subpart 2—promoting safe and stable families
§629. Purpose
The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community-based family support services, family preservation services, family reunification services, and adoption promotion and support services to accomplish the following objectives:
(1) To prevent child maltreatment among families at risk through the provision of supportive family services.
(2) To assure children's safety within the home and preserve intact families in which children have been maltreated, when the family's problems can be addressed effectively.
(3) To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997.
(4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children.
(Aug. 14, 1935, ch. 531, title IV, §430, as added
Editorial Notes
References in Text
The Adoption and Safe Families Act of 1997, referred to in par. (3), is
Prior Provisions
A prior section 430 of act Aug. 14, 1935, was classified to
Amendments
2018—
2006—
2002—
1997—Subsec. (a).
Subsec. (b)(6) to (8).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
"(a)
"(b)
Effective Date of 1997 Amendment
Amendment by
Effective Date
Subpart effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of
§629a. Definitions
(a) In general
As used in this subpart:
(1) Family preservation services
The term "family preservation services" means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including—
(A) service programs designed to help children—
(i) where safe and appropriate, return to families from which they have been removed; or
(ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement;
(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families;
(C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement;
(D) respite care of children to provide temporary relief for parents and other caregivers (including foster parents);
(E) services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition; and
(F) infant safe haven programs to provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to a State law.
(2) Family support services
(A) In general
The term "family support services" means community-based services designed to carry out the purposes described in subparagraph (B).
(B) Purposes described
The purposes described in this subparagraph are the following:
(i) To promote the safety and well-being of children and families.
(ii) To increase the strength and stability of families (including adoptive, foster, and extended families).
(iii) To support and retain foster families so they can provide quality family-based settings for children in foster care.
(iv) To increase parents' confidence and competence in their parenting abilities.
(v) To afford children a safe, stable, and supportive family environment.
(vi) To strengthen parental relationships and promote healthy marriages.
(vii) To enhance child development, including through mentoring (as defined in
(3) State agency
The term "State agency" means the State agency responsible for administering the program under subpart 1.
(4) State
The term "State" includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1.
(5) Indian tribe
The term "Indian tribe" has the meaning given the term in
(6) Tribal organization
The term "tribal organization" has the meaning given the term in
(7) Family reunification services
(A) In general
The term "family reunification services" means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion and to ensure the strength and stability of the reunification. In the case of a child who has been returned home, the services and activities shall only be provided during the 15-month period that begins on the date that the child returns home.
(B) Services and activities described
The services and activities described in this subparagraph are the following:
(i) Individual, group, and family counseling.
(ii) Inpatient, residential, or outpatient substance abuse treatment services.
(iii) Mental health services.
(iv) Assistance to address domestic violence.
(v) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries.
(vi) Peer-to-peer mentoring and support groups for parents and primary caregivers.
(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings.
(viii) Transportation to or from any of the services and activities described in this subparagraph.
(8) Adoption promotion and support services
The term "adoption promotion and support services" means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.
(9) Non-Federal funds
The term "non-Federal funds" means State funds, or at the option of a State, State and local funds.
(b) Other terms
For other definitions of other terms used in this subpart, see
(Aug. 14, 1935, ch. 531, title IV, §431, as added
Amendment of Section
(a) In general
As used in this subpart:
(1) Family preservation services
The term "family preservation services" means services for children, youth, and families designed to help families (including kinship and adoptive families) at risk or in crisis, including—
(A) service programs designed to help children—
(i) where safe and appropriate, return to families from which they have been removed; or
(ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement;
(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families;
(C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement;
(D) respite care of children to provide temporary relief for parents, kinship caregivers, and foster parents;
(E) services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition;
(F) infant safe haven programs to provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to a State law;
(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; and
(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.
(2) Family support services
(A) In general
The term "family support services" means community-based services, including services provided by family resource centers, designed to carry out the purposes described in subparagraph (B).
(B) Purposes described
The purposes described in this subparagraph are the following:
(i) To promote the safety and well-being of children, youth, and families.
(ii) To increase the strength and stability of families (including adoptive, foster, and kinship families).
(iii) To support and retain foster families so they can provide quality family-based settings for children in foster care.
(iv) To increase parents' confidence and competence in their parenting abilities.
(v) To afford children a safe, stable, and supportive family environment.
(vi) To strengthen parental relationships and promote healthy marriages.
(vii) To enhance child development, including through mentoring.
(3) State agency
The term "State agency" means the State agency responsible for administering the program under subpart 1.
(4) State
The term "State" includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1.
(5) Indian tribe
The term "Indian tribe" has the meaning given the term in
(6) Tribal organization
The term "tribal organization" has the meaning given the term in
(7) Family reunification services
(A) In general
The term "family reunification services" means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child's home and placed with kinship caregivers or in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion and to ensure the strength and stability of the reunification. In the case of a child who has been returned home, the services and activities shall only be provided during the 15-month period that begins on the date that the child returns home.
(B) Services and activities described
The services and activities described in this subparagraph are the following:
(i) Individual, group, and family counseling.
(ii) Inpatient, residential, or outpatient substance abuse treatment services.
(iii) Mental health services.
(iv) Assistance to address domestic violence.
(v) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries.
(vi) Peer-to-peer mentoring and support groups for parents and primary caregivers.
(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings.
(viii) Transportation to or from any of the services and activities described in this subparagraph.
(8) Adoption promotion and support services
The term "adoption promotion and support services" means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.
(9) Non-Federal funds
The term "non-Federal funds" means State funds, or at the option of a State, State and local funds.
(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.
(11) Youth
The term "youth" means an individual who has not attained 26 years of age.
(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.
(b) Other terms
For other definitions of other terms used in this subpart, see
(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.
See 2025 Amendment notes below.
Editorial Notes
Prior Provisions
A prior section 431 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a)(1).
Subsec. (a)(1)(D).
Subsec. (a)(1)(G).
Subsec. (a)(1)(H).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B)(i).
Subsec. (a)(2)(B)(ii).
Subsec. (a)(2)(B)(vii).
Subsec. (a)(5), (6).
Subsec. (a)(7)(A).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (c).
2018—Subsec. (a)(2)(B)(iii) to (vii).
Subsec. (a)(7).
Subsec. (a)(7)(A).
2011—Subsec. (a)(2).
Subsec. (a)(5), (6).
"(5)
"(6)
Subsec. (a)(7)(B)(vi) to (viii).
2006—Subsec. (a)(6).
2002—Subsec. (a)(1)(F).
Subsec. (a)(2).
1999—Subsec. (a)(6).
1997—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(7), (8).
Subsec. (a)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2018 Amendment
Amendment by section 50721(a) of
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 305(b)(2), (c)(2) of
§629b. State plans
(a) Plan requirements
A State plan meets the requirements of this subsection if the plan—
(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart;
(2)(A)(i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter;
(B) describes the methods to be used in measuring progress toward accomplishment of the goals;
(C) contains assurances that the State—
(i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and
(ii) after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year;
(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations;
(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under
(5) contains assurances that the State will—
(A) annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services, community-based family support services, family reunification services, and adoption promotion and support services) of—
(i) the service programs to be made available under the plan in the immediately succeeding fiscal year;
(ii) the populations which the programs will serve; and
(iii) the geographic areas in the State in which the services will be available; and
(B) perform the activities described in subparagraph (A)—
(i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and
(ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year;
(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan;
(7)(A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and
(B) provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State's compliance with the prohibition contained in subparagraph (A);
(8)(A) provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require; and
(B) provides that, not later than June 30 of each year, the State will submit to the Secretary—
(i) copies of form CFS–101 (including all parts and any successor forms) that report on planned child and family services expenditures by the agency for the immediately succeeding fiscal year; and
(ii) copies of form CFS–101 (including all parts and any successor forms) that provide, with respect to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on such forms, for the most recent preceding fiscal year for which reporting of actual expenditures is complete—
(I) the numbers of families and of children served by the State agency;
(II) the population served by the State agency;
(III) the geographic areas served by the State agency; and
(IV) the actual expenditures of funds provided to the State agency;
(9) contains assurances that in administering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern; and
(10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations.
(b) Approval of plans
(1) In general
The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, family reunification, and adoption promotion and support services).
(2) Plans of Indian tribes or tribal consortia
(A) Exemption from inappropriate requirements
The Secretary may exempt a plan submitted by an Indian tribe or tribal consortium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium.
(B) Special rule
Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe or tribal consortium under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under
(c) Annual submission of State reports to Congress
(1) In general
The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
(2) Information to be included
The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1.
(3) Public accessibility
Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.
(Aug. 14, 1935, ch. 531, title IV, §432, as added
Amendment of Section
(1) in subsection (a), by striking "and" after the semicolon in paragraph (9), by striking the period and inserting "; and" in paragraph (10), and 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
(2) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
"(1) 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) 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)."; and
(B) in paragraph (2)(B), by striking "
See 2025 Amendment notes below.
Editorial Notes
Prior Provisions
A prior section 432 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a)(11).
Subsec. (b)(1).
Subsec. (b)(2)(B).
2018—Subsec. (a)(4).
Subsec. (a)(5)(A).
Subsec. (b)(1).
2011—Subsec. (a)(8)(B)(i), (ii).
Subsec. (a)(10).
Subsec. (c).
2006—Subsec. (a)(8).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (c).
1998—Subsec. (a)(8).
1997—Subsec. (a)(4).
Subsec. (a)(5)(A).
Subsec. (a)(9).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
§629c. Allotments to States
(a) Indian tribes or tribal consortia
From the amount reserved pursuant to
(b) Territories
From the amount described in
(c) Other States
(1) In general
From the amount described in
(2) Supplemental nutrition assistance program benefits percentage defined
(A) In general
As used in paragraph (1) of this subsection, the term "supplemental nutrition assistance program benefits percentage" means, with respect to a State and a fiscal year, the average monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under
(B) Fiscal years used in calculation
For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State's allotment is calculated under this subsection, for which such data are available to the Secretary.
(d) Reallotments
The amount of any allotment to a State under subsection (a), (b), or (c) of this section for any fiscal year that the State certifies to the Secretary will not be required for carrying out the State plan under
(e) Allotment of funds reserved to support monthly caseworker visits
(1) Territories
From the amount reserved pursuant to
(2) Other States
From the amount reserved pursuant to
(Aug. 14, 1935, ch. 531, title IV, §433, as added
Amendment of Section
(1) in subsection (a), by striking "629f(b)(3) of this title" and inserting "629f(b)(2) of this title"; and
(2) in subsection (e)—
(A) by striking paragraphs (1) and (2) and inserting the following:
"(1) Base allotment
"From the amount reserved pursuant to
"(2) Territories
"From the amount reserved pursuant to
"(3) Other States
"From the amount reserved pursuant to
(B) by striking "629f(b)(4)(A) of this title" and inserting "629f(b)(3)(A) of this title" each place it appears.
See 2025 Amendment notes below.
Editorial Notes
Codification
Prior Provisions
A prior section 433 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a).
Subsec. (e).
2011—Subsec. (c)(2).
Subsec. (c)(2)(A).
2008—Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (e)(2).
2006—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 4002(b)(1)(B), (D), (2)(V) of
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
§629d. Payments to States
(a) Entitlement
Each State that has a plan approved under
(1) the lesser of—
(A) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or
(B) the allotment of the State under subsection (a), (b), or (c) of
(2) the lesser of—
(A) 75 percent of the total expenditures by the State in accordance with
(B) the allotment of the State under
(b) Prohibitions
(1) No use of other Federal funds for State match
Each State receiving an amount paid under subsection (a) may not expend any Federal funds to meet the costs of services under the State plan under
(2) Availability of funds
A State may not expend any amount paid under subsection (a) for any fiscal year after the end of the immediately succeeding fiscal year.
(c) Direct payments to tribal organizations of Indian tribes or tribal consortia
The Secretary shall pay any amount to which an Indian tribe or tribal consortium is entitled under this section directly to the tribal organization of the Indian tribe or in the case of a payment to a tribal consortium, such tribal organizations of, or entity established by, the Indian tribes that are part of the consortium as the consortium shall designate.
(d) Limitation on reimbursement for administrative costs
The Secretary shall not make a payment to a State under this section with respect to expenditures for administrative costs during a fiscal year, to the extent that the total amount of the expenditures exceeds 10 percent of the total expenditures of the State during the fiscal year under the State plan approved under
(Aug. 14, 1935, ch. 531, title IV, §434, as added
Amendment of Subsection (a)(2)(A)
Editorial Notes
Prior Provisions
A prior section 434 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a)(2)(A).
2006—Subsec. (a).
"(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or
"(2) the allotment of the State under
Subsec. (c).
Subsec. (d).
2002—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Emergency Funding for the Marylee Allen Promoting Safe and Stable Families Program
"(a)
"(b)
§629e. Evaluations; research; technical assistance
(a) Evaluations
(1) In general
The Secretary shall evaluate and report to the Congress biennially on the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate 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, in accordance with criteria established in accordance with paragraph (2).
(2) Criteria to be used
In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as—
(A) State agencies administering programs under this part and part E;
(B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare; and
(C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs.
(3) Timing of report
Beginning in 2003, the Secretary shall submit the biennial report required by this subsection not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d).
(b) Coordination of evaluations
The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart.
(c) Evaluation, research, and technical assistance with respect to targeted program resources
Of the amount reserved under
(1) $1,000,000 for evaluations, research, and providing technical assistance with respect to supporting monthly caseworker visits with children who are in foster care under the responsibility of the State, in accordance with
(2) $1,000,000 for evaluations, research, and providing technical assistance with respect to grants under
(d) Technical assistance
To the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes or tribal consortia to—
(1) develop research-based protocols for identifying families at risk of abuse and neglect of use in the field;
(2) develop treatment models that address the needs of families at risk, particularly families with substance abuse issues;
(3) implement programs with well-articulated theories of how the intervention will result in desired changes among families at risk;
(4) establish mechanisms to ensure that service provision matches the treatment model; and
(5) establish mechanisms to ensure that postadoption services meet the needs of the individual families and develop models to reduce the disruption rates of adoption.
(e) Family recovery and reunification program replication project
(1) Purpose
The purpose of this subsection is to provide resources to the Secretary to support the conduct and evaluation of a family recovery and reunification program replication project (referred to in this subsection as the "project") and to determine the extent to which such programs may be appropriate for use at different intervention points (such as when a child is at risk of entering foster care or when a child is living with a guardian while a parent is in treatment). The family recovery and reunification program conducted under the project shall use a recovery coach model that is designed to help reunify families and protect children by working with parents or guardians with a substance use disorder who have temporarily lost custody of their children.
(2) Program components
The family recovery and reunification program conducted under the project shall adhere closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children and, consistent with such elements and protocol, shall provide such items and services as—
(A) assessments to evaluate the needs of the parent or guardian;
(B) assistance in receiving the appropriate benefits to aid the parent or guardian in recovery;
(C) services to assist the parent or guardian in prioritizing issues identified in assessments, establishing goals for resolving such issues that are consistent with the goals of the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children, and making a coordinated plan for achieving such goals;
(D) home visiting services coordinated with the child welfare agency and treatment provider involved with the parent or guardian or their children;
(E) case management services to remove barriers for the parent or guardian to participate and continue in treatment, as well as to re-engage a parent or guardian who is not participating or progressing in treatment;
(F) access to services needed to monitor the parent's or guardian's compliance with program requirements;
(G) frequent reporting between the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children to ensure appropriate information on the parent's or guardian's status is available to inform decision-making; and
(H) assessments and recommendations provided by a recovery coach to the child welfare caseworker responsible for documenting the parent's or guardian's progress in treatment and recovery as well as the status of other areas identified in the treatment plan for the parent or guardian, including a recommendation regarding the expected safety of the child if the child is returned to the custody of the parent or guardian that can be used by the caseworker and a court to make permanency decisions regarding the child.
(3) Responsibilities of the Secretary
(A) In general
The Secretary shall, through a grant or contract with 1 or more entities, conduct and evaluate the family recovery and reunification program under the project.
(B) Requirements
In identifying 1 or more entities to conduct the evaluation of the family recovery and reunification program, the Secretary shall—
(i) determine that the area or areas in which the program will be conducted have sufficient substance use disorder treatment providers and other resources (other than those provided with funds made available to carry out the project) to successfully conduct the program;
(ii) determine that the area or areas in which the program will be conducted have enough potential program participants, and will serve a sufficient number of parents or guardians and their children, so as to allow for the formation of a control group, evaluation results to be adequately powered, and preliminary results of the evaluation to be available within 4 years of the program's implementation;
(iii) provide the entity or entities with technical assistance for the program design, including by working with 1 or more entities that are or have been involved in recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children so as to make sure the program conducted under the project adheres closely to the elements and protocol determined to be most effective in such other recovery coaching programs;
(iv) assist the entity or entities in securing adequate coaching, treatment, child welfare, court, and other resources needed to successfully conduct the family recovery and reunification program under the project; and
(v) ensure the entity or entities will be able to monitor the impacts of the program in the area or areas in which it is conducted for at least 5 years after parents or guardians and their children are randomly assigned to participate in the program or to be part of the program's control group.
(4) Evaluation requirements
(A) In general
The Secretary, in consultation with the entity or entities conducting the family recovery and reunification program under the project, shall conduct an evaluation to determine whether the program has been implemented effectively and resulted in improvements for children and families. The evaluation shall have 3 components: a pilot phase, an impact study, and an implementation study.
(B) Pilot phase
The pilot phase component of the evaluation shall consist of the Secretary providing technical assistance to the entity or entities conducting the family recovery and reunification program under the project to ensure—
(i) the program's implementation adheres closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and
(ii) random assignment of parents or guardians and their children to be participants in the program or to be part of the program's control group is being carried out.
(C) Impact study
The impact study component of the evaluation shall determine the impacts of the family recovery and reunification program conducted under the project on the parents and guardians and their children participating in the program. The impact study component shall—
(i) be conducted using an experimental design that uses a random assignment research methodology;
(ii) consistent with previous studies of other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children, measure outcomes for parents and guardians and their children over multiple time periods, including for a period of 5 years; and
(iii) include measurements of family stability and parent, guardian, and child safety for program participants and the program control group that are consistent with measurements of such factors for participants and control groups from previous studies of other recovery coaching programs so as to allow results of the impact study to be compared with the results of such prior studies, including with respect to comparisons between program participants and the program control group regarding—
(I) safe family reunification;
(II) time to reunification;
(III) permanency (such as through measures of reunification, adoption, or placement with guardians);
(IV) safety (such as through measures of subsequent maltreatment);
(V) parental or guardian treatment persistence and engagement;
(VI) parental or guardian substance use;
(VII) juvenile delinquency;
(VIII) cost; and
(IX) other measurements agreed upon by the Secretary and the entity or entities operating the family recovery and reunification program under the project.
(D) Implementation study
The implementation study component of the evaluation shall be conducted concurrently with the conduct of the impact study component and shall include, in addition to such other information as the Secretary may determine, descriptions and analyses of—
(i) the adherence of the family recovery and reunification program conducted under the project to other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and
(ii) the difference in services received or proposed to be received by the program participants and the program control group.
(E) Report
The Secretary shall publish on an internet website maintained by the Secretary the following information:
(i) A report on the pilot phase component of the evaluation.
(ii) A report on the impact study component of the evaluation.
(iii) A report on the implementation study component of the evaluation.
(iv) A report that includes—
(I) analyses of the extent to which the program has resulted in increased reunifications, increased permanency, case closures, net savings to the State or States involved (taking into account both costs borne by States and the Federal government), or other outcomes, or if the program did not produce such outcomes, an analysis of why the replication of the program did not yield such results;
(II) if, based on such analyses, the Secretary determines the program should be replicated, a replication plan; and
(III) such recommendations for legislation and administrative action as the Secretary determines appropriate.
(5) Appropriation
In addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for fiscal year 2019 to carry out the project, which shall remain available through fiscal year 2026.
(Aug. 14, 1935, ch. 531, title IV, §435, as added
Amendment of Section
(1) in subsection (a)(2)(B), by inserting "including community-based partners with expertise in preventing unnecessary child welfare system involvement" before the semicolon;
(2) by amending subsection (c) to read as follows:
"(c) Evaluation, research, and technical assistance with respect to targeted program resources
"Of the amount reserved under
"(1) $1,000,000 for technical assistance to grantees under
"(2) $1,000,000 for technical assistance required under
(3) in subsection (d), by striking "and" at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting "; and", and by adding at the end the following new paragraph:
"(6) use grants under
(4) 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
(B) kinship navigator programs described in
(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
(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) 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 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
(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
(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) 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
(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
(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—
(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
(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
(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
(ii) includes a kinship navigator program described in
See 2025 Amendment notes below.
Editorial Notes
Prior Provisions
A prior section 435 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a)(2)(B).
Subsec. (c).
Subsec. (d)(6).
Subsec. (f).
2018—Subsec. (e).
2006—Subsec. (c).
Subsec. (d).
2002—
Subsec. (a)(1).
Subsec. (a)(3).
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
§629f. Authorization of appropriations; reservation of certain amounts
(a) Authorization
In addition to any amount otherwise made available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 for each of fiscal years 2017 through 2023.
(b) Reservation of certain amounts
From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve $6,000,000 for expenditure by the Secretary—
(A) for research, training, and technical assistance costs related to the program under this subpart; and
(B) for evaluation of State programs based on the plans approved under
(2) State court improvements
The Secretary shall reserve $30,000,000 for grants under
(3) Indian tribes or tribal consortia
After applying paragraphs (4) and (5) (but before applying paragraphs (1) or (2)), the Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with
(4) Support for monthly caseworker visits
(A) Reservation
The Secretary shall reserve for allotment in accordance with
(B) Use of funds
(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 foster care under the responsibility of the State, with an emphasis on improving 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) Nonsupplantation
A State to which an amount is paid from amounts reserved pursuant to subparagraph (A) shall not use the amount to supplant any Federal funds paid to the State under part E that could be used as described in clause (i).
(5) Regional partnership grants
The Secretary shall reserve for awarding grants under
(c) Support for foster family homes
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2018, $8,000,000 for the Secretary to make competitive grants to States, Indian tribes, or tribal consortia to support the recruitment and retention of high-quality foster families to increase their capacity to place more children in family settings, focused on States, Indian tribes, or tribal consortia with the highest percentage of children in non-family settings. The amount appropriated under this subparagraph shall remain available through fiscal year 2022.
(Aug. 14, 1935, ch. 531, title IV, §436, as added
Amendment of Subsections (a) and (b)
(a) Authorization
In addition to any amount otherwise made available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 for fiscal year 2025 and $420,000,000 for each of fiscal years 2026 through 2029.
(b) Reservation of certain amounts
From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:
(1) State court improvements
The Secretary shall reserve $30,000,000 for fiscal year 2025 and $40,000,000 for fiscal year 2026 and each succeeding fiscal year for grants under
(2) Indian tribes or tribal consortia
The Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with
(3) Support for monthly caseworker visits
(A) Reservation
The Secretary shall reserve for allotment in accordance with
(B) Use of funds
(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 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.
(ii) Nonsupplantation
A State to which an amount is paid from amounts reserved pursuant to subparagraph (A) shall not use the amount to supplant any Federal funds paid to the State under part E that could be used as described in clause (i).
(4) Regional partnership grants
The Secretary shall reserve for awarding grants under
See 2025 Amendment notes below.
Editorial Notes
Prior Provisions
A prior section 436 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4)(A).
Subsec. (b)(4)(B)(i).
Subsec. (b)(5).
2022—Subsecs. (a), (b)(4)(A), (5).
2020—Subsecs. (a), (b)(4)(A), (5).
Subsec. (f)(10).
2018—Subsec. (a).
Subsec. (b)(4)(A).
Subsec. (b)(5).
Subsec. (c).
2011—Subsec. (a).
Subsec. (b)(4)(A).
"(i) $5,000,000 for fiscal year 2008;
"(ii) $10,000,000 for fiscal year 2009; and
"(iii) $20,000,000 for each of fiscal years 2010 and 2011."
Subsec. (b)(4)(B)(i).
Subsec. (b)(5).
"(A) $40,000,000 for fiscal year 2007;
"(B) $35,000,000 for fiscal year 2008;
"(C) $30,000,000 for fiscal year 2009; and
"(D) $20,000,000 for each of fiscal years 2010 and 2011."
2010—Subsec. (a).
Subsec. (b)(2).
2006—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2020 Amendment
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2010 Amendment
Effective Date of 2006 Amendment
Amendment by
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of
§629g. Discretionary and targeted grants
(a) Limitations on authorization of appropriations
In addition to any amount appropriated pursuant to
(b) Reservation of certain amounts
From the amount (if any) appropriated pursuant to subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in
(2) State court improvements
The Secretary shall reserve 3.3 percent for grants under
(3) Indian tribes or tribal consortia
The Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with subsection (c)(1).
(4) Improving the interstate placement of children
The Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2018 for grants under subsection (g), and the amount so reserved shall remain available through fiscal year 2022.
(c) Allotments
(1) Indian tribes or tribal consortia
From the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium.
(2) Territories
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subection 1 (b) for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under
(3) Other States
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in
(d) Grants
The Secretary may make a grant to a State which has a plan approved under this subpart in an amount equal to the lesser of—
(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or
(2) the allotment of the State under subsection (c) for the fiscal year.
(e) Applicability of certain rules
The rules of subsections (b) and (c) of
(f) Targeted grants to implement IV–E prevention services, and improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids, and other substance abuse
(1) Purpose
The purpose of this subsection is to authorize the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that are designed to increase the well-being of, improve permanency outcomes for, and enhance the safety of children who are in an out-of-home placement or are at risk of being placed in an out-of-home placement as a result of a parent's or caretaker's substance abuse.
(2) Regional partnership defined
In this subsection, the term "regional partnership" means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following:
(A) Mandatory partners for all partnership grants
(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E.
(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act [
(B) Mandatory partners for partnership grants proposing to serve children in out-of-home placements
If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect.
(C) Optional partners
At the option of the partnership, any of the following:
(i) An Indian tribe or tribal consortium.
(ii) Nonprofit child welfare service providers.
(iii) For-profit child welfare service providers.
(iv) Community health service providers, including substance abuse treatment providers.
(v) Community mental health providers.
(vi) Local law enforcement agencies.
(vii) School personnel.
(viii) Tribal child welfare agencies (or a consortia of the agencies).
(ix) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart.
(D) Exception for regional partnerships where the lead applicant is an Indian tribe or tribal consortia
If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium—
(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement;
(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies); and
(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.
(3) Authority to award grants
(A) In general
In addition to amounts authorized to be appropriated to carry out this section, the Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2017 through 2023 under
(B) Required minimum period of approval; planning
(i) In general
A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clauses (ii) and (iii).
(ii) Extension of grant
On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection.
(iii) Sufficient planning
A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.
(C) Multiple grants allowed
This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection.
(D) Limitation on payment for a fiscal year
No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.
(4) Application requirements
To be eligible for a grant under this subsection, a regional partnership shall submit to the Secretary a written application containing the following:
(A) Recent evidence demonstrating that substance abuse has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(B) A description of the goals and outcomes to be achieved during the funding period for the grant that will—
(i) enhance the well-being of children, parents, and families receiving services or taking part in activities conducted with funds provided under the grant;
(ii) lead to safe, permanent caregiving relationships for the children;
(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment;
(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under
(v) decrease the number of out-of-home placements for children, increase reunification rates for children who have been placed in out-of-home care, or decrease the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(C) A description of the joint activities to be funded in whole or in part with the funds provided under the grant, including the sequencing of the activities proposed to be conducted under the funding period for the grant.
(D) A description of the strategies for integrating programs and services determined to be appropriate for the child and the child's family.
(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under
(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.
(5) Use of funds
Funds made available under a grant made under this subsection shall only be used for services or activities that are consistent with the purpose of this subsection and may include the following:
(A) Family-based comprehensive long-term substance use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery services.
(B) Early intervention and preventative services.
(C) Children and family counseling.
(D) Mental health services.
(E) Parenting skills training.
(F) Replication of successful models for providing family-based comprehensive long-term substance abuse treatment services.
(6) Matching requirement
(A) Federal share
A grant awarded under this subsection shall be available to pay a percentage share of the costs of services provided or activities conducted under such grant, not to exceed—
(i) 85 percent for the first and second fiscal years for which the grant is awarded to a recipient;
(ii) 80 percent for the third and fourth such fiscal years;
(iii) 75 percent for the fifth such fiscal year;
(iv) 70 percent for the sixth such fiscal year; and
(v) 65 percent for the seventh such fiscal year.
(B) Non-Federal share
The non-Federal share of the cost of services provided or activities conducted under a grant awarded under this subsection may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
(7) Considerations in awarding grants
In awarding grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships—
(A) demonstrate that substance abuse by parents or caretakers has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region;
(B) have limited resources for addressing the needs of children affected by such abuse;
(C) have a lack of capacity for, or access to, comprehensive family treatment services;
(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; and
(E) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period.
(8) Performance indicators
(A) In general
Not later than 9 months after September 28, 2006, the Secretary shall review indicators that are used to assess periodically the performance of the grant recipients under this subsection and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in
(B) Consultation required
In establishing the performance indicators required by subparagraph (A), the Secretary shall base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and consult with the following:
(i) The Assistant Secretary for the Administration for Children and Families.
(ii) The Administrator of the Substance Abuse and Mental Health Services Administration.
(iii) Other stakeholders or constituencies as determined by the Secretary.
(9) Reports
(A) Grantee reports
(i) Semiannual reports
Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.
(ii) Incorporation of information related to performance indicators
Each recipient of a grant under this subsection shall incorporate into the first annual report required by clause (i) that is submitted after the establishment of performance indicators under paragraph (8), information required in relation to such indicators.
(B) Reports to Congress
On the basis of the reports submitted under subparagraph (A), the Secretary annually shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on—
(i) the services provided and activities conducted with funds provided under grants awarded under this subsection;
(ii) the performance indicators established under paragraph (8); and
(iii) the progress that has been made in addressing the needs of families with substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability.
(10) Limitation on use of funds for administrative expenses of the Secretary
Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection for each of fiscal years 2017 through 2023 may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.
(g) Funding for the development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care or guardianship, or for adoption
(1) Purpose
The purpose of this subsection is to facilitate the development of an electronic interstate case-processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines.
(2) Requirements
A State that seeks funding under this subsection shall submit to the Secretary the following:
(A) A description of the goals and outcomes to be achieved, which goals and outcomes must result in—
(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines;
(ii) improving administrative processes and reducing costs in the foster care system; and
(iii) the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children.
(B) A description of the activities to be funded in whole or in part with the funds, including the sequencing of the activities.
(C) A description of the strategies for integrating programs and services for children who are placed across State lines.
(D) Such other information as the Secretary may require.
(3) Funding authority
The Secretary may provide funds to a State that complies with paragraph (2). In providing funds under this subsection, the Secretary shall prioritize States that are not yet connected with the electronic interstate case-processing system referred to in paragraph (1).
(4) Use of funds
A State to which funding is provided under this subsection shall use the funding to support the State in connecting with, or enhancing or expediting services provided under, the electronic interstate case-processing system referred to in paragraph (1).
(5) Evaluations
Not later than 1 year after the final year in which funds are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information:
(A) How using the electronic interstate case-processing system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines.
(B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate case-processing system, and the number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year.
(C) The progress made by States in implementing the electronic interstate case-processing system.
(D) How using the electronic interstate case-processing system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines.
(E) How using the electronic interstate case-processing system has affected administrative costs and caseworker time spent on placing children across State lines.
(6) Data integration
The Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by—
(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems);
(B) simplifying and improving reporting related to paragraphs (34) and (35) of
(C) improving the ability of States to quickly comply with background check requirements of
(Aug. 14, 1935, ch. 531, title IV, §437, as added
Amendment of Section
(1) in subsection (a), by striking "2017 through 2023" and inserting "2025 through 2029"; and
(2) in subsection (b)—
(A) in paragraph (1), by striking "629f(b)(1) of this title" and inserting "629e of this title"; and
(B) by adding at the end the following:
(5) Preventive services evaluation partnerships
The Secretary shall reserve $5,000,000 for grants under
(6) Kinship navigators
The Secretary shall reserve $10,000,000 for grants under
(f) Targeted grants to implement IV–E prevention services, and improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids, and other substance abuse
(1) Purpose
The purpose of this subsection is to authorize the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that are designed to increase the well-being of, improve permanency outcomes for, and enhance the safety of children who are in an out-of-home placement or are at risk of being placed in an out-of-home placement as a result of a parent's or caretaker's substance abuse, and expand the scope of the evidence-based services that may be approved by the clearinghouse established under
(2) Regional partnership defined
In this subsection, the term "regional partnership" means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following:
(A) Mandatory partners for all partnership grants
(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E.
(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act [
(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.
(B) Optional partners
At the option of the partnership, any of the following:
(i) An Indian tribe or tribal consortium.
(ii) Nonprofit child welfare service providers.
(iii) For-profit child welfare service providers.
(iv) Community health service providers, including substance abuse treatment providers.
(v) Community mental health providers.
(vi) Local law enforcement agencies.
(vii) School personnel.
(viii) Tribal child welfare agencies (or a consortia of the agencies).
(ix) State or local agencies that administer Federal health care, housing, family support, or other related programs.
(x) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart.
(C) Exception for regional partnerships where the lead applicant is an Indian tribe or tribal consortia
If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium—
(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement and
(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies).
(3) Authority to award grants
(A) In general
The Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2025 through 2029 under
(B) Required minimum period of approval; planning
(i) In general
A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clauses (ii) and (iii).
(ii) Extension of grant
On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection.
(iii) Sufficient planning
(I) In general
A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed the total anticipated funding for the implementation phase.
(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.
(C) Multiple grants allowed
This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection.
(D) Limitation on payment for a fiscal year
No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.
(4) Application requirements
To be eligible for a grant under this subsection, a regional partnership shall submit to the Secretary a written application containing the following:
(A) Recent evidence demonstrating that substance abuse has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(B) A description of the goals and outcomes to be achieved during the funding period for the grant that will—
(i) enhance the well-being of children, parents, and families receiving services or taking part in activities conducted with funds provided under the grant;
(ii) lead to safe, permanent caregiving relationships for the children;
(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment;
(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under
(v) decrease the number of out-of-home placements for children, increase reunification rates for children who have been placed in out-of-home care, or decrease the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(C) A description of the joint activities to be funded in whole or in part with the funds provided under the grant, including the sequencing of the activities proposed to be conducted under the funding period for the grant.
(D) A description of the strategies for integrating programs and services determined to be appropriate for the child and the child's family.
(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under
(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.
(5) Use of funds
Funds made available under a grant made under this subsection shall only be used for services or activities that are consistent with the purpose of this subsection and may include the following:
(A) Family-based comprehensive long-term substance use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery services.
(B) Early intervention and preventative services.
(C) Children and family counseling.
(D) Mental health services.
(E) Parenting skills training.
(F) Replication of successful models for providing family-based comprehensive long-term substance abuse treatment services.
(6) Matching requirement
(A) Federal share
A grant awarded under this subsection shall be available to pay a percentage share of the costs of services provided or activities conducted under such grant, not to exceed—
(i) 85 percent for the first and second fiscal years for which the grant is awarded to a recipient;
(ii) 80 percent for the third and fourth such fiscal years;
(iii) 75 percent for the fifth such fiscal year;
(iv) 70 percent for the sixth such fiscal year; and
(v) 65 percent for the seventh such fiscal year.
(B) Non-Federal share
The non-Federal share of the cost of services provided or activities conducted under a grant awarded under this subsection may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
(7) Considerations in awarding grants
In awarding grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships—
(A) demonstrate that substance abuse by parents or caretakers has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region;
(B) have limited resources for addressing the needs of children affected by such abuse;
(C) have a lack of capacity for, or access to, comprehensive family treatment services;
(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies;
(E) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period;
(F) have submitted information pursuant to paragraph (4)(F) that demonstrates the capability to participate in rigorous evaluation of program effectiveness; and
(G) are a State or public agency, or outline a plan to increase the availability of services funded under the grant statewide.
(8) Performance indicators
(A) In general
Not later than 9 months after September 28, 2006, the Secretary shall review indicators that are used to assess periodically the performance of the grant recipients under the Protecting America's Children by Strengthening Families Act and establish a set of core indicators related to child safety, child permanency, reunification, re-entry into care, parental recovery, parenting capacity, and family well-being, 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. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in
(B) Consultation required
In establishing the performance indicators required by subparagraph (A), the Secretary shall base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and consult with the following:
(i) The Assistant Secretary for the Administration for Children and Families.
(ii) The Administrator of the Substance Abuse and Mental Health Services Administration.
(iii) The Administrator of the National Institute on Drug Abuse.
(iv) Other stakeholders or constituencies as determined by the Secretary.
(9) Reports
(A) Grantee reports
(i) Semiannual reports
Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.
(ii) Incorporation of information related to performance indicators
Each recipient of a grant under this subsection shall incorporate into the first annual report required by clause (i) that is submitted after the establishment of performance indicators under paragraph (8), information required in relation to such indicators.
(B) Reports to Congress
On the basis of the reports submitted under subparagraph (A), the Secretary annually shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on—
(i) the services provided and activities conducted with funds provided under grants awarded under this subsection;
(ii) the performance indicators established under paragraph (8);
(iii) the progress that has been made in addressing the needs of families with substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability; and
(iv) whether any programs funded by the grants were submitted to the clearinghouse established under
(10) Limitation on use of funds for administrative expenses of the Secretary
Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.
See 2025 Amendment notes below.
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (f)(2)(A)(ii), is act July 1, 1944, ch. 373,
Codification
Prior Provisions
A prior section 437 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (f)(1).
Subsec. (f)(2)(A)(iii).
Subsec. (f)(2)(B), (C).
Subsec. (f)(2)(C)(ix), (x).
Subsec. (f)(2)(D).
Subsec. (f)(2)(D)(iii).
Subsec. (f)(3)(A).
Subsec. (f)(3)(B)(iii).
Subsec. (f)(7)(F).
Subsec. (f)(7)(G).
Subsec. (f)(8)(A).
Subsec. (f)(8)(B)(iii), (iv).
Subsec. (f)(9)(B)(iv).
Subsec. (f)(10).
2022—Subsecs. (a), (f)(3)(A), (10).
2018—Subsec. (a).
Subsec. (b)(4).
Subsec. (f).
Subsec. (f)(2).
Subsec. (f)(3)(A).
Subsec. (f)(3)(B).
Subsec. (f)(3)(B)(i).
Subsec. (f)(3)(B)(iii).
Subsec. (f)(3)(D).
Subsec. (f)(4)(B)(i).
Subsec. (f)(4)(B)(ii).
Subsec. (f)(4)(B)(iii).
Subsec. (f)(4)(B)(iv).
Subsec. (f)(4)(B)(v).
Subsec. (f)(4)(D).
Subsec. (f)(4)(E), (F).
"(E) A description of the strategies for—
"(i) collaborating with the State child welfare agency described in paragraph (2)(A)(i) (unless that agency is the lead applicant for the regional partnership); and
"(ii) consulting, as appropriate, with—
"(I) the State agency described in paragraph (2)(A)(ii); and
"(II) the State law enforcement and judicial agencies.
To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply to a regional partnership that includes an Indian tribe, tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the regional partnership from the requirement.
"(F) Such other information as the Secretary may require."
Subsec. (f)(5)(A).
Subsec. (f)(7)(D), (E).
Subsec. (f)(8)(A).
Subsec. (f)(8)(B).
Subsec. (f)(8)(B)(iii), (iv).
"(iii) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is a member of a regional partnership that is a grant recipient under this subsection.
"(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient under this subsection."
Subsec. (f)(9)(A)(i).
Subsec. (f)(10).
Subsec. (g).
2011—Subsec. (a).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(3)(A).
Subsec. (f)(3)(B), (C).
Subsec. (f)(4)(A).
Subsec. (f)(6)(A)(iv), (v).
Subsec. (f)(7).
Subsec. (f)(7)(A)(i).
Subsec. (f)(9)(B)(iii).
Subsec. (f)(10).
2008—Subsec. (c)(3).
2006—
Subsec. (a).
Subsec. (b)(3).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2018 Amendment
Amendment by sections 50722(c), (d) and 50723 of
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 4002(b)(1)(D), (2)(V) of
Effective Date of 2006 Amendment
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of
1 So in original. Probably should be "subsection".
2 So in original. Probably should be "being sex trafficking victims".
§629h. Entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption
(a) 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 this subchapter, for the purpose of enabling such courts—
(1) 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)—
(A) that implement this part and part E of this subchapter;
(B) that determine the advisability or appropriateness of foster care placement;
(C) that determine whether to terminate parental rights;
(D) that determine whether to approve the adoption or other permanent placement of a child; 1
(E) that determine the best strategy to use to expedite the interstate placement of children, including—
(i) requiring courts in different States to cooperate in the sharing of information;
(ii) authorizing courts to obtain information and testimony from agencies and parties in other States without requiring interstate travel by the agencies and parties; and
(iii) permitting the participation of parents, children, other necessary parties, and attorneys in cases involving interstate placement without requiring their interstate travel; and 2
(2) to implement improvements the highest state 3 courts deem necessary as a result of the assessments, including—
(A) to provide for the safety, well-being, and permanence of children in foster care in a timely and complete manner, as set forth in the Adoption and Safe Families Act of 1997 (
(B) to implement a corrective action plan, as necessary, resulting from reviews of child and family service programs under
(C) to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and adoption, including by training judges, attorneys, and other legal personnel.
(b) Applications
In order to be eligible to receive a grant under this section, a highest State court shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child, shall provide for the training of judges, attorneys, and other legal personnel in child welfare cases on Federal child welfare policies and payment limitations with respect to children in foster care who are placed in settings that are not a foster family home, and shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary may require, including—
(1) a description of how courts and child welfare agencies on the local and State levels will use not less than 30 percent of grant funds to collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved case tracking and analysis of child abuse and neglect cases will produce safe and timely permanency decisions;
(2) a demonstration that a portion of the grant will be used for cross-training initiatives that are jointly planned and executed with the State agency or any other agency under contract with the State to administer the State program under the State plan under subpart 1, the State plan approved under
(3) a demonstration of meaningful and ongoing collaboration among the courts in the State, the State agency or any other agency under contract with the State who is responsible for administering the State program under this part or part E, and, where applicable, Indian tribes.
(c) Amount of grant
(1) In general
From the amounts reserved under
(A) $255,000; and
(B) the amount described in paragraph (2) with respect to the court and the fiscal year.
(2) Amount described
The amount described in this paragraph with respect to a court and a fiscal year is the amount that bears the same ratio to the total of the amounts reserved under
(3) Indian tribes
From the amounts reserved under
(A) are operating a program under part E, in accordance with
(B) are seeking to operate a program under part E and have received an implementation grant under
(C) have a court responsible for proceedings related to foster care or adoption.
(d) Federal share
Each highest State court which receives funds paid under this section may use such funds to pay not more than 75 percent of the cost of activities under this section in each of fiscal years 2018 through 2023.
(Aug. 14, 1935, ch. 531, title IV, §438, formerly
Amendment of Section
(1) in subsection (a)—
(A) 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;";
(B) in paragraph (2)(C), by striking "personnel." and inserting "personnel and supporting optimal use of remote hearing technology; and"; and
(C) 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.";
(2) in subsection (c)—
(A) by striking "629f(b)(2)" and inserting "629f(b)(1)" in each of paragraphs (1) through (3); and
(B) in paragraph (3), by inserting "for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029," before "for grants";
(3) in subsection (d), by striking "2017 through 2023" and inserting "2025 through 2029"; and
(4) 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 (
See 2025 Amendment notes below.
Editorial Notes
References in Text
The Adoption and Safe Families Act of 1997, referred to in subsec. (a)(2)(A), is
Codification
Section was formerly set out as a note under
Prior Provisions
A prior section 438 of act Aug. 14, 1935, was classified to
Amendments
2025—Subsec. (a)(1)(F).
Subsec. (a)(2)(C).
Subsec. (a)(3).
Subsec. (c)(1), (2).
Subsec. (c)(3).
Subsec. (d).
Subsec. (e).
2022—Subsec. (d).
2020—Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
Subsec. (a)(3), (4).
"(3) to ensure that the safety, permanence, and well-being needs of children are met in a timely and complete manner; and
"(4)(A) to provide for the training of judges, attorneys and other legal personnel in child welfare cases; and
"(B) to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and adoption."
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
2018—Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (d).
Subsec. (e).
"(1) $10,000,000 for grants referred to in subsection (b)(2)(B); and
"(2) $10,000,000 for grants referred to in subsection (b)(2)(C).
"For fiscal year 2011, out of the amount reserved pursuant to
2011—Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2).
"(A) A grant for the purposes described in paragraphs (1) and (2) of subsection (a).
"(B) A grant for the purpose described in subsection (a)(3).
"(C) A grant for the purpose described in subsection (a)(4)."
Subsec. (c).
Subsec. (d).
2010—Subsec. (c)(2)(A).
Subsec. (e).
2006—Subsec. (a)(1)(E).
Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
Subsec. (c)(1)(A).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (c)(1).
"(A) for fiscal year 1995, $75,000 plus the amount described in paragraph (2) for fiscal year 1995; and
"(B) for each of fiscal years 1996 through 2001, $85,000 plus the amount described in paragraph (2) for each of such fiscal years."
Subsec. (c)(2).
Subsec. (d).
"(1) any or all costs of activities under this section in fiscal year 1995; and
"(2) not more than 75 percent of the cost of activities under this section in each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001."
1997—Subsec. (c)(1).
Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2020 Amendment
Amendment by section 305(b) of
Effective Date of 2018 Amendment
Amendment by section 50741(c) of
Effective Date of 2011 Amendment
Amendment by section 104(a)–(d) of
Effective Date of 2010 Amendment
Effective Date of 2006 Amendment
Amendment by
Amendment by
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Court Improvement Program
"(a)
"(b)
"(1)
"(A) reserve not more than $500,000 for Tribal court improvement activities; and
"(B) from the amount remaining after the application of subparagraph (A), make a grant to each highest State court that is approved to receive a grant under section 438 of the Social Security Act for the purpose described in section 438(a)(3) of such Act, for fiscal year 2021.
"(2)
"(A) $85,000; and
"(B) the amount that bears the same ratio to the amount reserved under subsection (a) that remains after the application of paragraph (1)(A) and subparagraph (A) of this paragraph, as the number of individuals in the State in which the court is located who have not attained 21 years of age bears to the total number of such individuals in all States the highest courts of which were awarded a grant under this subsection (based on the most recent year for which data are available from the Bureau of the Census).
"(3)
"(A)
"(B)
"(C)
"(D)
"(E)
"(c)
"(1) Technology investments to facilitate the transition to remote hearings for dependency courts when necessary as a direct result of the COVID–19 public health emergency.
"(2) Training for judges, attorneys, and caseworkers on facilitating and participating in remote hearings that comply with due process and all applicable law, ensure child safety and well-being, and help inform judicial decision-making.
"(3) Programs to help families address aspects of the case plan to avoid delays in legal proceedings that would occur as a direct result of the COVID–19 public health emergency.
"(4) Other purposes to assist courts, court personnel, or related staff related to the COVID–19 public health emergency."
[For definitions of "COVID–19 public health emergency" and "Secretary" as used in section 7(a)–(c) of div. X of
Definitions
"(1)
"(2)
"(3)
1 So in original. Probably should be followed by "and".
2 So in original. The word "and" probably should not appear.
3 So in original. Probably should be capitalized.
§629i. Grants for programs for mentoring children of prisoners
(a) Findings and purposes
(1) Findings
(A) In the period between 1991 and 1999, the number of children with a parent incarcerated in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. In 1999, 2.1 percent of all children in the United States had a parent in Federal or State prison.
(B) Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children.
(C) Nearly 90 percent of the children of incarcerated fathers live with their mothers, and 79 percent of the children of incarcerated mothers live with a grandparent or other relative.
(D) Parental arrest and confinement lead to stress, trauma, stigmatization, and separation problems for children. These problems are coupled with existing problems that include poverty, violence, parental substance abuse, high-crime environments, intrafamilial abuse, child abuse and neglect, multiple care givers, and/or prior separations. As a result, these children often exhibit a broad variety of behavioral, emotional, health, and educational problems that are often compounded by the pain of separation.
(E) Empirical research demonstrates that mentoring is a potent force for improving children's behavior across all risk behaviors affecting health. Quality, one-on-one relationships that provide young people with caring role models for future success have profound, life-changing potential. Done right, mentoring markedly advances youths' life prospects. A widely cited 1995 study by Public/Private Ventures measured the impact of one Big Brothers Big Sisters program and found significant effects in the lives of youth—cutting first-time drug use by almost half and first-time alcohol use by about a third, reducing school absenteeism by half, cutting assaultive behavior by a third, improving parental and peer relationships, giving youth greater confidence in their school work, and improving academic performance.
(2) Purposes
The purposes of this section are to authorize the Secretary—
(A) to make competitive grants to applicants in areas with substantial numbers of children of incarcerated parents, to support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring services for children of prisoners; and
(B) to enter into on a competitive basis a cooperative agreement to conduct a service delivery demonstration project in accordance with the requirements of subsection (g).
(b) Definitions
In this section:
(1) Children of prisoners
The term "children of prisoners" means children one or both of whose parents are incarcerated in a Federal, State, or local correctional facility. The term is deemed to include children who are in an ongoing mentoring relationship in a program under this section at the time of their parents' release from prison, for purposes of continued participation in the program.
(2) 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.
(3) Mentoring services
The term "mentoring services" means those services and activities that support a structured, managed program of mentoring, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.
(c) Program authorized
From the amounts appropriated under subsection (i) for a fiscal year that remain after applying subsection (i)(2), the Secretary shall make grants under this section for each of fiscal years 2007 through 2011 to State or local governments, tribal governments or tribal consortia, faith-based organizations, and community-based organizations in areas that have significant numbers of children of prisoners and that submit applications meeting the requirements of this section, in amounts that do not exceed $5,000,000 per grant.
(d) Application requirements
In order to be eligible for a grant under this section, the chief executive officer of the applicant must submit to the Secretary an application containing the following:
(1) Program design
A description of the proposed program, including—
(A) a list of local public and private organizations and entities that will participate in the mentoring network;
(B) the name, description, and qualifications of the entity that will coordinate and oversee the activities of the mentoring network;
(C) the number of mentor-child matches proposed to be established and maintained annually under the program;
(D) such information as the Secretary may require concerning the methods to be used to recruit, screen support, and oversee individuals participating as mentors, (which methods shall include criminal background checks on the individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary for the program; and
(E) such other information as the Secretary may require.
(2) Community consultation; coordination with other programs
A demonstration that, in developing and implementing the program, the applicant will, to the extent feasible and appropriate—
(A) consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with family members of potential clients;
(B) coordinate the programs and activities under the program with other Federal, State, and local programs serving children and youth; and
(C) consult with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies.
(3) Equal access for local service providers
An assurance that public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis.
(4) Records, reports, and audits
An agreement that the applicant will maintain such records, make such reports, and cooperate with such reviews or audits as the Secretary may find necessary for purposes of oversight of project activities and expenditures.
(5) Evaluation
An agreement that the applicant will cooperate fully with the Secretary's ongoing and final evaluation of the program under the plan, by means including providing the Secretary access to the program and program-related records and documents, staff, and grantees receiving funding under the plan.
(e) Federal share
(1) In general
A grant for a program under this section shall be available to pay a percentage share of the costs of the program up to—
(A) 75 percent for the first and second fiscal years for which the grant is awarded; and
(B) 50 percent for the third and each succeeding such fiscal years.
(2) Non-Federal share
The non-Federal share of the cost of projects under this section may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
(f) Considerations in awarding grants
In awarding grants under this section, the Secretary shall take into consideration—
(1) the qualifications and capacity of applicants and networks of organizations to effectively carry out a mentoring program under this section;
(2) the comparative severity of need for mentoring services in local areas, taking into consideration data on the numbers of children (and in particular of low-income children) with an incarcerated parents 1 (or parents) in the areas;
(3) evidence of consultation with existing youth and family service programs, as appropriate; and
(4) any other factors the Secretary may deem significant with respect to the need for or the potential success of carrying out a mentoring program under this section.
(g) Service delivery demonstration project
(1) Purpose; authority to enter into cooperative agreement
The Secretary shall enter into a cooperative agreement with an eligible entity that meets the requirements of paragraph (2) for the purpose of requiring the entity to conduct a demonstration project consistent with this subsection under which the entity shall—
(A) identify children of prisoners in need of mentoring services who have not been matched with a mentor by an applicant awarded a grant under this section, with a priority for identifying children who—
(i) reside in an area not served by a recipient of a grant under this section;
(ii) reside in an area that has a substantial number of children of prisoners;
(iii) reside in a rural area; or
(iv) are Indians;
(B) provide the families of the children so identified with—
(i) a voucher for mentoring services that meets the requirements of paragraph (5); and
(ii) a list of the providers of mentoring services in the area in which the family resides that satisfy the requirements of paragraph (6); and
(C) monitor and oversee the delivery of mentoring services by providers that accept the vouchers.
(2) Eligible entity
(A) In general
Subject to subparagraph (B), an eligible entity under this subsection is an organization that the Secretary determines, on a competitive basis—
(i) has substantial experience—
(I) in working with organizations that provide mentoring services for children of prisoners; and
(II) in developing quality standards for the identification and assessment of mentoring programs for children of prisoners; and
(ii) submits an application that satisfies the requirements of paragraph (3).
(B) Limitation
An organization that provides mentoring services may not be an eligible entity for purposes of being awarded a cooperative agreement under this subsection.
(3) Application requirements
To be eligible to be awarded a cooperative agreement under this subsection, an entity shall submit to the Secretary an application that includes the following:
(A) Qualifications
Evidence that the entity—
(i) meets the experience requirements of paragraph (2)(A)(i); and
(ii) is able to carry out—
(I) the purposes of this subsection identified in paragraph (1); and
(II) the requirements of the cooperative agreement specified in paragraph (4).
(B) Service delivery plan
(i) Distribution requirements
Subject to clause (iii), a description of the plan of the entity to ensure the distribution of not less than—
(I) 3,000 vouchers for mentoring services in the first year in which the cooperative agreement is in effect with that entity;
(II) 8,000 vouchers for mentoring services in the second year in which the agreement is in effect with that entity; and
(III) 13,000 vouchers for mentoring services in any subsequent year in which the agreement is in effect with that entity.
(ii) Satisfaction of priorities
A description of how the plan will ensure the delivery of mentoring services to children identified in accordance with the requirements of paragraph (1)(A).
(iii) Secretarial authority to modify distribution requirement
The Secretary may modify the number of vouchers specified in subclauses (I) through (III) of clause (i) to take into account the availability of appropriations and the need to ensure that the vouchers distributed by the entity are for amounts that are adequate to ensure the provision of mentoring services for a 12-month period.
(C) Collaboration and cooperation
A description of how the entity will ensure collaboration and cooperation with other interested parties, including courts and prisons, with respect to the delivery of mentoring services under the demonstration project.
(D) Other
Any other information that the Secretary may find necessary to demonstrate the capacity of the entity to satisfy the requirements of this subsection.
(4) Cooperative agreement requirements
A cooperative agreement awarded under this subsection shall require the eligible entity to do the following:
(A) Identify quality standards for providers
To work with the Secretary to identify the quality standards that a provider of mentoring services must meet in order to participate in the demonstration project and which, at a minimum, shall include criminal records checks for individuals who are prospective mentors and shall prohibit approving any individual to be a mentor if the criminal records check of the individual reveals a conviction which would prevent the individual from being approved as a foster or adoptive parent under
(B) Identify eligible providers
To identify and compile a list of those providers of mentoring services in any of the 50 States or the District of Columbia that meet the quality standards identified pursuant to subparagraph (A).
(C) Identify eligible children
To identify children of prisoners who require mentoring services, consistent with the priorities specified in paragraph (1)(A).
(D) Monitor and oversee delivery of mentoring services
To satisfy specific requirements of the Secretary for monitoring and overseeing the delivery of mentoring services under the demonstration project, which shall include a requirement to ensure that providers of mentoring services under the project report data on the children served and the types of mentoring services provided.
(E) Records, reports, and audits
To maintain any records, make any reports, and cooperate with any reviews and audits that the Secretary determines are necessary to oversee the activities of the entity in carrying out the demonstration project under this subsection.
(F) Evaluations
To cooperate fully with any evaluations of the demonstration project, including collecting and monitoring data and providing the Secretary or the Secretary's designee with access to records and staff related to the conduct of the project.
(G) Limitation on administrative expenditures
To ensure that administrative expenditures incurred by the entity in conducting the demonstration project with respect to a fiscal year do not exceed the amount equal to 10 percent of the amount awarded to carry out the project for that year.
(5) Voucher requirements
A voucher for mentoring services provided to the family of a child identified in accordance with paragraph (1)(A) shall meet the following requirements:
(A) Total payment amount; 12-month service period
The voucher shall specify the total amount to be paid a provider of mentoring services for providing the child on whose behalf the voucher is issued with mentoring services for a 12-month period.
(B) Periodic payments as services provided
(i) In general
The voucher shall specify that it may be redeemed with the eligible entity by the provider accepting the voucher in return for agreeing to provide mentoring services for the child on whose behalf the voucher is issued.
(ii) Demonstration of the provision of services
A provider that redeems a voucher issued by the eligible entity shall receive periodic payments from the eligible entity during the 12-month period that the voucher is in effect upon demonstration of the provision of significant services and activities related to the provision of mentoring services to the child on whose behalf the voucher is issued.
(6) Provider requirements
In order to participate in the demonstration project, a provider of mentoring services shall—
(A) meet the quality standards identified by the eligible entity in accordance with paragraph (1);
(B) agree to accept a voucher meeting the requirements of paragraph (5) as payment for the provision of mentoring services to a child on whose behalf the voucher is issued;
(C) demonstrate that the provider has the capacity, and has or will have nonfederal resources, to continue supporting the provision of mentoring services to the child on whose behalf the voucher is issued, as appropriate, after the conclusion of the 12-month period during which the voucher is in effect; and
(D) if the provider is a recipient of a grant under this section, demonstrate that the provider has exhausted its capacity for providing mentoring services under the grant.
(7) 3-year period; option for renewal
(A) In general
A cooperative agreement awarded under this subsection shall be effective for a 3-year period.
(B) Renewal
The cooperative agreement may be renewed for an additional period, not to exceed 2 years and subject to any conditions that the Secretary may specify that are not inconsistent with the requirements of this subsection or subsection (i)(2)(B), if the Secretary determines that the entity has satisfied the requirements of the agreement and evaluations of the service delivery demonstration project demonstrate that the voucher service delivery method is effective in providing mentoring services to children of prisoners.
(8) Independent evaluation and report
(A) In general
The Secretary shall enter into a contract with an independent, private organization to evaluate and prepare a report on the first 2 fiscal years in which the demonstration project is conducted under this subsection.
(B) Deadline for report
Not later than 90 days after the end of the second fiscal year in which the demonstration project is conducted under this subsection, the Secretary shall submit the report required under subparagraph (A) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report shall include—
(i) the number of children as of the end of such second fiscal year who received vouchers for mentoring services; and
(ii) any conclusions regarding the use of vouchers for the delivery of mentoring services for children of prisoners.
(9) No effect on eligibility for other Federal assistance
A voucher provided to a family under the demonstration project conducted under this subsection shall be disregarded for purposes of determining the eligibility for, or the amount of, any other Federal or federally-supported assistance for the family.
(h) Independent evaluation; reports
(1) Independent evaluation
The Secretary shall conduct by grant, contract, or cooperative agreement an independent evaluation of the programs authorized under this section, including the service delivery demonstration project authorized under subsection (g).
(2) Reports
Not later than 12 months after September 28, 2006, the Secretary shall submit a report to the Congress that includes the following:
(A) The characteristics of the mentoring programs funded under this section.
(B) The plan for implementation of the service delivery demonstration project authorized under subsection (g).
(C) A description of the outcome-based evaluation of the programs authorized under this section that the Secretary is conducting as of September 28, 2006, and how the evaluation has been expanded to include an evaluation of the demonstration project authorized under subsection (g).
(D) The date on which the Secretary shall submit a final report on the evaluation to the Congress.
(i) Authorization of appropriations; reservations of certain amounts
(1) Limitations on authorization of appropriations
To carry out this section, there are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal years 2007 through 2011.
(2) Reservations
(A) Research, technical assistance, and evaluation
The Secretary shall reserve 4 percent of the amount appropriated for each fiscal year under paragraph (1) for expenditure by the Secretary for research, technical assistance, and evaluation related to programs under this section.
(B) Service delivery demonstration project
(i) In general
Subject to clause (ii), for purposes of awarding a cooperative agreement to conduct the service delivery demonstration project authorized under subsection (g), the Secretary shall reserve not more than—
(I) $5,000,000 of the amount appropriated under paragraph (1) for the first fiscal year in which funds are to be awarded for the agreement;
(II) $10,000,000 of the amount appropriated under paragraph (1) for the second fiscal year in which funds are to be awarded for the agreement; and
(III) $15,000,000 of the amount appropriated under paragraph (1) for the third fiscal year in which funds are to be awarded for the agreement.
(ii) Assurance of funding for general program grants
With respect to any fiscal year, no funds may be awarded for a cooperative agreement under subsection (g), unless at least $25,000,000 of the amount appropriated under paragraph (1) for that fiscal year is used by the Secretary for making grants under this section for that fiscal year.
(Aug. 14, 1935, ch. 531, title IV, §439, as added
Amendment of Section
§629i. 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) 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:
(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) 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) 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) 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 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) 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) 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;
(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) 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) 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 January 4, 2025, 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);
(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 January 4, 2025, 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) recommendations for refinements to grant requirements to improve program outcomes.
(g) Authority of Secretary with respect to Indian tribes and tribal organizations
(1) 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) 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.
See 2025 Amendment note below.
Editorial Notes
Codification
September 28, 2006, referred to in subsec. (h)(2), was in the original "the date of enactment of this subsection" and "that date of enactment", which were translated as meaning the date of enactment of
Prior Provisions
A prior section 439 of act Aug. 14, 1935, was classified to
Amendments
2025—
2006—Subsec. (a).
Subsec. (a)(2).
Subsec. (c).
Subsec. (g).
Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (i).
Subsec. (i)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date
Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of
1 So in original. Probably should be "parent".
§629k. 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.
(Aug. 14, 1935, ch. 531, title IV, §441, as added
Editorial Notes
References in Text
The Paperwork Reduction Act, referred to in subsec. (a)(2), probably means
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of
Implementation
"(A) comply with section 441 of the Social Security Act [
"(B) notify each recipient of funds under part B of title IV of the Social Security Act [
§629l. Public access to State plans
The Secretary shall—
(1) create a standardized format for State plans required under
(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.
(Aug. 14, 1935, ch. 531, title IV, §442, as added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of