USC Subpart 1

USC Subpart 1
in effect

42 U.S.C. § 621 Purpose

The purpose of this subpart is to promote State flexibility in the development and expansion of a coordinated child and family services program that utilizes community-based agencies and ensures all children are raised in safe, loving families, by— (1) protecting and promoting the welfare of all children; (2) preventing the neglect, abuse, or exploitation of children; (3) supporting at-risk families through services which allow children, where appropriate, to remain safely with their families or return to their families in a timely manner; (4) promoting the safety, permanence, and well-being of children in foster care and adoptive families; and (5) providing training, professional development and support to ensure a well-qualified child welfare workforce.

42 U.S.C. § 622 State plans for child welfare services

(a) Joint developmentIn order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). (b) Requisite features of State plansEach plan for child welfare services under this subpart shall—(1) provide that a State agency will administer or supervise the administration of the plan under this subpart; (2) provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 11 See References in Text note below. of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 22 So in original. under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families; (3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart; (4) contain a description of—(A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes; (B) the child welfare services staff development and training plans of the State; and (C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child and in which there is an allegation of child abuse or neglect, including a proceeding on dependency, adoption, guardianship, or termination of parental rights, information about available independent legal representation is provided to—(i) the child, as appropriate; and (ii) any individual who is a parent or guardian, or has legal custody, of the child; (5) provide, in the development of services for children, for utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State; (6) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require; (7) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed; (8) provide assurances that the State—(A) is operating, to the satisfaction of the Secretary—(i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care; (ii) a case review system (as defined in section 675(5) of this title and in accordance with the requirements of section 675a of this title) for each child receiving foster care under the supervision of the State; (iii) a service program 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 appropriate for a child, in some other planned, permanent living arrangement, subject to the requirements of sections 675(5)(C) and 675a(a) of this title, which may include a residential educational program; and (iv) a preplacement preventive services program designed to help children at risk of foster care placement remain safely with their families; and (B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children; (9) contain a description, developed after consultation with tribal organizations (as defined in section 5304 of title 25) in the State, of the specific measures taken by the State to comply with the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts; (10) contain assurances that the State shall make effective use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal barriers, to facilitate timely adoptive or permanent placements for waiting children; (11) contain a description of the activities that the State has undertaken for children adopted from other countries, including the provision of adoption and post-adoption services; (12) provide that the State shall collect and report information on children who are adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for the disruption or dissolution; (13) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under this subpart, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under section 1320a–2a of this title; (14) not later than October 1, 2007, include assurances that not more than 10 percent of the expenditures of the State with respect to activities funded from amounts provided under this subpart will be for administrative costs; (15)(A) provides 33 So in original. Probably should be “provide”. that the State will develop, in coordination and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering the State plan approved under subchapter XIX, and, if applicable, the State agency responsible for mental health services, and in consultation with pediatricians, mental health providers, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement, which shall ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs, and shall include an outline of—(i) a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice; (ii) how health needs identified through screenings will be monitored and treated, including a list of services provided to support the physical and emotional trauma associated with a child’s maltreatment and removal from home; (iii) how medical information for children in care will be updated and appropriately shared, which may include the development and implementation of an electronic health record; (iv) steps to ensure continuity of health care and mental health services, which may include the establishment of a medical home for every child in care; (v) the oversight of prescription medicines, including protocols for the appropriate use and monitoring of psychotropic medications, informed consent of youth, and compliance with professional practice guidelines; (vi) how the State actively consults with and involves physicians, licensed mental health providers, or other appropriate medical or non-medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children; (vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and (viii) steps to ensure that the components of the transition plan development process required under section 675(5)(H) of this title that relate to the health care needs of children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with the option to execute such a document, are met; and (B) subparagraph (A) shall not be construed to reduce or limit the responsibility of the State agency responsible for administering the State plan approved under subchapter XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart; (16) provide that, not later than 1 year after September 28, 2006, the State shall have in place procedures providing for how the State programs assisted under this subpart, subpart 2 of this part, or part E would respond to a disaster, in accordance with criteria established by the Secretary which should include how a State would—(A) identify, locate, and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster; (B) respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases; (C) remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster; (D) preserve essential program records; and (E) coordinate services and share information with other States; (17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits; (18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of all vulnerable children under 5 years of age who receive benefits or services under this part or part E; and (19) document steps taken to track and prevent child maltreatment deaths by including—(A) a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the State including entities such as State vital statistics department, child death review teams, law enforcement agencies, offices of medical examiners, or coroners; and (B) a description of the steps the State is taking to develop and implement a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including those in public health, law enforcement, and the courts. (c) DefinitionsIn this subpart:(1) Administrative costsThe term “administrative costs” means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart). (2) Other termsFor definitions of other terms used in this part, see section 675 of this title.

42 U.S.C. § 623 Allotments to States

(a) In general(1) In generalSubject to paragraph (2), for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: The Secretary shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States. (2) Grants to States to enhance collaboration between State child welfare and juvenile justice systemsFor each fiscal year beginning with fiscal year 2023 for which the amount appropriated under section 625 of this title for the fiscal year exceeds $270,000,000—(A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 628c of this title for such fiscal year, not to exceed $10,000,000; and (B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph. (b) Determination of State allotment percentagesThe “allotment percentage” for any State shall be 100 percent less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 percent or more than 70 percent, and (2) the allotment percentage shall be 70 percent in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (c) Promulgation of State allotment percentagesThe allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation. (d) United States definedFor purposes of this section, the term “United States” means the 50 States and the District of Columbia. (e) Reallotment of funds(1) In generalThe amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 622 of this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines—(A) need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and (B) will be able to so use such excess sums during the fiscal year. (2) ConsiderationsThe Secretary shall make the reallotments on the basis of the State plans so developed, after taking into consideration—(A) the population under 21 years of age; (B) the per capita income of each of such other States as compared with the population under 21 years of age; and (C) the per capita income of all such other States with respect to which such a determination by the Secretary has been made. (3) Amounts reallotted to a State deemed part of State allotmentAny amount so reallotted to a State is deemed part of the allotment of the State under this section.

42 U.S.C. § 624 Payment to States

(a) Payment scheduleFrom the sums appropriated therefor and the allotment under this subpart, subject to the conditions set forth in this section, the Secretary shall from time to time pay to each State that has a plan developed in accordance with section 622 of this title an amount equal to 75 percent of the total sum expended under the plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child welfare services. (b) Computation and method of paymentThe method of computing and making payments under this section shall be as follows:(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section. (2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. (c) Limitation on use of Federal funds for child care, foster care maintenance payments, or adoption assistance paymentsThe total amount of Federal payments under this subpart for a fiscal year beginning after September 30, 2007, that may be used by a State for expenditures for child care, foster care maintenance payments, or adoption assistance payments shall not exceed the total amount of such payments for fiscal year 2005 that were so used by the State. (d) Limitation on use by States of non-Federal funds for foster care maintenance payments to match Federal fundsFor any fiscal year beginning after September 30, 2007, State expenditures of non-Federal funds for foster care maintenance payments shall not be considered to be expenditures under the State plan developed under this subpart for the fiscal year to the extent that the total of such expenditures for the fiscal year exceeds the total of such expenditures under the State plan developed under this subpart for fiscal year 2005. (e) Limitation on reimbursement for administrative costsA payment may not be made to a State under this section with respect to expenditures during a fiscal year for administrative costs, to the extent that the total amount of the expenditures exceeds 10 percent of the total expenditures of the State during the fiscal year for activities funded from amounts provided under this subpart. (f) Child visitation by caseworkersEach State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year is not less than 90 percent (or, in the case of fiscal year 2015 or thereafter, 95 percent) of the total number of such visits that would occur during the fiscal year if each such child were so visited once every month while in such care.

42 U.S.C. § 625 Limitations on authorization of appropriations

To carry out this subpart (other than sections 626, 627, and 628b of this title), there are authorized to be appropriated to the Secretary not more than $325,000,000 for each of fiscal years 2025 through 2029.

42 U.S.C. § 626 Research, training, or demonstration projects

(a) Authorization of appropriationsThere are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine—(1) for grants by the Secretary—(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare; (B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and (C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships described in section 628a 11 See References in Text note below. of this title with such stipends and allowances as may be permitted by the Secretary; and (2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters. (b) Payments; advances or reimbursements; installments; conditionsPayments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements. (c) Child welfare traineeshipsThe Secretary may approve an application for a grant to a public or nonprofit institution for higher learning to provide traineeships with stipends under subsection (a)(1)(C) only if the application—(1) provides assurances that each individual who receives a stipend with such traineeship (in this section referred to as a “recipient”) will enter into an agreement with the institution under which the recipient agrees—(A) to participate in training at a public or private nonprofit child welfare agency on a regular basis (as determined by the Secretary) for the period of the traineeship; (B) to be employed for a period of years equivalent to the period of the traineeship, in a public or private nonprofit child welfare agency in any State, within a period of time (determined by the Secretary in accordance with regulations) after completing the postsecondary education for which the traineeship was awarded; (C) to furnish to the institution and the Secretary evidence of compliance with subparagraphs (A) and (B); and (D) if the recipient fails to comply with subparagraph (A) or (B) and does not qualify for any exception to this subparagraph which the Secretary may prescribe in regulations, to repay to the Secretary all (or an appropriately prorated part) of the amount of the stipend, plus interest, and, if applicable, reasonable collection fees (in accordance with regulations promulgated by the Secretary); (2) provides assurances that the institution will—(A) enter into agreements with child welfare agencies for onsite training of recipients; (B) permit an individual who is employed in the field of child welfare services to apply for a traineeship with a stipend if the traineeship furthers the progress of the individual toward the completion of degree requirements; and (C) develop and implement a system that, for the 3-year period that begins on the date any recipient completes a child welfare services program of study, tracks the employment record of the recipient, for the purpose of determining the percentage of recipients who secure employment in the field of child welfare services and remain employed in the field.

42 U.S.C. § 627 Kinship navigators

(a) In generalThe Secretary of Health and Human Services may make matching grants to State, local, or tribal child welfare agencies, private nonprofit organizations that have experience in working with foster children or children in kinship care arrangements, and institutions of higher education (as defined under section 1001 of title 20), for the purpose of administering programs to help children who are in, or at risk of entering, foster care reconnect with family members through the implementation of a kinship navigator program to assist kinship caregivers in learning about, finding, and using programs and services to meet the needs of the children they are raising and their own needs, and to promote effective partnerships among public and private agencies to ensure kinship caregiver families are served, which program—(1) shall be coordinated with other State or local agencies that promote service coordination or provide information and referral services, including the entities that provide 2–1–1 or 3–1–1 information systems where available, to avoid duplication or fragmentation of services to kinship care families; (2) shall be planned and operated in consultation with kinship caregivers and organizations representing them, youth raised by kinship caregivers, relevant government agencies, and relevant community-based or faith-based organizations; (3) shall establish information and referral systems that link (via toll-free access) kinship caregivers, kinship support group facilitators, and kinship service providers to—(A) each other; (B) eligibility and enrollment information for Federal, State, and local benefits; (C) relevant training to assist kinship caregivers in caregiving and in obtaining benefits and services; (D) relevant legal assistance and help in obtaining legal services; and (E) connections to individualized assistance, as needed; (4) shall provide outreach to kinship care families, including by establishing, distributing, and updating a kinship care website, or other relevant guides or outreach materials; (5) shall promote partnerships between public and private agencies, including schools, community based or faith-based organizations, and relevant government agencies, to increase their knowledge of the needs of kinship care families and other individuals who are willing and able to be foster parents for children in foster care under the responsibility of the State who are themselves parents to promote better services for those families; (6) may establish and support a kinship care ombudsman with authority to intervene and help kinship caregivers access services; and (7) may support any other activities designed to assist kinship caregivers in obtaining benefits and services to improve their caregiving. (b) ApplicationsAn entity desiring to receive a matching grant under this section shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including—(1) a description of how the grant will be used to implement the activities described in subsection (a); (2) a description of the types of children and families to be served, including how the children and families will be identified and recruited, and an initial projection of the number of children and families to be served; (3) a description of how the entity will directly fund, or provide data to the Secretary for, an evaluation which will publish and submit information to the clearinghouse described in section 676(d)(2) of this title and which is designed to meet the requirements of section 671(e)(4)(C) of this title, or a description of how the funds will be used to help the State transition to a program for which the State will seek reimbursement under section 674(a)(7) of this title; (4) if the entity is a private organization—(A) documentation of support from the relevant local or State child welfare agency; or (B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant local or State child welfare agency; (5) an assurance that the entity will cooperate fully with any evaluation provided for by the Secretary under this section; and (6) if the entity is a State, local or tribal child welfare agency—(A) documentation of support from a relevant community-based organization with experience serving kinship families when applicable; or (B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant community-based organizations. (c) Limitations(1) Grant durationThe Secretary may award a grant under this section for a period of not less than 1 year and not more than 3 years. (2) Number of new grantees per yearThe Secretary may not award a grant under this section to more than 30 new grantees each fiscal year. (d) Federal shareAn entity to which a grant is made under this section may use the grant to pay not more than 75 percent of the cost of the activities to be carried out by the entity pursuant to this section. (e) Form of grantee contributionA grantee under this section may provide not more than 50 percent of the amount which the grantee is required to expend to carry out the activities for which a grant is awarded under this section in kind, fairly evaluated, including plant, equipment, or services. (f) Use of grantA grantee under this section shall use the grant in accordance with the approved application for the grant. (g) Reservation of funds for technical assistanceThe Secretary may reserve 2 percent of the funds made available under section 629g(b)(6) of this title for each fiscal year to provide technical assistance to recipients of grants under this section.

42 U.S.C. § 628 Payments to Indian tribal organizations

(a) Reservation of funds; direct paymentsOut of any amount appropriated pursuant to section 625 of this title for a fiscal year, the Secretary shall reserve 3 percent for grants to Indian tribes and tribal organizations, which shall be paid directly to Indian tribes and tribal organizations with a plan approved under this subpart, in accordance with section 629c(a) of this title. (b) Authority to streamline reporting requirementsThe Secretary shall, in consultation with the affected Indian tribes, modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium if the total of the amounts allotted to the Indian tribe, tribal organization, or tribal consortium under this part for the fiscal year is not more than $50,000, and in a manner that limits the administrative burden on any tribe to which not more than $50,000 is allotted under this subpart for the fiscal year. (c) Tribal authority to substitute the Federal negotiated indirect cost rate for administrative costs capFor purposes of sections 622(b)(14) and 624(e) of this title, an Indian tribal organization may elect to have the weighted average of the indirect cost rates in effect under part 220 of title 2, Code of Federal Regulations 11 So in original. Probably should be followed by a comma. with respect to the administrative costs of the Indian tribal organization apply in lieu of the percentage specified in each such section. (d) “Indian tribe” and “tribal organization” definedFor purposes of this section, the terms “Indian tribe” and “tribal organization” shall have the meanings given such terms by subsections (e) and (l) of section 5304 of title 25, respectively.

42 U.S.C. § 628b National random sample study of child welfare

(a) In generalThe Secretary shall conduct (directly, or by grant, contract, or interagency agreement) a national study based on random samples of children who are at risk of child abuse or neglect, or are determined by States to have been abused or neglected. (b) RequirementsThe study required by subsection (a) shall—(1) have a longitudinal component; and (2) yield data reliable at the State level for as many States as the Secretary determines is feasible. (c) Preferred contentsIn conducting the study required by subsection (a), the Secretary should—(1) carefully consider selecting the sample from cases of confirmed abuse or neglect; and (2) follow each case for several years while obtaining information on, among other things—(A) the type of abuse or neglect involved; (B) the frequency of contact with State or local agencies; (C) whether the child involved has been separated from the family, and, if so, under what circumstances; (D) the number, type, and characteristics of out-of-home placements of the child; and (E) the average duration of each placement. (d) Reports(1) In generalFrom time to time, the Secretary shall prepare reports summarizing the results of the study required by subsection (a). (2) AvailabilityThe Secretary shall make available to the public any report prepared under paragraph (1), in writing or in the form of an electronic data tape. (3) Authority to charge feeThe Secretary may charge and collect a fee for the furnishing of reports under paragraph (2). (e) AppropriationOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for each of fiscal years 1996 through 2002 $6,000,000 to carry out this section.

42 U.S.C. § 628c Grants to States to enhance collaboration between State child welfare and juvenile justice systems

(a) PurposeThe purpose of this section is to authorize the Secretary, in collaboration with the Attorney General and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice—(1) to make grants to State child welfare and juvenile justice agencies and child- and youth-serving agencies to collaborate in the collection of data relating to dual status youth; and (2) to develop practices, policies, and protocols—(A) to confront the challenges presented and experienced by dual status youth; and (B) for the development of interoperable data systems. (b) Authority to award grants(1) In generalSubject to the availability of appropriations, from amounts reserved under section 623(a)(2) of this title for a fiscal year, the Secretary shall award competitive grants jointly to a State child welfare agency and a State juvenile justice agency to facilitate or enhance collaboration between the child welfare and juvenile justice systems of the State in order to carry out programs to address the needs of dual status youth and their families. (2) Length of grants(A) In generalSubject to subparagraph (B), a grant shall be awarded under this section for a period of not less than 2 fiscal years and not more than 5 fiscal years. (B) Extension of grantUpon the application of the grantee, the Secretary may extend the period for which a grant is awarded under this section for not more than 2 fiscal years. (c) Additional requirements(1) ApplicationIn order for a State to be eligible for a grant under this section, the State shall submit an application, subject to the approval of the Secretary, that includes—(A) a description of the proposed leadership collaboration group (including the membership of such group), and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for dual status youth; (B) a description of how the State proposes—(i) to identify dual status youth; (ii) to identify individuals who are at risk of becoming dual status youth; (iii) to identify common characteristics shared by dual status youth in the State; and (iv) to determine the prevalence of dual status youth in the State; (C) a description of current and proposed practices and procedures that the State intends to use—(i) to screen and assess dual status youth for risks and treatment needs; (ii) to provide targeted and evidence-based services, including educational, behavioral health, and pro-social treatment interventions for dual status youth and their families; and (iii) to provide for a lawful process to enhance or ensure the abilities of the State and any relevant agencies to share information and data about dual status youth, while maintaining confidentiality and privacy protections under Federal and State law; and (D) a certification that the State has involved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed policy and practice reforms to address the needs of dual status youth. (2) No supplantation of other fundsAny amounts paid to a State under a grant under this section shall be used to supplement and not supplant other State expenditures on dual status youths or children involved with either the child welfare or juvenile justice systems. (3) EvaluationUp to 10 percent of the amount made available to carry out this section for a fiscal year shall be made available to the Secretary to evaluate the effectiveness of the projects funded under this section, using a methodology that—(A) includes random assignment whenever feasible, or other research methods that allow for the strongest possible causal inferences when random assignment is not feasible; and (B) generates evidence on the impact of specific projects, or groups of projects with identical (or similar) practices and procedures. (4) ReportA State child welfare agency and a State juvenile justice agency receiving a grant under this section shall jointly submit to the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, a report on the evaluation of the activities carried out under the grant at the end of each fiscal year during the period of the grant. Such report shall include—(A) a description of the scope and nature of the dual status youth population in the State, including the number of dual status youth; (B) a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in clauses (i) through (iii) of paragraph (1)(C); and (C) an analysis of the effects of such practices and procedures, including information regarding—(i) the collection of data related to individual dual status youths; (ii) aggregate data related to the dual status youth population, including—(I) characteristics of dual status youths in the State; (II) case processing timelines; and (III) information related to case management, the provision of targeted services, and placements within the foster care or juvenile justice system; and (iii) the extent to which such practices and procedures have contributed to—(I) improved educational outcomes for dual status youths; (II) fewer delinquency referrals for dual status youths; (III) shorter stays in intensive restrictive placements for dual status youths; or (IV) such other outcomes for dual status youths as the State child welfare agency and State juvenile justice agency may identify. (d) Training and technical assistanceThe Secretary may support State child welfare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical assistance to assist such agencies in developing programs and protocols that draw on best practices for serving dual status youth in order to facilitate or enhance—(1) collaboration between State child welfare agencies and State juvenile justice agencies; and (2) the effectiveness of such agencies with respect to working with Federal agencies and child welfare and juvenile justice agencies from other States. (e) ReportNot later than 3 years after January 5, 2023, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall jointly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants provided under this section. (f) DefinitionsIn this section:(1) Dual status youthThe term “dual status youth” means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual’s relationship to such systems. (2) Leadership collaboration groupThe term “leadership collaboration group” means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch. (3) State juvenile justice agencyThe term “State juvenile justice agency” means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (4) State child welfare agencyThe term “State child welfare agency” means the State agency responsible for administering the program under this subpart, or, in the case of a tribal organization that is receiving payments under section 628 of this title, the tribal agency responsible for administering such program.

42 U.S.C. § 628d Effective implementation of the Indian Child Welfare Act of 1978

(a) In generalNot later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including specific measures identified in State plans as required by section 622(b)(9) of this title. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following:(1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child custody proceedings involving an Indian child. (3) Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. (4) In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (5) Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. (6) In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (b) Interagency coordinationOn request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 622(b)(9) of this title. (c) Biennial reports to CongressThe Secretary shall biennially 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 how—(1) the States are complying with the Indian Child Welfare Act of 1978 and section 622(b)(9) of this title, as informed by data collected under this section; and (2) the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978.

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