text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Safe and Timely Interstate Placement 
  of Foster Children Act of 2006''.
  
  SEC. 2. SENSE OF THE CONGRESS.
  
      It is the sense of the Congress that--
          (1) the States should expeditiously ratify the revised 
      Interstate Compact for the Placement of Children recently 
      promulgated by the American Public Human Services Association;
          (2) this Act and the revised Interstate Compact for the 
      Placement of Children should not apply to those seeking placement 
      in a licensed residential facility primarily to access clinical 
      mental heath services;
          (3) the States should recognize and implement the deadlines for 
      the completion and approval of home studies as provided in section 
      4 to move children more quickly into safe, permanent homes; and
          (4) Federal policy should encourage the safe and expedited 
      placement of children into safe, permanent homes across State 
      lines.
  
  SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF 
                CHILDREN.
  
      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 (23);
          (2) by striking the period at the end of paragraph (24) and 
      inserting ``; and''; and
          (3) by adding at the end the following:
          ``(25) provide that the State shall have in effect procedures 
      for the orderly and timely interstate placement of children; and 
      procedures implemented in accordance with an interstate compact, if 
      incorporating with the procedures prescribed by paragraph (26), 
      shall be considered to satisfy the requirement of this 
      paragraph.''.
  
  SEC. 4. HOME STUDIES.
  
      (a) Orderly Process.--
          (1) In general.--Section 471(a) of the Social Security Act (42 
      U.S.C. 671(a)) is further amended--
              (A) by striking ``and'' at the end of paragraph (24);
              (B) by striking the period at the end of paragraph (25) and 
          inserting ``; and''; and
              (C) by adding at the end the following:
          ``(26) provides that--
              ``(A)(i) within 60 days after the State receives from 
          another State a request to conduct a study of a home 
          environment for purposes of assessing the safety and 
          suitability of placing a child in the home, the State shall, 
          directly or by contract--
                  ``(I) conduct and complete the study; and
                  ``(II) return to the other State a report on the 
              results of the study, which shall address the extent to 
              which placement in the home would meet the needs of the 
              child; and
              ``(ii) in the case of a home study begun on or before 
          September 30, 2008, if the State fails to comply with clause 
          (i) within the 60-day period as a result of circumstances 
          beyond the control of the State (such as a failure by a Federal 
          agency to provide the results of a background check, or the 
          failure by any entity to provide completed medical forms, 
          requested by the State at least 45 days before the end of the 
          60-day period), the State shall have 75 days to comply with 
          clause (i) if the State documents the circumstances involved 
          and certifies that completing the home study is in the best 
          interests of the child; except that
              ``(iii) this subparagraph shall not be construed to require 
          the State to have completed, within the applicable period, the 
          parts of the home study involving the education and training of 
          the prospective foster or adoptive parents;
              ``(B) the State shall treat any report described in 
          subparagraph (A) that is received from another State or an 
          Indian tribe (or from a private agency under contract with 
          another State) as meeting any requirements imposed by the State 
          for the completion of a home study before placing a child in 
          the home, unless, within 14 days after receipt of the report, 
          the State determines, based on grounds that are specific to the 
          content of the report, that making a decision in reliance on 
          the report would be contrary to the welfare of the child; and
              ``(C) the State shall not impose any restriction on the 
          ability of a State agency administering, or supervising the 
          administration of, a State program operated under a State plan 
          approved under this part to contract with a private agency for 
          the conduct of a home study described in subparagraph (A).''.
          (2) Report to the congress.--Within 12 months after the date of 
      the enactment of this Act, the Secretary of Health and Human 
      Services shall submit to the Committee on Ways and Means of the 
      House of Representatives and the Committee on Finance of the Senate 
      a written report on--
              (A) how frequently States need the extended 75-day period 
          provided for in clause (ii) of section 471(a)(26)(A) of the 
          Social Security Act in order to comply with clause (i) of such 
          section;
              (B) the reasons given for utilizing the extended compliance 
          period;
              (C) the extent to which utilizing the extended compliance 
          period leads to the resolution of the circumstances beyond the 
          control of the State; and
              (D) the actions taken by States and any relevant Federal 
          agencies to resolve the need for the extended compliance 
          period.
          (3) Sense of the congress.--It is the sense of the Congress 
      that each State should--
              (A) use private agencies to conduct home studies when doing 
          so is necessary to meet the requirements of section 471(a)(26) 
          of the Social Security Act; and
              (B) give full faith and credit to any home study report 
          completed by any other State or an Indian tribe with respect to 
          the placement of a child in foster care or for adoption.
      (b) Timely Interstate Home Study Incentive Payments.--Part E of 
  title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by 
  inserting after section 473A the following:
  
  ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.
  
      ``(a) Grant Authority.--The Secretary shall make a grant to each 
  State that is a home study incentive-eligible State for a fiscal year 
  in an amount equal to the timely interstate home study incentive 
  payment payable to the State under this section for the fiscal year, 
  which shall be payable in the immediately succeeding fiscal year.
      ``(b) Home Study Incentive-Eligible State.--A State is a home study 
  incentive-eligible State for a fiscal year if--
          ``(1) the State has a plan approved under this part for the 
      fiscal year;
          ``(2) the State is in compliance with subsection (c) for the 
      fiscal year; and
          ``(3) based on data submitted and verified pursuant to 
      subsection (c), the State has completed a timely interstate home 
      study during the fiscal year.
      ``(c) Data Requirements.--
          ``(1) In general.--A State is in compliance with this 
      subsection for a fiscal year if the State has provided to the 
      Secretary a written report, covering the preceding fiscal year, 
      that specifies--
              ``(A) the total number of interstate home studies requested 
          by the State with respect to children in foster care under the 
          responsibility of the State, and with respect to each such 
          study, the identity of the other State involved;
              ``(B) the total number of timely interstate home studies 
          completed by the State with respect to children in foster care 
          under the responsibility of other States, and with respect to 
          each such study, the identity of the other State involved; and
              ``(C) such other information as the Secretary may require 
          in order to determine whether the State is a home study 
          incentive-eligible State.
          ``(2) Verification of data.--In determining the number of 
      timely interstate home studies to be attributed to a State under 
      this section, the Secretary shall check the data provided by the 
      State under paragraph (1) against complementary data so provided by 
      other States.
      ``(d) Timely Interstate Home Study Incentive Payments.--
          ``(1) In general.--The timely interstate home study incentive 
      payment payable to a State for a fiscal year shall be $1,500, 
      multiplied by the number of timely interstate home studies 
      attributed to the State under this section during the fiscal year, 
      subject to paragraph (2).
          ``(2) Pro rata adjustment if insufficient funds available.--If 
      the total amount of timely interstate home study incentive payments 
      otherwise payable under this section for a fiscal year exceeds the 
      total of the amounts made available pursuant to subsection (h) for 
      the fiscal year (reduced (but not below zero) by the total of the 
      amounts (if any) payable under paragraph (3) of this subsection 
      with respect to the preceding fiscal year), the amount of each such 
      otherwise payable incentive payment shall be reduced by a 
      percentage equal to--
              ``(A) the total of the amounts so made available (as so 
          reduced); divided by
              ``(B) the total of such otherwise payable incentive 
          payments.
          ``(3) Appropriations available for unpaid incentive payments 
      for prior fiscal years.--
              ``(A) In general.--If payments under this section are 
          reduced under paragraph (2) or subparagraph (B) of this 
          paragraph for a fiscal year, then, before making any other 
          payment under this section for the next fiscal year, the 
          Secretary shall pay each State whose payment was so reduced an 
          amount equal to the total amount of the reductions which 
          applied to the State, subject to subparagraph (B) of this 
          paragraph.
              ``(B) Pro rata adjustment if insufficient funds 
          available.--If the total amount of payments otherwise payable 
          under subparagraph (A) of this paragraph for a fiscal year 
          exceeds the total of the amounts made available pursuant to 
          subsection (h) for the fiscal year, the amount of each such 
          payment shall be reduced by a percentage equal to--
                  ``(i) the total of the amounts so made available; 
              divided by
                  ``(ii) the total of such otherwise payable payments.
      ``(e) Two-Year Availability of Incentive Payments.--Payments to a 
  State under this section in a fiscal year shall remain available for 
  use by the State through the end of the next fiscal year.
      ``(f) Limitations on Use of Incentive Payments.--A State shall not 
  expend an amount paid to the State under this section except to provide 
  to children or families any service (including post-adoption services) 
  that may be provided under part B or E. Amounts expended by a State in 
  accordance with the preceding sentence shall be disregarded in 
  determining State expenditures for purposes of Federal matching 
  payments under sections 423, 434, and 474.
      ``(g) Definitions.--In this section:
          ``(1) Home study.--The term `home study' means an evaluation of 
      a home environment conducted in accordance with applicable 
      requirements of the State in which the home is located, to 
      determine whether a proposed placement of a child would meet the 
      individual needs of the child, including the child's safety, 
      permanency, health, well-being, and mental, emotional, and physical 
      development.
          ``(2) Interstate home study.--The term `interstate home study' 
      means a home study conducted by a State at the request of another 
      State, to facilitate an adoptive or foster placement in the State 
      of a child in foster care under the responsibility of the State.
          ``(3) Timely interstate home study.--The term `timely 
      interstate home study' means an interstate home study completed by 
      a State if the State provides to the State that requested the 
      study, within 30 days after receipt of the request, a report on the 
      results of the study. The preceding sentence shall not be construed 
      to require the State to have completed, within the 30-day period, 
      the parts of the home study involving the education and training of 
      the prospective foster or adoptive parents.
      ``(h) Limitations on Authorization of Appropriations.--
          ``(1) In general.--For payments under this section, there are 
      authorized to be appropriated to the Secretary--
              ``(A) $10,000,000 for fiscal year 2007;
              ``(B) $10,000,000 for fiscal year 2008;
              ``(C) $10,000,000 for fiscal year 2009; and
              ``(D) $10,000,000 for fiscal year 2010.
          ``(2) Availability.--Amounts appropriated under paragraph (1) 
      are authorized to remain available until expended.''.
      (c) Repealer.--Effective October 1, 2010, section 473B of the 
  Social Security Act is repealed.
  
  SEC. 5. SENSE OF THE CONGRESS.
  
      It is the sense of the Congress that State agencies should fully 
  cooperate with any court which has authority with respect to the 
  placement of a child in foster care or for adoption, for the purpose of 
  locating a parent of the child, and such cooperation should include 
  making available all information obtained from the Federal Parent 
  Locator Service.
  
  SEC. 6. CASEWORKER VISITS.
  
      (a) Purchase of Services in Interstate Placement Cases.--Section 
  475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is 
  amended by striking ``or of the State in which the child has been 
  placed'' and inserting ``of the State in which the child has been 
  placed, or of a private agency under contract with either such State''.
      (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C. 
  675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.
  
  SEC. 7. HEALTH AND EDUCATION RECORDS.
  
      Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
          (1) in paragraph (1)(C)--
              (A) by striking ``To the extent available and accessible, 
          the'' and inserting ``The''; and
              (B) by inserting ``the most recent information available 
          regarding'' after ``including''; and
          (2) in paragraph (5)(D)--
              (A) by inserting ``a copy of the record is'' before 
          ``supplied''; and
              (B) by inserting ``, and is supplied to the child at no 
          cost at the time the child leaves foster care if the child is 
          leaving foster care by reason of having attained the age of 
          majority under State law'' before the semicolon.
  
  SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.
  
      (a) In General.--Section 475(5)(G) of the Social Security Act (42 
  U.S.C. 675(5)(G)) is amended--
          (1) by striking ``an opportunity'' and inserting ``a right'';
          (2) by striking ``and opportunity'' and inserting ``and 
      right''; and
          (3) by striking ``review or hearing'' each place it appears and 
      inserting ``proceeding''.
      (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C. 
  638(b)) is amended by inserting ``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, and'' after ``highest State court''.
  
  SEC. 9. COURT IMPROVEMENT.
  
      Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1)) 
  is amended--
          (1) by striking ``and'' at the end of subparagraph (C); and
          (2) by adding at the end the following:
              ``(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''.
  
  SEC. 10. REASONABLE EFFORTS.
  
      (a) In General.--Section 471(a)(15)(C) of the Social Security Act 
  (42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if 
  appropriate, through an interstate placement)'' after ``accordance with 
  the permanency plan''.
      (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42 
  U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers 
  in-State and out-of-State permanent placement options for the child,'' 
  before ``shall''.
      (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42 
  U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying 
  appropriate in-State and out-of-State placements'' before ``may''.
  
  SEC. 11. CASE PLANS.
  
      Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) 
  is amended by inserting ``to facilitate orderly and timely in-State and 
  interstate placements'' before the period.
  
  SEC. 12. CASE REVIEW SYSTEM.
  
      Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C) 
  is amended--
          (1) by inserting ``, in the case of a child who will not be 
      returned to the parent, the hearing shall consider in-State and 
      out-of-State placement options,'' after ``living arrangement''; and
          (2) by inserting ``the hearing shall determine'' before 
      ``whether the''.
  
  SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.
  
      Section 422(b)(12) of the Social Security Act (42 U.S.C. 
  622(b)(12)) is amended--
          (1) by striking ``develop plans for the'' and inserting 
      ``make'';
          (2) by inserting ``(including through contracts for the 
      purchase of services)'' after ``resources''; and
          (3) by inserting ``, and shall eliminate legal barriers,'' 
      before ``to facilitate''.
  
  SEC. 14. EFFECTIVE DATE.
  
      (a) In General.--Except as otherwise provided in this section, the 
  amendments made by this Act shall take effect on October 1, 2006, and 
  shall apply to payments under parts B and E of title IV of the Social 
  Security Act for calendar quarters beginning on or after such date, 
  without regard to whether regulations to implement the amendments are 
  promulgated by such date.
      (b) Delay Permitted If State Legislation Required.--If the 
  Secretary of Health and Human Services determines that State 
  legislation (other than legislation appropriating funds) is required in 
  order for a State plan under part B or E of title IV of the Social 
  Security Act to meet the additional requirements imposed by the 
  amendments made by a provision of this Act, the plan shall not be 
  regarded as failing to meet any of the additional requirements before 
  the 1st day of the 1st calendar quarter beginning after the first 
  regular session of the State legislature that begins after the date of 
  the enactment of this Act. If the State has a 2-year legislative 
  session, each year of the session is deemed to be a separate regular 
  session of the State legislature.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Safe and Timely Interstate Placement of Foster Children Act of 2006 - Amends the Social Security Act to require each state plan for foster care and adoption assistance to provide that the state shall: (1) have in effect procedures for orderly and timely interstate placement of children; (2) complete home studies requested by another state within a specified period; (3) accept such studies received from another state; and (4) not impose any restrictions on contracting with a private agency to conduct such a study.
  
  Directs the Secretary of Health and Human Services to make grants for timely interstate home study incentive payments to states that have approved plans and that have completed, and provided the Secretary a report on, such studies.
  
  Expresses the sense of Congress that state agencies should cooperate with courts which have authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child.
  
   Amends the definition of "case review system" to: (1) increase the required frequency of state caseworker visits to a child who is placed in foster care outside the state in which the child's parents reside; (2) require a child's health and education record to be supplied to the child at no cost when he/she leaves foster care by reason of having attained the age of majority under state law; and (3) provide for a foster parent's right (currently, opportunity) to be heard in any proceeding (currently, review or hearing) respecting their foster child. Requires state courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care are notified of any such proceedings.
  
  Includes among the purposes of grants to the highest state courts the assessment of the court's role in carrying out state laws requiring proceedings that determine the best strategy to use to expedite the interstate placement of children.
  
  Provides for consideration of out-of-state placements in permanency hearings, case plans, and case reviews.
  
  Requires each plan for child welfare services to include the assurance that the state will eliminate legal barriers to facilitate timely adoptive or permanent placements for children.
feat_title: To improve protections for children and to hold States accountable for the safe and timely placement of children across State lines, and for other purposes.