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SERVICES TO FAMILIES IN CRISIS - AS MANDATED BY 42
U.S.C. § 671
(a) (15) and 672 (a) (1) - an
agency cannot be reimbursed for the cost of a child's out-of-home care unless
the reasonable efforts requirement is met.
§ 671. State plan for foster care and adoption
assistance
- (a) Requisite features of State plan
In order for a State to be eligible for payments under this
part, it
shall have a plan approved by the Secretary which -
- (1) provides for foster care maintenance payments in accordance with
section 672
of this title and for adoption assistance in accordance with section 673
of this title;
- (2) provides that the State agency responsible for administering the
program authorized by subpart 1 of part B of this subchapter shall
administer, or supervise the administration of, the program authorized
by this part;
- (3) provides that the plan shall be in effect in all political
subdivisions of the State, and, if administered by them, be mandatory
upon them;
- (4) provides that the State shall assure that the programs at the
local level assisted under this part will be coordinated with the
programs at the State or local level assisted under parts A and B of
this subchapter, under subchapter XX of this chapter, and under any
other appropriate provision of Federal law;
- (5) provides that the State will, in the administration of its
programs under this part, use such methods relating to the establishment
and maintenance of personnel standards on a merit basis as are found by
the Secretary to be necessary for the proper and efficient operation of
the programs, except that the Secretary shall exercise no authority with
respect to the selection, tenure of office, or compensation of any
individual employed in accordance with such methods;
- (6) provides that the State agency referred to in paragraph (2)
(hereinafter in this part referred to as the "State agency")
will make such reports, in such form and containing such information as
the Secretary may from time to time require, and comply with such
provisions as the Secretary may from time to time find necessary to
assure the correctness and verification of such reports;
- (7) provides that the State agency will monitor and conduct periodic
evaluations of activities carried out under this part;
- (8) provides safeguards which restrict the use of or disclosure of
information concerning individuals assisted under the State plan to
purposes directly connected with (A) the administration of the plan of
the State approved under this part, the plan or program of the State
under part A, B, or D of this subchapter (including activities under
part F of this subchapter) or under subchapter I, V, X, XIV, XVI (as in
effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX of this
chapter, or the supplemental security income program established by
subchapter XVI of this chapter, (B) any investigation, prosecution, or
criminal or civil proceeding, conducted in connection with the
administration of any such plan or program, (C) the administration of
any other Federal or federally assisted program which provides
assistance, in cash or in kind, or services, directly to individuals on
the basis of need, (D) any audit or similar activity conducted in
connection with the administration of any such plan or program by any
governmental agency which is authorized by law to conduct such audit or
activity, and (E) reporting and providing information pursuant to
paragraph (9) to appropriate authorities with respect to known or
suspected child abuse or neglect; and the safeguards so provided shall
prohibit disclosure, to any committee or legislative body (other than an
agency referred to in clause (D) with respect to an activity referred to
in such clause), of any information which identifies by
name or address
any such applicant or recipient; except that nothing contained herein
shall preclude a State from providing standards which restrict
disclosures to purposes more limited than those specified herein, or
which, in the case of adoptions, prevent disclosure entirely;
- (9) provides that the State agency will -
- (A) report to an appropriate agency or official, known or
suspected instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child
receiving aid under part B of this subchapter or this part under
circumstances which indicate that the child's health or welfare is
threatened thereby; and
- (B) provide such information with respect to a situation described
in subparagraph (A) as the State agency may have;
- (10) provides for the establishment or designation of a State
authority or authorities which shall be responsible for establishing and
maintaining standards for foster family homes and child care
institutions which are reasonably in accord with recommended standards
of national organizations concerned with standards for such institutions
or homes, including standards related to admission policies, safety,
sanitation, and protection of civil rights, and provides that the
standards so established shall be applied by the State to any foster
family home or child care institution receiving funds under this part or
part B of this subchapter;
- (11) provides for periodic review of the standards referred to in the
preceding paragraph and amounts paid as foster care maintenance payments
and adoption assistance to assure their continuing appropriateness;
- (12) provides for granting an opportunity for a fair hearing before
the State agency to any individual whose claim for benefits available
pursuant to this part is denied or is not acted upon with reasonable
promptness;
- (13) provides that the State shall arrange for a periodic and
independently conducted audit of the programs assisted under this part
and part B of this subchapter, which shall be conducted no less
frequently than once every three years;
- (14) provides (A) specific goals (which shall be established by State
law on or before October 1, 1982) for each fiscal year (commencing with
the fiscal year which begins on October 1, 1983) as to the maximum
number of children (in absolute numbers or as a percentage of all
children in foster care with respect to whom assistance under the plan
is provided during such year) who, at any time during such year, will
remain in foster care after having been in such care for a period in
excess of twenty-four months, and (B) a description of the steps which
will be taken by the State to achieve such goals;
- (15) effective October
1, 1983, provides that, in each case, reasonable efforts will be made
(A) prior to the placement of a child in foster care, to prevent or
eliminate the need for removal of the child from his home, and (B) to
make it possible for the child to return to his home;
- (16) provides for the development of a case plan (as defined in
section 675(1)
of this title) for each child receiving foster care maintenance payments
under the State plan and provides for a case review system which meets
the requirements described in section 675(5)(B)
of this title with respect to each such child; and
- (17) provides that, where appropriate, all steps will be taken,
including cooperative efforts with the State agencies administering the
plans approved under parts A and D of this subchapter, to secure an
assignment to the State of any rights to support on behalf of each child
receiving foster care maintenance payments under this part.
- (b) Approval of plan by Secretary
The Secretary shall approve any plan which complies with the provisions
of subsection (a) of this section.
(Amendment to above)
COATS (AND WYDEN) AMENDMENT NO. 4909 (Senate - July 18,
1996)
Mr. ROTH (for Mr. Coats, for himself and Mr. Wyden)
proposed an amendment to the bill, S. 1956, supra; as follows:
At the end of chapter 7, of subtitle A, of title II, add the following:
SEC. . KINSHIP CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking `and' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(18) provides that States shall give preference to an adult
relative over a
non-related caregiver when determining a placement for a child, provided that
the relative caregiver meets all relevant State child protection standards.
END
§ 672. Foster care maintenance payments program
- (a) Qualifying children
Each State with a plan approved under this part shall make foster care
maintenance payments (as defined in section 675(4)
of this title) under this part with respect to a child who would meet the
requirements of section 606(a) of this title or of section 607 of this title
but for his removal from the home of a relative (specified in section 606(a)
of this title), if -
- (1) the removal from the
home occurred pursuant to a voluntary placement agreement entered into
by the child's parent or legal guardian, or was the result of a judicial
determination to the effect that continuation therein would be contrary
to the welfare of such child and (effective October 1, 1983) that
reasonable efforts of the type described in section 671(a)(15) of this
title have been made;
- (2) such child's placement and care are the responsibility of
- (A) the State agency administering the State plan approved under
section 671 of this title, or (B) any other public agency with whom
the State agency administering or supervising the administration of
the State plan approved under section 671 of this title has made an
agreement which is still in effect;
- (3) such child has been placed in a foster family home or child-care
institution as a result of the voluntary placement agreement or judicial
determination referred to in paragraph (1); and
- (4) such child -
- (b) Additional qualifications
Foster care maintenance payments may be made under this part only on
behalf of a child described in subsection (a) of this section
who is -
- (1) in the foster family home of an individual, whether the payments
therefor are made to such individual or to a public or nonprofit private
child-placement or child-care agency, or
- (2) in a child-care institution, whether the payments therefor are
made to such institution or to a public or nonprofit private
child-placement or child-care agency, which payments shall be limited so
as to include in such payments only those items which are included in
the term "foster care maintenance payments" (as defined in
section 675(4) of this title).
- (c) "Foster family home" and "child-care institution"
defined
For the purposes of this part, (1) the term "foster family
home" means a foster family home for children which is licensed by the
State in which it is situated or has been approved, by the agency of such
State having responsibility for licensing homes of this type, as meeting the
standards established for such licensing; and (2) the term "child-care
institution" means a nonprofit private child-care institution, or a
public child-care institution which accommodates no more than twenty-five
children, which is licensed by the State in which it is situated or has been
approved, by the agency of such State responsible for licensing or approval
of institutions of this type, as meeting the standards established for such
licensing, but the term shall not include detention facilities, forestry
camps, training schools, or any other facility operated primarily for the
detention of children who are determined to be delinquent.
- (d) Children removed from their homes
pursuant to voluntary placement
agreements
Notwithstanding any other provision of this subchapter, Federal payments
may be made under this part with respect to amounts expended by any State as
foster care maintenance payments under this section, in the case of children
removed from their homes pursuant to voluntary placement agreements as
described in subsection (a) of this section, only if (at the time such
amounts were expended) the State has fulfilled all of the requirements of
section 627(b)
of this title.
- (e) Placements
in best interest of child
No Federal payment may be made under this part with respect
to amounts expended by any State as foster care maintenance payments under
this section, in the case of any child who was removed from his or her home
pursuant to a voluntary placement agreement as described in subsection (a)
of this section and has remained in voluntary placement for a period in
excess of 180 days, unless there has been a judicial determination by a
court of competent jurisdiction (within the first 180 days of such
placement) to the effect that such placement is in the best interests of the
child.
- (f) "Voluntary placement" and "voluntary placement
agreement" defined
For the purposes of this part and part B of this subchapter, (1) the term
"voluntary placement" means an out-of-home placement of a minor,
by or with participation of a State agency, after the parents or guardians
of the minor have requested the assistance of the agency and
signed a
voluntary placement agreement; and (2) the term "voluntary placement
agreement" means a written agreement, binding on the parties to the
agreement, between the State agency, any other agency acting on its behalf,
and the parents or guardians of a minor child which specifies, at a minimum,
the legal status of the child and the rights and obligations of the parents
or guardians, the child, and the agency while the child is in placement.
- (g) Revocation of voluntary placement agreement
In any case where -
- (1) the placement of a minor child in foster care occurred pursuant to
a voluntary placement agreement entered into by the parents or guardians
of such child as provided in subsection (a) of this section, and
- (2) such parents or guardians request (in such manner and form as the
Secretary may prescribe) that the child be returned to their home or to
the home of a relative, the voluntary placement agreement shall be
deemed to be revoked unless the State agency opposes such request and
obtains a judicial determination, by a court of competent jurisdiction,
that the return of the child to such home would be contrary to the
child's best interests.
- (h) Aid to families with dependent children
For purposes of subchapters XIX and XX of this chapter, any child with
respect to whom foster care maintenance payments are made under this section
shall be deemed to be a dependent child as defined in section 606
of this title and shall be deemed to be a recipient of aid to families with
dependent children under part A of this subchapter. For purposes of the
preceding sentence, a child whose costs in a foster family home or
child-care institution are covered by the foster care maintenance payments
being made with respect to his or her minor parent, as provided in section 675(4)(B)
of this title, shall be considered a child with respect to whom foster care
maintenance payments are made under this section.
REASONABLE EFFORTS MANDATES - a "safeguard'
to parents and children that families not be traumatized due to needless
separation from each other
- ...by inexperienced, ill-trained or racially-socioeconomically-gender
biased Child Protection caseworkers or officials.
IN THE EVENT OF 'EMERGENCY REMOVAL' of a child from his home
- a "safeguard' to parents and children that due
process will be guaranteed by informed, unbiased judiciaries,
who are to mandate accountability for 'reasonable
efforts', that 'Child Protection' agencies be mandated:
- to prove compliance with 'reasonable efforts'
and not merely accept a preprinted form submitted
by Child Protection agencies, for a 'rubber-stamped approval' by the court ,
thereby denying the parent and child due process rights to present evidence
to the contrary.
The family courts, almost without fail
- accepts preprinted 'reasonable efforts' forms from caseworkers...without
question