RESEARCH, TRAINING, OR DEMONSTRATION PROJECTS SEC. 426. [42 U.S.C. 626] (a) There 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 admin- istering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting there- from) 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 429 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)(1) There are authorized to be appropriated $4,000,000 for each of the fiscal years 1988, 1989, and 1990 for grants by the Secretary to public or private nonprofit entities submitting applications under this subsection for the purpose of conducting demonstration projects under this subsection to develop alternative care arrangements for infants who do not have health conditions that require hospitalization and who would otherwise remain in inappropriate hospital settings. (2) The demonstration projects conducted under this section may include (A) multidisciplinary projects designed to prevent the inappropriate hospitalization of infants and to allow infants described in paragraph (1) to remain with or return to a parent in a residential setting, where appropriate care for the infant and suitable treatment for the parent (including treatment for drug or alcohol addiction) may be assured, with the goal (where possible) of rehabilitating the parent and eliminating the need for such care for the infant; (B) multidisciplinary projects that assure appropriate, individualized care for such infants in a foster home or other nonmedical residential setting in cases where such infant does not require hospitalization and would otherwise remain in inappropriate hospital settings, including projects to demonstrate methods to recruit, train, and retain foster care families; and (C) such other projects as the Secretary determines will best serve the interests of such infants and will serve as models for projects that agencies or organizations in other communities may wish to develop. (3) In the case of any project which includes the use of funds authorized under this subsection for the care of infants in foster homes or other non-medical residential settings away from their parents, there shall be developed for each such infant a case plan of the type described in section 475(1) (to the extent that such infant is not otherwise covered by such a plan), and each such project shall include a case review system of the type described in section 475(5) (covering each such infant who is not otherwise subject to such a system). (4) In evaluating applications from entities proposing to conduct demonstration projects under this subsection, the Secretary shall give priority to those projects that serve areas most in need of alternative care arrangements for infants described in paragraph (1). (5) No project may be funded unless the application therefor contains assurances that it will (A) provide for adequate evaluation; (B) provide for coordination with local governments; (C) provide for community education regarding the inappropriate hospitalization of infants; (D) use, to the extent practical, other available private, local, State, and Federal sources for the provision of direct services; and (E) meet such other criteria as the Secretary may prescribe. (6) Grants may be used to pay the costs of maintenance and of necessary medical and social services (to the extent that these costs are not otherwise paid for under other titles of this Act), and for such other purposes as the Secretary may allow. (7) The Secretary shall provide training and technical assistance to grantees, as requested. (c) Payments 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. SEC. 427. [Repealed. 208 ] PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS 209 SEC. 428. [42 U.S.C. 628] (a) The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this subpart directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this subpart. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. (b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 421) for the State in which such Indian tribal organization is located. 208 P.L. 103-432, §202(c), repealed §427, effective with respect to fiscal years beginning on or after April 1, 1996. For §427 as it formerly read, see Vol. II, Superseded Provisions, P.L. 103– 432. 209 See Vol. II, P.L. 93-288, §312(d), with respect to exclusion from income and resources of certain Federal major disaster and emergency assistance; P.L. 100-407, §105(g), with respect to the effect of financial assistance under that Act; P.L. 100-409, §5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96-4 P.L. 100-411, §2(d)(3)(B), with respect to the effect of certain per capita payments; and P.L. 100-581, §§501, 502(b)(1), and 503, with respect to exclusion from income and resources of certain judgment funds. (c) For purposes of this section, the terms "Indian tribe" and "tribal organization" shall have the meanings given such terms by subsections (e) and (1) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), respectively. 210 CHILD WELFARE TRAINEESHIPS SEC. 429. [42 U.S.C. 628a] The Secretary may approve an application for a grant to a public or nonprofit institution for higher learning to provide traineeships with stipends under section 426(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. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE SEC. 429A. [42 U.S.C. 628b] (a) IN GENERAL.-The Secretary shall conduct (directly, or by grant, contract, or interagency agree 210 P.L. 104-193, §375(d), amended subsection (c) in its entirety. For the effective date, see Vol. II, P.L. 104-193, §395. For subsection (c) as it formerly read, see Vol. II, Superseded Provisions, P.L. 104-193. ment) 211 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) REQUIREMENTS.-The 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 CONTENTS.-In 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 GENERAL.-From time to time, the Secretary shall prepare reports summarizing the results of the study required by subsection (a). (2) AVAILABILITY.-The 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 FEE.-The Secretary may charge and collect a fee for the furnishing of reports under paragraph (2). (e) APPROPRIATION.-Out 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. 212 Subpart 2-Promoting Safe and Stable Families 213 PURPOSES; LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS SEC. 430. [42 U.S.C. 629] (a) PURPOSES; LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.-For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services, communitybased family support services, time-limited family reunification services, and adoption promotion and support services 214, there are authorized to be appropriated to the Secretary the amounts de 211 P.L. 105-33, §5591(a), inserted "(directly, or by grant, contract, or interagency agreement)", effective as if included in P.L. 104-193, title V. 212 P.L. 104-193, §503, added §429A to the end of Part B, effective August 22, 1996. P.L. 105-33, §5592(a)(1)(C), transferred §429A to the end of subpart 1. 213 P.L. 105-89, §305(b)(3)(B), amended the subpart heading in its entirety, effective November 19, 1997. The heading formerly read "Subpart 2-Family Preservation and Support Services". 214 P.L. 105-89, §305(b)(3)(A), struck out “and community-based family support services" and substituted", community-based family support services, time-limited family reunification services, and adoption promotion and support services", effective November 19, 1997. scribed in subsection (b) for the fiscal years specified in subsection (b). (b) Description of Amounts.-The amount described in this subsection is (1) for fiscal year 1994, $60,000,000; (A) $255,000,000; or (B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998; 216 (6) for fiscal year 1999, $275,000,000; (7) for fiscal year 2000, $295,000,000; and (8) for fiscal year 2001, $305,000,000. 217 (c) INFLATION PERCENTAGE.-For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which (1) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12month period ending on December 31 of the immediately preceding fiscal year; exceeds (2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year. (d) RESERVATION OF CERTAIN AMOUNTS.— (1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.-The Secretary shall reserve $2,000,000 of the amount described in subsection (b) for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, 1998, 1999, 2000, and 2001218 for expenditure by the Secretary (A) for research, training, and technical assistance related to the program under this subpart; and (B) for evaluation of State programs funded under this subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart. (2) STATE COURT ASSESSMENTS.-The Secretary shall reserve $5,000,000 of the amount described in subsection (b) for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001 219 for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993 220. (3) Indian tribes.-The Secretary shall reserve 1 percent of the amounts described in subsection (b) for each fiscal year, for allotment to Indian tribes in accordance with section 433(a). 215 P.L. 105-89, §305(a)(1)(A), struck out "or". 216 P.L. 105-89, §305(a)(1)(B), struck out the period and substituted a semicolon. 217 P.L. 105-89, §305(a)(1)(C), added paragraphs (6), (7), and (8), effective November 19, 1997. 218 P.L. 105-89, §305(a)(2), struck out "and 1998" and substituted "1998, 1999, 2000, and 2001", effective November 19, 1997. 219 P.L. 105-89, §305(a)(2), struck out "and 1998" and substituted "1998, 1999, 2000, and 2001", effective November 19, 1997. 220 See Vol. II, P.L. 103-66. |