,,ii #aadth ,,congress #ast ,session ,s4 #aicb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjae ,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide ,states with flexibility to use ,federal ,,iv-,e funding for ,state child welfare programs to improve safety1 permanency1 and well-being outcomes for all children who need child welfare services4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,all ,kids ,matter ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,,title ,i--,flexibility ,to ,provide ,services ,tailored to a ,child's and ,family's ,needs ,sec4 #aja4 ,prevention1 intervention1 and support services before1 during1 and after placement in foster care4 ,sec4 #ajb4 ,state option for simplified reimbursement of ,,iv-,e administrative costs4 ,,title ,,ii--,flexibility ,to ,serve ,all ,children in ,need ,sec4 #bja4 ,elimination of income barrier to serving all children in need of foster care maintenance payments4,sec4 #bjb4 ,elimination of barriers to permanency for older youth in foster care4 ,,title ,,iii--,miscellaneous ,sec4 #cja4 ,application to ,states with waivers and territories4 ,sec4 #cjb4 ,dissemination of best practices4 ,sec4 #cjc4 ,effective date4 #b4 ,findings ,congress makes the following findings3 7#a7 ,our ,nation values the potential of all of our children to thrive and ultimately contribute to the success of the country4 7#b7 ,scientific research makes it clear that children do best when they are part of healthy families4 7#c7 ,the results of ,states operating child welfare programs under waivers of requirements of title ,,iv-,e of the ,social ,security ,act provide further evidence that vulnerable children and families can often safely be kept together and out of foster care when they are provided with appropriate early intervention services1 preventive services1 and support services4 7#d7 ,a modern child welfare system would not only allow1 but would encourage1 ,states and ,indian ,tribes to utilize evidence-based programs to keep families safely together1 only using foster care for cases where children's safety and well-being are compromised4 7#e7 ,the changes made by this ,act will modernize the title ,,iv-,e foster care program to include the coverage of ,state-based support activities that focus on keeping a child safely in his or her home1 and if foster care is necessary1 moving a child to permanency as quickly as possible4 ,i ,flexibility ,to ,provide ,services ,tailored to a ,child's and ,family's ,needs #aja4 ,prevention1 intervention1 and support services before1 during1 and after placement in foster care 7a7 ,state plan requirements ,section #dga of such ,act 7#db ,u4,s4,c4 #fga7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ae77;,b71 by inserting 1 which shall include the ,state identifying and providing prevention1 intervention1 and support services 7as defined in section #dge7ac77 as appropriate1 after reasonable efforts2 7,b7 in paragraph 7#cd77;,b71 by striking and after the semicolon2 7,c7 in paragraph 7#ce77;,b71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#cf7 provides1 not later than #b years after the date of enactment of this paragraph1 that all at-risk children 7as defined in section #dge7ad771 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 shall be provided with a standard array of child welfare services consistent with subsection 7e77#a72 and 7#cg7 provides1 not later than #b years after the date of enactment of this paragraph1 and not less than every #b or #c years thereafter 7as required by the ,secretary with respect to a ,state on the basis of the ,secretary's determination of the ,state's success in keeping children safe and at home or on a path toward permanency71 that the ,state shall submit1 as part of the ,state plan required under subsection 7a71 and shall update and revise as necessary-- 7,a7 a description of the ,state activities and the delivery mechanisms for achieving-- 7i7 increased permanency for all infants1 children1 and youth by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth2 7ii7 increased positive outcomes for infants1 children1 youth1 and families in their homes and communities1 including tribal communities1 and improving the safety and well-being of infants1 children1 and youth2 and 7iii7 the prevention of child abuse and neglect and the re-entry of infants1 children1 and youth into foster care2 7,b7 a description of the performance benchmarks for assessing the ,state's progress in achieving the goals described in subparagraph 7,a72 7,c7 a description of the standard array of child welfare services for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 in accordance with subsection 7e77#a72 and 7,d7 a description of the ,state's plan for ensuring that congregate care is used appropriately and reduces the placement of children and youth in such care4 2 and 7#b7 by adding at the end the following3 7e7 ,standard array of child welfare services 7#a7 ,in general ,for purposes of subsection 7a77#cf71 with respect to a ,state1 the standard array of child welfare services required under this subsection for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 shall be established by the ,secretary in consultation with the director of the ,state child welfare agency for the ,state4 ,at a minimum1 a standard array of child welfare services established by a ,state shall-- 7,a7 include prevention1 intervention1 and support services 7as defined in section #dge7ac772 and 7,b7 be made available until a child attains #ah years of age or such greater age as the ,state may elect under section #dge7h77;,b77iii7 to both the child and the child's family1 guardian1 or caretaker4 7#b7 ,types of services ,the standard array of child welfare services established with respect to a ,state may include any or all of the following3 7,a7 ,family engagement4 7,b7 ,trauma-informed child assessment4 7,c7 ,trauma-focused behavioral health treatment4 7,d7 ,permanency ,round ,tables4 7,e7 ,kinship ,supports4 7#c7 ,interaction with part ,b services ,if a ,state determines that a child is an at-risk child1 a child in foster care1 or a child who has left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 the child shall be eligible for services provided under the ,state plans approved under part ,b in addition to the standard array of child welfare services required under paragraph 7#a74 7#d7 ,payment requirements ,payments to ,states under section #dgd7;a77#f7 for expenditures attributable to the provision of prevention1 intervention1 and support services shall only be made if-- 7,a7 the ,state provides or conducts regular ,state-specific assessments of the outcomes for children and families in relation to the provision of such services2 and 7,b7 the ,state provides an assurance that such payments shall be used to supplement1 and not supplant1 the level of ,state funds expended to provide any service under part ,b or this part for fiscal year #bjae4 4 7b7 ,definitions ,section #dge of such ,act 7#db ,u4,s4,c4 #fge7 is amended by adding at the end the following3 7#ac7 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 the term prevention1 intervention1 and support services has the meaning given such term as the ,secretary1 by regulation1 shall establish1 and shall include the following3 7i7 ,initial family assessments for a child identified as an at-risk child 7as defined in paragraph 7#ad77 in accordance with standards established by the ,secretary that require a case worker to identify what the child needs to stay safely in his or her home or1 if the child cannot stay safely in their home1 that specifies that the child needs a safe placement outside the home as soon as possible4 7ii7 ,follow-up assessments after a child has been identified as an at-risk child1 placed in foster care1 or has left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 in accordance with standards established by the ,secretary4 7iii7 ,in-home services for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 and for the families1 guardians1 or caretakers of such children4 7iv7 ,case management services for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 and for the families1 guardians1 or caretakers of such children4 7v7 ,post-permanency supports for at-risk children and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 and for the families1 guardians1 or caretakers of such children4 7,b7 ,the regulation required under subparagraph 7,a7 shall provide that such term means any services provided to a child1 parent1 legal or relative guardian1 family1 or caregiver that are intended to meet the needs of the child1 parent1 legal or relative guardian1 family1 or caregiver to-- 7i7 prior to the placement of a child in foster care1 enable the child to safely remain with the child's family2 7ii7 after the placement of a child in foster care1 enable to the child to be safely reunited with the child's family2 and 7iii7 after a child in foster care is reunited with the child's family1 adopted1 or permanently placed with a guardian1 ensure the stability1 health1 and safety of the child4 7,c7 ,the regulations required under subparagraph 7,a7 shall provide that such term shall only include services that are evidence-based or evidence-informed and address specific outcomes related to safety1 permanency1 or well-being for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption4 7#ad7 7,a7 ,the term at-risk child means a child at risk of entering or re-entering the child welfare system based on criteria established by the ,secretary in consultation with the ,states4 7,b7 ,such term shall include a child who is determined to be at risk of entering or re-entering the child welfare system on the basis of an appeal by a ,state under such procedures as the ,secretary shall establish4 4 7c7 ,payment for services and performance achievement under title ,,iv-,e ,section #dgd7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgd7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking the period at the end and inserting 2 plus2 and 7#b7 by adding at the end the following3 7#f7 subject to section #dga7;e77#d71 for each quarter beginning after ,september #cj1 #bjag1 an amount equal to the ,federal medical assistance percentage 7which shall be as defined in subsection 7b7 of section #aije without regard to any increase applicable under another subsection of that section1 in the case of a ,state other than the ,district of ,columbia1 or #gj percent1 in the case of the ,district of ,columbia7 of the total amount expended during such quarter as found necessary by the ,secretary for the provision of prevention1 intervention1 and support services 7as defined in section #dge7ac77 for at-risk children 7as defined in section #dge7ad771 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption1 and for the families1 guardians1 or caretakers of such children 7or1 with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the ,state and an ,indian tribe1 tribal organization1 or tribal consortium for the administration or payment of funds under this part1 an amount equal to the ,federal medical assistance percentage that would apply under section #dgi;,b7d7 7in this paragraph referred to as the tribal ,,fmap7 if such ,indian tribe1 tribal organization1 or tribal consortium made such payments under a program operated under that section1 unless the tribal ,,fmap is less than the ,federal medical assistance percentage that applies to the ,state72 plus 7#g7 for each quarter beginning after ,september #cj1 #bjah1 if the ,state is eligible for a performance achievement payment for a fiscal year under section #dga7;f71 an amount equal to #a_/d of the performance achievement payment determined for the ,state for the fiscal year under section #dga7;f74 4 7d7 ,performance assessment2 evaluations and reports ,section #dga of such ,act 7#db ,u4,s4,c4 #fga7 7as amended by subsection 7c77 is amended by adding at the end the following3 7f7 ,performance achievement ,the ,secretary shall establish criteria for assessing ,state performance with respect to achieving the goals described in subsection 7a77#cg77;,a7 and furthering the purposes of this part and for awarding performance achievement payments to ,states under section #dgd7;a77#g74 7g7 ,evaluations and reports 7#a7 ,evaluations 7,a7 ,in general ,the ,secretary1 directly or through grants1 contracts1 or interagency agreements1 shall conduct research and evaluations with respect to the payments made under paragraphs 7#f7 and 7#g7 of section #dgd7;a7 for purposes of assessing the extent to which the provision of payments under such paragraphs are related to ,state progress towards achieving the goals described in subsection 7a77#cg77;,a7 and the purposes of this part4 7,b7 ,state cooperation ,in order to be entitled to a payment under paragraphs 7#f7 or 7#g7 of section #dgd7;a71 a ,state shall agree to cooperate with the conduct of any such research or evaluations4 7#b7 ,reports 7,a7 ,state reports ,each ,state that receives a payment under paragraph 7#f7 or 7#g7 of section #dgd7;a7 shall submit such reports to the ,secretary as the ,secretary may require with respect to ,state expenditures for which payments are made under that section4 7,b7 ,reports to congress ,the ,secretary shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate periodic reports based on the ,state reports submitted under subparagraph 7,a7 and the research and evaluations conducted under paragraph 7#a71 together with such recommendations for administrative or legislative changes as the ,secretary determines appropriate4 7,c7 ,public availability ,the ,secretary shall make the ,state reports and the reports to ,congress submitted under this paragraph publicly available4 4 7e7 ,conforming amendments 7#a7 ,purpose ,the first sentence of section #dgj of such ,act 7#db ,u4,s4,c4 #fgj7 is amended by striking foster care and all that follows through needs and inserting prevention1 intervention1 and support services1 foster care1 transitional independent living programs for children1 support for children who have left foster care to return home through reunification or reinstatement of parental rights1 kinship guardianship assistance1 adoption assistance for children with special needs1 and performance achievement payments4 7#b7 ,state plan ,section #dga7;a77#a7 of such ,act 7#db ,u4,s4,c4 #fga7;a77#a77 is amended by striking and and all that follows through the semicolon and inserting 1 adoption assistance in accordance with section #dgc1 and prevention1 intervention1 and support services for at-risk children1 children in foster care1 and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption in accordance with subsection 7e724 7#c7 ,training ,section #dgd7;a77#c77;,b7 of such ,act 7#db ,u4,s4,c4 #fgd7;a77#c77;,b77 is amended by inserting and in ways that include training on how to provide such support and assistance1 as well as training on prevention1 intervention1 and support services and how to provide such services1 after living with relative guardians14 #ajb4 ,state option for simplified reimbursement of ,,iv-,e administrative costs ,section #dgd of such ,act 7#db ,u4,s4,c4 #fgd7 is amended-- 7#a7 in subsection 7a77#c71 in the matter preceding subparagraph 7,a71 by inserting subsection 7h7 and before section #dgb7;i72 and 7#b7 by adding at the end the following3 7h7 ,state option ,to elect allotment for specified administrative costs 7#a7 ,process for determination of administrative costs allotment ,for fiscal years beginning after ,september #cj1 #bjag1 a ,state may elect to be paid an administrative costs allotment for a fiscal year under this subsection in lieu of receiving payments under subsection 7a77#c7 for each quarter of the fiscal year for the costs that are specified to be paid out of the allotment4 ,the ,secretary shall determine the alternative administrative costs allotment for a ,state for a fiscal year by-- 7,a7 consulting with the ,state2 7,b7 identifying the specific categories of administrative costs that will be paid out of the allotment2 7,c7 taking into account the ,state's historical and projected expenditures for such categories of administrative costs2 and 7,d7 taking into account such other data or information as the ,secretary and the ,state determine appropriate4 7#b7 ,simplified reporting ,the ,secretary shall establish a simplified1 streamlined process for a ,state with an administrative costs allotment for a fiscal year to report expenditures from the allotment with respect to the fiscal year that shall apply in lieu of any other reporting requirements under this part that would otherwise apply to such expenditures4 4 ,,ii ,flexibility ,to ,serve ,all ,children in ,need #bja4 ,elimination of income barrier to serving all children in need of foster care maintenance payments 7a7 ,de-,linkage of ,,afdc eligibility criteria ,section #dgb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgb7;a77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking specified and all that follows through the period and inserting or caretaker into foster care if the removal and foster care placement met1 and continue to meet1 the requirements of paragraph 7#b742 7#b7 in paragraph 7#b77;,a77i71 by inserting or caretaker after relative2 and 7#c7 by striking paragraphs 7#c7 and 7#d74 7b7 ,conforming amendment ,section #dgi;,b7c77#a77;,c77ii7 of such ,act 7#db ,u4,s4,c4 #fgi;c7c77#a77;,c77ii77 is amended to read as follows3 7ii7 ,satisfaction of foster care eligibility requirements ,for purposes of determining whether the removal and foster care placement of a child whose placement and care are the responsibility of an ,indian tribe1 tribal organization1 or tribal consortium with a plan approved under section #dga in accordance with this section satisfies the requirements of section #dgb7;a71 with respect to the first #ab months for which such plan is in effect1 paragraph 7#a7 of section #dgb7;a7 shall not be interpreted so as to prohibit the use of affidavits or nunc pro tunc orders as verification documents in support of the reasonable efforts and contrary to the welfare of the child judicial determinations required under that paragraph4 4 7c7 ,budget neutral implementation ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services and the ,director of the ,office of ,management and ,budget jointly shall submit to ,congress a plan that specifies such legislative and administrative actions as the ,secretary of ,health and ,human ,services and the ,director of the ,office of ,management and ,budget determine are necessary to ensure that the amendments made by subsections 7a7 and 7b7 are implemented in a manner that is budget neutral4 7d7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the later of-- 7#a7 ,october #a1 #bjah2 or 7#b7 the date that is #ahj days after the date the plan required under subsection 7c7 is submitted to ,congress4 #bjb4 ,elimination of barriers to permanency for older youth in foster care 7a7 ,expansion of ,state option ,to provide services to youth who have attained age #ah ,section #dge7h77;,b77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7h77;,b77iv77 is amended-- 7#a7 in subclause 7,,iv71 by striking or after the semicolon2 7#b7 in subclause 7,v71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subclause3 7,,vi7 pursuing legal permanency through family reunification1 permanent placement with a relative1 adoption1 legal guardianship1 other planned permanent living arrangement1 or such other pathways to permanency as the ,state1 in consultation with the ,secretary1 may specify4 4 7b7 ,extending eligibility for ,chafee program services and education and training vouchers to youth who return home after attaining age #af ,section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg7 is amended-- 7#a7 in subsection 7a77#g71 by inserting 1 or who return home through reunification or reinstatement of parental rights before the semicolon2 and 7#b7 in subsection 7i77#b71 by inserting 1 or who return home through reunification or reinstatement of parental rights1 after foster care4 7c7 ,development and dissemination of permanency-,supportive housing options ,not later than ,september #cj1 #bjag1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,housing and ,urban ,development1 and the ,secretary of ,education1 jointly shall do the following3 7#a7 ,develop and disseminate to ,states ,develop and disseminate to ,states flexible supportive housing options1 developed in consultation with ,states1 foster youth1 providers1 and other important stakeholders1 that provide opportunities for youth who age out of foster care achieve legal and lifelong permanency while living independently1 and which allow for developmentally appropriate housing situations1 including dorm living1 room leases1 and roommate situations4 7#b7 ,recommendations to congress ,submit recommendations1 developed in consultation with ,states1 foster youth1 providers1 and other important stakeholders1 to ,congress for such legislative action as the ,secretaries determine are necessary to increase the availability of flexible supportive housing options that would allow youth who age of out foster care achieve legal and lifelong permanency4 ,,iii ,miscellaneous #cja4 ,application to ,states with waivers and territories 7a7 ,application to ,states with waivers 7#a7 ,general nonapplication ,if any waiver granted to a ,state1 ,indian tribe1 tribal organization1 or tribal consortium under section #aacj of this ,act or otherwise which relates to the provision of assistance under a ,state plan under this part 7as in effect on ,september #cj1 #bjae7 is in effect as of the date of enactment of this ,act1 the amendments made by this ,act shall not apply with respect to the ,state1 ,indian tribe1 tribal organization1 or tribal consortium before the expiration of the waiver to the extent such amendments are inconsistent with the waiver4 7#b7 ,early termination 7,a7 ,report ,if a ,state1 ,indian tribe1 tribal organization1 or tribal consortium elects to terminate a waiver described in paragraph 7#a7 before the expiration of the waiver1 the ,state1 ,indian tribe1 tribal organization1 or tribal consortium shall submit a report to the ,secretary summarizing the waiver and any available information concerning the result or effect of the waiver4 7,b7 ,hold harmless provision 7i7 ,in general ,notwithstanding any other provision of law1 a ,state1 ,indian tribe1 tribal organization1 or tribal consortium that1 not later than the date described in clause 7ii7 of this subparagraph1 submits a written request to terminate a waiver described in paragraph 7#a7 shall be held harmless for accrued cost neutrality liabilities incurred under the waiver4 7ii7 ,date described ,the date described in this subparagraph is #ij days following the adjournment of the first regular session of the ,state legislature that begins after the date of the enactment of this ,act 7or in the case of an ,indian tribe1 tribal organization1 or tribal consortium1 #ij days following such date as the ,secretary shall establish in consultation with the ,indian tribe1 tribal organization1 or tribal consortium74 7#c7 ,secretarial encouragement of current waivers ,the ,secretary shall encourage any ,state1 ,indian tribe1 tribal organization1 or tribal consortium operating a waiver described in paragraph 7#a7 to continue the waiver and to evaluate the result or effect of the waiver4 7#d7 ,continuation of individual waivers ,a ,state1 ,indian tribe1 tribal organization1 or tribal consortium may elect to continue one or more individual waivers described in paragraph 7#a74 7b7 ,indian tribes operating ,,iv-,e programs considered states ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall issue guidance regarding how an ,indian tribe1 tribal organization1 or tribal consortium that has elected to operate a program under part ,e of title ,,iv of the ,social ,security ,act in accordance with section #dgi;,b of such ,act 7#db ,u4,s4,c4 #fgi;c7 may revise the tribal plan submitted in accordance with such section to take into account1 as appropriate1 the amendments made by this ,act4 7c7 ,disregard from limitation on total payments to territories ,section #aajh7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7;a77#b77 is amended by striking or #dac7;f7 and inserting #dac7;f71 #dgd7;a77#f71 #dgd7;a77#g71 or #dgd7;h74 #cjb4 ,dissemination of best practices ,the ,secretary of ,health and ,human ,services annually shall identify and disseminate to ,states best practices for achieving safety1 permanency1 and well-being outcomes for children in need of child welfare services4 #cjc4 ,effective date 7a7 ,in general ,except as otherwise provided and subject to subsection 7b71 this ,act and the amendments made by this ,act take effect on ,october #a1 #bjae4 7b7 ,delay permitted if ,state legislation required ,in the case of a ,state plan under part ,e of title ,,iv of the ,social ,security ,act which the ,secretary of ,health and ,human ,services determines requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirements imposed by the amendments made by this ,act1 the ,state plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4