DISCRETIONARY AND TARGETED GRANTS^[142]

Sec. 437. [42 U.S.C. 629g] (a) Limitations on Authorization of Appropriations.—In addition to any amount appropriated pursuant to section 436, there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2017 through 2021.^[143]

(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 section 436(b)(1).

(2) State court improvements.—The Secretary shall reserve 3.3 percent for grants under section 438.

(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)[144] 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.

(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 submits a plan approved under this subpart, 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 subsection (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 section 423.

(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 section 433(c)(2)) of the State for the fiscal year.

(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 section 434 shall apply in like manner to the amounts made available pursuant to subsection (a).

(f)[145] 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^[146] 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 ^[147] substance abuse.

(2)[148] 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.

(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 2021 under section 436(b)(5), to regional partnerships that satisfy the requirements of this subsection, in amounts that are not less than $250,000 and not more than $1,000,000 per grant per fiscal ear.^[149]

(B)[150] Required minimum period of approval; planning.—^[151]

(i)[152] 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 clause (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)[153] 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)[154] 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)[155] 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 ^[156] 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;^[157]

(ii) lead to safe, permanent caregiving relationships for the children;^[158]

(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 section 471(e); and

(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.^[159]

(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.^[160]

(E)[161] 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 section 471(e)and other funds provided to the State for child welfare and substance abuse prevention and treatment services.

(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.^[162]

(B) Early intervention and preventative services.

(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; ^[163]

(iii) 75 percent for the fifth such fiscal year;^[164]

(iv)[165] 70 percent for the sixth such fiscal year; and

(v)[166] 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^[167] into consideration the extent to which applicant regional partnerships—

(A)[168] demonstrate that ^[169] 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)[170] have limited resources for addressing the needs of children affected by such abuse;

(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.^[171]

(8) Performance indicators.—

(A) In general.—Not later than 9 months after the date of enactment of this subsection, 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 section 471(e)(6).^[172]

(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:^[173]

(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.^[174]

(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.^[175]

(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 ^[176] 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.—^[177] Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection for each of fiscal years 2017 through 2021 may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.^[178]

(g)[179]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.

(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 section 471(a)regarding children or youth who have been identified as being a sex trafficking victim or children missing from foster care; and

(C) improving the ability of States to quickly comply with background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B).

^[142] See Vol. II, P.L. 112-34, §103(c)(3), with respect to evaluations of the effectiveness of the grants awarded to regional partnerships under this subsection.

^[143] P.L. 112-34, §102(a)(2), struck out “2007 through 2011” and inserted “2012 through 2016”, October 1, 2011.

P.L. 115–123, §50752(b)(2), struck “2012 through 2016” and inserted “2017 through 2021”. Effective February 9, 2018.

^[144] P.L. 115–123, §50722(d), added paragraph (4). Effective February 9, 2018.

^[145] See Vol. II, P.L. 112-34, §103(c)(3), with respect to evaluations of the effectiveness of the grants awarded to regional partnerships.

^[146] P.L. 112-34, §103(c)(2)(A), struck out “Methamphetamine Or Other”, effective October 1, 2011.

P.L. 115–123, §50723(1), struck “Increase the well-being of, and to improve the permanency outcomes for, children affected by” and inserted “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”. Effective February 9, 2018.

^[147] P.L. 112-34, §103(c)(2)(B), struck out “methamphetamine or other”, effective October 1, 2011

^[148] P.L. 115–123, §50723(2), struck paragraph (2) and inserted a new paragraph (2). Effective February 9, 2018.

^[149] P.L. 112-34, §103(c)(1), struck out “2007 through 2011” and inserted “2012 through 2016”

P.L. 115–123, §50723(3) struck “2012 through 2016” and inserted “2017 through 2021”; and struck “$500,000 and not more than $1,000,000” and inserted “$250,000 and not more than $1,000,000”. Effective October 1, 2011.

^[150] P.L. 112-34, §103(c)(2)(C), amended subparagraph (B) in its entirety, effective October 1, 2011. For subparagraph (B) as it formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 112-34.

^[151] P.L. 115–123 §50723(3)(B)(i) inserted “; PLANNING” after “APPROVAL”. Effective February 9, 2018.

^[152] P.L. 115–123, §50723(3)(B)(ii), struck “clause (ii)” and inserted “clause (ii) and (iii)”. Effective February 9, 2018.

^[153] P.L. 115–123 §50723(3)(B)(iii) inserted new clause (iii). Effective February 9, 2018.

^[154] P.L. 112-34, §103(c)(2)(C), added subparagraph (C), effective October 1, 2011.

^[155] P.L. 115–123, §50723(3)(C), added subparagraph (D). Effective February 9, 2018.

^[156] P.L. 112-34, §103(c)(2)(B), struck out “methamphetamine or other”, effective October 1, 2011.

^[157] P.L. 115–123 §50723(4)(A)(i) inserted “, parents, and families” after “children”. Effective February 9, 2018.

^[158] P.L. 115–123 §50723(4)(A)(ii) struck “safety and permanence for such children; and” and inserted “safe, permanent caregiving relationships for the children;”. Effective February 9, 2018.

^[159] P.L. 115–123, §50723(4)(A), struck “or” and inserted “increase reunification rates for children who have been placed in out-of-home care, or decrease”; and renumbered clause (iii) to (v) and inserted new clauses (iii) and (iv). Effective February 9, 2018.

^[160] P.L. 115–123 §50723(4)(B) struck “where appropriate,”. Effective February 9, 2018.

^[161] P.L. 115–123, §50723(4)(C), struck subparagraphs (E) and (F) and inserted new subparagraphs (E) and (F). Effective February 9, 2018.

^[162] P.L. 115–123, §50723(5), struck “abuse treatment” and inserted “use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery“. Effective February 9, 2018.

^[163] P.L. 112-34, §103(c)(2)(D)(i), struck out “and”.

^[164] P.L. 112-34, §103(c)(2)(D)(ii), struck out the period and inserted a semicolon.

^[165] P.L. 112-34, §103(c)(2)(D)(iii), added this new clause (iv), effective October 1, 2011.

^[166] P.L. 112-34, §103(c)(2)(D)(iii), added this new clause (v), effective October 1, 2011.

^[167] P.L. 112-34, §103(c)(2)(E)(i), struck out “shall—

(A) take” and inserted “shall take”, effective October 1, 2011.

^[168] P.L. 112-34, §103(c)(2)(E)(iv), redesignated the former clauses (i) through (iv) as subparagraphs (A) through (D), respectively.

^[169] P.L. 112-34, §103(c)(2)(B), struck out “methamphetamine or other”, effective October 1, 2011.

^[170] P.L. 112-34, §103(c)(2)(E)(iii), struck out subparagraph (B), effective October 1, 2011. For subparagraph (B) as it formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 112-34.

^[171] P.L. 112-34, §103(c)(2)(E)(ii), struck out “; and” and inserted a period.

P.L. 112-34, §103(c)(2)(E)(iii), struck out subparagraph (B), effective September 30, 2011.

P.L. 115–123 §50723(6)(A-B) struck “and” at the end of subparagraph (C); redesignated subparagraph (D) as Subparagraph (E); inserted new subparagraph (D). Effective February 9, 2018.

^[172] P.L. 115–123 §50723(7)(A)(i) struck “establish indicators that will be” and inserted “review indicators that are”. §50723(7)(A)(ii) struck “in using funds made available under such grants to achieve the purpose of this subsection” and inserted “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 section 471(e)(6)”. Effective February 9, 2018.

^[173] P.L. 115–123 §50723(7)(B)(i) inserted “base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and” before “consult”. Effective February 9, 2018.

^[174] P.L. 115–123 §50723(7)(B)(ii) struck clauses (iii) and (iv); inserted new clause (iii). Effective February 9, 2018.

^[175] P.L. 115–123 §50723(8) struck clause (i) and inserted new clause (i). Effective February 9, 2018.

^[176] P.L. 112-34, §103(c)(2)(B), struck out “methamphetamine or other”, effective October 1, 2011.

^[177] P.L. 112-34, §103(c)(2)(F), added paragraph (10), effective October 1, 2011.

^[178] P.L. 115–123 §50723(9) struck “2012 through 2016” and inserted “2017 through 2021”. Effective February 9, 2018.

^[179] P.L. 115–123, §50722(c), added subsection (g). Effective February 9, 2018.

Compilation of the Social Security Laws

DISCRETIONARY AND TARGETED GRANTS[142]

DISCRETIONARY AND TARGETED GRANTS^[142]