Supporting America’s Children and Families Act
TITLE I--CHILD WELFARE REAUTHORIZATION AND MODERNIZATION
Protecting America's Children by Strengthening Families Act
This title reauthorizes through FY2029 certain child and family services and modifies programs related to prevention services, youth in foster care, parental substance use disorder, and kinship caregiving, which are generally administered by the Administration for Children and Families (ACF).
First, the title reauthorizes funding through FY2029 for the Stephanie Tubbs Jones Child Welfare Services and the MaryLee Allen Promoting Safe and Stable Families programs. It also requires 3% of allocated funding to be paid directly to Indian tribes.
The title also reauthorizes through FY2029 the Court Improvement Program and requires the ACF to issue guidance for technological changes necessary to conduct proceedings remotely.
The title reauthorizes through FY2029 and revises regional partnership grants for services to families affected by substance use disorders.
The ACF also must review administrative requirements for state child welfare agencies and explore ways to reduce the compliance time.
The title also authorizes grants to states and other specified organizations to evaluate child and family services and kinship navigator programs.
Further, state plans for child welfare services must describe how states may offer virtual caseworker visits to youth in care who are over 18 and have consented to such visits.
The title also authorizes family preservation and family support services for youth under the age of 26. It also includes within the definition of family preservation services nonrecurring, short-term benefits that address immediate needs related to a specific crisis, such as supports for housing or food assistance.
The title also reauthorizes grants to states for caseworker support and authorizes demonstration grants to support relationships between foster children and their incarcerated parents.
Finally, the title modifies certain requirements regarding data collection and technical assistance for programs relating to behavioral health services, and it requires the ACF to report on post-adoption and guardianship services.
The title takes effect on October 1, 2025.
TITLE II--STRENGTHENING STATE AND TRIBAL CHILD SUPPORT
Strengthening State and Tribal Child Support Enforcement Act
This title permits tribal child support enforcement agencies to access the Federal Tax Refund Offset Program to collect past-due child support payments from the federal tax refunds of noncustodial parents.
Additionally, the title authorizes the Internal Revenue Service and the Social Security Administration to disclose certain tax return information to tribal child support enforcement agencies. Such information may be disclosed to establish and collect child support obligations from, and to locate, those individuals owing such obligations. The title also explicitly authorizes state and tribal child support enforcement agencies to disclose necessary information to contractors for these purposes.
The title also permits the ACF to reimburse tribal agencies for certain reporting costs related to the Federal Parent Locator Service.
[118th Congress Public Law 258]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2947]]
Public Law 118-258
118th Congress
An Act
To reauthorize child welfare programs under part B of title IV of the
Social Security Act and strengthen the State and tribal child support
enforcement program under part D of such title, and for other
purposes. <<NOTE: Jan. 4, 2025 - [H.R. 9076]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Supporting
America's Children and Families Act.>>
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This Act may be cited as the ``Supporting America's Children and
Families Act''.
TITLE I <<NOTE: Protecting America's Children by Strengthening Families
Act.>> --CHILD WELFARE REAUTHORIZATION AND MODERNIZATION
SEC. 101. SHORT TITLE; REFERENCES.
(a) <<NOTE: 42 USC 1305 note.>> Short Title.--This title may be
cited as the ``Protecting America's Children by Strengthening Families
Act''.
(b) References.--Except as otherwise expressly provided, wherever in
this title an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.
SEC. 102. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 101. Short title; references.
Sec. 102. Table of contents.
Sec. 103. Reauthorization of child welfare programs.
Sec. 104. Enhancements to the court improvement program.
Sec. 105. Expanding regional partnership grants to address parental
substance use disorder as cause of child removal.
Sec. 106. Modernization; reducing administrative burden.
Sec. 107. Streamlining funding for Indian tribes.
Sec. 108. Accelerating access to Family First prevention services.
Sec. 109. Strengthening support for youth aging out of foster care.
Sec. 110. Recognizing the importance of relative and kinship caregivers.
Sec. 111. Avoiding neglect by addressing poverty.
Sec. 112. Strengthening support for caseworkers.
Sec. 113. Demonstration projects for improving relationships between
incarcerated parents and children in foster care.
Sec. 114. Guidance to States on improving data collection and reporting
for youth in residential treatment programs.
Sec. 115. Streamlining research, training, and technical assistance
funding.
Sec. 116. Report on post adoption and subsidized guardianship services.
Sec. 117. Effective date.
[[Page 138 STAT. 2948]]
SEC. 103. REAUTHORIZATION OF CHILD WELFARE PROGRAMS.
(a) Reauthorization of Subpart 1; Discretionary Funding.--Section
425 (42 U.S.C. 625) is amended by striking ``2017 through 2023'' and
inserting ``2025 through 2029''.
(b) Reauthorization of Subpart 2; Enhanced Support.--Section 436(a)
(42 U.S.C. 629f(a)) is amended by striking ``each of fiscal years 2017
through 2023'' and inserting ``fiscal year 2025 and $420,000,000 for
each of fiscal years 2026 through 2029''.
(c) Reauthorization of Subpart 2; Discretionary Funding.--Section
437(a) (42 U.S.C. 629g(a)) is amended by striking ``2017 through 2023''
and inserting ``2025 through 2029''.
(d) Funding Limitation.--Section 423(a)(2)(A) (42 U.S.C.
623(a)(2)(A)) is amended by inserting ``, not to exceed $10,000,000''
before the semicolon.
SEC. 104. ENHANCEMENTS TO THE COURT IMPROVEMENT PROGRAM.
(a) Increase in Reservation of Funds.--Section 436(b)(2) (42 U.S.C.
629f(b)(2)) is amended by inserting ``for fiscal year 2025 and
$40,000,000 for fiscal year 2026 and each succeeding fiscal year''
before ``for grants''.
(b) Extension of State Match Requirement.--Section 438(d) (42 U.S.C.
629h(d)) is amended by striking ``2017 through 2023'' and inserting
``2025 through 2029''.
(c) Program Improvements.--Section 438(a) (42 U.S.C. 629h(a)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(F) that determine the appropriateness and best
practices for use of technology to conduct remote
hearings, subject to participant consent, including to
ensure maximum participation of individuals involved in
proceedings and to enable courts to maintain operations
in times of public health or other emergencies;'';
(2) in paragraph (2)(C), by striking ``personnel.'' and
inserting ``personnel and supporting optimal use of remote
hearing technology; and''; and
(3) by adding at the end the following:
``(3) to ensure continuity of needed court services, prevent
disruption of the services, and enable their recovery from
threats such as public health crises, natural disasters or
cyberattacks, including through--
``(A) support for technology that allows court
proceedings to occur remotely subject to participant
consent, including hearings and legal representation;
``(B) the development of guidance and protocols for
responding to the occurrences and coordinating with
other agencies; and
``(C) other activities carried out to ensure backup
systems are in place.''.
(d) Implementation Guidance on Sharing Best Practices for
Technological Changes Needed for Remote Court Proceedings for Foster
Care or Adoption.--Section 438 (42 U.S.C. 629h) is amended by adding at
the end the following:
``(e) Guidance.--
``(1) <<NOTE: Time period.>> In general.--Every 5 years,
the Secretary shall issue implementation guidance for sharing
information on best practices for--
[[Page 138 STAT. 2949]]
``(A) technological changes needed for court
proceedings for foster care, guardianship, or adoption
to be conducted remotely in a way that maximizes
engagement and protects the privacy of participants; and
``(B) the manner in which the proceedings should be
conducted.
``(2) <<NOTE: Deadline.>> Initial issuance.--The Secretary
shall issue initial guidance required by paragraph (1) with
preliminary information on best practices not later than October
1, 2025.
``(3) Additional consultation.--The Secretary shall consult
with Indian tribes on the development of appropriate guidelines
for State court proceedings involving Indian children to
maximize engagement of Indian tribes and provide appropriate
guidelines on conducting State court proceedings subject to the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).''.
SEC. 105. EXPANDING REGIONAL PARTNERSHIP GRANTS TO ADDRESS
PARENTAL SUBSTANCE USE DISORDER AS CAUSE
OF CHILD REMOVAL.
(a) Increase in Reservation of Funds.--Section 436(b)(5) (42 U.S.C.
629f(b)(5)) is amended by striking ``each of fiscal years 2017 through
2023'' and inserting ``fiscal year 2025 and $30,000,000 for fiscal year
2026 and each succeeding fiscal year''.
(b) Reauthorization.--Section 437(f) (42 U.S.C. 629g(f)) is
amended--
(1) in paragraph (3)(A)--
(A) by striking ``In addition to amounts authorized
to be appropriated to carry out this section, the'' and
inserting ``The''; and
(B) by striking ``2017 through 2023'' and inserting
``2025 through 2029''; and
(2) in paragraph (10), by striking ``for each of fiscal
years 2017 through 2023''.
(c) Authority to Waive Planning Phase.--Section 437(f)(3)(B)(iii)
(42 U.S.C. 629g(f)(3)(B)(iii)) is amended--
(1) by striking all that precedes ``grant awarded'' and
inserting the following:
``(iii) Sufficient planning.--
``(I) In general.--A''; and
(2) by striking ``may not exceed $250,000, and''; and
(3) by adding after and below the end the following:
``(II) Exception.--The Secretary, on
a case-by-case basis, may waive the
planning phase for a partnership that
demonstrates that the partnership has
engaged in sufficient planning before
submitting an application for a grant
under this subsection.''.
(d) Expanding Availability of Evidence-based Services.--
(1) In general.--Section 437(f)(1) (42 U.S.C. 629g(f)(1)) is
amended by inserting ``, and expand the scope of the evidence-
based services that may be approved by the clearinghouse
established under section 476(d)'' before the period.
(2) Considerations for awarding grants.--Section 437(f)(7)
(42 U.S.C. 629g(f)(7)) is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
[[Page 138 STAT. 2950]]
(C) by adding at the end the following:
``(F) have submitted information pursuant to
paragraph (4)(F) that demonstrates the capability to
participate in rigorous evaluation of program
effectiveness.''.
(e) Technical Assistance on Using Regional Partnership Grant Funds
in Coordination With Other Federal Funds to Better Serve Families
Affected by a Substance Use Disorder.--Section 435(d) (42 U.S.C.
629e(d)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) use grants under section 437(f) in coordination with
other Federal funds to better serve families in the child
welfare system that are affected by a substance use disorder.''.
(f) Performance Indicators.--Section 437(f)(8)(A) (42 U.S.C.
629g(f)(8)(A)) is amended in the 1st sentence--
(1) by striking ``this subsection'' the 1st place it appears
and inserting ``the Protecting America's Children by
Strengthening Families Act'';
(2) by inserting ``child permanency, reunification, re-entry
into care,'' before ``parental recovery''; and
(3) by inserting ``, and access to services for families
with substance use disorder, including those with children who
are overrepresented in foster care, difficult to place, or have
disproportionately low permanency rates'' before the period.
(g) Performance Indicator Consultation Required.--Section
437(f)(8)(B) (42 U.S.C. 629g(f)(8)(B)) is amended by redesignating
clause (iii) as clause (iv) and inserting after clause (ii) the
following:
``(iii) The Administrator of the National
Institute on Drug Abuse.''.
(h) Reports to Congress.--Section 437(f)(9)(B) (42 U.S.C.
629g(f)(9)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) whether any programs funded by the
grants were submitted to the clearinghouse
established under section 476(d) for review and
the results of any such review.''.
(i) Priority for Statewide Service Growth.--Section 437(f)(7) (42
U.S.C. 629g(f)(7)), as amended by subsection (d)(2) of this section, is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) are a State or public agency, or outline a
plan to increase the availability of services funded
under the grant statewide.''.
(j) Addition of Juvenile Court as Required Partner.--Section
437(f)(2)(A) (42 U.S.C. 629g(f)(2)(A)) is amended by adding at the end
the following:
``(iii) The most appropriate administrative
office of the juvenile court or State court
overseeing court
[[Page 138 STAT. 2951]]
proceedings involving families who come to the
attention of the court due to child abuse or
neglect.''.
(k) Additional Optional Partner.--Section 437(f)(2)(C) (42 U.S.C.
629g(f)(2)(C)) is amended by redesignating clause (ix) as clause (x) and
inserting after clause (viii) the following:
``(ix) State or local agencies that administer
Federal health care, housing, family support, or
other related programs.''.
(l) Conforming Amendments.--
(1) Section 437(f)(2)(D) (42 U.S.C. 629g(f)(2)(D)) is
amended--
(A) by adding ``and'' at the end of clause (i);
(B) by striking ``; and'' at the end of clause (ii)
and inserting a period; and
(C) by striking clause (iii).
(2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is amended by
striking subparagraph (B) and redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respectively.
SEC. 106. MODERNIZATION; REDUCING ADMINISTRATIVE BURDEN.
(a) In General.--Section 431 (42 U.S.C. 629a) is amended by adding
at the end the following:
``(c) Use of Technology.--
``(1) Use of portal.--The services referred to in subsection
(a) may include the means of access to and use of an electronic
or digital portal to facilitate the provision of community
support to care for and meet specific needs of families and
children.
``(2) Limitation.--Such a portal shall not retain or share
personally identifiable information about a beneficiary without
consent or for any purpose other than referral.''.
(b) Allowing Support for Family Resource Centers.--Section 431(a)
(42 U.S.C. 629a(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, including services
provided by family resource centers,'' before ``designed''; and
(2) by adding at the end the following:
``(10) Family resource center.--
``(A) <<NOTE: Definition.>> In general.--The term
`family resource center' means a community or school-
based hub of support services for families that--
``(i) utilizes an approach that is multi-
generational, strengths-based, and family-
centered;
``(ii) reflects, and is responsive to,
community needs and interests;
``(iii) provides support at no or low cost for
participants; and
``(iv) builds communities of peer support for
families, including kinship families, to develop
social connections that reduce isolation and
stress.
``(B) Special rule.--For purposes of this subpart,
an expenditure for a service provided by a family
resource center may be treated as an expenditure for any
1 or more of family support services, family
preservation services, family reunification services, or
adoption promotion and support services as long as the
expenditure is related to serving the children and
families in the specified category and consistent with
the overall purpose of the category.''.
[[Page 138 STAT. 2952]]
(c) Updating State Plan Requirement.--Section 422(b)(1) (42 U.S.C.
622(b)(1)) is amended to read as follows:
``(1) provide that a State agency will administer or
supervise the administration of the plan under this subpart;''.
(d) Access to Legal Representation.--Section 422(b)(4) (42 U.S.C.
622(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) the steps that the State will take to ensure
that, with respect to any judicial proceeding involving
a child and in which there is an allegation of child
abuse or neglect, including a proceeding on dependency,
adoption, guardianship, or termination of parental
rights, information about available independent legal
representation is provided to--
``(i) the child, as appropriate; and
``(ii) any individual who is a parent or
guardian, or has legal custody, of the child;''.
(e) Supporting Mental Health and Well-being of Children in Foster
Care.--Section 422(b)(15)(A) (42 U.S.C. 622(b)(15)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``and, if applicable, the State
agency responsible for mental health services,'' before
``and in consultation''; and
(B) by inserting ``mental health providers,'' before
``other experts'';
(2) in clause (ii), by inserting ``a list of services
provided to support the physical and'' before ``emotional'';
(3) in clause (iv), by inserting ``and mental health''
before ``services'';
(4) in clause (v), by inserting ``, informed consent of
youth, and compliance with professional practice guidelines''
before the semicolon; and
(5) in clause (vi), by inserting ``, licensed mental health
providers,'' before ``or other''.
(f) Reduction of Administrative Burden.--
(1) In general.--Subpart 3 of part B of title IV (42 U.S.C.
629m) is amended by redesignating section 440 as section 443 and
inserting before such section the following:
``SEC. <<NOTE: 42 USC 629k.>> 441. REDUCTION OF ADMINISTRATIVE
BURDEN.
``(a) In General.--The Secretary shall reduce the burden of
administering this part imposed on the recipients of funds under this
part, by--
``(1) <<NOTE: Review. Revision. Data.>> reviewing and
revising administrative data collection instruments and forms to
eliminate duplication and streamline reporting requirements for
the recipients while collecting all data required under this
part;
``(2) <<NOTE: Analysis.>> in coordination with activities
required under the Paperwork Reduction Act, conducting an
analysis of the total number of hours reported by the recipients
to comply with paperwork requirements and exploring, in
consultation with the recipients, how to reduce the number of
hours required for the compliance by at least 15 percent;
``(3) collecting input from the recipients with respect to
fiscal and oversight requirements and making changes to
[[Page 138 STAT. 2953]]
ensure consistency with standards and guidelines for other
Federal formula grant programs based on the input; and
``(4) respecting the sovereignty of Indian tribes when
complying with this subsection.
``(b) Limitation on Applicability.--Subsection (a) of this section
shall not apply to any reporting or data collection otherwise required
by law that would affect the ability of the Secretary to monitor and
ensure compliance with State plans approved under this part or ensure
that funds are expended consistent with this part.
``SEC. 442. <<NOTE: 42 USC 6291.>> PUBLIC ACCESS TO STATE PLANS.
``The Secretary shall--
``(1) create a standardized format for State plans required
under sections 422 and 432 used to monitor compliance with those
sections;
``(2) <<NOTE: Analyses.>> produce comparisons and analyses
of trends in State plans to inform future technical assistance
and policy development;
``(3) <<NOTE: Public information. Web posting.>> make the
State plans available on a public website; and
``(4) <<NOTE: Summaries.>> include on the website
aggregated national summaries of State submissions as the
Secretary deems appropriate.''.
(2) <<NOTE: Deadline. 42 USC 629k note.>> Implementation.--
Within 2 years after the date of the enactment of this Act, the
Secretary of Health and Human Services shall--
(A) <<NOTE: Compliance.>> comply with section 441
of the Social Security Act, as added by the amendment
made by paragraph (1); and
(B) <<NOTE: Notification.>> notify each recipient
of funds under part B of title IV of the Social Security
Act of any change made by the Secretary pursuant to such
section affecting the recipient.
(3) Report.--Within 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report describing the efforts of the Secretary to comply with
section 441 of the Social Security Act, as added by the
amendment made by paragraph (1), including the specific actions
to comply with each paragraph of such section.
(g) Primary Prevention Partners.--Section 435(a)(2)(B) (42 U.S.C.
429e(a)(2)(B)) is amended by inserting ``including community-based
partners with expertise in preventing unnecessary child welfare system
involvement'' before the semicolon.
SEC. 107. STREAMLINING FUNDING FOR INDIAN TRIBES.
(a) Subpart 1.--
(1) Tribal set-aside; direct payments to tribes; exemptive
authority.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by striking subsections (a) and (b) and
inserting the following:
``(a) <<NOTE: Grants.>> Reservation of Funds; Direct Payments.--Out
of any amount appropriated pursuant to section 425 for a fiscal year,
the Secretary shall reserve 3 percent for grants to Indian tribes and
tribal organizations, which shall be paid directly to Indian
[[Page 138 STAT. 2954]]
tribes and tribal organizations with a plan approved under this subpart,
in accordance with section 433(a).''.
(B) Conforming amendment.--Section 423(a) (42 U.S.C.
623(a)) is amended by striking ``the sum appropriated
pursuant to section 425 for each fiscal year'' and
inserting ``for each fiscal year, the sum appropriated
pursuant to section 425 remaining after applying section
428(a)''.
(C) Technical amendment.--Section 428(c) (42 U.S.C.
628(c)) is amended by striking ``450b'' and inserting
``5304''.
(2) Improving compliance with the indian child welfare
act.--
(A) State plan requirement.--Section 422(b)(9) (42
U.S.C. 622(b)(9)) is amended by striking ``Act;'' and
inserting ``Act of 1978, including how the State will
ensure timely notice to Indian tribes of State custody
proceedings involving Indian children, foster care or
adoptive placements of Indian children, and case
recordkeeping as such matters relate to transfers of
jurisdiction, termination of parental rights, and active
efforts;''.
(B) Technical assistance.--Subpart 1 of part B of
title IV (42 U.S.C. 621 et seq.) is amended by adding at
the end the following:
``SEC. 429B. <<NOTE: 42 USC 628d.>> EFFECTIVE IMPLEMENTATION OF
THE INDIAN CHILD WELFARE ACT OF 1978.
``(a) <<NOTE: Deadline. Plan.>> In General.--Not later than October
1, 2025, the Secretary, in consultation with Indian tribal organizations
and States, shall develop a plan and provide technical assistance
supporting effective implementation of the Indian Child Welfare Act of
1978, including specific measures identified in State plans as required
by section 422(b)(9) of this Act. <<NOTE: Assessment.>> The technical
assistance plan shall be based on data sufficient to assess State
strengths and areas for improvement in implementing Federal standards
established under the Indian Child Welfare Act of 1978, including, at a
minimum, the following:
``(1) Timely identification of Indian children and extended
family members.
``(2) Timely tribal notice of State child custody
proceedings involving an Indian child.
``(3) Reports of cases in which a transfer of jurisdiction
(as defined under the Indian Child Welfare Act of 1978) was
granted or was not granted, and reasons specified for denial in
cases where transfer was denied.
``(4) In cases in which a State court orders a foster care
placement of an Indian child, whether requirements for active
efforts to prevent the breakup of the Indian family, testimony
of a qualified expert witness, and evidentiary standards were
met.
``(5) Whether an Indian child was placed in a placement that
is required to be preferred under the Indian Child Welfare Act
of 1978, and if not, the reasons specified.
``(6) In cases in which a State court orders the termination
of parental rights to an Indian child, whether requirements for
active efforts to prevent the breakup of the Indian family,
testimony of a qualified expert witness, and evidentiary
standards were met.
[[Page 138 STAT. 2955]]
``(b) <<NOTE: Guidance.>> Interagency Coordination.--On request of
the Secretary, the Secretary of the Interior shall provide the Secretary
with such guidance and assistance as may be necessary to facilitate
informing States and public child welfare agencies on how to comply with
the Indian Child Welfare Act of 1978, including specific measures
identified in State plans as required by section 422(b)(9) of this Act.
``(c) Biennial Reports to Congress.--The Secretary shall biennially
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a written
report on how--
``(1) the States are complying with the Indian Child Welfare
Act of 1978 and section 422(b)(9) of this Act, as informed by
data collected under this section; and
``(2) the Secretary is assisting States and Indian tribes to
improve implementation of Federal standards established under
the Indian Child Welfare Act of 1978.''.
(3) Reporting requirements; administrative costs.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by redesignating subsection (c) as subsection
(d) and inserting before such subsection the following:
``(b) Authority to Streamline Reporting Requirements.--The Secretary
shall, in consultation with the affected Indian tribes, modify any
reporting requirement imposed by or under this part on an Indian tribe,
tribal organization, or tribal consortium if the total of the amounts
allotted to the Indian tribe, tribal organization, or tribal consortium
under this part for the fiscal year is not more than $50,000, and in a
manner that limits the administrative burden on any tribe to which not
more than $50,000 is allotted under this subpart for the fiscal year.
``(c) Tribal Authority to Substitute the Federal Negotiated Indirect
Cost Rate for Administrative Costs Cap.--For <<NOTE: Applicability.>>
purposes of sections 422(b)(14) and 424(e), an Indian tribal
organization may elect to have the weighted average of the indirect cost
rates in effect under part 220 of title 2, Code of Federal Regulations
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
(B) Conforming amendments.--Section 431(a) (42
U.S.C. 629a(a)) is amended in each of paragraphs (5) and
(6) by striking ``428(c)'' and inserting ``428(d)''.
(b) Subpart 2.--
(1) Tribal plan exemption.--Section 432(b)(2)(B) (42 U.S.C.
629b(b)(2)(B)) is amended--
(A) by striking ``section 433(a)'' the 1st place it
appears and inserting ``sections 433(a) and 437(c)(1)
combined''; and
(B) by striking ``section 433(a)'' the 2nd place it
appears and inserting ``such sections''.
(2) Application of tribal set-aside before other set-
asides.--Section 436(b)(3) (42 U.S.C. 429f(b)(3)) is amended by
striking ``After applying paragraphs (4) and (5) (but before
applying paragraphs (1) or (2)), the'' and inserting ``The''.
(3) Increase in funding for tribal court improvement
program.--Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended by
inserting ``for fiscal year 2025, and $2,000,000 for each of
fiscal years 2026 through 2029,'' before ``for grants''.
[[Page 138 STAT. 2956]]
SEC. 108. <<NOTE: Grants.>> ACCELERATING ACCESS TO FAMILY FIRST
PREVENTION SERVICES.
(a) In General.--Section 435 (42 U.S.C. 629e) is amended by adding
at the end the following:
``(f) Prevention Services Evaluation Partnerships.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to support
the timely evaluation of--
``(A) services and programs described in section
471(e); or
``(B) kinship navigator programs described in
section 474(a)(7).
``(2) Grants.--In accordance with applications approved
under this subsection, the Secretary may make grants, on a
competitive basis, to eligible entities to carry out projects
designed to evaluate a service or program provided by the
eligible entity, or an entity in partnership with the eligible
entity, with respect to the requirements for a promising
practice, supported practice, or well-supported practice
described in section 471(e)(4)(C).
``(3) Applications.--
``(A) In general.--An eligible entity may apply to
the Secretary for a grant under this subsection to carry
out a project that meets the following requirements:
``(i) The project is designed in accordance
with paragraph (2).
``(ii) The project is to be carried out by the
applicant in partnership with--
``(I) a State agency that
administers, or supervises the
administration of, the State plan
approved under part E, or an agency
administering the plan under the
supervision of the State agency; and
``(II) if the applicant is unable or
unwilling to do so, at least 1 external
evaluator to carry out the evaluation of
the service or program provided by the
applicant.
``(B) <<NOTE: Certifications.>> Contents.--The
application shall contain the following:
``(i) A description of the project,
including--
``(I) a statement explaining why a
grant is necessary to carry out the
project; and
``(II) the amount of grant funds
that would be disbursed to each entity
described in subparagraph (A)(ii) in
partnership with the applicant.
``(ii) A certification from each entity
described in subparagraph (A)(ii) that provides
assurances that the individual or entity is in
partnership with the applicant and will fulfill
the responsibilities of the entity specified in
the description provided pursuant to clause (i) of
this subparagraph.
``(iii) A certification from the applicant
that provides assurances that the applicant
intends to comply with subparagraph (A)(ii)(II),
if applicable.
``(iv) At the option of the eligible entity, a
certification from the applicant that the
applicant requires
[[Page 138 STAT. 2957]]
an external evaluator secured by the Secretary
pursuant to paragraph (5), if applicable.
``(4) Priorities.--In approving applications under this
subsection, the Secretary shall prioritize the following:
``(A) Addressing, with respect to the clearinghouse
of practices described in section 476(d)(2),
deficiencies or gaps identified by the Secretary in
consultation with--
``(i) States, political subdivisions of a
State, and tribal communities carrying out, or
receiving the benefits of, a service or program;
and
``(ii) child welfare experts, including
individuals with lived experience.
``(B) Maximizing the number of evidence-based
services or programs to be included in the clearinghouse
of practices described in section 476(d)(2).
``(C) Timely completion of evaluations and the
production of evidence.
``(D) Supporting services or programs that are based
on, or are adaptations to new population settings of, a
service or program with reliable evidence about the
benefits and risks of the service or program.
``(5) Availability of external evaluators.--
``(A) In general.--Before accepting applications
under this subsection, the Secretary shall make
reasonable efforts to identify at least 1 entity to
serve as an external evaluator for any eligible entity
that includes a certification under paragraph (3)(B)(iv)
with an application under this subsection.
``(B) No effect on consideration of application.--
The Secretary may not consider whether an eligible
entity is in partnership with an external evaluator
described in paragraph (A) in approving an application
under this subsection submitted by the eligible entity.
``(6) Reports.--
``(A) <<NOTE: Time periods.>> By grant
recipients.--Within 1 year after receiving a grant under
this subsection, and every year thereafter for the next
5 years, the grant recipient shall submit to the
Secretary a written report on--
``(i) the use of grant funds;
``(ii) whether the program or service
evaluated by the project meets a requirement
specified in section 471(e)(4)(C), including
information about--
``(I) how the program or service is
being carried out in accordance with
standards specified in the requirement;
``(II) any outcomes of the program
or service; and
``(III) any outcome with respect to
which the service or program compares
favorably to a comparison practice; and
``(iii) whether the Secretary has included the
program or service in an update to the
clearinghouse of practices described in section
476(d)(2).
``(B) By the secretary.--The Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the
Senate an annual written report on--
[[Page 138 STAT. 2958]]
``(i) the grants awarded under this
subsection;
``(ii) the programs funded by the grants;
``(iii) any technical assistance provided by
the Secretary in carrying out this subsection,
including with respect to the efforts to secure
external evaluators pursuant to paragraph (5); and
``(iv) any efforts by the Secretary to support
program evaluation and review pursuant to section
471(e) and inclusion of programs in the pre-
approved list of services and programs described
in section 471(e)(4)(D) or the clearinghouse of
practices described in section 476(d)(2).
``(7) Funding.--
``(A) Limitations.--Of the amounts available to
carry out this subsection, the Secretary may use not
more than 5 percent to provide technical assistance.
``(B) Carryover.--Amounts made available to carry
out this subsection shall remain available until
expended.
``(8) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means any of the following providing a service or
program or, in the sole determination of the Secretary,
able to provide a service or program if awarded a grant
under this subsection:
``(i) A State, a political subdivision of a
State, or an agency or department of a State or
political subdivision of a State.
``(ii) An entity described in subparagraph (A)
or (B) of section 426(a)(1).
``(iii) An Indian tribe or tribal
organization.
``(B) External evaluator.--The term `external
evaluator' means an entity with the ability and
willingness to evaluate a service or program pursuant to
paragraph (2) that is not provided by the entity.
``(C) Service or program.--The term `service or
program'--
``(i) means a service or program described in
section 471(e); and
``(ii) includes a kinship navigator program
described in section 474(a)(7).''.
(b) Funding.--Section 437(b) (42 U.S.C. 629g(b)) is amended by
adding at the end the following:
``(5) Preventive services evaluation partnerships.--The
Secretary shall reserve $5,000,000 for grants under section
435(f) for each of fiscal years 2026 through 2029.''.
SEC. 109. STRENGTHENING SUPPORT FOR YOUTH AGING OUT OF FOSTER
CARE.
(a) Caseworker Visits.--Section 422(b)(17) (42 U.S.C. 622(b)(17)) is
amended by inserting ``, and include a description of how the State may
offer virtual caseworker visits to youth in care who have attained the
age of 18 years and provided informed consent for virtual visits''
before the semicolon.
(b) Youth and Family Engagement in Child Welfare Program Planning.--
Section 432(b)(1) (42 U.S.C. 629b(b)(1)) is amended to read as follows:
[[Page 138 STAT. 2959]]
``(1) <<NOTE: Approval. Plan.>> In general.--The Secretary
shall approve a plan that meets the requirements of subsection
(a) only if--
``(A) the plan was developed jointly by the
Secretary and the State, and the State, in developing
the plan, consulted with--
``(i) appropriate public and nonprofit private
agencies;
``(ii) community-based organizations involved
in providing services for children and families in
the areas of family preservation, family support,
family reunification, foster care, kinship, and
adoption promotion and support;
``(iii) parents with child welfare experience,
foster parents, adoptive parents, and kinship
caregivers; and
``(iv) children, youth, and young adults with
experience in the child welfare system, including
State boards and councils comprised of youth with
lived experience who represent the diversity of
children in the State to whom the plan would
apply; and
``(B) <<NOTE: Public information. Web posting.>>
the State has made publicly accessible on a website of
the State agency a report that outlines how the State
has implemented the suggestions of the children and
youth referred to in subparagraph (A)(iv).''.
SEC. 110. RECOGNIZING THE IMPORTANCE OF RELATIVE AND KINSHIP
CAREGIVERS.
(a) In General.--Section 431(a) (42 U.S.C. 629a(a)), as amended by
section 106(b)(2) of this Act, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``children'' and inserting
``children, youth,''; and
(ii) by striking ``adoptive and extended'' and
inserting ``kinship and adoptive'';
(B) in subparagraph (D), by striking ``parents and
other caregivers (including foster parents)'' and
inserting ``parents, kinship caregivers, and foster
parents'';
(C) by striking ``and'' at the end of subparagraph
(E);
(D) by striking the period at the end of
subparagraph (F) and inserting `` ; and''; and
(E) by adding at the end the following:
``(G)(i) peer-to-peer mentoring and support programs
with demonstrated experience fostering constructive
relationships between children and families and mentors
with relevant lived experience or interactions with the
child welfare system; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services, as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.'';
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``children'' and
inserting ``children, youth,''; and
[[Page 138 STAT. 2960]]
(B) in clause (ii), by striking ``extended'' and
inserting ``kinship'';
(3) in paragraph (7)(A), by inserting ``with kinship
caregivers or'' before ``in a foster family home''; and
(4) by adding at the end the following:
``(11) <<NOTE: Definition.>> Youth.--The term `youth' means
an individual who has not attained 26 years of age.''.
(b) Kinship Navigators.--
(1) In general.--Section 427 (42 U.S.C. 627) is amended--
(A) in the section heading, by striking ``family
connection grants'' and inserting ``kinship
navigators'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by
striking ``helping'' and inserting ``administering
programs to help'';
(ii) by striking ``of--'' and all that follows
through ``a kinship'' and inserting ``of a
kinship'';
(iii) in paragraph (1)(C)--
(I) by striking ``and'' at the end
of clause (iii);
(II) by adding ``and'' at the end of
clause (iv); and
(III) by adding at the end the
following:
``(v) connections to individualized
assistance, as needed;'';
(iv) by striking paragraphs (2) through (4);
(v) by redesignating subparagraphs (A) through
(G) of paragraph (1) as paragraphs (1) through
(7), respectively;
(vi) by redesignating clauses (i) through (iv)
and clause (v) (as added by clause (iii)(III) of
this subparagraph) as subparagraphs (A) through
(E), respectively;
(vii) by moving each provision so redesignated
2 ems to the left; and
(viii) by striking ``caregiving;'' and
inserting ``caregiving.'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``1 or more
of'';
(ii) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5), respectively, and
inserting after paragraph (2) the following:
``(3) <<NOTE: Evaluation. Publication. Reimbursement.>> a
description of how the entity will directly fund, or provide
data to the Secretary for, an evaluation which will publish and
submit information to the clearinghouse described in section
476(d)(2) and which is designed to meet the requirements of
section 471(e)(4)(C), or a description of how the funds will be
used to help the State transition to a program for which the
State will seek reimbursement under section 474(a)(7);'';
(iii) in paragraph (4) (as so redesignated),
by striking ``and'' at the end;
(iv) in paragraph (5) (as so redesignated), by
striking the period and inserting ``; and''; and
(v) by adding at the end the following:
``(6) if the entity is a State, local or tribal child
welfare agency--
[[Page 138 STAT. 2961]]
``(A) documentation of support from a relevant
community-based organization with experience serving
kinship families when applicable; or
``(B) a description of how the organization plans to
coordinate its services and activities with those
offered by the relevant community-based
organizations.'';
(D) by striking subsection (d) and inserting the
following:
``(d) Federal Share.--An entity to which a grant is made under this
section may use the grant to pay not more than 75 percent of the cost of
the activities to be carried out by the entity pursuant to this
section.'';
(E) in subsection (g)--
(i) by striking all that precedes ``2
percent'' and inserting the following:
``(g) Reservation of Funds for Technical Assistance.--The Secretary
may reserve''; and
(ii) by striking ``subsection (h)'' the 2nd
place it appears and inserting ``section
437(b)(6)''; and
(F) by striking subsection (h).
(2) Reservation of discretionary funds.--Section 437(b) (42
U.S.C. 629g(b)), as amended by section 108(b) of this Act, is
amended by adding at the end the following:
``(6) Kinship navigators.--The Secretary shall reserve
$10,000,000 for grants under section 427 for each of fiscal
years 2026 through 2029.''.
(3) Conforming amendment.--Section 474(a)(7) (42 U.S.C.
674(a)(7)) is amended by striking ``427(a)(1)'' and inserting
``427(a)''.
SEC. 111. AVOIDING NEGLECT BY ADDRESSING POVERTY.
(a) Family Preservation Services.--Section 431(a)(1) (42 U.S.C.
629a(a)(1)), as amended by section 110(a)(1) of this Act, is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(H)(i) services providing nonrecurring short term
benefits (including supports related to housing
instability, utilities, transportation, and food
assistance, among other basic needs) that address
immediate needs related to a specific crisis, situation,
or event affecting the ability of a child to remain in a
home established for the child that is not intended to
meet an ongoing need; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.''.
(b) State Plan Requirements.--Section 432(a) (42 U.S.C. 629b(a)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
[[Page 138 STAT. 2962]]
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) provides a description of policies in place,
including training for employees, to address child welfare
reports and investigations of neglect concerning the living
arrangements or subsistence needs of a child with the goal to
prevent the separation of a child from a parent of the child
solely due to poverty, to ensure access to services described in
section 431(a)(1)(H).''.
SEC. 112. STRENGTHENING SUPPORT FOR CASEWORKERS.
(a) Reauthorization of, and Increase in Funding for, Caseworker
Visits.--Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)) is amended by
striking ``each of fiscal years 2017 through 2023'' and inserting
``fiscal year 2025 and $26,000,000 for fiscal year 2026 and each
succeeding fiscal year''.
(b) Minimum Grant Amount.--Section 433(e) (42 U.S.C. 629c(e)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) <<NOTE: Verification.>> Base allotment.--From the
amount reserved pursuant to section 436(b)(4)(A) for any fiscal
year, the Secretary shall first allot to each State (other than
an Indian tribe) that has provided to the Secretary such
documentation as may be necessary to verify that the
jurisdiction has complied with section 436(b)(4)(B)(ii) during
the fiscal year, a base allotment of $100,000, and shall then
allot to each of those States an amount determined in paragraph
(2) or (3) of this subsection, as applicable.
``(2) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year,
the Secretary shall allot to each jurisdiction specified in
subsection (b) of this section to which a base allotment is made
under such paragraph (1) an amount determined in the same manner
as the allotment to each of such jurisdictions is determined
under section 423 (without regard to the initial allotment of
$70,000 to each State).
``(3) <<NOTE: Applicability.>> Other states.--From the
amount reserved pursuant to section 436(b)(4)(A) for any fiscal
year that remains after applying paragraphs (1) and (2) of this
subsection for the fiscal year, the Secretary shall allot to
each State (other than an Indian tribe) not specified in
subsection (b) of this section to which a base allotment was
made under paragraph (1) of this subsection an amount equal to
such remaining amount multiplied by the supplemental nutrition
assistance program benefits percentage of the State (as defined
in subsection (c)(2) of this section) for the fiscal year,
except that in applying subsection (c)(2)(A) of this section,
`subsection (e)(3)' shall be substituted for `such paragraph
(1)'.''.
(c) Requirement to Use Funds to Improve Quality of Caseworker Visits
With Foster Children.--Section 436(b)(4)(B)(i) (42 U.S.C.
629f(b)(4)(B)(i)) is amended to read as follows:
``(i) In general.--A State to which an amount
is paid from amounts reserved under subparagraph
(A) shall use the amount to improve the quality of
monthly caseworker visits with children who are in
[[Page 138 STAT. 2963]]
foster care under the responsibility of the State,
with an emphasis on--
``(I) reducing caseload ratios and
the administrative burden on
caseworkers, to improve caseworker
decision making on the safety,
permanency, and well-being of foster
children and on activities designed to
increase retention, recruitment, and
training of caseworkers;
``(II) implementing technology
solutions to streamline caseworker
duties and modernize systems, ensuring
improved efficiency and effectiveness in
child welfare services;
``(III) improving caseworker safety;
``(IV) mental health resources to
support caseworker well-being, including
peer-to-peer support programs; and
``(V) recruitment campaigns aimed at
attracting qualified caseworker
candidates.''.
(d) Elimination of Cost-share Penalty Tied to Monthly Caseworker
Visit Standard.--Section 424(f) (42 U.S.C. 624(f)) is amended--
(1) by striking ``(1)(A)''; and
(2) by striking paragraphs (1)(B) and (2).
SEC. 113. DEMONSTRATION PROJECTS FOR IMPROVING RELATIONSHIPS
BETWEEN INCARCERATED PARENTS AND CHILDREN
IN FOSTER CARE.
(a) In General.--Section 439 (42 U.S.C. 629i) is amended to read as
follows:
``SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION GRANTS TO
SUPPORT MEANINGFUL RELATIONSHIPS BETWEEN
FOSTER CHILDREN AND THE INCARCERATED
PARENTS OF THE CHILDREN.
``(a) Authority.--
``(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop, implement, and
provide support for programs that enable and sustain meaningful
relationships between covered foster children and the
incarcerated parents of the children.
``(2) Payment of annual installments.--The Secretary shall
pay each demonstration grant in 5 annual installments.
``(3) 1-year planning grants.--The Secretary may make a
planning grant to a recipient of a demonstration grant, to be
paid to the recipient 1 year before payment of the 1st annual
installment of the demonstration grant and in an amount not
greater than any installment of the demonstration grant, if--
``(A) the recipient includes a request for a
planning grant in the application under subsection (c);
and
``(B) <<NOTE: Determination.>> the Secretary
determines that a planning grant would assist the
recipient and improve the effectiveness of the
demonstration grant.
``(b) Eligible State Partnership Defined.--
``(1) In general.--In this section, the term `eligible State
partnership' means an agreement entered into by, at a minimum,
the following:
[[Page 138 STAT. 2964]]
``(A) The State child welfare agency responsible for
the administration of the State plans under this part.
``(B) The State agency responsible for adult
corrections.
``(2) Additional partners.--For purposes of this section, an
eligible State partnership may include any entity with
experience in serving incarcerated parents and their children.
``(3) Partnerships entered into by indian tribes or tribal
consortia.--Notwithstanding paragraph (1), if an Indian tribe or
tribal consortium enters into a partnership pursuant to this
section that does not consist solely of tribal child welfare
agencies (or a consortium of the agencies), the partnership
shall be considered an eligible State partnership for purposes
of this section.
``(c) Application Requirements.--An eligible State partnership
seeking a demonstration grant under this section to carry out a program
described in subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. The application shall include the
following:
``(1) <<NOTE: Summary.>> A summary of the program,
including how the program will support a meaningful relationship
between a covered foster child and an incarcerated parent of the
child.
``(2) A description of the activities to be carried out by
the program, which must include all of the activities described
in subsection (d) that are in the best interest of the covered
foster child.
``(3) <<NOTE: Framework.>> A framework for identifying--
``(A) each covered foster child eligible for
services under the program, including, to the extent
practicable, coordination of data between relevant State
child welfare agencies and court systems; and
``(B) the roles and responsibilities of the entities
in the partnership.
``(4) Documentation that the applicant is an eligible State
partnership.
``(5) <<NOTE: Records.>> Assurances that the applicant will
participate fully in the evaluation described in subsection
(f)(2) and shall maintain records for the program, including
demographic information disaggregated by relevant
characteristics with respect to covered foster children and
incarcerated parents who participate in the program.
``(d) Program Activities.--To the extent that the activities are in
the best interest of the covered foster child, the activities referred
to in subsection (c)(2) shall include the following:
``(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall promote
organizational policies of participating child welfare entities
and collaborating correctional facilities to promote meaningful
relationships through regular and developmentally appropriate
communication and visitation between covered foster children and
the incarcerated parents, including, when appropriate, the
following:
``(A) For child welfare entities--
``(i) inclusion of parents in case planning
and decision making for children;
``(ii) regular sharing of information and
responses to requests for information between
caseworkers and
[[Page 138 STAT. 2965]]
incarcerated parents with respect to the case
information of a child, any changes to a case,
permanency plans, requirements to maintain
parental rights, and any efforts to terminate
parental rights;
``(iii) appropriate opportunities for
incarcerated parents to demonstrate their
relationship with a covered foster child given
their incarceration, including training and
courses required for a service plan; and
``(iv) the enhanced visitation described in
paragraph (2).
``(B) For correctional facilities, fostering
visitation and communication that is developmentally
appropriate in terms of--
``(i) the nature of communication and
visitation, including--
``(I) the ability to physically
touch parents;
``(II) engaging with parents in
locations that are appropriate for the
age and development of the child;
``(III) exchanging items that are
appropriate to the age and development
of the child, include expectations that
are appropriate for the age and
development of the child related to
behavior, attire, and wait times; and
``(IV) allowing appropriate adults
to bring children if legal guardians are
not available to promote regular
contact;
``(ii) reasonable inclusion of all children of
the parent;
``(iii) communication and visitation at times
when the children are available;
``(iv) security procedures to comfort children
and be minimally invasive; and
``(v) promoting parent-child relationships
regardless of the sentence imposed on the parent.
``(2) Enhanced visitation.--
``(A) <<NOTE: Time periods.>> Grantees shall
facilitate weekly communication and, for at least 9 days
each year, in-person visitation between a covered foster
child and any incarcerated parent of the child.
``(B) Electronic visitation (such as live video
visits, phone calls, and recorded books) may be used but
shall not be the sole method to promote a meaningful
relationship for purposes of the grant.
``(C) Enhanced visitation programs shall--
``(i) integrate best practices for visitation
programs with incarcerated parents and their
children;
``(ii) <<NOTE: Policies. Procedures.>> adopt
developmentally appropriate visitation policies
and procedures such as those described in
paragraph (1)(B);
``(iii) reduce or eliminate the cost of
developmentally appropriate communication and
visitation for the covered foster child, which may
include the purchase of communication technology,
covering transportation, insurance, and lodging
costs, costs related to providing appropriate
visitation spaces and activities, and other
relevant costs;
[[Page 138 STAT. 2966]]
``(iv) to the extent practicable, integrate
appropriate parenting education to help prepare
and process visits; and
``(v) avoid restricting visitation and
communication as a punishment for the incarcerated
parents.
``(3) Training.--Grantees shall incorporate ongoing training
for child welfare workers, correctional facility staff, and
other program providers to understand the importance of
promoting meaningful relationships between children and
incarcerated parents.
``(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a covered
foster child to promote the relationship, access to services,
and coordination with the caseworkers of the covered foster
child to strengthen the relationship.
``(5) Legal assistance.--Grantees shall facilitate access to
necessary legal services and may use grant funds for services
that are not reimbursable under other Federal programs.
``(e) Federal Share.--The Federal share of the cost of any activity
carried out using a grant made under this section shall be not greater
than 75 percent.
``(f) Technical Assistance, Evaluations, and Reports.--
``(1) Technical assistance.--The Secretary shall provide
technical assistance with respect to grants under this section,
including by--
``(A) <<NOTE: Consultation.>> assisting grantees in
understanding best practices in promoting meaningful
relationships between incarcerated parents and their
children as well as consulting with appropriate
stakeholders when developing their programs;
``(B) <<NOTE: Analysis.>> assisting grantees with
establishing and analyzing implementation and
performance indicators; and
``(C) conducting an annual technical assistance and
training meeting and an annual grantee meeting so that
grantees can learn from the experiences of other
grantees.
``(2) Evaluations.--The Secretary shall conduct an
evaluation of program outcomes, including with respect to parent
and child well-being, parent-child interactions, parental
involvement, awareness of child development and parenting
practices, placement stability, and termination of parental
rights with respect to covered foster children and incarcerated
parents, to measure program effectiveness, as determined by the
Secretary, and identify opportunities for improved program
practices and implementation.
``(3) Reports to the congress.--
``(A) Initial report.--Not later than 3 years after
the date of the enactment of this section, the Secretary
shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of
the Senate a report that includes--
``(i) the number of applications for grants
under this section;
``(ii) the number of grants awarded, and the
amounts for each grant; and
``(iii) information on the grants, including--
``(I) interim results of the
evaluation described in paragraph (2);
[[Page 138 STAT. 2967]]
``(II) disaggregated data on covered
foster children and incarcerated
parents;
``(III) information on the
composition of eligible State
partnerships;
``(IV) best practices for
facilitating meaningful relationships
between covered foster children and
incarcerated parents; and
``(V) barriers to implementation or
expansion of programs funded under this
section.
``(B) Final report.--Not later than 6 years after
the date of the enactment of this section, the Secretary
shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of
the Senate a report that includes--
``(i) the final results of the evaluation
described in paragraph (2); and
``(ii) <<NOTE: Recommenda- tions.>>
recommendations for refinements to grant
requirements to improve program outcomes.
``(g) Authority of Secretary With Respect to Indian Tribes and
Tribal Organizations.--
``(1) <<NOTE: Determination.>> Waiver or modification of
requirements.--In making a grant to an Indian tribe or tribal
organization under this section, the Secretary may waive the
matching requirement of subsection (e) or modify an application
requirement imposed by or under subsection (c) if the Secretary
determines that the waiver or modification is appropriate to the
needs, culture, and circumstances of the Indian tribe or tribal
organization.
``(2) Evaluation.--The Secretary shall use tribally relevant
data in carrying out the evaluation under subsection (f)(2) with
respect to an Indian tribe or tribal organization.
``(h) <<NOTE: Time periods.>> Limitations on Authorization of
Appropriations.--There is authorized to be appropriated to the Secretary
not more than $35,000,000 for each of fiscal years 2026 through 2029 to
carry out this section.
``(i) Definition of Covered Foster Child.--In this section, the term
`covered foster child' means a child that--
``(1) is in foster care; and
``(2) has at least 1 parent incarcerated in a Federal,
State, or local correctional facility.''.
(b) Conforming Amendments.--
(1) Section 431(a)(2)(B)(vii) (42 U.S.C. 629a(a)(2)(B)(vii))
is amended by striking ``(as defined in section 439(b)(2))''.
(2) Section 431(a) (42 U.S.C. 629a(a)), as amended by
sections 106(b)(2) and 110(a)(4) of this Act, is amended by
adding at the end the following:
``(12) 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.''.
[[Page 138 STAT. 2968]]
SEC. 114. <<NOTE: 42 USC 622 note.>> GUIDANCE TO STATES ON
IMPROVING DATA COLLECTION AND REPORTING
FOR YOUTH IN RESIDENTIAL TREATMENT
PROGRAMS.
Within <<NOTE: Determination. Update. Revision.>> 2 years after the
date of the enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Department of Education, the
Administration for Children and Families, the Centers for Medicare and
Medicaid Services, the Administration for Community Living, the
Department of Justice, and other relevant policy experts, as determined
by the Secretary, shall issue and disseminate, or update and revise, as
applicable, guidance to State agencies in administering State plans
approved under parts B and E of title IV of the Social Security Act on
the following:
(1) Best practices for Federal and State agencies to collect
data and share information related to the well-being of youth
residing in residential treatment facilities, including those
facilities operating in multiple States or serving out-of-state
youth.
(2) Best practices on improving State collection and sharing
of data related to incidences of maltreatment of youth residing
in residential treatment facilities, including with respect to
meeting the requirement of section 471(a)(9)(A) of such Act for
such youth in foster care.
(3) Best practices on improving oversight of youth
residential programs receiving Federal funding, and research-
based strategies for risk assessment related to the health,
safety, and well-being of youth in the facilities.
SEC. 115. STREAMLINING RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE FUNDING.
(a) Repurposing Discretionary Research Set-aside.--Section 435(c)
(42 U.S.C. 629e(c)) is amended to read as follows:
``(c) Evaluation, Research, and Technical Assistance With Respect to
Targeted Program Resources.--Of the amount reserved under section
437(b)(1) for a fiscal year, the Secretary shall use not less than--
``(1) $1,000,000 for technical assistance to grantees under
section 437(f) and to support design of local site evaluations
with the goal of publishing and submitting evaluation findings
to the clearinghouse established under section 476(d), or to
award grants to allow current or former grantees under section
437(f) to analyze, publish, and submit to the clearinghouse data
collected during past grants; and
``(2) $1,000,000 for technical assistance required under
section 429B of this Act to support effective implementation of
the Indian Child Welfare Act of 1978 and to support development
of associated State plan measures described pursuant to section
422(b)(9) of this Act.''.
(b) Elimination of Research Set-aside From Mandatory Funds.--
(1) In general.--Section 436(b) (42 U.S.C. 629f(b)), as
amended by the preceding provisions of this Act, is amended by
striking paragraph (1) and redesignating paragraphs (2) through
(5) as paragraphs (1) through (4), respectively.
(2) Conforming amendments.--
(A) Section 433(a) (42 U.S.C. 629c(a)) is amended by
striking ``436(b)(3)'' and inserting ``436(b)(2)''.
[[Page 138 STAT. 2969]]
(B) Section 433(e) (42 U.S.C. 629c(e)), as amended
by section 112(b) of this Act, is amended by striking
``436(b)(4)(A)'' and inserting ``436(b)(3)(A)'' each
place it appears.
(C) Section 434(a)(2)(A) (42 U.S.C. 629d(a)(2)(A))
is amended by striking ``436(b)(4)(B)'' and inserting
``436(b)(3)(B)''.
(D) Section 437(b)(1) (42 U.S.C. 629g(b)(1)) is
amended by striking ``436(b)(1)'' and inserting ``435''.
(E) Section 437(f)(3) (42 U.S.C. 629g(f)(3)) is
amended by striking ``436(b)(5)'' and inserting
``436(b)(4)''.
(F) Section 438(c) (42 U.S.C. 629g(c)) <<NOTE: 42
USC 629h.>> is amended in each of paragraphs (1)
through (3) is amended by striking ``436(b)(2)'' and
inserting ``436(b)(1)''.
SEC. 116. REPORT ON POST ADOPTION AND SUBSIDIZED GUARDIANSHIP
SERVICES.
(a) In General.--Within 2 years after the date of the enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report on
children who enter into foster care under the supervision of a State
administering a plan approved under part B or E of title IV of the
Social Security Act after finalization of an adoption or legal
guardianship.
(b) Information.--The Secretary shall include in the report
information, to the extent available through the Adoption and Foster
Care Analysis and Reporting System and other data sources, regarding the
incidence of adoption disruption and dissolution affecting children
described in subsection (a) and factors associated with such
circumstances, including--
(1) whether affected individuals received pre- or post-legal
adoption services; and
(2) other relevant information, such as the age of the child
involved.
(c) <<NOTE: Summaries.>> Post-adoption Services and Guardianship.--
The Secretary shall include in the report--
(1) a summary of post-adoption services and guardianship in
each State that are available to families that adopted children
from foster care and the extent to which the services are
evidence-based or evidence-informed.
(2) a summary of funding and funding sources for the
services in each State, including set-asides under the Promoting
Safe and Stable Families program.
SEC. 117. <<NOTE: 42 USC 622 note.>> EFFECTIVE DATE.
(a) <<NOTE: Applicability. Time periods.>> In General.--The
amendments made by this title shall take effect on October 1, 2025, and
shall apply to payments under part B of title IV of the Social Security
Act for calendar quarters beginning on or after such date.
(b) <<NOTE: Determination.>> Delay Permitted if State Legislation
Required.--If the Secretary of Health and Human Services determines that
State legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part B of title
IV of the Social Security Act to meet the additional requirements
imposed by the amendments made by this title, the plan shall not be
regarded as failing to meet any of the additional requirements before
the 1st day of the 1st calendar quarter beginning
[[Page 138 STAT. 2970]]
after the first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of the
preceding sentence, if the State has a 2-year legislative session, each
year of the session is deemed to be a separate regular session of the
State legislature.
(c) Application to Programs Operated by Indian Tribal
Organizations. <<NOTE: Determination. Compliance.>> --In the case of an
Indian tribe, tribal organization, or tribal consortium that the
Secretary of Health and Human Services determines requires time to take
action necessary to comply with the additional requirements imposed by
the amendments made by this Act (whether the tribe, organization, or
tribal consortium has a plan under section 479B of the Social Security
Act or a cooperative agreement or contract entered into with a State),
the Secretary shall provide the tribe, organization, or tribal
consortium with such additional time as the Secretary determines is
necessary for the tribe, organization, or tribal consortium to take the
action to comply with the additional requirements before being regarded
as failing to comply with the requirements.
TITLE II <<NOTE: Strengthening State and Tribal Child Support
Enforcement Act.>> --STRENGTHENING STATE AND TRIBAL CHILD SUPPORT
SEC. 201. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This title may be cited as the ``Strengthening State and Tribal
Child Support Enforcement Act''.
SEC. 202. IMPROVING THE EFFECTIVENESS OF TRIBAL CHILD SUPPORT
ENFORCEMENT AGENCIES.
(a) Improving the Collection of Past-due Child Support Through State
and Tribal Parity in the Allowable Use of Tax Information.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding at
the end the following:
``(d) Applicability to Indian Tribes and Tribal Organizations
Receiving a Grant Under This Part.--This section, except for the
requirement to distribute amounts in accordance with section 457, shall
apply to an Indian tribe or tribal organization receiving a grant under
section 455(f) in the same manner in which this section applies to a
State with a plan approved under this part.''.
(2) Amendments to the internal revenue code.--
(A) Section 6103(a)(2) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 6103.>> is amended by striking
``any local child support enforcement agency'' and
inserting ``any tribal or local child support
enforcement agency''.
(B) Section 6103(a)(3) of such Code is amended by
inserting ``, (8)'' after ``(6)''.
(C) Section 6103(l) of such Code is amended--
(i) in paragraph (6)--
(I) by striking ``or local'' in
subparagraph (A) and inserting ``tribal,
or local'';
(II) by striking ``and local'' in
the heading thereof and inserting
``tribal, and local'';
(III) by striking ``The following''
in subparagraph (B) and inserting
``The'';
[[Page 138 STAT. 2971]]
(IV) by striking the colon and all
that follows in subparagraph (B) and
inserting a period; and
(V) by adding at the end the
following:
``(D) State, tribal, or local child support
enforcement agency.--For purposes of this paragraph, the
following shall be treated as a State, tribal, or local
child support enforcement agency:
``(i) Any agency of a State or political
subdivision thereof operating pursuant to a plan
described in section 454 of the Social Security
Act which has been approved by the Secretary of
Health and Human Services under part D of title IV
of such Act.
``(ii) Any child support enforcement agency of
an Indian tribe or tribal organization receiving a
grant under section 455(f) of the Social Security
Act.'';
(ii) in paragraph (8)--
(I) in subparagraph (A), by striking
``or State or local'' and inserting ``,
State, tribal, or local'';
(II) in subparagraph (B), by
striking ``enforced pursuant to a plan
described'' and all that follows through
``of such Act'' and inserting ``enforced
pursuant to the provisions of part D of
title IV of the Social Security Act'';
(III) by adding at the end of
subparagraph (B) the following: ``The
information disclosed to any child
support enforcement agency under
subparagraph (A) with respect to any
individual with respect to whom child
support obligations are sought to be
established or enforced may be disclosed
by such agency to any agent of such
agency which is under contract with such
agency for purposes of, and to the
extent necessary in, establishing and
collecting child support obligations
from, and locating, individuals owing
such obligations.'';
(IV) by striking subparagraph (C)
and inserting the following:
``(C) State, tribal, or local child support
enforcement agency. <<NOTE: Definition.>> --For purposes
of this paragraph, the term `State, tribal, or local
child support enforcement agency' has the same meaning
as when used in paragraph (6)(D).''; and
(V) by striking ``and local'' in the
heading thereof and inserting ``tribal,
and local''; and
(iii) in paragraph (10)(B), by adding at the
end the following new clause:
``(iii) The information disclosed to any child
support enforcement agency under subparagraph (A)
with respect to any individual with respect to
whom child support obligations are sought to be
established or enforced may be disclosed by such
agency to any agent of such agency which is under
contract with such agency for purposes of, and to
the extent necessary in, establishing and
collecting child support obligations from, and
locating, individuals owing such obligations.''.
(D) Section 6103(p)(4) of such Code is amended--
[[Page 138 STAT. 2972]]
(i) by striking ``subsection (l)(10), (13)(A),
(13)(B), (13)(C), (13)(D)(i), (16), (18), (19), or
(20), or any entity'' in the matter preceding
subparagraph (A) and inserting ``subsection
(l)(6), (8), (10), (13)(A), (13)(B), (13)(C),
(13)(D)(i), (16), (18), (19), or (20), or any
Indian tribe or tribal organization receiving a
grant under section 455(f) of the Social Security
Act, or any entity'';
(ii) by striking ``subsection (l)(10)'' in
subparagraph (F)(i) and inserting ``subsection
(l)(6), (8), (10)'';
(iii) by striking ``subsection (l)(10),
(13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18),
(19), or (20) or any entity'' each place it
appears in the matter following subparagraph
(F)(iii) and inserting ``subsection (l)(6), (8),
(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16),
(18), (19), or (20), or any Indian tribe or tribal
organization receiving a grant under section
455(f) of the Social Security Act, or any
entity''; and
(iv) by inserting ``, (8)'' after ``paragraph
(6)(A)'' in the matter following subparagraph
(F)(iii).
(E) Section 6103(p)(9) of such Code <<NOTE: 26 USC
6402.>> is amended by striking ``or local'' and
inserting ``tribal, or local''.
(F) Section 6402(c) of such Code is amended by
adding at the end the following: ``For purposes of this
subsection, any reference to a State shall include a
reference to any Indian tribe or tribal organization
receiving a grant under section 455(f) of the Social
Security Act.''.
(b) Reimbursement for Reports.--Section 453(g) of the Social
Security Act (42 U.S.C. 653(g)) is amended--
(1) in the subsection heading, by striking ``State''; and
(2) by striking ``and State'' and inserting ``, State, and
tribal''.
(c) Technical Amendments.--Paragraphs (7) and (33) of section 454 of
the Social Security Act (42 U.S.C. 654) are each amended by striking
``450b'' and inserting ``5304''.
Approved January 4, 2025.
LEGISLATIVE HISTORY--H.R. 9076:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 118-679 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Sept. 17, 18, considered and passed House.
Dec. 20, considered and passed Senate.
<all>
Considered under suspension of the rules. (consideration: CR H5259-5270)
DEBATE - The House proceeded with forty minutes of debate on H.R. 9076.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5341-5342)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 10 (Roll no. 423). (text: 09/17/2024 CR H5259-5266)
Roll Call #423 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 10 (Roll no. 423). (text: 09/17/2024 CR H5259-5266)
Roll Call #423 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Finance.
Enacted as Public Law 118-258
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Senate Committee on Finance discharged by Unanimous Consent.
Senate Committee on Finance discharged by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Passed Senate without amendment by Unanimous Consent. (consideration: CR S7317)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 118-258.
Became Public Law No: 118-258.