These funds are distributed based on the amount of eligible foster care or adoption assistance claims submitted by states (under Title IV-E of the Social Security Act), or via statutory formula for child welfare-related activities, including screening and investigation of child abuse and neglect reports; family support, preservation, and reunification services; adoption promotion and support services; and independent living services and other support for current and former foster care youths. Viewed together, these statutory program requirements comprise federal child welfare policy, and are the fundamental basis on which state compliance with federal child welfare requirements rests. Changes Enacted by the 109th Congress

The 109 th Congress enacted six bills that amended federal child welfare policies included in Title IV-B or Title IV-E of the Social Security Act. Safe and Timely Interstate Placement Act of 2006

This bill ( H.R. 5403 , P.L. 109-239 ) amended Title IV-B and Title IV-E to encourage the expedited placement of foster children into safe and permanent homes across state lines. 4472 , P.L. However, prior law allowed states to "opt out" of the federal criminal records check procedures, and P.L. 109-248 requires all states to check any child abuse and neglect registry they maintain for information about a prospective foster or adoptive parent (and any adult living in their household). The check must be made before approving placement of a foster child in the home (and without regard to whether the state plans to claim Title IV-E support for the child). Further the new law requires states to report on their actual use of funds under Title IV-B of the Social Security Act, increases the funding set-aside from the Safe and Stable Families program for tribal child and family services, and allows access to these funds for more tribes. Additionally states are required to have procedures to respond to and maintain child welfare services in the wake of a disaster and must also describe in their state plan how they consult with medical professionals to assess the health of and provide medical treatment to children in foster care. P.L. 6111 , P.L. P.L. 109-432 also amended Title IV-E to require states to have in effect procedures for verifying the citizenship or immigration status of each child in foster care (whether or not the state claims Title IV-E support for the child). 109-432 also amended Section 1123A of the Social Security Act to specifically require that state compliance with this new federal requirement be checked as part of periodic conformity reviews (e.g. Federal funds for child welfare programs under the Social Security Act and for CAPTA's Basic State Grants and Community-Based Grants for the Prevention of Child Abuse and Neglect are administered by the Children's Bureau within the U.S. Department of Health and Human Services (HHS). Requirements are believed to be current through changes made by the 109 th Congress. Funding is authorized on a discretionary basis. 109-288 ) five broad purposes: (1) to protect and promote the welfare of all children; (2) to prevent the neglect, abuse, or exploitation of children; (3) to support 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) to promote safety, permanence, and well-being of children in foster care and adoptive families; and (5) to provide training, professional development and support to ensure a well-qualified child welfare workforce. The federal government provides funds under these programs on a matching basis (80% federal share).
States have primary responsibility for administering child welfare funds. However, the federal government provides substantial child welfare funding that is contingent on states meeting certain program requirements. The greatest part of federal assistance dedicated to child welfare is included in Title IV-B and Title IV-E of the Social Security Act. Programs authorized under these parts of the law provide funds for a range of child welfare services, from family support and preservation to foster care, adoption support and independent living. State compliance with the plan requirements of Title IV-E and Title IV-B is determined primarily via the Child and Family Services Review, (which is authorized by Section 1123A of the Social Security Act). Separately, under the Child Abuse Prevention and Treatment Act (CAPTA), states receive funds to improve their child protective service systems; to develop and support community-based programs that support and strengthen families to prevent child abuse and neglect; and to improve the handling, investigation, and prosecution of child maltreatment cases.
The 109 th Congress saw the enactment of six bills that amended federal child welfare policies in Title IV-B or Title IV-E of the Social Security Act. S. 1894 ( P.L. 109-113 ) and S. 1932 ( P.L. 109-171 ) changed program eligibility rules for the federal Title IV-E foster care and adoption assistance programs. Each of the remaining bills added to or otherwise amended the Title IV-B or Title IV-E state plan requirements. Under the Title IV-B programs, states are now required (or will be on a specified effective date) to (1) develop standards for the frequency and content of caseworker visits to children in foster care; (2) limit total funds spent for administrative purposes to no more than 10% of the program spending; (3) describe how they consult with medical professionals to assess the health and well-being of foster children and determine their appropriate treatment; (4) have procedures in place to respond to a disaster and to maintain child welfare services at such a time; and (5) to report on the actual use of federal funds received under Title IV-B ( S. 3525 , P.L. 109-288 ). Changes made to the Title IV-E Foster Care and Adoption Assistance programs require all states to (1) establish procedures for the "orderly and timely interstate placement of children," including compliance with specific time frames for conducting home studies requested prior to an interstate placement and for making a decision about the placement ( H.R. 5403 , P.L. 109-239 ); (2) comply with expanded federal procedures to check the criminal records of prospective foster or adoptive parents (as well as primarily civil child abuse and neglect registries) before approving placement of any foster child in a home ( H.R. 4472 , P.L. 109-248 ); and (3) have procedures for verifying the citizenship or immigration status of all children in foster care ( H.R. 6111 , P.L. 109-432 ).
This report summarizes changes made in the 109 th Congress and then categorizes and describes state program requirements (and related definitions) linked to dedicated federal child welfare funds. As a whole, these program requirements constitute federal child welfare policy, and are the fundamental basis on which state conformity with federal law is based. This report will be updated as significant program requirement changes are enacted.