42 U.S.C. § 675a — Additional case plan and case review sys-

Page 2409 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675a Security Act, the requirements of this subsection shall be treated as State plan requirements imposed by sec- tion 471(a) of such Act [42 U.S.C. 671(a)].’’ § 675a. Additional case plan and case review sys- tem requirements (a) Requirements for another planned perma- nent living arrangement In the case of any child for whom another planned permanent living arrangement is the permanency plan determined for the child under section 675(5)(C) of this title, the following re- quirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1) Documentation of intensive, ongoing, un- successful efforts for family placement At each permanency hearing held with re- spect to the child, the State agency docu- ments the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, in- cluding through efforts that utilize search technology (including social media) to find bi- ological family members for the children. (2) Redetermination of appropriateness of placement at each permanency hearing The State agency shall implement proce- dures to ensure that, at each permanency hearing held with respect to the child, the court or administrative body appointed or ap- proved by the court conducting the hearing on the permanency plan for the child does the fol- lowing: (A) Ask the child about the desired perma- nency outcome for the child. (B) Make a judicial determination explain- ing why, as of the date of the hearing, an- other planned permanent living arrange- ment is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to— (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed with a fit and willing rel- ative. (3) Demonstration of support for engaging in age or developmentally-appropriate activi- ties and social events At each permanency hearing held with re- spect to the child, the State agency shall doc- ument the steps the State agency is taking to ensure that— (A) the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and (B) the child has regular, ongoing opportu- nities to engage in age or developmentally appropriate activities (including by con- sulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). (b) List of rights The case plan for any child in foster care under the responsibility of the State who has at- tained 14 years of age shall include— (1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in section 675(5)(I) of this title in accordance with that section, and the right to stay safe and avoid exploitation; and (2) a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way. (c) Assessment, documentation, and judicial de- termination requirements for placement in a qualified residential treatment program In the case of any child who is placed in a qualified residential treatment program (as de- fined in section 672(k)(4) of this title), the fol- lowing requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1)(A) Within 30 days of the start of each placement in such a setting, a qualified indi- vidual (as defined in subparagraph (D)) shall— (i) assess the strengths and needs of the child using an age-appropriate, evidence- based, validated, functional assessment tool approved by the Secretary; (ii) determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, which setting from among the set- tings specified in section 672(k)(2) of this title would provide the most effective and appropriate level of care for the child in the least restrictive environment and be con- sistent with the short- and long-term goals for the child, as specified in the permanency plan for the child; and (iii) develop a list of child-specific short- and long-term mental and behavioral health goals. (B)(i) The State shall assemble a family and permanency team for the child in accordance with the requirements of clauses (ii) and (iii). The qualified individual conducting the assess- ment required under subparagraph (A) shall work in conjunction with the family of, and permanency team for, the child while con- ducting and making the assessment. (ii) The family and permanency team shall consist of all appropriate biological family members, relative, and fictive kin of the child, as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or mental health pro- viders who have treated the child, or clergy. In the case of a child who has attained age 14, the family and permanency team shall include the members of the permanency planning team for the child that are selected by the child in ac- cordance with section 675(5)(C)(iv) of this title. (iii) The State shall document in the child’s case plan— (I) the reasonable and good faith effort of the State to identify and include all the in- Page 2410 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675a dividuals described in clause (ii) on the child’s family and permanency team; (II) all contact information for members of the family and permanency team, as well as contact information for other family mem- bers and fictive kin who are not part of the family and permanency team; (III) evidence that meetings of the family and permanency team, including meetings relating to the assessment required under subparagraph (A), are held at a time and place convenient for family; (IV) if reunification is the goal, evidence demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team; (V) evidence that the assessment required under subparagraph (A) is determined in conjunction with the family and perma- nency team; (VI) the placement preferences of the fam- ily and permanency team relative to the as- sessment that recognizes children should be placed with their siblings unless there is a finding by the court that such placement is contrary to their best interest; and (VII) if the placement preferences of the family and permanency team and child are not the placement setting recommended by the qualified individual conducting the as- sessment under subparagraph (A), the rea- sons why the preferences of the team and of the child were not recommended. (C) In the case of a child who the qualified individual conducting the assessment under subparagraph (A) determines should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the child cannot be met by the family of the child or in a foster family home. A shortage or lack of foster family homes shall not be an acceptable reason for determining that the needs of the child cannot be met in a foster family home. The qualified individual also shall specify in writing why the recommended placement in a qualified res- idential treatment program is the setting that will provide the child with the most effective and appropriate level of care in the least re- strictive environment and how that placement is consistent with the short- and long-term goals for the child, as specified in the perma- nency plan for the child. (D)(i) Subject to clause (ii), in this sub- section, the term ‘‘qualified individual’’ means a trained professional or licensed clinician who is not an employee of the State agency and who is not connected to, or affiliated with, any placement setting in which children are placed by the State. (ii) The Secretary may approve a request of a State to waive any requirement in clause (i) upon a submission by the State, in accordance with criteria established by the Secretary, that certifies that the trained professionals or licensed clinicians with responsibility for per- forming the assessments described in subpara- graph (A) shall maintain objectivity with re- spect to determining the most effective and appropriate placement for a child. (2) Within 60 days of the start of each place- ment in a qualified residential treatment pro- gram, a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or an administrative body ap- pointed or approved by the court, independ- ently, shall— (A) consider the assessment, determina- tion, and documentation made by the quali- fied individual conducting the assessment under paragraph (1); (B) determine whether the needs of the child can be met through placement in a fos- ter family home or, if not, whether place- ment of the child in a qualified residential treatment program provides the most effec- tive and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child; and (C) approve or disapprove the placement. (3) The written documentation made under paragraph (1)(C) and documentation of the de- termination and approval or disapproval of the placement in a qualified residential treatment program by a court or administrative body under paragraph (2) shall be included in and made part of the case plan for the child. (4) As long as a child remains placed in a qualified residential treatment program, the State agency shall submit evidence at each status review and each permanency hearing held with respect to the child— (A) demonstrating that ongoing assess- ment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treat- ment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short- and long-term goals for the child, as speci- fied in the permanency plan for the child; (B) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (C) documenting the efforts made by the State agency to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home. (5) In the case of any child who is placed in a qualified residential treatment program for more than 12 consecutive months or 18 non- consecutive months (or, in the case of a child who has not attained age 13, for more than 6 consecutive or nonconsecutive months), the State agency shall submit to the Secretary— (A) the most recent versions of the evi- dence and documentation specified in para- graph (4); and (B) the signed approval of the head of the State agency for the continued placement of the child in that setting. Page 2411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 676 (Aug. 14, 1935, ch. 531, title IV, § 475A, as added and amended Pub. L. 113–183, title I, §§ 112(b)(1), 113(d), Sept. 29, 2014, 128 Stat. 1926, 1929; Pub. L. 115–123, div. E, title VII, § 50742, Feb. 9, 2018, 132 Stat. 257.) Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–123 added subsec. (c). 2014—Subsec. (b). Pub. L. 113–183, § 113(d), added sub- sec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 113(d) of Pub. L. 113–183 effec- tive on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see sec- tion 113(f) of Pub. L. 113–183, set out as a note under section 675 of this title. EFFECTIVE DATE Section effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is re- quired, see section 112(c) of Pub. L. 113–183, set out as an Effective Date of 2014 Amendment note under sec- tion 622 of this title. § 676. Administration (a) Technical assistance to States The Secretary may provide technical assist- ance to the States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs author- ized under this part and part B of this sub- chapter and (2) collect and publish data per- taining to the incidence and characteristics of foster care and adoptions in this country. (b) Data collection and evaluation Each State shall submit statistical reports as the Secretary may require with respect to chil- dren for whom payments are made under this part containing information with respect to such children including legal status, demo- graphic characteristics, location, and length of any stay in foster care. (c) Technical assistance and implementation services for tribal programs (1) Authority The Secretary shall provide technical assist- ance and implementation services that are dedicated to improving services and perma- nency outcomes for Indian children and their families through the provision of assistance described in paragraph (2). (2) Assistance provided (A) In general The technical assistance and implementa- tion services shall be to— (i) provide information, advice, edu- cational materials, and technical assist- ance to Indian tribes and tribal organiza- tions with respect to the types of services, administrative functions, data collection, program management, and reporting that are required under State plans under part B and this part; (ii) assist and provide technical assist- ance to— (I) Indian tribes, tribal organizations, and tribal consortia seeking to operate a program under part B or under this part through direct application to the Sec- retary under section 679c of this title; and (II) Indian tribes, tribal organizations, tribal consortia, and States seeking to develop cooperative agreements to pro- vide for payments under this part or sat- isfy the requirements of section 622(b)(9), 671(a)(32), or 677(b)(3)(G) of this title; and (iii) subject to subparagraph (B), make one-time grants, to tribes, tribal organiza- tions, or tribal consortia that are seeking to develop, and intend, not later than 24 months after receiving such a grant to submit to the Secretary a plan under sec- tion 671 of this title to implement a pro- gram under this part as authorized by sec- tion 679c of this title, that shall— (I) not exceed $300,000; and (II) be used for the cost of developing a plan under section 671 of this title to carry out a program under section 679c of this title, including costs related to development of necessary data collection systems, a cost allocation plan, agency and tribal court procedures necessary to meet the case review system require- ments under section 675(5) of this title, or any other costs attributable to meet- ing any other requirement necessary for approval of such a plan under this part. (B) Grant condition (i) In general As a condition of being paid a grant under subparagraph (A)(iii), a tribe, tribal organization, or tribal consortium shall agree to repay the total amount of the grant awarded if the tribe, tribal organiza- tion, or tribal consortium fails to submit to the Secretary a plan under section 671 of this title to carry out a program under section 679c of this title by the end of the 24-month period described in that subpara- graph. (ii) Exception The Secretary shall waive the require- ment to repay a grant imposed by clause (i) if the Secretary determines that a tribe’s, tribal organization’s, or tribal con- sortium’s failure to submit a plan within such period was the result of cir- cumstances beyond the control of the tribe, tribal organization, or tribal consor- tium. (C) Implementation authority The Secretary may provide the technical assistance and implementation services de- scribed in subparagraph (A) either directly