|
|---|
|
|
||||
|---|---|---|---|---|
|
|
|
|||
| ACF Home | Services | Working with ACF | Policy/Planning | About ACF | ACF News | HHS Home | ||||
Questions?
|
Privacy
|
Site Index
|
Contact Us
|
Download Reader™
|
Print
|
|---|
Attachment B
The bill extends and amends the Promoting Safe and Stable Families (PSSF) program under title IV-B-2 of the Social Security Act, and adds new authority to support programs for mentoring children of incarcerated parents; and amends the Foster Care Independent Living program under title IV-E of the Act to provide for educational and training vouchers for youths aging out of foster care.
Subtitle A-Grants to States for Promoting Safe and Stable Families
Section 101 amends section 430 of the Act in its entirety, adding a statement of findings and amending the statement of purpose. The authorization of appropriations and reservation of funds provisions are deleted; section 106 of the bill relocates and amends these provisions in a new section 436 of the Act.
The findings as to the need for the PSSF program include: the effectiveness of family support programs directed at vulnerable populations; the extensive and intensive nature of family preservation services; the importance of prompt availability of services as a factor in successful family reunification under the Adoption and Safe Families Act of 1997 (ASFA); and the rapid growth in adoptions under the ASFA and the attendant need for post-adoption services and providers capable of addressing the unique issues of adoptive families and children.
Section 430 currently declares that the purpose of the PSSF program is to enable States to develop, expand, and operate programs providing four specified services: community-based family support services, family preservation services, time-limited family reunification services, and adoption promotion and support. As amended, this provision emphasizes the importance of coordination of these four service programs. Language is also added stating the objectives that these programs are intended to achieve, including safety of children; addressing family problems to preserve intact families or permit family reunification in appropriate cases; and supporting adoptive families.
Section 102(a) amends the definition of "family preservation services" in section 431(a)(1) to include "infant safe haven" programs.
Section 102(b) amends the definition of "family support services" in section 431(a)(2) of the Act to include strengthening parental relationships and promoting healthy marriages.
Section 103 amends section 433 of the Act to add a new subsection (d) (REALLOTMENT), making unneeded portions of State allotments under section 433 available for reallotment to other States, under the allotment methodology used for basic grants under that section.
Section 104 amends section 434(a) of the Act to delete obsolete paragraph (2), a special rule for FY 1994, and makes conforming amendments.
Section 105 amends section 435 of the Act (EVALUATIONS) to add provisions concerning evaluations, research, and technical assistance.
New section 435(a) requires the Secretary to evaluate and report to the Congress biennially.
New section 435(c) requires the Secretary to give priority consideration in research and evaluation to: (1) promising program models in the four service categories, particularly time-limited family reunification services and post-adoption services; (2) multi-disciplinary service models addressing parental substance abuse and its impact on children; (3) the efficacy of approaches directed at families with specific problems and with children of specific age ranges; and (4) the outcomes of adoptions finalized after enactment of the Adoption and Safe Families Act of 1997.
New section 435(d) directs the Secretary to provide technical assistance to help States and Indian tribes to: (1) develop research-based protocols to identify families with specific risk characteristics for intervention; (2) develop treatment models that address the needs of families; (3) implement programs with well-articulated theories of how intervention will help families; (4) establish mechanisms to ensure that service provision matches treatment model factors; and (5) establish mechanisms to ensure that post-adoption services meet the needs of individual families and develop models to reduce disruption rates of adoption.
Section 106(a) adds a new section 436 (AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS), which extends the current authorization of appropriations of $305,000,000 for each of FYs 2002 through 2006. As under current law, the Secretary shall reserve from this amount for a fiscal year: $6,000,000 for evaluation, research, training, and technical assistance; $10,000,000 for grants to State courts; and 1 percent for allotment to Indian tribes.
Section 106(b) adds a new section 437 (DISCRETIONARY GRANTS), which authorizes, in addition to the amount appropriated under new section 436, $200,000,000 for each of FYs 2002 through 2006. Of this amount for a fiscal year, the Secretary shall reserve: 3.3 percent for evaluation, research, training, and technical assistance; 3.3 percent for grants to State courts; and 2 percent for allotment to Indian tribes. New section 437(d) authorizes the Secretary to make a grant to a State which has an approved plan, in an amount equal to the lesser of: 75 percent of the total State expenditures for activities under the plan during the fiscal year or succeeding fiscal year; or the allotment of the State for the fiscal year.
Section 107 relocates and redesignates, as section 438 of the Act, section 13712 of the Omnibus Budget Reconciliation Act of 1993, which provides for a grant program to State courts for assessment and improvement of the handling of foster care and adoption proceedings. This section also amends the statement of program purposes to include implementing improvements deemed necessary as a result of assessments, including to provide for safety of children in foster care and expedite their placement in appropriate permanent settings, and to implement a corrective action plan resulting from reviews of child and family service programs. Finally, this section makes conforming amendments.
Subtitle B-Mentoring Children of Prisoners
IN GENERAL.
Section 121(a) adds to title IV-B, subpart 2, of the Act (the PSSF program authority) a new section 439, providing for grants to applicants for programs for mentoring of children of prisoners, with the following provisions:
FINDINGS AND PURPOSE.
Section 439(a)(1) declares findings as to the need for the program provided by this new section.
Section 439(a)(2) declares that the purpose of the program is to provide for competitive grants to applicants in areas with substantial numbers of children of incarcerated parents, to enable them to support the establishment or expansion and operation of programs using a network of public and private community entities, to provide mentoring services for children of incarcerated parents.
DEFINITIONS.
Section 439(b)(1) defines "children of prisoners" to mean children one or both of whose parents are incarcerated in a Federal, State, or local correctional facility. The term includes children in an ongoing mentoring relationship in a program under this section at the time of their parents' release from prison, for purposes of continued participation in the program.
Section 439(b)(2) defines "mentoring" to mean a structured, managed program in which individual children are matched with appropriate adult volunteers for one-on-one relationships intended to meet a part of the child's need for involvement with a caring and supportive adult who provides a positive role model.
Section 439(b)(3) defines "mentoring services" to mean those services and activities that support a mentoring program, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.
PROGRAM AUTHORIZED.
Section 439(c) provides that the Secretary, after reserving certain funds in accordance with section 439(h)(2), shall make grants for each of FYs 2002 through 2006, in amounts not exceeding $5,000,000 per grant, to State or local governments, tribal governments or tribal consortia, faith-based organizations, and community organizations in areas that have significant numbers of children of prisoners and that meet the application requirements.
APPLICATION REQUIREMENTS.
Section 439(d) provides that, in order to be eligible, the chief executive officer of the applicant will submit to the Secretary an application containing the following:
PROGRAM DESIGN.- A description of the proposed local program, including:
a list of public and private organizations and entities that will participate in the program;
the name, description, and qualifications of the entity that will coordinate and oversee the program;
the number of mentor-child matches proposed to be established and maintained under the program;
such information as the Secretary may require concerning the methods to be used to recruit, screen, support, and oversee individuals participating as mentors (including criminal background checks on such individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary; and
such other information as the Secretary may require.
COMMUNITY CONSULTATION; COORDINATION WITH OTHER PROGRAMS.- A demonstration that, in developing and implementing the program, the program, to the extent feasible and appropriate, will:
consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with families of potential clients;
coordinate the programs and activities under the program with other Federal, State, and local programs serving children and youth; and
consult with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies.
EQUAL ACCESS FOR LOCAL SERVICE PROVIDERS.-An assurance that local public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible for funding on an equal basis.
RECORDS, REPORTS, AND AUDITS.-An agreement that the applicant will maintain records and cooperate with reviews or audits as the Secretary may find necessary for oversight purposes.
EVALUATION.-An agreement that the applicant will cooperate with the Secretary's evaluation of the plan's program and will provide access to program-related records, staff, and grantees.
FEDERAL SHARE.
Section 439(e)(1) provides that a grant for a program under this section shall be available to pay a share of program costs equal to up to 75 percent for the first and second fiscal years of program funding, and 50 percent for the third and each succeeding fiscal year.
Section 439(e)(2) provides that the non-Federal share of the cost of activities under the plan may be in cash or in kind. The Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
CONSIDERATIONS IN AWARDING GRANTS.
Section 439(f) provides that in awarding grants, the Secretary may consider:
the qualifications, and capacity of applicants and networks of organizations to effectively carry out the mentoring program;
the comparative severity of need for mentoring programs in given local areas;
evidence of consultation with existing youth and family service programs, as appropriate; and
any other factors the Secretary may deem significant in carrying out a mentoring program under this section.
EVALUATION.
Section 439(g) provides that the Secretary shall evaluate the mentoring programs, and submit a report to Congress on the evaluation not later than April 15, 2005.
AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.
Section 439(h) authorizes appropriations of $67,000,000 for the mentoring program for each of FYs 2002 and 2003, and such sums as necessary for each succeeding fiscal year. The Secretary is to reserve 2.5 percent of each year's appropriations for research, technical assistance, and evaluation.
This section amends the Foster Care Independent Living (IL) program under title IV-E of the Act to provide for State programs of vouchers to youths who age out of foster care, for education and training to help them develop skills to lead independent and productive lives.
Section 201(a) amends section 477(a) of the Act (PURPOSE) to provide that it is a purpose of the program to make educational and training vouchers available to youths who have aged out of foster care.
Subsection (b) adds a new subsection (i) to section 477, specifying conditions that must be met by State educational and training voucher programs. In addition to making vouchers available to youths otherwise eligible to participate in the IL program (that is, youths who have aged out of foster care and have not attained age 21), the State program may provide such vouchers to the following:
Youths adopted from foster care after attaining age 16 are to remain eligible for vouchers on the same terms as other IL youths.
Youths participating in the voucher program on the date they attain age 21 remain eligible until age 23, while enrolled in a full-time postsecondary education or training program and making satisfactory progress toward completion of that program.
Vouchers may be available for the costs of attendance at an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (HEA), and shall not exceed the lesser of $5,000 per year or the actual incurred costs of attendance at such an institution.
Vouchers may be disregarded for purposes of determining eligibility or benefit amounts under any other Federal or Federally supported assistance program, except that the total amount of educational assistance to a youth under all such programs cannot exceed the total cost of attendance, and except that the State agency must take appropriate steps to prevent duplication of benefits under this and other Federal and Federally supported programs.
The program is coordinated with other appropriate education and training programs.
Subsection (c) amends section 477(b)(3) of the Act (CERTIFICATIONS) to require certification that the State plan is in compliance with the conditions of new section 477(i), including a statement describing the methods the State will use to ensure that educational assistance to individual youths does not exceed the limits described above, and to avoid duplication of benefits under this and other Federal and Federally assisted benefit programs.
Subsection (d) amends section 477(h) of the Act (LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS) to authorize appropriations of an additional $60,000,000 for each fiscal year for educational and training vouchers for eligible youths. Subsections (e) and (f) make corresponding adjustments to the provisions for allotment (section 477(c)) and payment (section 474(a)(4)). Subsection (f)(1) amends the payment formula in section 474(a)(4) to correct drafting errors in the amendments made by P.L. 106-169, the Foster Care Independence Act of 1999. Subsection (f)(2) amends section 474 to add a new subsection (e), which provides a payment formula for discretionary grants for the educational and training vouchers.
Section 202(a) amends section 477(d) to provide for the reallocation of funds to other States if a State does not apply for the funds under section 477 within such time as provided by the Secretary. Section 202(b) requires that payments to a State under section 477 for FY 2000 remain available to that State through FY 2002.
Section 301(a) provides that the amendments made by this Act shall take effect on the date of enactment. Section 301(b) provides a grace period to allow States to enact new legislation to comply with requirements imposed by this Act.
Attachments:
ACYF-CB-IM-02-01
Attachment A - Public Law 107-133, the Promoting Safe and
Stable Families Amendments of 2001
Attachment C - HHS' Responsible Fatherhood and Healthy Marriage
Initiative
