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Relevant Text From Title VII, Subtitle D of PL 109-171—Deficit Reduction Act of 2005

Title VII. Subtitle D provides for new court improvement grants for improved data collection and training for judges, attorneys, and other legal personnel in child welfare cases; requires collaboration between courts and agencies; provides for the use of child welfare records in State court proceedings; authorizes appropriations for FY2006 for safe and stable families programs; and revises eligibility requirements for foster care maintenance payments and adoption assistance. The text of the relevant sections is provided below.

SEC. 7401. STRENGTHENING COURTS.

(a) Court Improvement Grants-

(1) IN GENERAL- Section 438(a) (42 U.S.C. 629h(a)) is amended--

(A) by striking `and' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting a semicolon; and
(C) by adding at the end the following:

`(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.'.

(2) APPLICATIONS- Section 438(b) (42 U.S.C. 629h(b)) is amended to read as follows:

`(b) Applications-

`(1) IN GENERAL- In order to be eligible to receive a grant under this section, a highest State court 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 section 434, or the State plan approved under part E; and
`(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 part B or 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).'.

(3) ALLOTMENTS- Section 438(c) (42 U.S.C. 429h(c)) is amended--

(A) in paragraph (1)--

(i) by inserting `of this section for a grant described in subsection (b)(2)(A) of this section' after `subsection (b)'; and
(ii) by striking `paragraph (2) of this subsection' and inserting `subparagraph (B) of this paragraph';

(B) in paragraph (2)--

(i) by striking `this paragraph' and inserting `this subparagraph';
(ii) by striking `paragraph (1) of this subsection' and inserting `subparagraph (A) of this paragraph'; and
(iii) by inserting `for such a grant' after `subsection (b)';

(C) by redesignating and indenting paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(D) by inserting before and above such subparagraph (A) the following:

`(1) GRANTS TO ASSESS AND IMPROVE HANDLING OF COURT PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION- '; and

(E) by adding at the end the following:

`(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.'.

(4) FUNDING- Section 438 (42 U.S.C. 629h) is amended by adding at the end the following:

`(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).'.

(b) Requirement To Demonstrate Meaningful Collaboration Between Courts and Agencies in Child Welfare Services Programs- Section 422(b) (42 U.S.C. 622(b)) is amended--

(1) by striking `and' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and inserting `; and'; and
(3) by adding at the end the following:
`(15) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under subpart 1, 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 section 1123A.'.

(c) Use of Child Welfare Records in State Court Proceedings- Section 471 (42 U.S.C. 671) is amended--

(1) in subsection (a)(8), by inserting `subject to subsection (c),' after `(8)'; and
(2) by adding at the end the following:

`(c) Use of Child Welfare Records in State Court Proceedings- Subsection (a)(8) shall not be construed to limit the flexibility of a State in determining State policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to part B or this part, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.'.

SEC. 7402. FUNDING OF SAFE AND STABLE FAMILIES PROGRAMS.

Section 436(a) (42 U.S.C. 629f(a)) is amended to read as follows:
`(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 fiscal year 2006. Notwithstanding the preceding sentence, the total amount authorized to be so appropriated for fiscal year 2006 under this subsection and under this subsection (as in effect before the date of the enactment of the Deficit Reduction Act of 2005) is $345,000,000.'.

SEC. 7403. CLARIFICATION REGARDING FEDERAL MATCHING OF CERTAIN ADMINISTRATIVE COSTS UNDER THE FOSTER CARE MAINTENANCE PAYMENTS PROGRAM.

(a) Administrative Costs Relating to Unlicensed Care- Section 472 (42 U.S.C. 672) is amended by inserting after subsection (h) the following:
`(i) Administrative Costs Associated With Otherwise Eligible Children Not in Licensed Foster Care Settings- Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a child who was residing in a foster family home or child-care institution shall be so considered with respect to a child not residing in such a home or institution--

`(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), only for expenditures--

`(A) with respect to a period of not more than the lesser of 12 months or the average length of time it takes for the State to license or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or
`(B) with respect to a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State; and

`(2) in the case of any other child who is potentially eligible for benefits under a State plan approved under this part and at imminent risk of removal from the home, only if--

`(A) reasonable efforts are being made in accordance with section 471(a)(15) to prevent the need for, or if necessary to pursue, removal of the child from the home; and
`(B) the State agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home.'.

(b) Conforming Amendment- Section 474(a)(3) (42 U.S.C. 674(a)(3)) is amended by inserting `subject to section 472(i)' before `an amount equal to'.

SEC. 7404. CLARIFICATION OF ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAYMENTS AND ADOPTION ASSISTANCE.

(a) Foster Care Maintenance Payments- Section 472(a) (42 U.S.C. 672(a)) is amended to read as follows:
`(a) In General-

`(1) ELIGIBILITY- Each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if--

`(A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and
`(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3).

`(2) REMOVAL AND FOSTER CARE PLACEMENT REQUIREMENTS- The removal and foster care placement of a child meet the requirements of this paragraph if--

`(A) the removal and foster care placement are in accordance with--

`(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or
`(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made;

`(B) the child's placement and care are the responsibility of--

`(i) the State agency administering the State plan approved under section 471; or
`(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and

`(C) the child has been placed in a foster family home or child-care institution.

`(3) AFDC ELIGIBILITY REQUIREMENT-

`(A) IN GENERAL- A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child--

`(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or
`(ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or
`(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made.

`(B) RESOURCES DETERMINATION- For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)).

`(4) ELIGIBILITY OF CERTAIN ALIEN CHILDREN- Subject to title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.'.

(b) Adoption Assistance- Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended to read as follows:
`(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child--

`(i)(I)(aa) was removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
`(bb) met the requirements of section 472(a)(3) with respect to the home referred to in item (aa) of this subclause;
`(II) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or
`(III) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as provided in section 475(4)(B); and
`(ii) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs.

`(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section.

`(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if the child--

`(i) meets the requirements of subparagraph (A)(ii);
`(ii) was determined eligible for adoption assistance payments under this part with respect to a prior adoption;
`(iii) is available for adoption because--

`(I) the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or
`(II) the child's adoptive parents have died; and

`(iv) fails to meet the requirements of subparagraph (A) but would meet such requirements if--

`(I) the child were treated as if the child were in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments under this part; and
`(II) the prior adoption were treated as never having occurred.'.

Updated on May 14, 2008