[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