings > > In the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations. > > > ##### “(C) Exclusions > > The term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.” > . ###
(c)Training for State Judges, Attorneys, and Other Legal Personnel in Child Welfare Cases Section 438(b)(1) of such Act (42 U.S.C. 629h(b)(1)) is amended in the matter preceding subparagraph
(A)by inserting “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,” after “with respect to the child,”. ###
(d)Assurance of Nonimpact on Juvenile Justice System ####
(1)State plan requirement Section 471(a) of such Act (42 U.S.C. 671(a)), as amended by section 50731, is further amended by adding at the end the following: > > #### “(37) > > includes a certification that, in response to the limitation imposed under section 472(k) with respect to foster care maintenance payments made on behalf of any child who is placed in a setting that is not a foster family home, the State will not enact or advance policies or practices that would result in a significant increase in the population of youth in the State’s juvenile justice system.” > . ####
(2)GAO study and report The Comptroller General of the United States shall evaluate the impact, if any, on State juvenile justice systems of the limitation imposed under section 472(k) of the Social Security Act (as added by section 50741(a)(1)) on foster care maintenance payments made on behalf of any child who is placed in a setting that is not a foster family home, in accordance with the amendments made by subsections
(a)and
(b)of this section. In particular, the Comptroller General shall evaluate the extent to which children in foster care who also are subject to the juvenile justice system of the State are placed in a facility under the jurisdiction of the juvenile justice system and whether the lack of available congregate care placements under the jurisdiction of the child welfare systems is a contributing factor to that result. Not later than December 31, 2025, the Comptroller General shall submit to Congress a report on the results of the evaluation.
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Sec. 50741
LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES
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