Attachment B
PORTIONS OF P.L. 103-66 AND CONGRESSIONAL CONFERENCE REPORTS
"PART B-CHILD AND FAMILY SERVICES"
"Subpart 1-Child Welfare Services"; and (2) by adding at the end the following:
"Subpart 2--Family Preservation and Support Services"
"SEC. 430. PURPOSES; LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS."
"(a) PURPOSES; LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS--"
For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services and community-based family support services, there are authorized to be appropriated to the Secretary the amounts described in subsection (b) for the fiscal years specified in subsection (b).
"(b) DESCRIPTION OF AMOUNTS.--The amount described in this subsection is- -"
"(1) for fiscal year 1994, $60,000,000;"
"(2) for fiscal year 1995, $150,000,000;"
"(3) for fiscal year 1996, $225,000,000;"
"(4) for fiscal year 1997, $240,000,000; or"
"(5) for fiscal year 1998, the greater of-- "(A) $255,000,000;
or
"(B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998."
"(c) INFLATION PERCENTAGE.--For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which--"
"(1) the average of the Customer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12month period ending on December 31 of the immediately preceding fiscal year; exceeds"
"(2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year."
"(d) RESERVATION OF CERTAIN AMOUNTS.--"
"(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSSISTANCE.-"
- The Secretary shall reserve $2,000,000 of the amount described in subsection (b) for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, and 1998, for expenditure by the Secretary-
"(A) for research, training, technical assistance related to the program under this subpart; and"
"(B) for evaluation of State programs funded under this subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart."
"(2) STATE COURT ASSESSMENTS.--The Secretary shall reserve $5,000,000 of the amount described in subsection (b) for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, and 1998, for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993."
"(3) INDIAN TRIBES.--The Secretary shall reserve 1 percent of the smounts described in subsection (b) for each fiscal year, for allotment to Indian tribes in accordance with section 433(a)."
SEC.13712. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESSAND IMPROVE HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION.
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IN GENERAL.--The Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E of title IV of the Social Security Act, for the purpose of enabling such courts--
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to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts)--
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that implement parts B and E of title IV of such Act;
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that determine the advisability or appropriateness of foster care placement; and
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that determine whether to terminate parental rights; and
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that determine whether to approve the adoption or other permanent placement of a child and; (2) to implement changes deemed necessary as a result of the assessments.
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APPLICATIONS.-In order to be eligible for a grant under this section, a highest State court shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary shall require.
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ALLOTMENTS.--
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IN GENERAL.--Each highest State court which has an application approved under subsection (b), and is conducting assessment activities in accordance with this section, shall be entitled to payment, for each of fiscal years 1995 through 1998, from amounts reserved pursuant to section 430(d)(2) of the Social Security Act, of an amount equal to the sum of--
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for fiscal year 1995, $75,000 plus the amount described in paragraph (2) for fiscal year 1995; and
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for each of fiscal years 1996 through 1998, $85,000 plus the amount described in paragraph (2) for each of such fiscal years.
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FORMULA.-The amount described in this paragraph for any fiscal year is the amount that bears the same ratio to the amount reserved pursuant to section 430(d)(2) of the Social Security Act for the fiscal year (reduced by the dollar amount specified in paragraph (1) of this subsection for the fiscal year) as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under subsection (b).
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USE OF GRANT FUNDS.--Each highest State court which receives funds paid under this section may use such funds to pay--
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any or all costs of activities under this section in fiscal year 1995; and
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not more than 75 percent of the cost of activities under this section in each of fiscal years 1996, 1997, and 1998.
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CONFERENCE REPORT ON H.R. 2264
OMNIBUS BUDGET RECONCILIATION ACT OF 1993
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Grants to State Courts to Assess and Improve Handling of Proceedings Related to Foster Care and Adoption (Sec. 13212 of House bill)
Present Law
No provision
House Bill
Of amounts reserved (as described in item 1(c) above) a sum of $5 million for fiscal year 1995, and $10 million for each of fiscal years 1996 through 1998, would be used for a four-year program of grants to the highest State courts involved in proceedings relating to foster care and adoption. The grants would enable the courts to conduct assessments of the role, responsibilities and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts) to determine the advisability or appropriateness of foster care placement, to determine whether to terminate parental rights, and to legally recognize the adoption of a child; and to implement changes deemed necessary by the assessments.
The assessments would have to identify the requirements imposed on State courts, with respect to these proceedings, addressing separately:
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rules, standards and criteria imposed under State laws (including laws implementing parts B and E of title IV, laws relating to child abuse and neglect, or any other laws on related matters) applicable to decisions concerning the placement of a child, the parent-child relationship, or other matters of child welfare, including determinations: (i) whether to remove a child from or return a child to its home, (ii) whether to place a child in foster care or to continue a foster care placement, (iii) whether to terminate parental rights, (iv) whether to place a child for adoption or in another permanent arrangement, and (v) whether to set aside or to make final an adoption, and;
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procedures and rules, imposed by law or adopted voluntarily by the court system, addressing matters such as choice between administrative and judicial proceedings; timetables for proceedings; procedural safeguards for parents, guardians, and children; and general rules for conduct of the proceeding. The assessments would also have to: (i) evaluate the performance of the court system in implementing these requirements by assessing the extent of conformity of State court rules and practices with the recommendations of national organizations concerned with the permanent placement of children; (ii) assess the extent to which particular requirements imposed on State courts facilitate or impede achievement of title IV-B and IV- E program goals, or impose significant burdens on the courts; and (iii) make specific recommendations for improvement (including recommendations for changes in State or Federal laws, regulations or policies; changes in procedures and practices of the courts or of State child welfare and foster care agencies; additional education or training of court or agency personnel; collection and dissemination of additional data or information; or increases in manpower, reductions in numbers of case reviews, or other changes needed to enable the courts to manage their caseloads).
In order to be eligible for a grant, a highest State court must submit to the Secretary an application containing a timetable, budget and methodology for conducting the assessment; certification by the State child welfare agency and foster care citizen review board (if any) that they had an opportunity for review and comment; assurances that grant funds not needed for the assessment will be used to implement recommended changes, and that grant funds will not supplant other State or local funds used for similar purposes; a commitment to furnish to the Secretary interim and final reports; and such other information as the Secretary requires.
Each court with an approved application would be allotted an amount, for each of fiscal years 1995 through 1998, equal to the sum of: (1) $75,000 for fiscal year 1995, and $85,000 for each of the three succeeding fiscal years, plus (2) a share of the remaining funds reserved for this purpose based on the State's share of individuals under age 21. Courts could use grant funds without providing local matching in fiscal year 1995, but would have to provide 25 percent State or local matching of grant funds for the three remaining years.
Effective Date: Upon enactment.
Senate Amendment
No provision.
Conference Agreement
The conference agreement follows the House bill regarding the reserve amount for grants to State courts, the allotment of funds to courts with approved applications, and the use of grant funds.
Under the conference agreement, the grants would enable courts to: (1) conduct assessments, in accordance with requirements published by the Secretary, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings that: (a) implement parts B and E of title IV; (b) determine the advisability or appropriateness of foster care placement; (c) determine whether to terminate parental rights; (d) determine whether to approve the adoption or other permanent placement of a child; and (2) implement changes deemed necessary as a result of the assessments.
In order to be eligible for a grant, a court must submit an application to the Secretary at such time, in such form and including such information and commitments as the Secretary requires. The conferees intend that each assessment:
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identify the requirements imposed on State courts with respect to the proceedings listed above, addressing separately: (a) rules, standards, and criteria imposed pursuant to State laws implementing parts B and E of title IV of the Social Security Act and State laws designed to achieve safe, timely, and permanent placements for abused and neglected children, to be applied in the court proceedings; and (b) rules and procedures, established by or under State law or adopted by the State court system on its own initiative, with respect to the conduct of the proceedings, that address matters such as: (i) whether a proceeding should be judicial or administrative, (ii) timetables for proceedings, (iii) procedural safeguards of the rights of parents (including foster and adoptive parents), guardians, and children, such as provisions for legal representation of parents and children and for guardians ad litem; and (iv) provisions concerning the admissibility of evidence and the opportunity to present witnesses;
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evaluate the performance of the State courts in implementing the requirements identified under paragraph (1) by assessing:
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the extent to which particular practices or procedures have been successful in facilitating compliance with such requirements;
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the frequency of failures to comply with any such requirements, and patterns with respect to the circumstances of and factors contributing to the failures;
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the frequency and severity of judicial delays;
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whether there are limitations in available court time inhibiting the presentation of evidence and the making of arguments;
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the extent to which parties and attorneys actually call witnesses, introduce evidence, and make pertinent legal arguments in connection with the requirements of parts B and E of title IV of the Social Security Act;
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the extent to which caseload size and resource limitations affect judicial performance in relation to issues identified in (b), (c), (d), and (e) ; and (g) how often parents and children have legal representation and the adequacy of such representation;
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determine the extent to which the rules and practices identified under paragraph (1) or (2) are in accord with the recommended standards of national organizations concerned with the permanent placement of foster children;
determine, from the standpoint of the State courts, the extent to which particular requirements under paragraph (1) : (a) are facilitating or impeding achievement of the purposes of parts B and E, including the goal of appropriate permanent placement for each child, and (b) are imposing significant administrative burdens on the State court system; and
make specific recommendations for improvement, based on the conclusions reached as a result of activities described in paragraphs (1) through (4), including recommendations for:
changes in State and Federal laws, regulations or policies;
changes in procedures and practices of the State courts or of the State agencies administering foster care, adoption, child welfare and child protective services programs;
additional education or training of State court judges, or of personnel of the judicial system or of the State agencies described in (b);
improvements in the selection, compensation, and training of court-appointed legal representatives of parents and children;
collection or dissemination of additional data or information for purposes of increasing the understanding of personnel of State courts and State agencies of matters relating to case review proceedings in general, or to specific case review proceedings; and
increases in manpower, improvements in judicial caseflow management, reductions in the number of case reviews, or other changes needed to enable the State courts to better manage their caseloads with respect to case review proceedings.
The conferees intend that the application contain:
a timetable for conducting and completing the assessment;
a budget for the assessment;
a description of the methods to be used to select State courts for inclusion in, and to conduct, the assessment;
certifications that the head of the State agency administering the State program under part E, and the State foster care citizen review board or state organization of review boards (if any), have had an opportunity to review and comment on a draft of the application before its submission, and a copy of such comments;
a description of the process to be used by the court to consult with the entities referred to in (d) in conducting the assessment;
a commitment that, to the extent funds provided are not necessary to complete the assessment, the court will use the funds to implement, to the extent feasible, recommendations made under (5) above;
a commitment that funds will not be used to supplant State or local funds which would otherwise be used for similar purposes;
a commitment to furnish the Secretary an interim report following the end of the second year of assessment activities and a final report following the completion of the assessment; and
any other information the Secretary may require.
Attachments:
Attachment
A: Estimated State Court Allotments for FY
1995-98
Attachment C: Standard
Form 424 and 424-A, and Certification Forms
- Instructions for Form 424 and 424-A - (Link will open in another browser window).
