subpart 1—stephanie tubbs jones child welfare services program
Editorial Notes
Codification
§620. Repealed. Pub. L. 109–288, §6(a), Sept. 28, 2006, 120 Stat. 1244
Section, act Aug. 14, 1935, ch. 531, title IV, §420, as added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, see section 12(a) of
§621. Purpose
The purpose of this subpart is to promote State flexibility in the development and expansion of a coordinated child and family services program that utilizes community-based agencies and ensures all children are raised in safe, loving families, by—
(1) protecting and promoting the welfare of all children;
(2) preventing the neglect, abuse, or exploitation of children;
(3) supporting at-risk families through services which allow children, where appropriate, to remain safely with their families or return to their families in a timely manner;
(4) promoting the safety, permanence, and well-being of children in foster care and adoptive families; and
(5) providing training, professional development and support to ensure a well-qualified child welfare workforce.
(Aug. 14, 1935, ch. 531, title IV, §421, as added
Editorial Notes
Prior Provisions
A prior section 621, act Aug. 14, 1935, ch. 531, title IV, §421, as added
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
"(a)
"(b)
"(c)
Effective Date
Findings
"(1) For Federal fiscal year 2004, child protective services (CPS) staff nationwide reported investigating or assessing an estimated 3,000,000 allegations of child maltreatment, and determined that 872,000 children had been abused or neglected by their parents or other caregivers.
"(2) Combined, the Child Welfare Services (CWS) and Promoting Safe and Stable Families (PSSF) programs provide States about $700,000,000 per year, the largest source of targeted Federal funding in the child protection system for services to ensure that children are not abused or neglected and, whenever possible, help children remain safely with their families.
"(3) A 2003 report by the Government Accountability Office (GAO) reported that little research is available on the effectiveness of activities supported by CWS funds—evaluations of services supported by PSSF funds have generally shown little or no effect.
"(4) Further, the Department of Health and Human Services recently completed initial Child and Family Service Reviews (CFSRs) in each State. No State was in full compliance with all measures of the CFSRs. The CFSRs also revealed that States need to work to prevent repeat abuse and neglect of children, improve services provided to families to reduce the risk of future harm (including by better monitoring the participation of families in services), and strengthen upfront services provided to families to prevent unnecessary family break-up and protect children who remain at home.
"(5) Federal policy should encourage States to invest their CWS and PSSF funds in services that promote and protect the welfare of children, support strong, healthy families, and reduce the reliance on out-of-home care, which will help ensure all children are raised in safe, loving families.
"(6) CFSRs also found a strong correlation between frequent caseworker visits with children and positive outcomes for these children, such as timely achievement of permanency and other indicators of child well-being.
"(7) However, a December 2005 report by the Department of Health and Human Services Office of Inspector General found that only 20 States were able to produce reports to show whether caseworkers actually visited children in foster care on at least a monthly basis, despite the fact that nearly all States had written standards suggesting monthly visits were State policy.
"(8) A 2003 GAO report found that the average tenure for a child welfare caseworker is less than 2 years and this level of turnover negatively affects safety and permanency for children.
"(9) Targeting CWS and PSSF funds to ensure children in foster care are visited on at least a monthly basis will promote better outcomes for vulnerable children, including by preventing further abuse and neglect.
"(10) According to the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration, the annual number of new uses of Methamphetamine, also known as 'meth,' has increased 72 percent over the past decade. According to a study conducted by the National Association of Counties which surveyed 500 county law enforcement agencies in 45 states, 88 percent of the agencies surveyed reported increases in meth related arrests starting 5 years ago.
"(11) According to the 2004 National Survey on Drug Use and Health, nearly 12,000,000 Americans have tried methamphetamine. Meth making operations have been uncovered in all 50 states, but the most wide-spread abuse has been concentrated in the western, southwestern, and Midwestern United States.
"(12) Methamphetamine abuse is on the increase, particularly among women of child-bearing age. This is having an impact on child welfare systems in many States. According to a survey administered by the National Association of Counties ('The Impact of Meth on Children'), conducted in 300 counties in 13 states, meth is a major cause of child abuse and neglect. Forty percent of all the child welfare officials in the survey reported an increase in out-of-home placements because of meth in 2005.
"(13) It is appropriate also to target PSSF funds to address this issue because of the unique strain the meth epidemic puts on child welfare agencies. Outcomes for children affected by meth are enhanced when services provided by law enforcement, child welfare and substance abuse agencies are integrated."
§622. State plans for child welfare services
(a) Joint development
In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b).
(b) Requisite features of State plans
Each plan for child welfare services under this subpart shall—
(1) provide that (A) the individual or agency that administers or supervises the administration of the State's services program under division A 1 of subchapter XX will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services;
(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 1 of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 2 under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families;
(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;
(4) contain a description of—
(A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes; and
(B) the child welfare services staff development and training plans of the State;
(5) provide, in the development of services for children, for utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State;
(6) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require;
(7) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed;
(8) provide assurances that the State—
(A) is operating, to the satisfaction of the Secretary—
(i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care;
(ii) a case review system (as defined in
(iii) a service program 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 appropriate for a child, in some other planned, permanent living arrangement, subject to the requirements of
(iv) a preplacement preventive services program designed to help children at risk of foster care placement remain safely with their families; and
(B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;
(9) contain a description, developed after consultation with tribal organizations (as defined in
(10) contain assurances that the State shall make effective use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal barriers, to facilitate timely adoptive or permanent placements for waiting children;
(11) contain a description of the activities that the State has undertaken for children adopted from other countries, including the provision of adoption and post-adoption services;
(12) provide that the State shall collect and report information on children who are adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for the disruption or dissolution;
(13) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under this subpart, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under
(14) not later than October 1, 2007, include assurances that not more than 10 percent of the expenditures of the State with respect to activities funded from amounts provided under this subpart will be for administrative costs;
(15)(A) provides 3 that the State will develop, in coordination and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering the State plan approved under subchapter XIX, and in consultation with pediatricians, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement, which shall ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs, and shall include an outline of—
(i) a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice;
(ii) how health needs identified through screenings will be monitored and treated, including emotional trauma associated with a child's maltreatment and removal from home;
(iii) how medical information for children in care will be updated and appropriately shared, which may include the development and implementation of an electronic health record;
(iv) steps to ensure continuity of health care services, which may include the establishment of a medical home for every child in care;
(v) the oversight of prescription medicines, including protocols for the appropriate use and monitoring of psychotropic medications;
(vi) how the State actively consults with and involves physicians or other appropriate medical or non-medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children;
(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and
(viii) steps to ensure that the components of the transition plan development process required under
(B) subparagraph (A) shall not be construed to reduce or limit the responsibility of the State agency responsible for administering the State plan approved under subchapter XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart;
(16) provide that, not later than 1 year after September 28, 2006, the State shall have in place procedures providing for how the State programs assisted under this subpart, subpart 2 of this part, or part E would respond to a disaster, in accordance with criteria established by the Secretary which should include how a State would—
(A) identify, locate, and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster;
(B) respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases;
(C) remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster;
(D) preserve essential program records; and
(E) coordinate services and share information with other States;
(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children;
(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of all vulnerable children under 5 years of age who receive benefits or services under this part or part E; and
(19) document steps taken to track and prevent child maltreatment deaths by including—
(A) a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the State including entities such as State vital statistics department, child death review teams, law enforcement agencies, offices of medical examiners, or coroners; and
(B) a description of the steps the State is taking to develop and implement a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including those in public health, law enforcement, and the courts.
(c) Definitions
In this subpart:
(1) Administrative costs
The term "administrative costs" means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart).
(2) Other terms
For definitions of other terms used in this part, see
(Aug. 14, 1935, ch. 531, title IV, §422, as added and amended
Editorial Notes
References in Text
Division A of subchapter XX, referred to in subsec. (b)(1), (2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.
Section 103(d) of the Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (b)(1), is section 103(d) of
The Indian Child Welfare Act, referred to in subsec. (b)(9), probably means the Indian Child Welfare Act of 1978,
Amendments
2018—Subsec. (b)(15)(A)(vii), (viii).
Subsec. (b)(18).
Subsec. (b)(19).
2014—Subsec. (b)(8)(A)(ii).
Subsec. (b)(8)(A)(iii)(II).
2011—Subsec. (b)(15)(A)(ii).
Subsec. (b)(15)(A)(v).
Subsec. (b)(18).
Subsec. (b)(19).
2010—Subsec. (b)(1), (2).
Subsec. (b)(15)(A)(vii).
2008—Subsec. (b)(15).
"(A) assessing the health and well-being of children in foster care under the responsibility of the State; and
"(B) determining appropriate medical treatment for the children;".
2006—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
"(A) covering additional political subdivisions,
"(B) reaching additional children in need of services, and
"(C) expanding and strengthening the range of existing services and developing new types of services,
along with a description of the State's child welfare services staff development and training plans;".
Subsec. (b)(7).
Subsec. (b)(8), (9).
Subsec. (b)(10).
Subsec. (b)(10)(A).
"(i) the appropriateness of, and necessity for, the foster care placement;
"(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and
"(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship;".
Subsec. (b)(10)(B).
Subsec. (b)(10)(B)(iii)(II).
Subsec. (b)(10)(C).
"(i) has reviewed (or within 12 months after October 31, 1994, will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and
"(ii) is implementing (or within 24 months after October 31, 1994, will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children;".
Subsec. (b)(11).
Subsec. (b)(12).
Subsec. (b)(13).
Subsec. (b)(14).
Subsec. (b)(15).
Subsec. (b)(16).
Subsec. (b)(17).
Subsec. (c).
2000—Subsec. (b)(13), (14).
1998—Subsec. (b)(2).
1997—Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(10)(B).
Subsec. (b)(11).
Subsec. (b)(12).
1996—Subsec. (b)(2).
1994—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
1993—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
1989—Subsec. (b)(1)(A).
1980—
1975—Subsec. (a)(1)(A)(i).
Subsec. (a)(i)(A)(ii).
Subsec. (c).
1968—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) notwithstanding section 50734 [set out as a note above], the date that the amendments made by section 50711(c) [amending
"(B) in applying section 474(a)(6) of the Social Security Act [
"(c)
"(d)
Effective Date of 2014 Amendment
"(1)
"(2)
Effective Date of 2011 Amendment
"(a)
"(b)
Effective Date of 2010 Amendment
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
"(a)
"(b)
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
"(a)
"(b)
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1993 Amendment
Effective Date of 1989 Amendment
Effective Date of 1975 Amendment
Amendment by section 3 of
Effective Date of 1968 Amendment; Different State Agencies for Administration of State Plans Under Parts A and B
Purpose
Findings and Purpose
"(a)
"(1) nearly 500,000 children are in foster care in the United States;
"(2) tens of thousands of children in foster care are waiting for adoption;
"(3) 2 years and 8 months is the median length of time that children wait to be adopted;
"(4) child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and
"(5) active, creative, and diligent efforts are needed to recruit foster and adoptive parents of every race, ethnicity, and culture in order to facilitate the placement of children in foster and adoptive homes which will best meet each child's needs.
"(b)
"(1) decreasing the length of time that children wait to be adopted;
"(2) preventing discrimination in the placement of children on the basis of race, color, or national origin; and
"(3) facilitating the identification and recruitment of foster and adoptive families that can meet children's needs."
Guam, Puerto Rico, Virgin Islands, and Commonwealth of Northern Mariana Islands
"(1) provide that (A) the State agency designated pursuant to
Administration of State Plan for Child Welfare Services by Non-Designated Agency
Overpayments or Underpayments
1 See References in Text note below.
3 So in original. Probably should be "provide".
§623. Allotments to States
(a) In general
(1) In general
Subject to paragraph (2), the sum appropriated pursuant to
(2) Grants to States to enhance collaboration between State child welfare and juvenile justice systems
For each fiscal year beginning with fiscal year 2023 for which the amount appropriated under
(A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under
(B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph.
(b) Determination of State allotment percentages
The "allotment percentage" for any State shall be 100 percent less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 percent or more than 70 percent, and (2) the allotment percentage shall be 70 percent in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(c) Promulgation of State allotment percentages
The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation.
(d) United States defined
For purposes of this section, the term "United States" means the 50 States and the District of Columbia.
(e) Reallotment of funds
(1) In general
The amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in
(A) need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and
(B) will be able to so use such excess sums during the fiscal year.
(2) Considerations
The Secretary shall make the reallotments on the basis of the State plans so developed, after taking into consideration—
(A) the population under 21 years of age;
(B) the per capita income of each of such other States as compared with the population under 21 years of age; and
(C) the per capita income of all such other States with respect to which such a determination by the Secretary has been made.
(3) Amounts reallotted to a State deemed part of State allotment
Any amount so reallotted to a State is deemed part of the allotment of the State under this section.
(Aug. 14, 1935, ch. 531, title IV, §423, formerly §421, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 623, act Aug. 14, 1935, ch. 531, title IV, §423, as added
Amendments
2023—Subsec. (a).
2011—Subsec. (b).
2006—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1987—Subsec. (b).
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1987 Amendment
§624. Payment to States
(a) Payment schedule
From the sums appropriated therefor and the allotment under this subpart, subject to the conditions set forth in this section, the Secretary shall from time to time pay to each State that has a plan developed in accordance with
(b) Computation and method of payment
The method of computing and making payments under this section shall be as follows:
(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section.
(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section.
(c) Limitation on use of Federal funds for child care, foster care maintenance payments, or adoption assistance payments
The total amount of Federal payments under this subpart for a fiscal year beginning after September 30, 2007, that may be used by a State for expenditures for child care, foster care maintenance payments, or adoption assistance payments shall not exceed the total amount of such payments for fiscal year 2005 that were so used by the State.
(d) Limitation on use by States of non-Federal funds for foster care maintenance payments to match Federal funds
For any fiscal year beginning after September 30, 2007, State expenditures of non-Federal funds for foster care maintenance payments shall not be considered to be expenditures under the State plan developed under this subpart for the fiscal year to the extent that the total of such expenditures for the fiscal year exceeds the total of such expenditures under the State plan developed under this subpart for fiscal year 2005.
(e) Limitation on reimbursement for administrative costs
A payment may not be made to a State under this section with respect to expenditures during a fiscal year for administrative costs, to the extent that the total amount of the expenditures exceeds 10 percent of the total expenditures of the State during the fiscal year for activities funded from amounts provided under this subpart.
(f) Child visitation by caseworkers
(1)(A) Each State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year is not less than 90 percent (or, in the case of fiscal year 2015 or thereafter, 95 percent) of the total number of such visits that would occur during the fiscal year if each such child were so visited once every month while in such care.
(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by—
(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10;
(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or
(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.
(2)(A) Each State shall take such steps as are necessary to ensure that not less than 50 percent of the total number of visits made by caseworkers to children in foster care under the responsibility of the State during a fiscal year occur in the residence of the child involved.
(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by—
(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10;
(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or
(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.
(Aug. 14, 1935, ch. 531, title IV, §424, formerly §423, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 624, act Aug. 14, 1935, ch. 531, title IV, §424, as added
Amendments
2011—Subsecs. (e), (f).
2006—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
1994—Subsec. (a).
1993—Subsec. (a).
1980—
1976—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§625. Limitations on authorization of appropriations
To carry out this subpart (other than
(Aug. 14, 1935, ch. 531, title IV, §425, as added
Editorial Notes
Prior Provisions
A prior section 625, act Aug. 14, 1935, ch. 531, title IV, §425, as added
Amendments
2022—
2018—
2011—
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of
§626. Research, training, or demonstration projects
(a) Authorization of appropriations
There are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine—
(1) for grants by the Secretary—
(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare;
(B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and
(C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships described in section 628a 1 of this title with such stipends and allowances as may be permitted by the Secretary; and
(2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters.
(b) Payments; advances or reimbursements; installments; conditions
Payments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements.
(c) Child welfare traineeships
The Secretary may approve an application for a grant to a public or nonprofit institution for higher learning to provide traineeships with stipends under subsection (a)(1)(C) only if the application—
(1) provides assurances that each individual who receives a stipend with such traineeship (in this section referred to as a "recipient") will enter into an agreement with the institution under which the recipient agrees—
(A) to participate in training at a public or private nonprofit child welfare agency on a regular basis (as determined by the Secretary) for the period of the traineeship;
(B) to be employed for a period of years equivalent to the period of the traineeship, in a public or private nonprofit child welfare agency in any State, within a period of time (determined by the Secretary in accordance with regulations) after completing the postsecondary education for which the traineeship was awarded;
(C) to furnish to the institution and the Secretary evidence of compliance with subparagraphs (A) and (B); and
(D) if the recipient fails to comply with subparagraph (A) or (B) and does not qualify for any exception to this subparagraph which the Secretary may prescribe in regulations, to repay to the Secretary all (or an appropriately prorated part) of the amount of the stipend, plus interest, and, if applicable, reasonable collection fees (in accordance with regulations promulgated by the Secretary);
(2) provides assurances that the institution will—
(A) enter into agreements with child welfare agencies for onsite training of recipients;
(B) permit an individual who is employed in the field of child welfare services to apply for a traineeship with a stipend if the traineeship furthers the progress of the individual toward the completion of degree requirements; and
(C) develop and implement a system that, for the 3-year period that begins on the date any recipient completes a child welfare services program of study, tracks the employment record of the recipient, for the purpose of determining the percentage of recipients who secure employment in the field of child welfare services and remain employed in the field.
(Aug. 14, 1935, ch. 531, title IV, §426, as added
Editorial Notes
References in Text
Codification
Amendments
2006—Subsec. (b).
Subsec. (c).
1994—Subsec. (a)(1)(C).
1987—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1994 Amendment
Appropriations or Grants
1 See References in Text note below.
§627. Family connection grants
(a) In general
The Secretary of Health and Human Services may make matching grants to State, local, or tribal child welfare agencies, private nonprofit organizations that have experience in working with foster children or children in kinship care arrangements, and institutions of higher education (as defined under
(1) a kinship navigator program to assist kinship caregivers in learning about, finding, and using programs and services to meet the needs of the children they are raising and their own needs, and to promote effective partnerships among public and private agencies to ensure kinship caregiver families are served, which program—
(A) shall be coordinated with other State or local agencies that promote service coordination or provide information and referral services, including the entities that provide 2–1–1 or 3–1–1 information systems where available, to avoid duplication or fragmentation of services to kinship care families;
(B) shall be planned and operated in consultation with kinship caregivers and organizations representing them, youth raised by kinship caregivers, relevant government agencies, and relevant community-based or faith-based organizations;
(C) shall establish information and referral systems that link (via toll-free access) kinship caregivers, kinship support group facilitators, and kinship service providers to—
(i) each other;
(ii) eligibility and enrollment information for Federal, State, and local benefits;
(iii) relevant training to assist kinship caregivers in caregiving and in obtaining benefits and services; and
(iv) relevant legal assistance and help in obtaining legal services;
(D) shall provide outreach to kinship care families, including by establishing, distributing, and updating a kinship care website, or other relevant guides or outreach materials;
(E) shall promote partnerships between public and private agencies, including schools, community based or faith-based organizations, and relevant government agencies, to increase their knowledge of the needs of kinship care families and other individuals who are willing and able to be foster parents for children in foster care under the responsibility of the State who are themselves parents to promote better services for those families;
(F) may establish and support a kinship care ombudsman with authority to intervene and help kinship caregivers access services; and
(G) may support any other activities designed to assist kinship caregivers in obtaining benefits and services to improve their caregiving;
(2) intensive family-finding efforts that utilize search technology to find biological family members for children in the child welfare system, and once identified, work to reestablish relationships and explore ways to find a permanent family placement for the children;
(3) family group decision-making meetings for children in the child welfare system, that—
(A) enable families to make decisions and develop plans that nurture children and protect them from abuse and neglect, and
(B) when appropriate, shall address domestic violence issues in a safe manner and facilitate connecting children exposed to domestic violence to appropriate services, including reconnection with the abused parent when appropriate; or
(4) residential family treatment programs that—
(A) enable parents and their children to live in a safe environment for a period of not less than 6 months; and
(B) provide, on-site or by referral, substance abuse treatment services, children's early intervention services, family counseling, medical, and mental health services, nursery and pre-school, and other services that are designed to provide comprehensive treatment that supports the family.
(b) Applications
An entity desiring to receive a matching grant under this section shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including—
(1) a description of how the grant will be used to implement 1 or more of the activities described in subsection (a);
(2) a description of the types of children and families to be served, including how the children and families will be identified and recruited, and an initial projection of the number of children and families to be served;
(3) if the entity is a private organization—
(A) documentation of support from the relevant local or State child welfare agency; or
(B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant local or State child welfare agency; and
(4) an assurance that the entity will cooperate fully with any evaluation provided for by the Secretary under this section.
(c) Limitations
(1) Grant duration
The Secretary may award a grant under this section for a period of not less than 1 year and not more than 3 years.
(2) Number of new grantees per year
The Secretary may not award a grant under this section to more than 30 new grantees each fiscal year.
(d) Federal contribution
The amount of a grant payment to be made to a grantee under this section during each year in the grant period shall be the following percentage of the total expenditures proposed to be made by the grantee in the application approved by the Secretary under this section:
(1) 75 percent, if the payment is for the 1st or 2nd year of the grant period.
(2) 50 percent, if the payment is for the 3rd year of the grant period.
(e) Form of grantee contribution
A grantee under this section may provide not more than 50 percent of the amount which the grantee is required to expend to carry out the activities for which a grant is awarded under this section in kind, fairly evaluated, including plant, equipment, or services.
(f) Use of grant
A grantee under this section shall use the grant in accordance with the approved application for the grant.
(g) Reservations of funds
(1) Evaluation
The Secretary shall reserve 3 percent of the funds made available under subsection (h) for each fiscal year for the conduct of a rigorous evaluation of the activities funded with grants under this section.
(2) Technical assistance
The Secretary may reserve 2 percent of the funds made available under subsection (h) for each fiscal year to provide technical assistance to recipients of grants under this section.
(h) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for purposes of making grants under this section $15,000,000 for each of fiscal years 2009 through 2014.
(Aug. 14, 1935, ch. 531, title IV, §427, as added
Editorial Notes
Prior Provisions
A prior section 627, act Aug. 14, 1935, ch. 531, title IV, §427, as added June 17, 1980,
Amendments
2014—Subsec. (a).
Subsec. (a)(1)(E).
Subsec. (g)(1) to (3).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Effective Date
Section effective Oct. 7, 2008, and applicable to payments under this part and part E of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of
§628. Payments to Indian tribal organizations
(a) Amounts
The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this subpart directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this subpart. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate.
(b) Inclusion in State allotment
Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under
(c) "Indian tribe" and "tribal organization" defined
For purposes of this section, the terms "Indian tribe" and "tribal organization" shall have the meanings given such terms by subsections (e) and (l) of
(Aug. 14, 1935, ch. 531, title IV, §428, as added
Editorial Notes
Amendments
2006—Subsec. (b).
1996—Subsec. (c).
"(1) the term 'tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and
"(2) the term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (
1993—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1996 Amendment
For effective date of amendment by
Effective Date of 1993 Amendment
Amendment by
§628a. Transferred
Editorial Notes
Codification
Section, act Aug. 14, 1935, ch. 531, title IV, §429, as added
§628b. National random sample study of child welfare
(a) In general
The Secretary shall conduct (directly, or by grant, contract, or interagency agreement) a national study based on random samples of children who are at risk of child abuse or neglect, or are determined by States to have been abused or neglected.
(b) Requirements
The study required by subsection (a) shall—
(1) have a longitudinal component; and
(2) yield data reliable at the State level for as many States as the Secretary determines is feasible.
(c) Preferred contents
In conducting the study required by subsection (a), the Secretary should—
(1) carefully consider selecting the sample from cases of confirmed abuse or neglect; and
(2) follow each case for several years while obtaining information on, among other things—
(A) the type of abuse or neglect involved;
(B) the frequency of contact with State or local agencies;
(C) whether the child involved has been separated from the family, and, if so, under what circumstances;
(D) the number, type, and characteristics of out-of-home placements of the child; and
(E) the average duration of each placement.
(d) Reports
(1) In general
From time to time, the Secretary shall prepare reports summarizing the results of the study required by subsection (a).
(2) Availability
The Secretary shall make available to the public any report prepared under paragraph (1), in writing or in the form of an electronic data tape.
(3) Authority to charge fee
The Secretary may charge and collect a fee for the furnishing of reports under paragraph (2).
(e) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for each of fiscal years 1996 through 2002 $6,000,000 to carry out this section.
(Aug. 14, 1935, ch. 531, title IV, §429, formerly §429A, as added
Editorial Notes
Prior Provisions
A prior section 429 of act Aug. 14, 1935, was renumbered section 426(c) and is classified to
Amendments
1997—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§628c. Grants to States to enhance collaboration between State child welfare and juvenile justice systems
(a) Purpose
The purpose of this section is to authorize the Secretary, in collaboration with the Attorney General and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice—
(1) to make grants to State child welfare and juvenile justice agencies and child- and youth-serving agencies to collaborate in the collection of data relating to dual status youth; and
(2) to develop practices, policies, and protocols—
(A) to confront the challenges presented and experienced by dual status youth; and
(B) for the development of interoperable data systems.
(b) Authority to award grants
(1) In general
Subject to the availability of appropriations, from amounts reserved under
(2) Length of grants
(A) In general
Subject to subparagraph (B), a grant shall be awarded under this section for a period of not less than 2 fiscal years and not more than 5 fiscal years.
(B) Extension of grant
Upon the application of the grantee, the Secretary may extend the period for which a grant is awarded under this section for not more than 2 fiscal years.
(c) Additional requirements
(1) Application
In order for a State to be eligible for a grant under this section, the State shall submit an application, subject to the approval of the Secretary, that includes—
(A) a description of the proposed leadership collaboration group (including the membership of such group), and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for dual status youth;
(B) a description of how the State proposes—
(i) to identify dual status youth;
(ii) to identify individuals who are at risk of becoming dual status youth;
(iii) to identify common characteristics shared by dual status youth in the State; and
(iv) to determine the prevalence of dual status youth in the State;
(C) a description of current and proposed practices and procedures that the State intends to use—
(i) to screen and assess dual status youth for risks and treatment needs;
(ii) to provide targeted and evidence-based services, including educational, behavioral health, and pro-social treatment interventions for dual status youth and their families; and
(iii) to provide for a lawful process to enhance or ensure the abilities of the State and any relevant agencies to share information and data about dual status youth, while maintaining confidentiality and privacy protections under Federal and State law; and
(D) a certification that the State has involved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed policy and practice reforms to address the needs of dual status youth.
(2) No supplantation of other funds
Any amounts paid to a State under a grant under this section shall be used to supplement and not supplant other State expenditures on dual status youths or children involved with either the child welfare or juvenile justice systems.
(3) Evaluation
Up to 10 percent of the amount made available to carry out this section for a fiscal year shall be made available to the Secretary to evaluate the effectiveness of the projects funded under this section, using a methodology that—
(A) includes random assignment whenever feasible, or other research methods that allow for the strongest possible causal inferences when random assignment is not feasible; and
(B) generates evidence on the impact of specific projects, or groups of projects with identical (or similar) practices and procedures.
(4) Report
A State child welfare agency and a State juvenile justice agency receiving a grant under this section shall jointly submit to the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, a report on the evaluation of the activities carried out under the grant at the end of each fiscal year during the period of the grant. Such report shall include—
(A) a description of the scope and nature of the dual status youth population in the State, including the number of dual status youth;
(B) a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in clauses (i) through (iii) of paragraph (1)(C); and
(C) an analysis of the effects of such practices and procedures, including information regarding—
(i) the collection of data related to individual dual status youths;
(ii) aggregate data related to the dual status youth population, including—
(I) characteristics of dual status youths in the State;
(II) case processing timelines; and
(III) information related to case management, the provision of targeted services, and placements within the foster care or juvenile justice system; and
(iii) the extent to which such practices and procedures have contributed to—
(I) improved educational outcomes for dual status youths;
(II) fewer delinquency referrals for dual status youths;
(III) shorter stays in intensive restrictive placements for dual status youths; or
(IV) such other outcomes for dual status youths as the State child welfare agency and State juvenile justice agency may identify.
(d) Training and technical assistance
The Secretary may support State child welfare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical assistance to assist such agencies in developing programs and protocols that draw on best practices for serving dual status youth in order to facilitate or enhance—
(1) collaboration between State child welfare agencies and State juvenile justice agencies; and
(2) the effectiveness of such agencies with respect to working with Federal agencies and child welfare and juvenile justice agencies from other States.
(e) Report
Not later than 3 years after January 5, 2023, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall jointly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants provided under this section.
(f) Definitions
In this section:
(1) Dual status youth
The term "dual status youth" means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual's relationship to such systems.
(2) Leadership collaboration group
The term "leadership collaboration group" means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch.
(3) State juvenile justice agency
The term "State juvenile justice agency" means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 (
(4) State child welfare agency
The term "State child welfare agency" means the State agency responsible for administering the program under this subpart, or, in the case of a tribal organization that is receiving payments under
(Aug. 14, 1935, ch. 531, title IV, §429A, as added
Editorial Notes
References in Text
The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (f)(3), is
Prior Provisions
A prior section 429A of act Aug. 14, 1935, was renumbered section 429 and is classified to
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.