Public Law 112-34 112th Congress An Act To amend part B of title IV of the Social Security Act to extend the child and family services program through fiscal year 2016, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. Sept. 30, 2011 [H.R. 2883] Child and Family This Act may be cited as the "Child and Family Services Act. Improvement and Innovation Act". TITLE I-EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PRO- (a) EXTENSION OF PROGRAM.-Section 425 of the Social Security Act (42 U.S.C. 625) is amended by striking "2007 through 2011" and inserting "2012 through 2016". (b) MODIFICATION OF CERTAIN STATE PLAN REQUIREMENTS.- (2) PROCEDURES ON THE USE OF PSYCHOTROPIC MEDICATIONS.-Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by inserting ", including protocols for the appropriate use and monitoring of psychotropic medications" before the semicolon. (3) DESCRIPTION OF ACTIVITIES TO ADDRESS DEVELOPMENTAL NEEDS OF VERY YOUNG CHILDREN.-Section 422(b) of such Act (42 U.S.C. 622(b)) is amended (A) by striking "and" at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting "; and"; and (C) by adding at the end the following: "(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of such children who receive benefits or services under this part or part E.". 42 USC 1305 note. (4) DATA SOURCES FOR CHILD DEATH REPORTING.-Section 422(b) of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of this subsection, is amended (A) by striking “and” at the end of paragraph (17); (B) by striking the period at the end of paragraph (18) and inserting "; and"; and (C) by adding at the end the following: "(19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.". (c) CHILD VISITATION BY CASEWORKERS.-Section 424 of such Act (42 U.S.C. 624) is amended by striking the 2nd subsection (e), as added by section 7(b) of the Child and Family Services Improvement Act of 2006, and inserting the following: "(f)(1)(A) Each State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year is not less than 90 percent (or, in the case of fiscal year 2015 or thereafter, 95 percent) of the total number of such visits that would occur during the fiscal year if each such child were so visited once every month while in such care. "(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by "(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10; "(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or "(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20. "(2)(A) Each State shall take such steps as are necessary to ensure that not less than 50 percent of the total number of visits made by caseworkers to children in foster care under the responsibility of the State during a fiscal year occur in the residence of the child involved. "(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by "(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10; "(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or "(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.". (d) TECHNICAL CORRECTION.-Section 423(b) of such Act (42 U.S.C. 623(b)) is amended by striking "per centum" each place it appears and inserting "percent". SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM. (a) EXTENSION OF FUNDING AUTHORIZATIONS.— (1) IN GENERAL.-Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended by striking all that follows "$345,000,000" and inserting "for each of fiscal years 2012 through 2016.". (2) DISCRETIONARY GRANTS.-Section 437(a) of such Act (42 U.S.C. 629g(a)) is amended by striking "2007 through 2011" and inserting "2012 through 2016”. (b) TARGETING OF SERVICES TO POPULATIONS AT GREATEST RISK OF MALTREATMENT.-Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended (1) by striking "and" at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting “; and"; and (3) by adding at the end the following: "(10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations.". (c) REVISED PURPOSES OF FAMILY SUPPORT SERVICES AND TIMELIMITED FAMILY REUNIFICATION SERVICES. (1) FAMILY SUPPORT SERVICES.-Section 431(a)(2) of such Act (42 U.S.C. 629a(a)(2)) is amended to read as follows: "(2) FAMILY SUPPORT SERVICES.— "(A) IN GENERAL.-The term 'family support services' means community-based services designed to carry out the purposes described in subparagraph (B). "(B) PURPOSES DESCRIBED.-The purposes described in this subparagraph are the following: "(i) To promote the safety and well-being of children and families. "(ii) To increase the strength and stability of families (including adoptive, foster, and extended families). "(iii) To increase parents' confidence and competence in their parenting abilities. "(iv) To afford children a safe, stable, and supportive family environment. "(v) To strengthen parental relationships and promote healthy marriages. "(vi) To enhance child development, including through mentoring (as defined in section 439(b)(2)).”. (2) TIME-LIMITED FAMILY REUNIFICATION SERVICES.-Section 431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended by redesignating clause (vi) as clause (viii) and inserting after clause (v) the following: "(vi) Peer-to-peer mentoring and support groups for parents and primary caregivers. "(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings.". Definition. (d) UNIFORM DEFINITIONS OF INDIAN TRIBE AND TRIBAL ORGANIZATION.-Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by striking paragraphs (5) and (6) and inserting the following: "(5) INDIAN TRIBE.-The term 'Indian tribe' has the meaning given the term in section 428(c). “(6) TRIBAL ORGANIZATION.-The term 'tribal organization' has the meaning given the term in section 428(c).". (e) SUBMISSION TO CONGRESS OF STATE SUMMARIES OF FINANCIAL DATA; PUBLICATION ON HHS WEBSITE.-Section 432(c) of such Act (42 U.S.C. 629b(c)) is amended— (1) by striking all that precedes "shall" and inserting the following: "(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS."(1) IN GENERAL.-The Secretary"; and (2) by adding after and below the end the following: "(2) INFORMATION TO BE INCLUDED.-The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1. "(3) PUBLIC ACCESSIBILITY.-Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.". (f) GAO REPORT ON MULTIPLE SOURCES OF FEDERAL SPENDING AND FAMILY ACCESS TO SERVICES.-Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) identifies alternative sources of Federal funding that are being employed by States or other entities for the same purposes for which funding is provided under subpart 1 or 2 of part B of title IV of the Social Security Act; and (2) assesses the needs of families eligible for services under such program, including identification of underserved communities and information regarding (A) the supports available for caseworkers to appropriately investigate and safely manage their caseloads; (B) the length of the wait time for families to receive substance abuse and other preventive services; and (C) the number of families on waiting lists for such services and the effect of the delay on healthy, successful reunification outcomes for such families. (g) TECHNICAL CORRECTIONS.— (1) Section 432(a)(8)(B) of the Social Security Act (42 U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and (ii) by striking "forms CFS 101-Part I and CFS 101-Part II (or any successor forms)" and inserting "form CFS-101 (including all parts and any successor forms)". (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 629c(c)(2)) is amended (A) in the paragraph heading, by striking "FOOD STAMP" and inserting "SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS"; and (B) by striking "benefits benefits" each place it appears and inserting "benefits". SEC. 103. GRANTS FOR TARGETED PURPOSES. (a) EXTENSION OF FUNDING RESERVATIONS FOR MONTHLY CASEWORKER VISITS AND REGIONAL PARTNERSHIP GRANTS.-Section 436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended(1) in paragraph (4)(A), by striking "433(e)" and all that follows and inserting "433(e) $20,000,000 for each of fiscal years 2012 through 2016."; and (2) in paragraph (5), by striking "437(f)" and all that follows and inserting "437(f) $20,000,000 for each of fiscal years 2012 through 2016.". (b) REVISION IN USE OF MONTHLY CASEWORKER VISITS GRANTS.-Section 436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended (1) by striking "support" and insert "improve the quality of"; and (2) by striking "a primary emphasis" and all that follows and inserting "an emphasis on improving caseworker decision making on the safety, permanency, and well-being of foster children and on activities designed to increase retention, recruitment, and training of caseworkers."; and (c) REAUTHORIZATION OF REGIONAL PARTNERSHIP GRANTS TO ASSIST CHILDREN AFFECTED BY PARENTAL SUBSTANCE ABUSE.— (1) EXTENSION OF PROGRAM.-Section 437(f)(3)(A) of such Act (42 U.S.C. 629g(f)(3)(A)) is amended by striking "2007 through 2011" and inserting "2012 through 2016”. (2) REVISIONS TO PROGRAM.-Section 437(f) of such Act (42 U.S.C. 629g(f)) is amended (A) in the subsection heading, by striking “METHAMPHETAMINE OR OTHER"; (B) in each of paragraphs (1), (4)(A), (7)(A)(i), and (9)(B)(iii), by striking "methamphetamine or other"; (C) in paragraph (3), by striking subparagraph (B) and inserting the following: "(B) REQUIRED MINIMUM PERIOD OF APPROVAL.— “(i) IN GENERAL.—A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clause (ii). “(ii) EXTENSION OF GRANT.-On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection. "(C) MULTIPLE GRANTS ALLOWED.-This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection."; (D) in paragraph (6)(A)— (i) by striking "and" at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting a semicolon; and (iii) by adding at the end the following: "(iv) 70 percent for the sixth such fiscal year; and "(v) 65 percent for the seventh such fiscal year."; (E) in paragraph (7)— |