Part B—Child and Family Services
Amendments
1993—
1968—
subpart 1—child welfare services
Amendments
1993—
§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 Repealed.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
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
Prior Provisions
A prior section 621, act Aug. 14, 1935, ch. 531, title IV, §421, as added
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) of this section, and which meets the requirements of subsection (b) of this section.
(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 subchapter XX of this chapter 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 subchapter XX of this chapter, under the State program funded under part A of this subchapter, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 1 under part E of this subchapter, 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, which may include a residential educational program; and
(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) describe how the State actively consults with and involves physicians or other appropriate medical professionals in—
(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;
(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; and
(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.
(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
References in Text
Section 103(d) of the Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (b)(1), is section 103(d) of
Parts A and E of this subchapter, referred to in subsec. (b)(2), (13), (16), are classified to
The Indian Child Welfare Act, referred to in subsec. (b)(9), probably means the Indian Child Welfare Act of 1978,
Amendments
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).
Effective Date of 2006 Amendment
Amendment by
"(a)
"(b)
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendments
Section 501 of
"(a)
"(b)
Section 5593 of title V of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 202(e) of
Section 204(b) of
Effective Date of 1993 Amendment
Section 13711(c) of
Effective Date of 1989 Amendment
Section 10403(b)(2) of
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
Section 240(e)(3) of
Findings and Purpose
Section 552 of
"(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
Section 103(c) of
"(1) provide that (A) the State agency designated pursuant to
Administration of State Plan for Child Welfare Services by Non-Designated Agency
Section 103(d) of
Overpayments or Underpayments
Section 240(f)(3) of
§623. Allotments to States
(a) In general
The sum appropriated pursuant to
(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
Codification
Section was formerly classified to
Prior Provisions
A prior section 623, act Aug. 14, 1935, ch. 531, title IV, §423, as added
Amendments
2006—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1987—Subsec. (b).
1980—
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 9135(c) of
§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) 1 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.
(e) 1 Caseworker visitation standard
(1) The Secretary may not make a payment to a State under this subpart for a period in fiscal year 2008, unless the State has provided to the Secretary data which shows, for fiscal year 2007—
(A) the percentage of children in foster care under the responsibility of the State who were visited on a monthly basis by the caseworker handling the case of the child; and
(B) the percentage of the visits that occurred in the residence of the child.
(2)(A) Based on the data provided by a State pursuant to paragraph (1), the Secretary, in consultation with the State, shall establish, not later than June 30, 2008, an outline of the steps to be taken to ensure, by October 1, 2011, that at least 90 percent of the children in foster care under the responsibility of the State are visited by their caseworkers on a monthly basis, and that the majority of the visits occur in the residence of the child. The outline shall include target percentages to be reached each fiscal year, and should include a description of how the steps will be implemented. The steps may include activities designed to improve caseworker retention, recruitment, training, and ability to access the benefits of technology.
(B) Beginning October 1, 2008, if the Secretary determines that a State has not made the requisite progress in meeting the goal described in subparagraph (A) of this paragraph, then the percentage that shall apply for purposes of subsection (a) of this section for the period involved shall be the percentage set forth in such subsection (a) reduced by—
(i) 1, if the number of full percentage points by which the State fell short of the target percentage established for the State for the period pursuant to such subparagraph 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
Codification
Section was formerly classified to
Prior Provisions
A prior section 624, act Aug. 14, 1935, ch. 531, title IV, §424, as added
Amendments
2006—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
1994—Subsec. (a).
1993—Subsec. (a).
1980—
1976—Subsec. (c).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
1 So in original. Two subsecs. (e) have been enacted.
§625. Limitations on authorization of appropriations
To carry out this subpart, there are authorized to be appropriated to the Secretary not more than $325,000,000 for each of fiscal years 2007 through 2011.
(Aug. 14, 1935, ch. 531, title IV, §425, as added
Prior Provisions
A prior section 625, act Aug. 14, 1935, ch. 531, title IV, §425, as added
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
References in Text
Codification
Amendments
2006—Subsec. (b).
Subsec. (c).
1994—Subsec. (a)(1)(C).
1987—Subsecs. (b), (c).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 205(c) of
Appropriations or Grants
Section 240(g) of
1 See References in Text note below.
§627. Repealed. Pub. L. 103–432, title II, §202(c), Oct. 31, 1994, 108 Stat. 4454
Section, act Aug. 14, 1935, ch. 531, title IV, §427, as added June 17, 1980,
Effective Date of Repeal
Repeal effective with respect to fiscal years beginning on or after Apr. 1, 1996, see section 202(e) 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) of this section 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
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).
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
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) of this section 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) of this section, 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) of this section.
(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
Prior Provisions
A prior section 429 of act Aug. 14, 1935, was renumbered section 426(c) and is classified to
Amendments
1997—
Subsec. (a).
Effective Date of 1997 Amendment
Amendment by
subpart 2—promoting safe and stable families
§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, time-limited 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.
(Aug. 14, 1935, ch. 531, title IV, §430, as added
References in Text
The Adoption and Safe Families Act of 1997, referred to in par. (3), is
Prior Provisions
A prior section 430 of act Aug. 14, 1935, was classified to
Amendments
2006—
2002—
1997—Subsec. (a).
Subsec. (b)(6) to (8).
Subsec. (d).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
"(a)
"(b)
Effective Date of 1997 Amendment
Amendment by
Effective Date
Subpart effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of
§629a. Definitions
(a) In general
As used in this subpart:
(1) Family preservation services
The term "family preservation services" means services for children and families designed to help families (including adoptive and extended 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 and other caregivers (including 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; and
(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.
(2) Family support services
The term "family support services" means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development.
(3) State agency
The term "State agency" means the State agency responsible for administering the program under subpart 1.
(4) State
The term "State" includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1.
(5) Tribal organization
The term "tribal organization" means the recognized governing body of any Indian tribe.
(6) Indian tribe
The term "Indian tribe" means any Indian tribe (as defined in
(7) Time-limited family reunification services
(A) In general
The term "time-limited 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 in a foster family home or a child care institution 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, but only during the 15-month period that begins on the date that the child, pursuant to
(B) Services and activities described
The 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) Transportation to or from any of the services and activities described in this subparagraph.
(8) Adoption promotion and support services
The 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 funds
The term "non-Federal funds" means State funds, or at the option of a State, State and local funds.
(b) Other terms
For other definitions of other terms used in this subpart, see
(Aug. 14, 1935, ch. 531, title IV, §431, as added
References in Text
Prior Provisions
A prior section 431 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a)(6).
2002—Subsec. (a)(1)(F).
Subsec. (a)(2).
1999—Subsec. (a)(6).
1997—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(7), (8).
Subsec. (a)(9).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 305(b)(2), (c)(2) of
Section 305(d)(2) of
§629b. State plans
(a) Plan requirements
A 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) of this section) 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
(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, time-limited 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 forms CFS 101–Part I and CFS 101–Part II (or 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 forms CFS 101–Part I and CFS 101–Part II (or 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; and
(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.
(b) Approval of plans
(1) In general
The Secretary shall approve a plan that meets the requirements of subsection (a) of this section only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, time-limited family reunification, and adoption promotion and support services).
(2) Plans of Indian tribes or tribal consortia
(A) Exemption from inappropriate requirements
The 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 rule
Notwithstanding 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
(c) Annual submission of State reports to Congress
The 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.
(Aug. 14, 1935, ch. 531, title IV, §432, as added
Prior Provisions
A prior section 432 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a)(8).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (c).
1998—Subsec. (a)(8).
1997—Subsec. (a)(4).
Subsec. (a)(5)(A).
Subsec. (a)(9).
Subsec. (b)(1).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
§629c. Allotments to States
(a) Indian tribes or tribal consortia
From the amount reserved pursuant to
(b) Territories
From the amount described in
(c) Other States
(1) In general
From the amount described in
(2) "Food stamp percentage" defined
(A) In general
As used in paragraph (1) of this subsection, the term "food stamp percentage" means, with respect to a State and a fiscal year, the average monthly number of children receiving food stamp 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
(B) Fiscal years used in calculation
For 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) Reallotments
The 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
(e) Allotment of funds reserved to support monthly caseworker visits
(1) Territories
From the amount reserved pursuant to
(2) Other States
From the amount reserved pursuant to
(Aug. 14, 1935, ch. 531, title IV, §433, as added
Prior Provisions
A prior section 433 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
§629d. Payments to States
(a) Entitlement
Each State that has a plan approved under
(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
(2) the lesser of—
(A) 75 percent of the total expenditures by the State in accordance with
(B) the allotment of the State under
(b) Prohibitions
(1) No use of other Federal funds for State match
Each State receiving an amount paid under subsection (a) of this section may not expend any Federal funds to meet the costs of services under the State plan under
(2) Availability of funds
A State may not expend any amount paid under subsection (a) of this section for any fiscal year after the end of the immediately succeeding fiscal year.
(c) Direct payments to tribal organizations of Indian tribes or tribal consortia
The 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 costs
The 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
(Aug. 14, 1935, ch. 531, title IV, §434, as added
Prior Provisions
A prior section 434 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a).
"(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
Subsec. (c).
Subsec. (d).
2002—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
§629e. Evaluations; research; technical assistance
(a) Evaluations
(1) In general
The 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 used
In 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 of this subchapter;
(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; 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 report
Beginning 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) of this section.
(b) Coordination of evaluations
The 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 resources
Of the amount reserved under
(1) $1,000,000 for evaluations, research, and providing technical assistance with respect to supporting monthly caseworker visits with children who are in foster care under the responsibility of the State, in accordance with
(2) $1,000,000 for evaluations, research, and providing technical assistance with respect to grants under
(d) Technical assistance
To 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; and
(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.
(Aug. 14, 1935, ch. 531, title IV, §435, as added
References in Text
Part E of this subchapter, referred to in subsec. (a)(2)(A), is classified to
The enactment of the Adoption and Safe Families Act of 1997, referred to in subsec. (c)(4), is the enactment of
Prior Provisions
A prior section 435 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (c).
Subsec. (d).
2002—
Subsec. (a)(1).
Subsec. (a)(3).
Subsecs. (c), (d).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
§629f. Authorization of appropriations; reservation of certain amounts
(a) Authorization
In 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 each of fiscal years 2007 through 2011 1
(b) Reservation of certain amounts
From the amount specified in subsection (a) of this section for a fiscal year, the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve $6,000,000 for expenditure by the Secretary—
(A) for research, training, and technical assistance costs related to the program under this subpart; and
(B) for evaluation of State programs based on the plans approved under
(2) State court improvements
The Secretary shall reserve $10,000,000 for grants under
(3) Indian tribes or tribal consortia
After applying paragraphs (4) and (5) (but before applying paragraphs (1) or (2)), the Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with
(4) Support for monthly caseworker visits
(A) Reservation
The Secretary shall reserve for allotment in accordance with
(i) $5,000,000 for fiscal year 2008;
(ii) $10,000,000 for fiscal year 2009; and
(iii) $20,000,000 for each of fiscal years 2010 and 2011.
(B) Use of funds
(i) In general
A State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to support monthly caseworker visits with children who are in foster care under the responsibility of the State, with a primary emphasis on activities designed to improve caseworker retention, recruitment, training, and ability to access the benefits of technology.
(ii) Nonsupplantation
A 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).
(5) Regional partnership grants
The Secretary shall reserve for awarding grants under
(A) $40,000,000 for fiscal year 2007;
(B) $35,000,000 for fiscal year 2008;
(C) $30,000,000 for fiscal year 2009; and
(D) $20,000,000 for each of fiscal years 2010 and 2011.
(Aug. 14, 1935, ch. 531, title IV, §436, as added
References in Text
Part E, referred to in subsec. (b)(4)(B)(ii), is classified to
Prior Provisions
A prior section 436 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Effective Date of 2006 Amendment
Amendment by
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of
1 So in original. Probably should be followed by a period.
§629g. Discretionary and targeted grants
(a) Limitations on authorization of appropriations
In addition to any amount appropriated pursuant to
(b) Reservation of certain amounts
From the amount (if any) appropriated pursuant to subsection (a) of this section for a fiscal year, the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in
(2) State court improvements
The Secretary shall reserve 3.3 percent for grants under
(3) Indian tribes or tribal consortia
The Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with subsection (c)(1) of this section.
(c) Allotments
(1) Indian tribes or tribal consortia
From the amount (if any) reserved pursuant to subsection (b)(3) of this section 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) Territories
From the amount (if any) appropriated pursuant to subsection (a) of this section for any fiscal year that remains after applying subection 1 (b) of this section 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
(3) Other States
From the amount (if any) appropriated pursuant to subsection (a) of this section for any fiscal year that remains after applying subsection (b) of this section 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 food stamp percentage (as defined in
(d) Grants
The 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) of this section for the fiscal year.
(e) Applicability of certain rules
The rules of subsections (b) and (c) of
(f) Targeted grants to increase the well-being of, and to improve the permanency outcomes for, children affected by methamphetamine or other substance abuse
(1) Purpose
The 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 methamphetamine or other substance abuse.
(2) Regional partnership defined
(A) In general
In this subsection, the term "regional partnership" means a collaborative agreement (which may be established on an interstate or intrastate basis) entered into by at least 2 of the following:
(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 [
(iii) An Indian tribe or tribal consortium.
(iv) Nonprofit child welfare service providers.
(v) For-profit child welfare service providers.
(vi) Community health service providers.
(vii) Community mental health providers.
(viii) Local law enforcement agencies.
(ix) Judges and court personnel.
(x) Juvenile justice officials.
(xi) School personnel.
(xii) Tribal child welfare agencies (or a consortia of such agencies).
(xiii) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under this subpart.
(B) Requirements
(i) State child welfare agency partner
Subject to clause (ii)(I), a regional partnership entered into for purposes of this subsection shall include the State child welfare agency that is responsible for the administration of the State plan under this part and part E as 1 of the partners.
(ii) Regional partnerships entered into by Indian tribes or tribal consortia
If 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 such 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 such agencies).
(iii) No State agency only partnerships
If a State agency described in clause (i) or (ii) of subparagraph (A) enters into a regional partnership for purposes of this subsection, the State agency may not enter into a collaborative agreement only with the other State agency described in such clause (i) or (ii).
(3) Authority to award grants
(A) In general
In addition to amounts authorized to be appropriated to carry out this section, the Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2007 through 2011 under
(B) Required minimum period of approval
A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years.
(4) Application requirements
To 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 methamphetamine or other 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 receiving services or taking part in activities conducted with funds provided under the grant;
(ii) lead to safety and permanence for such children; and
(iii) decrease 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.
(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 where appropriate, the child's family.
(E) A description of the strategies for—
(i) collaborating with the State child welfare agency described in paragraph (2)(A)(i) (unless that agency is the lead applicant for the regional partnership); and
(ii) consulting, as appropriate, with—
(I) the State agency described in paragraph (2)(A)(ii); and
(II) the State law enforcement and judicial agencies.
To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply to a regional partnership that includes an Indian tribe, tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the regional partnership from the requirement.
(F) Such other information as the Secretary may require.
(5) Use of funds
Funds 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 abuse treatment 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 share
A 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; and
(iii) 75 percent for the fifth such fiscal year.
(B) Non-Federal share
The 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 grants
In awarding grants under this subsection, the Secretary shall—
(A) take into consideration the extent to which applicant regional partnerships—
(i) demonstrate that methamphetamine or other 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;
(ii) have limited resources for addressing the needs of children affected by such abuse;
(iii) have a lack of capacity for, or access to, comprehensive family treatment services; and
(iv) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period; and
(B) after taking such factors into consideration, give greater weight to awarding grants to regional partnerships that propose to address methamphetamine abuse and addiction in the partnership region (alone or in combination with other drug abuse and addiction) and which demonstrate that methamphetamine abuse and addiction (alone or in combination with other drug abuse and addiction) is adversely affecting child welfare in the partnership region.
(8) Performance indicators
(A) In general
Not later than 9 months after September 28, 2006, the Secretary shall establish indicators that will be used to assess periodically the performance of the grant recipients under this subsection in using funds made available under such grants to achieve the purpose of this subsection.
(B) Consultation required
In establishing the performance indicators required by subparagraph (A), the Secretary shall 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) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is a member of a regional partnership that is a grant recipient under this subsection.
(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient under this subsection.
(9) Reports
(A) Grantee reports
(i) Annual report
Not later than September 30 of the first fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and annually thereafter until September 30 of the last fiscal year in which the recipient is paid funds under the grant, the recipient shall submit to the Secretary a report on the services provided or activities carried out during that fiscal year with such funds. The report shall contain such information as the Secretary determines is necessary to provide an accurate description of the services provided or activities conducted with such funds.
(ii) Incorporation of information related to performance indicators
Each 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 Congress
On 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); and
(iii) the progress that has been made in addressing the needs of families with methamphetamine or other 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.
(Aug. 14, 1935, ch. 531, title IV, §437, as added
References in Text
Part E, referred to in subsec. (f)(2)(A)(i), (B)(i), is classified to
The Public Health Service Act, referred to in subsec. (f)(2)(A)(ii), is act July 1, 1944, ch. 373,
Prior Provisions
A prior section 437 of act Aug. 14, 1935, was classified to
Amendments
2006—
Subsec. (a).
Subsec. (b)(3).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e).
Subsec. (f).
Effective Date of 2006 Amendment
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of
1 So in original. Probably should be "subsection".
§629h. Entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption
(a) In general
The Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E 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; 1
(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 2
(2) to implement improvements the highest state 3 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, as set forth in the Adoption and Safe Families Act of 1997 (
(B) to implement a corrective action plan, as necessary, resulting from reviews of child and family service programs under
(3) to ensure that the safety, permanence, and well-being needs of children are met in a timely and complete manner; and
(4) to provide for the training of judges, attorneys and other legal personnel in child welfare cases.
(b) Applications
(1) In general
In order to be eligible to receive a grant under this section, a highest State court shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child, 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—
(A) in the case of a grant for the purpose described in subsection (a)(3), a description of how courts and child welfare agencies on the local and State levels will 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;
(B) in the case of a grant for the purpose described in subsection (a)(4), 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
(C) in the case of a grant for any purpose described in subsection (a), 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.
(2) Separate applications
A highest State court desiring grants under this section for 2 or more purposes shall submit separate applications for the following grants:
(A) A grant for the purposes described in paragraphs (1) and (2) of subsection (a).
(B) A grant for the purpose described in subsection (a)(3).
(C) A grant for the purpose described in subsection (a)(4).
(c) Allotments
(1) Grants to assess and improve handling of court proceedings relating to foster care and adoption
(A) In general
Each highest State court which has an application approved under subsection (b) of this section for a grant described in subsection (b)(2)(A) of this section, and is conducting assessment and improvement activities in accordance with this section, shall be entitled to payment, for each of fiscal years 2002 through 2011, from the amount reserved pursuant to
(B) Formula
The amount described in this subparagraph for any fiscal year is the amount that bears the same ratio to the amount reserved pursuant to
(2) Grants for improved data collection and training
(A) In general
Each highest State court which has an application approved under subsection (b) of this section for a grant referred to in subparagraph (B) or (C) of subsection (b)(2) shall be entitled to payment, for each of fiscal years 2006 through 2010, from the amount made available under whichever of paragraph (1) or (2) of subsection (e) applies with respect to the grant, of an amount equal to the sum of $85,000 plus the amount described in subparagraph (B) of this paragraph for the fiscal year with respect to the grant.
(B) Formula
The amount described in this subparagraph for any fiscal year with respect to a grant referred to in subparagraph (B) or (C) of subsection (b)(2) is the amount that bears the same ratio to the amount made available under subsection (e) for such a grant (reduced by the dollar amount specified in subparagraph (A) of this paragraph) as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under subsection (b) for such a grant.
(d) Federal share
Each highest State court which receives funds paid under this section may use such funds to pay not more than 75 percent of the cost of activities under this section in each of fiscal years 2002 through 2011.
(e) Funding for grants for improved data collection and training
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 2006 through 2010—
(1) $10,000,000 for grants referred to in subsection (b)(2)(B); and
(2) $10,000,000 for grants referred to in subsection (b)(2)(C).
(Aug. 14, 1935, ch. 531, title IV, §438, formerly
References in Text
Part E of this subchapter, referred to in subsecs. (a) and (b)(1)(B), (C), is classified to
The Adoption and Safe Families Act of 1997, referred to in subsec. (a)(2)(A), is
Subpart 1, referred to in subsec. (b)(1)(B), is classified to
Codification
Section was formerly set out as a note under
Prior Provisions
A prior section 438 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a)(1)(E).
Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1)(A).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (c)(1).
"(A) for fiscal year 1995, $75,000 plus the amount described in paragraph (2) for fiscal year 1995; and
"(B) for each of fiscal years 1996 through 2001, $85,000 plus the amount described in paragraph (2) for each of such fiscal years."
Subsec. (c)(2).
Subsec. (d).
"(1) any or all costs of activities under this section in fiscal year 1995; and
"(2) not more than 75 percent of the cost of activities under this section in each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001."
1997—Subsec. (c)(1).
Subsec. (d)(2).
Effective Date of 2006 Amendment
Amendment by
Amendment by
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
1 So in original. Probably should be followed by "and".
2 So in original. The word "and" probably should not appear.
3 So in original. Probably should be capitalized.
§629i. Grants for programs for mentoring children of prisoners
(a) Findings and purposes
(1) Findings
(A) In the period between 1991 and 1999, the number of children with a parent incarcerated in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. In 1999, 2.1 percent of all children in the United States had a parent in Federal or State prison.
(B) Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children.
(C) Nearly 90 percent of the children of incarcerated fathers live with their mothers, and 79 percent of the children of incarcerated mothers live with a grandparent or other relative.
(D) Parental arrest and confinement lead to stress, trauma, stigmatization, and separation problems for children. These problems are coupled with existing problems that include poverty, violence, parental substance abuse, high-crime environments, intrafamilial abuse, child abuse and neglect, multiple care givers, and/or prior separations. As a result, these children often exhibit a broad variety of behavioral, emotional, health, and educational problems that are often compounded by the pain of separation.
(E) Empirical research demonstrates that mentoring is a potent force for improving children's behavior across all risk behaviors affecting health. Quality, one-on-one relationships that provide young people with caring role models for future success have profound, life-changing potential. Done right, mentoring markedly advances youths' life prospects. A widely cited 1995 study by Public/Private Ventures measured the impact of one Big Brothers Big Sisters program and found significant effects in the lives of youth—cutting first-time drug use by almost half and first-time alcohol use by about a third, reducing school absenteeism by half, cutting assaultive behavior by a third, improving parental and peer relationships, giving youth greater confidence in their school work, and improving academic performance.
(2) Purposes
The purposes of this section are to authorize the Secretary—
(A) to make competitive grants to applicants in areas with substantial numbers of children of incarcerated parents, to support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring services for children of prisoners; and
(B) to enter into on a competitive basis a cooperative agreement to conduct a service delivery demonstration project in accordance with the requirements of subsection (g).
(b) Definitions
In this section:
(1) Children of prisoners
The term "children of prisoners" means children one or both of whose parents are incarcerated in a Federal, State, or local correctional facility. The term is deemed to include children who are in an ongoing mentoring relationship in a program under this section at the time of their parents' release from prison, for purposes of continued participation in the program.
(2) Mentoring
The 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.
(3) Mentoring services
The term "mentoring services" means those services and activities that support a structured, managed program of mentoring, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.
(c) Program authorized
From the amounts appropriated under subsection (i) of this section for a fiscal year that remain after applying subsection (i)(2) of this section, the Secretary shall make grants under this section for each of fiscal years 2007 through 2011 to State or local governments, tribal governments or tribal consortia, faith-based organizations, and community-based organizations in areas that have significant numbers of children of prisoners and that submit applications meeting the requirements of this section, in amounts that do not exceed $5,000,000 per grant.
(d) Application requirements
In order to be eligible for a grant under this section, the chief executive officer of the applicant must submit to the Secretary an application containing the following:
(1) Program design
A description of the proposed program, including—
(A) a list of local public and private organizations and entities that will participate in the mentoring network;
(B) the name, description, and qualifications of the entity that will coordinate and oversee the activities of the mentoring network;
(C) the number of mentor-child matches proposed to be established and maintained annually under the program;
(D) such information as the Secretary may require concerning the methods to be used to recruit, screen support, and oversee individuals participating as mentors, (which methods shall include criminal background checks on the individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary for the program; and
(E) such other information as the Secretary may require.
(2) Community consultation; coordination with other programs
A demonstration that, in developing and implementing the program, the applicant will, to the extent feasible and appropriate—
(A) consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with family members of potential clients;
(B) coordinate the programs and activities under the program with other Federal, State, and local programs serving children and youth; and
(C) consult with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies.
(3) Equal access for local service providers
An assurance that public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis.
(4) Records, reports, and audits
An agreement that the applicant will maintain such records, make such reports, and cooperate with such reviews or audits as the Secretary may find necessary for purposes of oversight of project activities and expenditures.
(5) Evaluation
An agreement that the applicant will cooperate fully with the Secretary's ongoing and final evaluation of the program under the plan, by means including providing the Secretary access to the program and program-related records and documents, staff, and grantees receiving funding under the plan.
(e) Federal share
(1) In general
A grant for a program under this section shall be available to pay a percentage share of the costs of the program up to—
(A) 75 percent for the first and second fiscal years for which the grant is awarded; and
(B) 50 percent for the third and each succeeding such fiscal years.
(2) Non-Federal share
The non-Federal share of the cost of projects under this section 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.
(f) Considerations in awarding grants
In awarding grants under this section, the Secretary shall take into consideration—
(1) the qualifications and capacity of applicants and networks of organizations to effectively carry out a mentoring program under this section;
(2) the comparative severity of need for mentoring services in local areas, taking into consideration data on the numbers of children (and in particular of low-income children) with an incarcerated parents 1 (or parents) in the areas;
(3) evidence of consultation with existing youth and family service programs, as appropriate; and
(4) any other factors the Secretary may deem significant with respect to the need for or the potential success of carrying out a mentoring program under this section.
(g) Service delivery demonstration project
(1) Purpose; authority to enter into cooperative agreement
The Secretary shall enter into a cooperative agreement with an eligible entity that meets the requirements of paragraph (2) for the purpose of requiring the entity to conduct a demonstration project consistent with this subsection under which the entity shall—
(A) identify children of prisoners in need of mentoring services who have not been matched with a mentor by an applicant awarded a grant under this section, with a priority for identifying children who—
(i) reside in an area not served by a recipient of a grant under this section;
(ii) reside in an area that has a substantial number of children of prisoners;
(iii) reside in a rural area; or
(iv) are Indians;
(B) provide the families of the children so identified with—
(i) a voucher for mentoring services that meets the requirements of paragraph (5); and
(ii) a list of the providers of mentoring services in the area in which the family resides that satisfy the requirements of paragraph (6); and
(C) monitor and oversee the delivery of mentoring services by providers that accept the vouchers.
(2) Eligible entity
(A) In general
Subject to subparagraph (B), an eligible entity under this subsection is an organization that the Secretary determines, on a competitive basis—
(i) has substantial experience—
(I) in working with organizations that provide mentoring services for children of prisoners; and
(II) in developing quality standards for the identification and assessment of mentoring programs for children of prisoners; and
(ii) submits an application that satisfies the requirements of paragraph (3).
(B) Limitation
An organization that provides mentoring services may not be an eligible entity for purposes of being awarded a cooperative agreement under this subsection.
(3) Application requirements
To be eligible to be awarded a cooperative agreement under this subsection, an entity shall submit to the Secretary an application that includes the following:
(A) Qualifications
Evidence that the entity—
(i) meets the experience requirements of paragraph (2)(A)(i); and
(ii) is able to carry out—
(I) the purposes of this subsection identified in paragraph (1); and
(II) the requirements of the cooperative agreement specified in paragraph (4).
(B) Service delivery plan
(i) Distribution requirements
Subject to clause (iii), a description of the plan of the entity to ensure the distribution of not less than—
(I) 3,000 vouchers for mentoring services in the first year in which the cooperative agreement is in effect with that entity;
(II) 8,000 vouchers for mentoring services in the second year in which the agreement is in effect with that entity; and
(III) 13,000 vouchers for mentoring services in any subsequent year in which the agreement is in effect with that entity.
(ii) Satisfaction of priorities
A description of how the plan will ensure the delivery of mentoring services to children identified in accordance with the requirements of paragraph (1)(A).
(iii) Secretarial authority to modify distribution requirement
The Secretary may modify the number of vouchers specified in subclauses (I) through (III) of clause (i) to take into account the availability of appropriations and the need to ensure that the vouchers distributed by the entity are for amounts that are adequate to ensure the provision of mentoring services for a 12-month period.
(C) Collaboration and cooperation
A description of how the entity will ensure collaboration and cooperation with other interested parties, including courts and prisons, with respect to the delivery of mentoring services under the demonstration project.
(D) Other
Any other information that the Secretary may find necessary to demonstrate the capacity of the entity to satisfy the requirements of this subsection.
(4) Cooperative agreement requirements
A cooperative agreement awarded under this subsection shall require the eligible entity to do the following:
(A) Identify quality standards for providers
To work with the Secretary to identify the quality standards that a provider of mentoring services must meet in order to participate in the demonstration project and which, at a minimum, shall include criminal records checks for individuals who are prospective mentors and shall prohibit approving any individual to be a mentor if the criminal records check of the individual reveals a conviction which would prevent the individual from being approved as a foster or adoptive parent under
(B) Identify eligible providers
To identify and compile a list of those providers of mentoring services in any of the 50 States or the District of Columbia that meet the quality standards identified pursuant to subparagraph (A).
(C) Identify eligible children
To identify children of prisoners who require mentoring services, consistent with the priorities specified in paragraph (1)(A).
(D) Monitor and oversee delivery of mentoring services
To satisfy specific requirements of the Secretary for monitoring and overseeing the delivery of mentoring services under the demonstration project, which shall include a requirement to ensure that providers of mentoring services under the project report data on the children served and the types of mentoring services provided.
(E) Records, reports, and audits
To maintain any records, make any reports, and cooperate with any reviews and audits that the Secretary determines are necessary to oversee the activities of the entity in carrying out the demonstration project under this subsection.
(F) Evaluations
To cooperate fully with any evaluations of the demonstration project, including collecting and monitoring data and providing the Secretary or the Secretary's designee with access to records and staff related to the conduct of the project.
(G) Limitation on administrative expenditures
To ensure that administrative expenditures incurred by the entity in conducting the demonstration project with respect to a fiscal year do not exceed the amount equal to 10 percent of the amount awarded to carry out the project for that year.
(5) Voucher requirements
A voucher for mentoring services provided to the family of a child identified in accordance with paragraph (1)(A) shall meet the following requirements:
(A) Total payment amount; 12-month service period
The voucher shall specify the total amount to be paid a provider of mentoring services for providing the child on whose behalf the voucher is issued with mentoring services for a 12-month period.
(B) Periodic payments as services provided
(i) In general
The voucher shall specify that it may be redeemed with the eligible entity by the provider accepting the voucher in return for agreeing to provide mentoring services for the child on whose behalf the voucher is issued.
(ii) Demonstration of the provision of services
A provider that redeems a voucher issued by the eligible entity shall receive periodic payments from the eligible entity during the 12-month period that the voucher is in effect upon demonstration of the provision of significant services and activities related to the provision of mentoring services to the child on whose behalf the voucher is issued.
(6) Provider requirements
In order to participate in the demonstration project, a provider of mentoring services shall—
(A) meet the quality standards identified by the eligible entity in accordance with paragraph (1);
(B) agree to accept a voucher meeting the requirements of paragraph (5) as payment for the provision of mentoring services to a child on whose behalf the voucher is issued;
(C) demonstrate that the provider has the capacity, and has or will have nonfederal resources, to continue supporting the provision of mentoring services to the child on whose behalf the voucher is issued, as appropriate, after the conclusion of the 12-month period during which the voucher is in effect; and
(D) if the provider is a recipient of a grant under this section, demonstrate that the provider has exhausted its capacity for providing mentoring services under the grant.
(7) 3-year period; option for renewal
(A) In general
A cooperative agreement awarded under this subsection shall be effective for a 3-year period.
(B) Renewal
The cooperative agreement may be renewed for an additional period, not to exceed 2 years and subject to any conditions that the Secretary may specify that are not inconsistent with the requirements of this subsection or subsection (i)(2)(B), if the Secretary determines that the entity has satisfied the requirements of the agreement and evaluations of the service delivery demonstration project demonstrate that the voucher service delivery method is effective in providing mentoring services to children of prisoners.
(8) Independent evaluation and report
(A) In general
The Secretary shall enter into a contract with an independent, private organization to evaluate and prepare a report on the first 2 fiscal years in which the demonstration project is conducted under this subsection.
(B) Deadline for report
Not later than 90 days after the end of the second fiscal year in which the demonstration project is conducted under this subsection, the Secretary shall submit the report required under subparagraph (A) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report shall include—
(i) the number of children as of the end of such second fiscal year who received vouchers for mentoring services; and
(ii) any conclusions regarding the use of vouchers for the delivery of mentoring services for children of prisoners.
(9) No effect on eligibility for other Federal assistance
A voucher provided to a family under the demonstration project conducted under this subsection shall be disregarded for purposes of determining the eligibility for, or the amount of, any other Federal or federally-supported assistance for the family.
(h) Independent evaluation; reports
(1) Independent evaluation
The Secretary shall conduct by grant, contract, or cooperative agreement an independent evaluation of the programs authorized under this section, including the service delivery demonstration project authorized under subsection (g).
(2) Reports
Not later than 12 months after September 28, 2006, the Secretary shall submit a report to the Congress that includes the following:
(A) The characteristics of the mentoring programs funded under this section.
(B) The plan for implementation of the service delivery demonstration project authorized under subsection (g).
(C) A description of the outcome-based evaluation of the programs authorized under this section that the Secretary is conducting as of September 28, 2006, and how the evaluation has been expanded to include an evaluation of the demonstration project authorized under subsection (g).
(D) The date on which the Secretary shall submit a final report on the evaluation to the Congress.
(i) Authorization of appropriations; reservations of certain amounts
(1) Limitations on authorization of appropriations
To carry out this section, there are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal years 2007 through 2011.
(2) Reservations
(A) Research, technical assistance, and evaluation
The Secretary shall reserve 4 percent of the amount appropriated for each fiscal year under paragraph (1) for expenditure by the Secretary for research, technical assistance, and evaluation related to programs under this section.
(B) Service delivery demonstration project
(i) In general
Subject to clause (ii), for purposes of awarding a cooperative agreement to conduct the service delivery demonstration project authorized under subsection (g), the Secretary shall reserve not more than—
(I) $5,000,000 of the amount appropriated under paragraph (1) for the first fiscal year in which funds are to be awarded for the agreement;
(II) $10,000,000 of the amount appropriated under paragraph (1) for the second fiscal year in which funds are to be awarded for the agreement; and
(III) $15,000,000 of the amount appropriated under paragraph (1) for the third fiscal year in which funds are to be awarded for the agreement.
(ii) Assurance of funding for general program grants
With respect to any fiscal year, no funds may be awarded for a cooperative agreement under subsection (g), unless at least $25,000,000 of the amount appropriated under paragraph (1) for that fiscal year is used by the Secretary for making grants under this section for that fiscal year.
(Aug. 14, 1935, ch. 531, title IV, §439, as added
Codification
September 28, 2006, referred to in subsec. (h)(2), was in the original "the date of enactment of this subsection" and "that date of enactment", which were translated as meaning the date of enactment of
Prior Provisions
A prior section 439 of act Aug. 14, 1935, was classified to
Amendments
2006—Subsec. (a).
Subsec. (a)(2).
Subsec. (c).
Subsec. (g).
Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (i).
Subsec. (i)(2).
Effective Date of 2006 Amendment
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of