[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9076 Enrolled Bill (ENR)]
H.R.9076
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting America's Children and
Families Act''.
TITLE I--CHILD WELFARE REAUTHORIZATION AND MODERNIZATION
SEC. 101. SHORT TITLE; REFERENCES.
(a) 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.
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) In general.--Every 5 years, the Secretary shall issue
implementation guidance for sharing information on best practices
for--
``(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) 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
(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
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) 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.''.
(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. 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) 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) 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 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. 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) produce comparisons and analyses of trends in State plans
to inform future technical assistance and policy development;
``(3) make the State plans available on a public website; and
``(4) include on the website aggregated national summaries of
State submissions as the Secretary deems appropriate.''.
(2) Implementation.--Within 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall--
(A) comply with section 441 of the Social Security Act, as
added by the amendment made by paragraph (1); and
(B) notify each recipient of funds under part B of title IV
of