42 U.S.C. § 628c — Grants to States to enhance collaboration

Page 2228 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 628a quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether imple- menting regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. EFFECTIVE DATE OF 1996 AMENDMENT For effective date of amendment by Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of Pub. L. 103–66, set out as a note under section 622 of this title. § 628a. Transferred Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title IV, § 429, as added Pub. L. 103–432, title II, § 205(a), Oct. 31, 1994, 108 Stat. 4456, which related to child welfare traineeships, was redesignated section 426(c) of act Aug. 14, 1935, by Pub. L. 109–288, § 6(f)(2), Sept. 28, 2006, 120 Stat. 1247, and is classified to section 626(c) of this title. § 628b. National random sample study of child welfare (a) In general The Secretary shall conduct (directly, or by grant, contract, or interagency agreement) a na- tional study based on random samples of chil- dren 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 sub- section (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 place- ment. (d) Reports (1) In general From time to time, the Secretary shall pre- pare 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 fis- cal years 1996 through 2002 $6,000,000 to carry out this section. (Aug. 14, 1935, ch. 531, title IV, § 429, formerly § 429A, as added Pub. L. 104–193, title V, § 503, Aug. 22, 1996, 110 Stat. 2277; amended Pub. L. 105–33, title V, §§ 5591(a), 5592(a)(1)(C), Aug. 5, 1997, 111 Stat. 643, 644; renumbered § 429, Pub. L. 109–288, § 6(f)(3), Sept. 28, 2006, 120 Stat. 1247.) Editorial Notes PRIOR PROVISIONS A prior section 429 of act Aug. 14, 1935, was renum- bered section 426(c) and is classified to section 626(c) of this title. AMENDMENTS 1997—Pub. L. 105–33, § 5592(a)(1)(C), transferred section in original to end of this subpart. Subsec. (a). Pub. L. 105–33, § 5591(a), inserted ‘‘(di- rectly, or by grant, contract, or interagency agree- ment)’’ after ‘‘conduct’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title V of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5593 of Pub. L. 105–33, set out as a note under section 622 of this title. § 628c. Grants to States to enhance collaboration between State child welfare and juvenile jus- tice systems (a) Purpose The 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 collec- tion of data relating to dual status youth; and (2) to develop practices, policies, and proto- cols— (A) to confront the challenges presented and experienced by dual status youth; and (B) for the development of interoperable data systems. Page 2229 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 628c (b) Authority to award grants (1) In general Subject 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 juve- nile 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 general Subject 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 grant Upon 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) Application In 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 Sec- retary, that includes— (A) a description of the proposed leader- ship 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 im- prove outcomes for dual status youth; (B) a description of how the State pro- poses— (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 in- tends 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, be- havioral health, and pro-social treatment interventions for dual status youth and their families; and (iii) to provide for a lawful process to en- hance or ensure the abilities of the State and any relevant agencies to share infor- mation and data about dual status youth, while maintaining confidentiality and pri- vacy protections under Federal and State law; and (D) a certification that the State has in- volved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed pol- icy and practice reforms to address the needs of dual status youth. (2) No supplantation of other funds Any 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 sys- tems. (3) Evaluation Up to 10 percent of the amount made avail- able to carry out this section for a fiscal year shall be made available to the Secretary to evaluate the effectiveness of the projects fund- ed under this section, using a methodology that— (A) includes random assignment whenever feasible, or other research methods that allow for the strongest possible causal infer- ences when random assignment is not fea- sible; and (B) generates evidence on the impact of specific projects, or groups of projects with identical (or similar) practices and proce- dures. (4) Report A State child welfare agency and a State ju- venile justice agency receiving a grant under this section shall jointly submit to the Sec- retary, the Attorney General, and the Admin- istrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, a report on the evaluation of the ac- tivities 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 agen- cies to carry out the activities described in clauses (i) through (iii) of paragraph (1)(C); and (C) an analysis of the effects of such prac- tices and procedures, including information regarding— (i) the collection of data related to indi- vidual 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 man- agement, the provision of targeted serv- ices, 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 restric- tive placements for dual status youths; or (IV) such other outcomes for dual sta- tus youths as the State child welfare Page 2230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 628d agency and State juvenile justice agency may identify. (d) Training and technical assistance The Secretary may support State child wel- fare 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 as- sistance to assist such agencies in developing programs and protocols that draw on best prac- tices 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 re- spect to working with Federal agencies and child welfare and juvenile justice agencies from other States. (e) Report Not 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 Pre- vention of the Department of Justice shall joint- ly 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 pro- vided under this section. (f) Definitions In this section: (1) Dual status youth The term ‘‘dual status youth’’ means a child who has come into contact with both the child welfare and juvenile justice systems and occu- pies various statuses in terms of the individ- ual’s relationship to such systems. (2) Leadership collaboration group The 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 ju- diciary branch. (3) State juvenile justice agency The 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 Delin- quency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (4) State child welfare agency The term ‘‘State child welfare agency’’ means the State agency responsible for admin- istering the program under this subpart, or, in the case of a tribal organization that is receiv- ing payments under section 628 of this title, the tribal agency responsible for admin- istering such program. (Aug. 14, 1935, ch. 531, title IV, § 429A, as added Pub. L. 117–348, title I, § 101(a), Jan. 5, 2023, 136 Stat. 6212.) Editorial Notes REFERENCES IN TEXT The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (f)(3), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified prin- cipally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classifica- tion of this Act to the Code, see section 1 of Pub. L. 93–415, set out as a Short Title of 1974 Act under section 10101 of Title 34, and Tables. PRIOR PROVISIONS A prior section 429A of act Aug. 14, 1935, was renum- bered section 429 and is classified to section 628b of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 628d. Effective implementation of the Indian Child Welfare Act of 1978 (a) In general Not 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 imple- mentation 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 improve- ment in implementing Federal standards estab- lished 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 cus- tody proceedings involving an Indian child. (3) Reports of cases in which a transfer of ju- risdiction (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 pre- vent the breakup of the Indian family, testi- mony of a qualified expert witness, and evi- dentiary 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 coordination On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be nec- essary to facilitate informing States and public