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Attachment A

Entitlement Funding for State Courts to Assess and Improve Handling of Proceedings Relating to Foster Care and Adoption.1

SEC. 438. (a) IN GENERAL.-The Secretary shall make grants, in accordance with this section, to the highest State courts in States participating in the program under part E, for the purpose of enabling such courts-

(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts)-

(A) that implement parts B and E;
(B) that determine the advisability or appropriateness of foster care placement;
(C) that determine whether to terminate parental rights; and
(D) that determine whether to approve the adoption or other permanent placement of a child; and

(2) to implement improvements the highest state courts deem necessary as a result of the assessments, including-

(A) to provide for the safety, well-being, and permanence of children in foster care, as set forth in the Adoption and Safe Families Act of 1997 (Public Law 105-89); and
(B) to implement a corrective action plan, as necessary, resulting from reviews of child and family service programs under section 1123A of this Act.

(b) APPLICATIONS.-In order to be eligible for a grant under this section, a highest State court shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary shall require.
(c) ALLOTMENTS.-

(1) IN GENERAL.-Each highest State court which has an application approved under subsection (b), and is conducting assessment and improvement activities in accordance with this section, shall be entitled to payment, for each of fiscal years 2002 through 2006, from the amount reserved pursuant to section 436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2)), of an amount equal to the sum of $85,000 plus the amount described in paragraph (2) of this subsection for the fiscal year.

(2) FORMULA.-The amount described in this paragraph for any fiscal year is the amount that bears the same ratio to the amount reserved pursuant to section 436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2)) for the fiscal year (reduced by the dollar amount specified in paragraph (1) of this subsection for the fiscal year) as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under subsection (b).
(d) FEDERAL SHARE.-Each highest State court which receives funds paid under this section may use such funds to pay not more than 75 percent of the cost of activities under this section in each of fiscal years 2002 through 2006.

 

1 Public Law 107-133, Sec. 107(e) amended and redesignated Section 13712 of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) as section 438 of the Act. back

Attachments

ACYF-CB-PI-03-04 HTML or PDF (131 KB)
Attachment A Section 438 of the Social Security Act
HTML or PDF (53 KB)
Attachment B Estimated State Court Allotments for FY 2003
HTML or PDF (54 KB)
Attachment C 45 CFR 92.24
Attachment D Division of Cost Allocation Field Offices
Attachment E Requirements for the Re-assessments
HTML or PDF (89 KB)
Attachment F List of State Child Welfare Administrators
HTML or PDF (58 KB)
Attachment G Related Programs:
    CJA Factsheet
    Child Victims Act Model Courts HTML or PDF (69 KB)
    Safe Start
    Safe Kids/Safe Streets HTML or PDF (63 KB)
    Strengthening Abuse and Neglect Courts in America (SANCA)
Attachment H List of ACF Regional Administrators
HTML or PDF (61 KB)
Attachment I Standard Forms 424 and 424-A
Attachment J Certification Forms
Attachment K Resources for State Courts:
    ABA Center On Children and the Law HTML or PDF (52 KB)
    The NCJFCJ, NCJJ, PPCD, and the Child Victims Act Model Courts Project HTML or PDF (72 KB)
    Children's Bureau Training and Technical Assistance Network HTML or PDF (184 KB)
    National Center for State Courts HTML or PDF (102 KB)