USC Subpart 2

in effect

42 U.S.C. § 629 Purpose

The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community-based family support services, family preservation services, family reunification services, and adoption promotion and support services to accomplish the following objectives: (1) To prevent child maltreatment among families at risk through the provision of supportive family services. (2) To assure children’s safety within the home and preserve intact families in which children have been maltreated, when the family’s problems can be addressed effectively. (3) To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997. (4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children.

42 U.S.C. § 629a Definitions

(a) In generalAs used in this subpart:(1) Family preservation servicesThe term “family preservation services” means services for children, youth, and families designed to help families (including kinship and adoptive families) at risk or in crisis, including—(A) service programs designed to help children—(i) where safe and appropriate, return to families from which they have been removed; or (ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement; (B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families; (C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement; (D) respite care of children to provide temporary relief for parents, kinship caregivers, and foster parents; (E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition; (F) infant safe haven programs to provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to a State law; (G)(i) peer-to-peer mentoring and support programs with demonstrated experience fostering constructive relationships between children and families and mentors with relevant lived experience or interactions with the child welfare system; and (ii) for purposes of this subpart, an expenditure for a service described in clause (i) may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services, as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category; and (H)(i) services providing nonrecurring short term benefits (including supports related to housing instability, utilities, transportation, and food assistance, among other basic needs) that address immediate needs related to a specific crisis, situation, or event affecting the ability of a child to remain in a home established for the child that is not intended to meet an ongoing need; and (ii) for purposes of this subpart, an expenditure for a service described in clause (i) may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category. (2) Family support services(A) In generalThe term “family support services” means community-based services, including services provided by family resource centers, designed to carry out the purposes described in subparagraph (B). (B) Purposes describedThe purposes described in this subparagraph are the following:(i) To promote the safety and well-being of children, youth, and families. (ii) To increase the strength and stability of families (including adoptive, foster, and kinship families). (iii) To support and retain foster families so they can provide quality family-based settings for children in foster care. (iv) To increase parents’ confidence and competence in their parenting abilities. (v) To afford children a safe, stable, and supportive family environment. (vi) To strengthen parental relationships and promote healthy marriages. (vii) To enhance child development, including through mentoring. (3) State agencyThe term “State agency” means the State agency responsible for administering the program under subpart 1. (4) StateThe term “State” includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1. (5) Indian tribeThe term “Indian tribe” has the meaning given the term in section 628(d) of this title. (6) Tribal organizationThe term “tribal organization” has the meaning given the term in section 628(d) of this title. (7) Family reunification services(A) In generalThe term “family reunification services” means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child’s home and placed with kinship caregivers or in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion and to ensure the strength and stability of the reunification. In the case of a child who has been returned home, the services and activities shall only be provided during the 15-month period that begins on the date that the child returns home. (B) Services and activities describedThe services and activities described in this subparagraph are the following:(i) Individual, group, and family counseling. (ii) Inpatient, residential, or outpatient substance abuse treatment services. (iii) Mental health services. (iv) Assistance to address domestic violence. (v) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries. (vi) Peer-to-peer mentoring and support groups for parents and primary caregivers. (vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings. (viii) Transportation to or from any of the services and activities described in this subparagraph. (8) Adoption promotion and support servicesThe term “adoption promotion and support services” means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families. (9) Non-Federal fundsThe term “non-Federal funds” means State funds, or at the option of a State, State and local funds. (10) Family resource center(A) In generalThe term “family resource center” means a community or school-based hub of support services for families that—(i) utilizes an approach that is multi-generational, strengths-based, and family-centered; (ii) reflects, and is responsive to, community needs and interests; (iii) provides support at no or low cost for participants; and (iv) builds communities of peer support for families, including kinship families, to develop social connections that reduce isolation and stress. (B) Special ruleFor purposes of this subpart, an expenditure for a service provided by a family resource center may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category. (11) YouthThe term “youth” means an individual who has not attained 26 years of age. (12) MentoringThe term “mentoring” means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one on-one relationships, involving meetings and activities on a regular basis, intended to meet, in part, the child’s need for involvement with a caring and supportive adult who provides a positive role model. (b) Other termsFor other definitions of other terms used in this subpart, see section 675 of this title. (c) Use of technology(1) Use of portalThe services referred to in subsection (a) may include the means of access to and use of an electronic or digital portal to facilitate the provision of community support to care for and meet specific needs of families and children. (2) LimitationSuch a portal shall not retain or share personally identifiable information about a beneficiary without consent or for any purpose other than referral.

42 U.S.C. § 629b State plans

(a) Plan requirementsA State plan meets the requirements of this subsection if the plan—(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart; (2)(A)(i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter; (B) describes the methods to be used in measuring progress toward accomplishment of the goals; (C) contains assurances that the State—(i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and (ii) after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year; (3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations; (4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 629d of this title for the fiscal year shall be for administrative costs, and that the remaining expenditures shall be for programs of family preservation services, community-based family support services, family reunification services, and adoption promotion and support services, with significant portions of such expenditures for each such program; (5) contains assurances that the State will—(A) annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services, community-based family support services, family reunification services, and adoption promotion and support services) of—(i) the service programs to be made available under the plan in the immediately succeeding fiscal year; (ii) the populations which the programs will serve; and (iii) the geographic areas in the State in which the services will be available; and (B) perform the activities described in subparagraph (A)—(i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and (ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year; (6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan; (7)(A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and (B) provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State’s compliance with the prohibition contained in subparagraph (A); (8)(A) provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require; and (B) provides that, not later than June 30 of each year, the State will submit to the Secretary—(i) copies of form CFS–101 (including all parts and any successor forms) that report on planned child and family services expenditures by the agency for the immediately succeeding fiscal year; and (ii) copies of form CFS–101 (including all parts and any successor forms) that provide, with respect to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on such forms, for the most recent preceding fiscal year for which reporting of actual expenditures is complete—(I) the numbers of families and of children served by the State agency; (II) the population served by the State agency; (III) the geographic areas served by the State agency; and (IV) the actual expenditures of funds provided to the State agency; (9) contains assurances that in administering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern; (10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations; and (11) provides a description of policies in place, including training for employees, to address child welfare reports and investigations of neglect concerning the living arrangements or subsistence needs of a child with the goal to prevent the separation of a child from a parent of the child solely due to poverty, to ensure access to services described in section 629a(a)(1)(H) of this title. (b) Approval of plans(1) In generalThe Secretary shall approve a plan that meets the requirements of subsection (a) only if—(A) the plan was developed jointly by the Secretary and the State, and the State, in developing the plan, consulted with—(i) appropriate public and nonprofit private agencies; (ii) community-based organizations involved in providing services for children and families in the areas of family preservation, family support, family reunification, foster care, kinship, and adoption promotion and support; (iii) parents with child welfare experience, foster parents, adoptive parents, and kinship caregivers; and (iv) children, youth, and young adults with experience in the child welfare system, including State boards and councils comprised of youth with lived experience who represent the diversity of children in the State to whom the plan would apply; and (B) the State has made publicly accessible on a website of the State agency a report that outlines how the State has implemented the suggestions of the children and youth referred to in subparagraph (A)(iv). (2) Plans of Indian tribes or tribal consortia(A) Exemption from inappropriate requirementsThe Secretary may exempt a plan submitted by an Indian tribe or tribal consortium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium. (B) Special ruleNotwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe or tribal consortium under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under sections 629c(a) and 629g(c)(1) of this title combined if allotments were made under such sections to all Indian tribes and tribal consortia with plans approved under this subpart with the same or larger numbers of children. (c) Annual submission of State reports to Congress(1) In generalThe Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) Information to be includedThe compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1. (3) Public accessibilityNot later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.

42 U.S.C. § 629c Allotments to States

(a) Indian tribes or tribal consortiaFrom the amount reserved pursuant to section 629f(b)(2) of this title for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes submits a plan approved under this subpart, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium. (b) TerritoriesFrom the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title. (c) Other States(1) In generalFrom the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in subsection (b) of this section an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State for the fiscal year. (2) Supplemental nutrition assistance program benefits percentage defined(A) In generalAs used in paragraph (1) of this subsection, the term “supplemental nutrition assistance program benefits percentage” means, with respect to a State and a fiscal year, the average monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 2025(c) of title 7, expressed as a percentage of the average monthly number of children receiving supplemental nutrition assistance program benefits in the States described in such paragraph (1) for months in such 3 fiscal years, as so determined. (B) Fiscal years used in calculationFor purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State’s allotment is calculated under this subsection, for which such data are available to the Secretary. (d) ReallotmentsThe amount of any allotment to a State under subsection (a), (b), or (c) of this section for any fiscal year that the State certifies to the Secretary will not be required for carrying out the State plan under section 629b of this title shall be available for reallotment using the allotment methodology specified in subsection (a), (b), or (c) of this section. Any amount so reallotted to a State is deemed part of the allotment of the State under the preceding provisions of this section. (e) Allotment of funds reserved to support monthly caseworker visits(1) Base allotmentFrom the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with section 629f(b)(4)(B)(ii) 11 See References in Text note below. of this title during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this subsection, as applicable. (2) TerritoriesFrom the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title (without regard to the initial allotment of $70,000 to each State). (3) Other StatesFrom the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year that remains after applying paragraphs (1) and (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section to which a base allotment was made under paragraph (1) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, “subsection (e)(3)” shall be substituted for “such paragraph (1)”.

42 U.S.C. § 629d Payments to States

(a) EntitlementEach State that has a plan approved under section 629b of this title shall, subject to subsection (d), be entitled to payment of the sum of—(1) the lesser of—(A) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or (B) the allotment of the State under subsection (a), (b), or (c) of section 629c of this title, whichever is applicable, for the fiscal year; and (2) the lesser of—(A) 75 percent of the total expenditures by the State in accordance with section 629f(b)(3)(B) of this title during the fiscal year or the immediately succeeding fiscal year; or (B) the allotment of the State under section 629c(e) of this title for the fiscal year. (b) Prohibitions(1) No use of other Federal funds for State matchEach State receiving an amount paid under subsection (a) may not expend any Federal funds to meet the costs of services under the State plan under section 629b of this title not covered by the amount so paid. (2) Availability of fundsA State may not expend any amount paid under subsection (a) for any fiscal year after the end of the immediately succeeding fiscal year. (c) Direct payments to tribal organizations of Indian tribes or tribal consortiaThe Secretary shall pay any amount to which an Indian tribe or tribal consortium is entitled under this section directly to the tribal organization of the Indian tribe or in the case of a payment to a tribal consortium, such tribal organizations of, or entity established by, the Indian tribes that are part of the consortium as the consortium shall designate. (d) Limitation on reimbursement for administrative costsThe Secretary shall not make a payment to a State under this section with respect to expenditures for administrative costs during a fiscal year, to the extent that the total amount of the expenditures exceeds 10 percent of the total expenditures of the State during the fiscal year under the State plan approved under section 629b of this title.

42 U.S.C. § 629e Evaluations; research; technical assistance

(a) Evaluations(1) In generalThe Secretary shall evaluate and report to the Congress biennially on the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2). (2) Criteria to be usedIn developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as—(A) State agencies administering programs under this part and part E; (B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare including community-based partners with expertise in preventing unnecessary child welfare system involvement; and (C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs. (3) Timing of reportBeginning in 2003, the Secretary shall submit the biennial report required by this subsection not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d). (b) Coordination of evaluationsThe Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart. (c) Evaluation, research, and technical assistance with respect to targeted program resourcesOf the amount reserved under section 629g(b)(1) of this title for a fiscal year, the Secretary shall use not less than—(1) $1,000,000 for technical assistance to grantees under section 629g(f) of this title and to support design of local site evaluations with the goal of publishing and submitting evaluation findings to the clearinghouse established under section 676(d) of this title, or to award grants to allow current or former grantees under section 629g(f) of this title to analyze, publish, and submit to the clearinghouse data collected during past grants; and (2) $1,000,000 for technical assistance required under section 628d of this title to support effective implementation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.] and to support development of associated State plan measures described pursuant to section 622(b)(9) of this title. (d) Technical assistanceTo the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes or tribal consortia to—(1) develop research-based protocols for identifying families at risk of abuse and neglect of use in the field; (2) develop treatment models that address the needs of families at risk, particularly families with substance abuse issues; (3) implement programs with well-articulated theories of how the intervention will result in desired changes among families at risk; (4) establish mechanisms to ensure that service provision matches the treatment model; (5) establish mechanisms to ensure that postadoption services meet the needs of the individual families and develop models to reduce the disruption rates of adoption; and (6) use grants under section 629g(f) of this title in coordination with other Federal funds to better serve families in the child welfare system that are affected by a substance use disorder. (e) Family recovery and reunification program replication project(1) PurposeThe purpose of this subsection is to provide resources to the Secretary to support the conduct and evaluation of a family recovery and reunification program replication project (referred to in this subsection as the “project”) and to determine the extent to which such programs may be appropriate for use at different intervention points (such as when a child is at risk of entering foster care or when a child is living with a guardian while a parent is in treatment). The family recovery and reunification program conducted under the project shall use a recovery coach model that is designed to help reunify families and protect children by working with parents or guardians with a substance use disorder who have temporarily lost custody of their children. (2) Program componentsThe family recovery and reunification program conducted under the project shall adhere closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children and, consistent with such elements and protocol, shall provide such items and services as—(A) assessments to evaluate the needs of the parent or guardian; (B) assistance in receiving the appropriate benefits to aid the parent or guardian in recovery; (C) services to assist the parent or guardian in prioritizing issues identified in assessments, establishing goals for resolving such issues that are consistent with the goals of the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children, and making a coordinated plan for achieving such goals; (D) home visiting services coordinated with the child welfare agency and treatment provider involved with the parent or guardian or their children; (E) case management services to remove barriers for the parent or guardian to participate and continue in treatment, as well as to re-engage a parent or guardian who is not participating or progressing in treatment; (F) access to services needed to monitor the parent’s or guardian’s compliance with program requirements; (G) frequent reporting between the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children to ensure appropriate information on the parent’s or guardian’s status is available to inform decision-making; and (H) assessments and recommendations provided by a recovery coach to the child welfare caseworker responsible for documenting the parent’s or guardian’s progress in treatment and recovery as well as the status of other areas identified in the treatment plan for the parent or guardian, including a recommendation regarding the expected safety of the child if the child is returned to the custody of the parent or guardian that can be used by the caseworker and a court to make permanency decisions regarding the child. (3) Responsibilities of the Secretary(A) In generalThe Secretary shall, through a grant or contract with 1 or more entities, conduct and evaluate the family recovery and reunification program under the project. (B) RequirementsIn identifying 1 or more entities to conduct the evaluation of the family recovery and reunification program, the Secretary shall—(i) determine that the area or areas in which the program will be conducted have sufficient substance use disorder treatment providers and other resources (other than those provided with funds made available to carry out the project) to successfully conduct the program; (ii) determine that the area or areas in which the program will be conducted have enough potential program participants, and will serve a sufficient number of parents or guardians and their children, so as to allow for the formation of a control group, evaluation results to be adequately powered, and preliminary results of the evaluation to be available within 4 years of the program’s implementation; (iii) provide the entity or entities with technical assistance for the program design, including by working with 1 or more entities that are or have been involved in recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children so as to make sure the program conducted under the project adheres closely to the elements and protocol determined to be most effective in such other recovery coaching programs; (iv) assist the entity or entities in securing adequate coaching, treatment, child welfare, court, and other resources needed to successfully conduct the family recovery and reunification program under the project; and (v) ensure the entity or entities will be able to monitor the impacts of the program in the area or areas in which it is conducted for at least 5 years after parents or guardians and their children are randomly assigned to participate in the program or to be part of the program’s control group. (4) Evaluation requirements(A) In generalThe Secretary, in consultation with the entity or entities conducting the family recovery and reunification program under the project, shall conduct an evaluation to determine whether the program has been implemented effectively and resulted in improvements for children and families. The evaluation shall have 3 components: a pilot phase, an impact study, and an implementation study. (B) Pilot phaseThe pilot phase component of the evaluation shall consist of the Secretary providing technical assistance to the entity or entities conducting the family recovery and reunification program under the project to ensure—(i) the program’s implementation adheres closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and (ii) random assignment of parents or guardians and their children to be participants in the program or to be part of the program’s control group is being carried out. (C) Impact studyThe impact study component of the evaluation shall determine the impacts of the family recovery and reunification program conducted under the project on the parents and guardians and their children participating in the program. The impact study component shall—(i) be conducted using an experimental design that uses a random assignment research methodology; (ii) consistent with previous studies of other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children, measure outcomes for parents and guardians and their children over multiple time periods, including for a period of 5 years; and (iii) include measurements of family stability and parent, guardian, and child safety for program participants and the program control group that are consistent with measurements of such factors for participants and control groups from previous studies of other recovery coaching programs so as to allow results of the impact study to be compared with the results of such prior studies, including with respect to comparisons between program participants and the program control group regarding—(I) safe family reunification; (II) time to reunification; (III) permanency (such as through measures of reunification, adoption, or placement with guardians); (IV) safety (such as through measures of subsequent maltreatment); (V) parental or guardian treatment persistence and engagement; (VI) parental or guardian substance use; (VII) juvenile delinquency; (VIII) cost; and (IX) other measurements agreed upon by the Secretary and the entity or entities operating the family recovery and reunification program under the project. (D) Implementation studyThe implementation study component of the evaluation shall be conducted concurrently with the conduct of the impact study component and shall include, in addition to such other information as the Secretary may determine, descriptions and analyses of—(i) the adherence of the family recovery and reunification program conducted under the project to other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and (ii) the difference in services received or proposed to be received by the program participants and the program control group. (E) ReportThe Secretary shall publish on an internet website maintained by the Secretary the following information:(i) A report on the pilot phase component of the evaluation. (ii) A report on the impact study component of the evaluation. (iii) A report on the implementation study component of the evaluation. (iv) A report that includes—(I) analyses of the extent to which the program has resulted in increased reunifications, increased permanency, case closures, net savings to the State or States involved (taking into account both costs borne by States and the Federal government), or other outcomes, or if the program did not produce such outcomes, an analysis of why the replication of the program did not yield such results; (II) if, based on such analyses, the Secretary determines the program should be replicated, a replication plan; and (III) such recommendations for legislation and administrative action as the Secretary determines appropriate. (5) AppropriationIn addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for fiscal year 2019 to carry out the project, which shall remain available through fiscal year 2026. (f) Prevention services evaluation partnerships(1) PurposeThe purpose of this subsection is to authorize the Secretary to make competitive grants to support the timely evaluation of—(A) services and programs described in section 671(e) of this title; or (B) kinship navigator programs described in section 674(a)(7) of this title. (2) GrantsIn accordance with applications approved under this subsection, the Secretary may make grants, on a competitive basis, to eligible entities to carry out projects designed to evaluate a service or program provided by the eligible entity, or an entity in partnership with the eligible entity, with respect to the requirements for a promising practice, supported practice, or well-supported practice described in section 671(e)(4)(C) of this title. (3) Applications(A) In generalAn eligible entity may apply to the Secretary for a grant under this subsection to carry out a project that meets the following requirements:(i) The project is designed in accordance with paragraph (2). (ii) The project is to be carried out by the applicant in partnership with—(I) a State agency that administers, or supervises the administration of, the State plan approved under part E, or an agency administering the plan under the supervision of the State agency; and (II) if the applicant is unable or unwilling to do so, at least 1 external evaluator to carry out the evaluation of the service or program provided by the applicant. (B) ContentsThe application shall contain the following:(i) A description of the project, including—(I) a statement explaining why a grant is necessary to carry out the project; and (II) the amount of grant funds that would be disbursed to each entity described in subparagraph (A)(ii) in partnership with the applicant. (ii) A certification from each entity described in subparagraph (A)(ii) that provides assurances that the individual or entity is in partnership with the applicant and will fulfill the responsibilities of the entity specified in the description provided pursuant to clause (i) of this subparagraph. (iii) A certification from the applicant that provides assurances that the applicant intends to comply with subparagraph (A)(ii)(II), if applicable. (iv) At the option of the eligible entity, a certification from the applicant that the applicant requires an external evaluator secured by the Secretary pursuant to paragraph (5), if applicable. (4) PrioritiesIn approving applications under this subsection, the Secretary shall prioritize the following:(A) Addressing, with respect to the clearinghouse of practices described in section 676(d)(2) of this title, deficiencies or gaps identified by the Secretary in consultation with—(i) States, political subdivisions of a State, and tribal communities carrying out, or receiving the benefits of, a service or program; and (ii) child welfare experts, including individuals with lived experience. (B) Maximizing the number of evidence-based services or programs to be included in the clearinghouse of practices described in section 676(d)(2) of this title. (C) Timely completion of evaluations and the production of evidence. (D) Supporting services or programs that are based on, or are adaptations to new population settings of, a service or program with reliable evidence about the benefits and risks of the service or program. (5) Availability of external evaluators(A) In generalBefore accepting applications under this subsection, the Secretary shall make reasonable efforts to identify at least 1 entity to serve as an external evaluator for any eligible entity that includes a certification under paragraph (3)(B)(iv) with an application under this subsection. (B) No effect on consideration of applicationThe Secretary may not consider whether an eligible entity is in partnership with an external evaluator described in paragraph (A) in approving an application under this subsection submitted by the eligible entity. (6) Reports(A) By grant recipientsWithin 1 year after receiving a grant under this subsection, and every year thereafter for the next 5 years, the grant recipient shall submit to the Secretary a written report on—(i) the use of grant funds; (ii) whether the program or service evaluated by the project meets a requirement specified in section 671(e)(4)(C) of this title, including information about—(I) how the program or service is being carried out in accordance with standards specified in the requirement; (II) any outcomes of the program or service; and (III) any outcome with respect to which the service or program compares favorably to a comparison practice; and (iii) whether the Secretary has included the program or service in an update to the clearinghouse of practices described in section 676(d)(2) of this title. (B) By the SecretaryThe Secretary shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual written report on—(i) the grants awarded under this subsection; (ii) the programs funded by the grants; (iii) any technical assistance provided by the Secretary in carrying out this subsection, including with respect to the efforts to secure external evaluators pursuant to paragraph (5); and (iv) any efforts by the Secretary to support program evaluation and review pursuant to section 671(e) of this title and inclusion of programs in the pre-approved list of services and programs described in section 671(e)(4)(D) of this title or the clearinghouse of practices described in section 676(d)(2) of this title. (7) Funding(A) LimitationsOf the amounts available to carry out this subsection, the Secretary may use not more than 5 percent to provide technical assistance. (B) CarryoverAmounts made available to carry out this subsection shall remain available until expended. (8) DefinitionsIn this subsection:(A) Eligible entityThe term “eligible entity” means any of the following providing a service or program or, in the sole determination of the Secretary, able to provide a service or program if awarded a grant under this subsection:(i) A State, a political subdivision of a State, or an agency or department of a State or political subdivision of a State. (ii) An entity described in subparagraph (A) or (B) of section 626(a)(1) of this title. (iii) An Indian tribe or tribal organization. (B) External evaluatorThe term “external evaluator” means an entity with the ability and willingness to evaluate a service or program pursuant to paragraph (2) that is not provided by the entity. (C) Service or programThe term “service or program”—(i) means a service or program described in section 671(e) of this title; and (ii) includes a kinship navigator program described in section 674(a)(7) of this title.

42 U.S.C. § 629f Authorization of appropriations; reservation of certain amounts

(a) AuthorizationIn addition to any amount otherwise made available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 for fiscal year 2025 and $420,000,000 for each of fiscal years 2026 through 2029. (b) Reservation of certain amountsFrom the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:(1) State court improvementsThe Secretary shall reserve $30,000,000 for fiscal year 2025 and $40,000,000 for fiscal year 2026 and each succeeding fiscal year for grants under section 629h of this title. (2) Indian tribes or tribal consortiaThe Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with section 629c(a) of this title. (3) Support for monthly caseworker visits(A) ReservationThe Secretary shall reserve for allotment in accordance with section 629c(e) of this title $20,000,000 for fiscal year 2025 and $26,000,000 for fiscal year 2026 and each succeeding fiscal year. (B) Use of funds(i) In generalA State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to improve the quality of monthly caseworker visits with children who are in foster care under the responsibility of the State, with an emphasis on—(I) reducing caseload ratios and the administrative burden on caseworkers, to improve caseworker decision making on the safety, permanency, and well-being of foster children and on activities designed to increase retention, recruitment, and training of caseworkers; (II) implementing technology solutions to streamline caseworker duties and modernize systems, ensuring improved efficiency and effectiveness in child welfare services; (III) improving caseworker safety; (IV) mental health resources to support caseworker well-being, including peer-to-peer support programs; and (V) recruitment campaigns aimed at attracting qualified caseworker candidates. (ii) NonsupplantationA State to which an amount is paid from amounts reserved pursuant to subparagraph (A) shall not use the amount to supplant any Federal funds paid to the State under part E that could be used as described in clause (i). (4) Regional partnership grantsThe Secretary shall reserve for awarding grants under section 629g(f) of this title $20,000,000 for fiscal year 2025 and $30,000,000 for fiscal year 2026 and each succeeding fiscal year. (c) Support for foster family homesOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2018, $8,000,000 for the Secretary to make competitive grants to States, Indian tribes, or tribal consortia to support the recruitment and retention of high-quality foster families to increase their capacity to place more children in family settings, focused on States, Indian tribes, or tribal consortia with the highest percentage of children in non-family settings. The amount appropriated under this subparagraph shall remain available through fiscal year 2022.

42 U.S.C. § 629g Discretionary and targeted grants

(a) Limitations on authorization of appropriationsIn addition to any amount appropriated pursuant to section 629f of this title, there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2025 through 2029. (b) Reservation of certain amountsFrom the amount (if any) appropriated pursuant to subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:(1) Evaluation, research, training, and technical assistanceThe Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section 629e of this title. (2) State court improvementsThe Secretary shall reserve 3.3 percent for grants under section 629h of this title. (3) Indian tribes or tribal consortiaThe Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with subsection (c)(1). (4) Improving the interstate placement of childrenThe Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2018 for grants under subsection (g), and the amount so reserved shall remain available through fiscal year 2022. (5) Preventive services evaluation partnershipsThe Secretary shall reserve $5,000,000 for grants under section 629e(f) of this title for each of fiscal years 2026 through 2029. (6) Kinship navigatorsThe Secretary shall reserve $10,000,000 for grants under section 627 of this title for each of fiscal years 2026 through 2029. (c) Allotments(1) Indian tribes or tribal consortiaFrom the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium. (2) TerritoriesFrom the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subection 11 So in original. Probably should be “subsection”. (b) for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title. (3) Other StatesFrom the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in section 629c(c)(2) of this title) of the State for the fiscal year. (d) GrantsThe Secretary may make a grant to a State which has a plan approved under this subpart in an amount equal to the lesser of—(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or (2) the allotment of the State under subsection (c) for the fiscal year. (e) Applicability of certain rulesThe rules of subsections (b) and (c) of section 629d of this title shall apply in like manner to the amounts made available pursuant to subsection (a). (f) Targeted grants to implement IV–E prevention services, and improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids, and other substance abuse(1) PurposeThe purpose of this subsection is to authorize the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that are designed to increase the well-being of, improve permanency outcomes for, and enhance the safety of children who are in an out-of-home placement or are at risk of being placed in an out-of-home placement as a result of a parent’s or caretaker’s substance abuse, and expand the scope of the evidence-based services that may be approved by the clearinghouse established under section 676(d) of this title. (2) Regional partnership definedIn this subsection, the term “regional partnership” means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following:(A) Mandatory partners for all partnership grants(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. (ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act [42 U.S.C. 300x–21 et seq.]. (iii) The most appropriate administrative office of the juvenile court or State court overseeing court proceedings involving families who come to the attention of the court due to child abuse or neglect. (B) Optional partnersAt the option of the partnership, any of the following:(i) An Indian tribe or tribal consortium. (ii) Nonprofit child welfare service providers. (iii) For-profit child welfare service providers. (iv) Community health service providers, including substance abuse treatment providers. (v) Community mental health providers. (vi) Local law enforcement agencies. (vii) School personnel. (viii) Tribal child welfare agencies (or a consortia of the agencies). (ix) State or local agencies that administer Federal health care, housing, family support, or other related programs. (x) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart. (C) Exception for regional partnerships where the lead applicant is an Indian tribe or tribal consortiaIf an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium—(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; and (ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies). (3) Authority to award grants(A) In generalThe Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2025 through 2029 under section 629f(b)(4) of this title, to regional partnerships that satisfy the requirements of this subsection, in amounts that are not less than $250,000 and not more than $1,000,000 per grant per fiscal year. (B) Required minimum period of approval; planning(i) In generalA grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clauses (ii) and (iii). (ii) Extension of grantOn application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection. (iii) Sufficient planning(I) In generalA grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed the total anticipated funding for the implementation phase. (II) ExceptionThe Secretary, on a case-by-case basis, may waive the planning phase for a partnership that demonstrates that the partnership has engaged in sufficient planning before submitting an application for a grant under this subsection. (C) Multiple grants allowedThis subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection. (D) Limitation on payment for a fiscal yearNo payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership. (4) Application requirementsTo be eligible for a grant under this subsection, a regional partnership shall submit to the Secretary a written application containing the following:(A) Recent evidence demonstrating that substance abuse has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region. (B) A description of the goals and outcomes to be achieved during the funding period for the grant that will—(i) enhance the well-being of children, parents, and families receiving services or taking part in activities conducted with funds provided under the grant; (ii) lead to safe, permanent caregiving relationships for the children; (iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; (iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 671(e) of this title; and (v) decrease the number of out-of-home placements for children, increase reunification rates for children who have been placed in out-of-home care, or decrease the number of children who are at risk of being placed in an out-of-home placement, in the partnership region. (C) A description of the joint activities to be funded in whole or in part with the funds provided under the grant, including the sequencing of the activities proposed to be conducted under the funding period for the grant. (D) A description of the strategies for integrating programs and services determined to be appropriate for the child and the child’s family. (E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 671(e) of this title and other funds provided to the State for child welfare and substance abuse prevention and treatment services. (F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective. (5) Use of fundsFunds made available under a grant made under this subsection shall only be used for services or activities that are consistent with the purpose of this subsection and may include the following:(A) Family-based comprehensive long-term substance use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery services. (B) Early intervention and preventative services. (C) Children and family counseling. (D) Mental health services. (E) Parenting skills training. (F) Replication of successful models for providing family-based comprehensive long-term substance abuse treatment services. (6) Matching requirement(A) Federal shareA grant awarded under this subsection shall be available to pay a percentage share of the costs of services provided or activities conducted under such grant, not to exceed—(i) 85 percent for the first and second fiscal years for which the grant is awarded to a recipient; (ii) 80 percent for the third and fourth such fiscal years; (iii) 75 percent for the fifth such fiscal year; (iv) 70 percent for the sixth such fiscal year; and (v) 65 percent for the seventh such fiscal year. (B) Non-Federal shareThe non-Federal share of the cost of services provided or activities conducted under a grant awarded under this subsection may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources. (7) Considerations in awarding grantsIn awarding grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships—(A) demonstrate that substance abuse by parents or caretakers has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region; (B) have limited resources for addressing the needs of children affected by such abuse; (C) have a lack of capacity for, or access to, comprehensive family treatment services; (D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; (E) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period; (F) have submitted information pursuant to paragraph (4)(F) that demonstrates the capability to participate in rigorous evaluation of program effectiveness; and (G) are a State or public agency, or outline a plan to increase the availability of services funded under the grant statewide. (8) Performance indicators(A) In generalNot later than 9 months after September 28, 2006, the Secretary shall review indicators that are used to assess periodically the performance of the grant recipients under the Protecting America’s Children by Strengthening Families Act and establish a set of core indicators related to child safety, child permanency, reunification, re-entry into care, parental recovery, parenting capacity, and family well-being, and access to services for families with substance use disorder, including those with children who are overrepresented in foster care, difficult to place, or have disproportionately low permanency rates. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 671(e)(6) of this title. (B) Consultation requiredIn establishing the performance indicators required by subparagraph (A), the Secretary shall base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and consult with the following:(i) The Assistant Secretary for the Administration for Children and Families. (ii) The Administrator of the Substance Abuse and Mental Health Services Administration. (iii) The Administrator of the National Institute on Drug Abuse. (iv) Other stakeholders or constituencies as determined by the Secretary. (9) Reports(A) Grantee reports(i) Semiannual reportsNot later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership. (ii) Incorporation of information related to performance indicatorsEach recipient of a grant under this subsection shall incorporate into the first annual report required by clause (i) that is submitted after the establishment of performance indicators under paragraph (8), information required in relation to such indicators. (B) Reports to CongressOn the basis of the reports submitted under subparagraph (A), the Secretary annually shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on—(i) the services provided and activities conducted with funds provided under grants awarded under this subsection; (ii) the performance indicators established under paragraph (8); (iii) the progress that has been made in addressing the needs of families with substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability; and (iv) whether any programs funded by the grants were submitted to the clearinghouse established under section 676(d) of this title for review and the results of any such review. (10) Limitation on use of funds for administrative expenses of the SecretaryNot more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection. (g) Funding for the development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care or guardianship, or for adoption(1) PurposeThe purpose of this subsection is to facilitate the development of an electronic interstate case-processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines. (2) RequirementsA State that seeks funding under this subsection shall submit to the Secretary the following:(A) A description of the goals and outcomes to be achieved, which goals and outcomes must result in—(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines; (ii) improving administrative processes and reducing costs in the foster care system; and (iii) the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children. (B) A description of the activities to be funded in whole or in part with the funds, including the sequencing of the activities. (C) A description of the strategies for integrating programs and services for children who are placed across State lines. (D) Such other information as the Secretary may require. (3) Funding authorityThe Secretary may provide funds to a State that complies with paragraph (2). In providing funds under this subsection, the Secretary shall prioritize States that are not yet connected with the electronic interstate case-processing system referred to in paragraph (1). (4) Use of fundsA State to which funding is provided under this subsection shall use the funding to support the State in connecting with, or enhancing or expediting services provided under, the electronic interstate case-processing system referred to in paragraph (1). (5) EvaluationsNot later than 1 year after the final year in which funds are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information:(A) How using the electronic interstate case-processing system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines. (B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate case-processing system, and the number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year. (C) The progress made by States in implementing the electronic interstate case-processing system. (D) How using the electronic interstate case-processing system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines. (E) How using the electronic interstate case-processing system has affected administrative costs and caseworker time spent on placing children across State lines. (6) Data integrationThe Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by—(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems); (B) simplifying and improving reporting related to paragraphs (34) and (35) of section 671(a) of this title regarding children or youth who have been identified as being a sex trafficking victim 22 So in original. Probably should be “being sex trafficking victims”. or children missing from foster care; and (C) improving the ability of States to quickly comply with background check requirements of section 671(a)(20) of this title, including checks of child abuse and neglect registries as required by section 671(a)(20)(B) of this title.

42 U.S.C. § 629h Entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption

(a) In generalThe Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E of this subchapter, 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 this part and part E of this subchapter; (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; 11 So in original. Probably should be followed by “and”. (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; and 22 So in original. The word “and” probably should not appear. (F) that determine the appropriateness and best practices for use of technology to conduct remote hearings, subject to participant consent, including to ensure maximum participation of individuals involved in proceedings and to enable courts to maintain operations in times of public health or other emergencies; (2) to implement improvements the highest state 33 So in original. Probably should be capitalized. courts deem necessary as a result of the assessments, including—(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 1320a–2a of this title; 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 and supporting optimal use of remote hearing technology; and (3) to ensure continuity of needed court services, prevent disruption of the services, and enable their recovery from threats such as public health crises, natural disasters or cyberattacks, including through—(A) support for technology that allows court proceedings to occur remotely subject to participant consent, including hearings and legal representation; (B) the development of guidance and protocols for responding to the occurrences and coordinating with other agencies; and (C) other activities carried out to ensure backup systems are in place. (b) ApplicationsIn 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 629d of this title, or the State plan approved under part E; and (3) 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 this part or part E, and, where applicable, Indian tribes. (c) Amount of grant(1) In generalFrom the amounts reserved under sections 629f(b)(1) and 629g(b)(2) of this title 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 describedThe 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 629f(b)(1) and 629g(b)(2) of this title 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 tribesFrom the amounts reserved under section 629f(b)(1) of this title for a fiscal year, the Secretary shall, before applying paragraph (1) of this subsection, allocate $1,000,000 for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029, 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 679c of this title; (B) are seeking to operate a program under part E and have received an implementation grant under section 676 of this title; or (C) have a court responsible for proceedings related to foster care or adoption. (d) Federal shareEach 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 2025 through 2029. (e) Guidance(1) In generalEvery 5 years, the Secretary shall issue implementation guidance for sharing information on best practices for—(A) technological changes needed for court proceedings for foster care, guardianship, or adoption to be conducted remotely in a way that maximizes engagement and protects the privacy of participants; and (B) the manner in which the proceedings should be conducted. (2) Initial issuanceThe Secretary shall issue initial guidance required by paragraph (1) with preliminary information on best practices not later than October 1, 2025. (3) Additional consultationThe Secretary shall consult with Indian tribes on the development of appropriate guidelines for State court proceedings involving Indian children to maximize engagement of Indian tribes and provide appropriate guidelines on conducting State court proceedings subject to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

42 U.S.C. § 629i State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children

(a) Authority(1) In generalThe Secretary may make demonstration grants to eligible State partnerships to develop, implement, and provide support for programs that enable and sustain meaningful relationships between covered foster children and the incarcerated parents of the children. (2) Payment of annual installmentsThe Secretary shall pay each demonstration grant in 5 annual installments. (3) 1-year planning grantsThe Secretary may make a planning grant to a recipient of a demonstration grant, to be paid to the recipient 1 year before payment of the 1st annual installment of the demonstration grant and in an amount not greater than any installment of the demonstration grant, if—(A) the recipient includes a request for a planning grant in the application under subsection (c); and (B) the Secretary determines that a planning grant would assist the recipient and improve the effectiveness of the demonstration grant. (b) Eligible State partnership defined(1) In generalIn this section, the term “eligible State partnership” means an agreement entered into by, at a minimum, the following:(A) The State child welfare agency responsible for the administration of the State plans under this part. (B) The State agency responsible for adult corrections. (2) Additional partnersFor purposes of this section, an eligible State partnership may include any entity with experience in serving incarcerated parents and their children. (3) Partnerships entered into by Indian tribes or tribal consortiaNotwithstanding paragraph (1), if an Indian tribe or tribal consortium enters into a partnership pursuant to this section that does not consist solely of tribal child welfare agencies (or a consortium of the agencies), the partnership shall be considered an eligible State partnership for purposes of this section. (c) Application requirementsAn eligible State partnership seeking a demonstration grant under this section to carry out a program described in subsection (a)(1) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include the following:(1) A summary of the program, including how the program will support a meaningful relationship between a covered foster child and an incarcerated parent of the child. (2) A description of the activities to be carried out by the program, which must include all of the activities described in subsection (d) that are in the best interest of the covered foster child. (3) A framework for identifying—(A) each covered foster child eligible for services under the program, including, to the extent practicable, coordination of data between relevant State child welfare agencies and court systems; and (B) the roles and responsibilities of the entities in the partnership. (4) Documentation that the applicant is an eligible State partnership. (5) Assurances that the applicant will participate fully in the evaluation described in subsection (f)(2) and shall maintain records for the program, including demographic information disaggregated by relevant characteristics with respect to covered foster children and incarcerated parents who participate in the program. (d) Program activitiesTo the extent that the activities are in the best interest of the covered foster child, the activities referred to in subsection (c)(2) shall include the following:(1) Revision of policiesThrough consultation with incarcerated parents and their families, grantees shall promote organizational policies of participating child welfare entities and collaborating correctional facilities to promote meaningful relationships through regular and developmentally appropriate communication and visitation between covered foster children and the incarcerated parents, including, when appropriate, the following:(A) For child welfare entities—(i) inclusion of parents in case planning and decision making for children; (ii) regular sharing of information and responses to requests for information between caseworkers and incarcerated parents with respect to the case information of a child, any changes to a case, permanency plans, requirements to maintain parental rights, and any efforts to terminate parental rights; (iii) appropriate opportunities for incarcerated parents to demonstrate their relationship with a covered foster child given their incarceration, including training and courses required for a service plan; and (iv) the enhanced visitation described in paragraph (2). (B) For correctional facilities, fostering visitation and communication that is developmentally appropriate in terms of—(i) the nature of communication and visitation, including—(I) the ability to physically touch parents; (II) engaging with parents in locations that are appropriate for the age and development of the child; (III) exchanging items that are appropriate to the age and development of the child, include expectations that are appropriate for the age and development of the child related to behavior, attire, and wait times; and (IV) allowing appropriate adults to bring children if legal guardians are not available to promote regular contact; (ii) reasonable inclusion of all children of the parent; (iii) communication and visitation at times when the children are available; (iv) security procedures to comfort children and be minimally invasive; and (v) promoting parent-child relationships regardless of the sentence imposed on the parent. (2) Enhanced visitation(A) Grantees shall facilitate weekly communication and, for at least 9 days each year, in-person visitation between a covered foster child and any incarcerated parent of the child. (B) Electronic visitation (such as live video visits, phone calls, and recorded books) may be used but shall not be the sole method to promote a meaningful relationship for purposes of the grant. (C) Enhanced visitation programs shall—(i) integrate best practices for visitation programs with incarcerated parents and their children; (ii) adopt developmentally appropriate visitation policies and procedures such as those described in paragraph (1)(B); (iii) reduce or eliminate the cost of developmentally appropriate communication and visitation for the covered foster child, which may include the purchase of communication technology, covering transportation, insurance, and lodging costs, costs related to providing appropriate visitation spaces and activities, and other relevant costs; (iv) to the extent practicable, integrate appropriate parenting education to help prepare and process visits; and (v) avoid restricting visitation and communication as a punishment for the incarcerated parents. (3) TrainingGrantees shall incorporate ongoing training for child welfare workers, correctional facility staff, and other program providers to understand the importance of promoting meaningful relationships between children and incarcerated parents. (4) Case managementGrantees shall provide case management services for the incarcerated parents of a covered foster child to promote the relationship, access to services, and coordination with the caseworkers of the covered foster child to strengthen the relationship. (5) Legal assistanceGrantees shall facilitate access to necessary legal services and may use grant funds for services that are not reimbursable under other Federal programs. (e) Federal shareThe Federal share of the cost of any activity carried out using a grant made under this section shall be not greater than 75 percent. (f) Technical assistance, evaluations, and reports(1) Technical assistanceThe Secretary shall provide technical assistance with respect to grants under this section, including by—(A) assisting grantees in understanding best practices in promoting meaningful relationships between incarcerated parents and their children as well as consulting with appropriate stakeholders when developing their programs; (B) assisting grantees with establishing and analyzing implementation and performance indicators; and (C) conducting an annual technical assistance and training meeting and an annual grantee meeting so that grantees can learn from the experiences of other grantees. (2) EvaluationsThe Secretary shall conduct an evaluation of program outcomes, including with respect to parent and child well-being, parent-child interactions, parental involvement, awareness of child development and parenting practices, placement stability, and termination of parental rights with respect to covered foster children and incarcerated parents, to measure program effectiveness, as determined by the Secretary, and identify opportunities for improved program practices and implementation. (3) Reports to the Congress(A) Initial reportNot later than 3 years after January 4, 2025, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes—(i) the number of applications for grants under this section; (ii) the number of grants awarded, and the amounts for each grant; and (iii) information on the grants, including—(I) interim results of the evaluation described in paragraph (2); (II) disaggregated data on covered foster children and incarcerated parents; (III) information on the composition of eligible State partnerships; (IV) best practices for facilitating meaningful relationships between covered foster children and incarcerated parents; and (V) barriers to implementation or expansion of programs funded under this section. (B) Final reportNot later than 6 years after January 4, 2025, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes—(i) the final results of the evaluation described in paragraph (2); and (ii) recommendations for refinements to grant requirements to improve program outcomes. (g) Authority of Secretary with respect to Indian tribes and tribal organizations(1) Waiver or modification of requirementsIn making a grant to an Indian tribe or tribal organization under this section, the Secretary may waive the matching requirement of subsection (e) or modify an application requirement imposed by or under subsection (c) if the Secretary determines that the waiver or modification is appropriate to the needs, culture, and circumstances of the Indian tribe or tribal organization. (2) EvaluationThe Secretary shall use tribally relevant data in carrying out the evaluation under subsection (f)(2) with respect to an Indian tribe or tribal organization. (h) Limitations on authorization of appropriationsThere is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section. (i) Definition of covered foster childIn this section, the term “covered foster child” means a child that—(1) is in foster care; and (2) has at least 1 parent incarcerated in a Federal, State, or local correctional facility.

42 U.S.C. § 629k Reduction of administrative burden

(a) In generalThe Secretary shall reduce the burden of administering this part imposed on the recipients of funds under this part, by—(1) reviewing and revising administrative data collection instruments and forms to eliminate duplication and streamline reporting requirements for the recipients while collecting all data required under this part; (2) in coordination with activities required under the Paperwork Reduction Act, conducting an analysis of the total number of hours reported by the recipients to comply with paperwork requirements and exploring, in consultation with the recipients, how to reduce the number of hours required for the compliance by at least 15 percent; (3) collecting input from the recipients with respect to fiscal and oversight requirements and making changes to ensure consistency with standards and guidelines for other Federal formula grant programs based on the input; and (4) respecting the sovereignty of Indian tribes when complying with this subsection. (b) Limitation on applicabilitySubsection (a) of this section shall not apply to any reporting or data collection otherwise required by law that would affect the ability of the Secretary to monitor and ensure compliance with State plans approved under this part or ensure that funds are expended consistent with this part.

42 U.S.C. § 629l Public access to State plans

The Secretary shall— (1) create a standardized format for State plans required under sections 622 and 629b of this title used to monitor compliance with those sections; (2) produce comparisons and analyses of trends in State plans to inform future technical assistance and policy development; (3) make the State plans available on a public website; and (4) include on the website aggregated national summaries of State submissions as the Secretary deems appropriate.