42 U.S.C. § 676 | Administration

(a)

Technical assistance to States

The Secretary may provide technical assistance to the States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this subchapter and (2) collect and publish data pertaining 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 children for whom payments are made under this part containing information with respect to such children including legal status, demographic 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 assistance and implementation services that are dedicated to improving services and permanency 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 implementation services shall be to—

(i)

provide information, advice, educational materials, and technical assistance to Indian tribes and tribal organizations 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 assistance to—

(I)

section 679c of this title Indian tribes, tribal organizations, and tribal consortia seeking to operate a program under part B or under this part through direct application to the Secretary under ; and

(II)

Indian tribes, tribal organizations, tribal consortia, and States seeking to develop cooperative agreements to provide for payments under this part or satisfy the requirements of section 622(b)(9), 671(a)(32), or 677(b)(3)(G) of this title; and

(iii)

section 671 of this title section 679c of this title subject to subparagraph (B), make one-time grants, to tribes, tribal organizations, 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 to implement a program under this part as authorized by , that shall—

(I)

not exceed $300,000; and

(II)

section 671 of this title section 679c of this title section 675(5) of this title be used for the cost of developing a plan under to carry out a program under , 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 requirements under , or any other costs attributable to meeting any other requirement necessary for approval of such a plan under this part.

(B)

Grant condition

(i)

In general

section 671 of this title section 679c of this titleAs 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 organization, or tribal consortium fails to submit to the Secretary a plan under to carry out a program under by the end of the 24-month period described in that subparagraph.

(ii)

Exception

The Secretary shall waive the requirement to repay a grant imposed by clause (i) if the Secretary determines that a tribe’s, tribal organization’s, or tribal consortium’s failure to submit a plan within such period was the result of circumstances beyond the control of the tribe, tribal organization, or tribal consortium.

(C)

Implementation authority

The Secretary may provide the technical assistance and implementation services described in subparagraph (A) either directly or through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian tribal affairs and child welfare.

(3)

Appropriation

There is appropriated to the Secretary, out of any money in the Treasury of the United States not otherwise appropriated, $3,000,000 for fiscal year 2009 and each fiscal year thereafter to carry out this subsection.

(d)

Technical assistance and best practices, clearinghouse, data collection, and evaluations relating to prevention services and programs

(1)

Technical assistance and best practices

section 671(e)(1) of this titleThe Secretary shall provide to States and, as applicable, to Indian tribes, tribal organizations, and tribal consortia, technical assistance regarding the provision of services and programs described in and shall disseminate best practices with respect to the provision of the services and programs, including how to plan and implement a well-designed and rigorous evaluation of a promising, supported, or well-supported practice.

(2)

Clearinghouse of promising, supported, and well-supported practices

section 671(e)(4)(C) of this title section 627(a)(1) of this titleThe Secretary shall, directly or through grants, contracts, or interagency agreements, evaluate research on the practices specified in clauses (iii), (iv), and (v), respectively, of , and programs that meet the requirements described in , including culturally specific, or location- or population-based adaptations of the practices, to identify and establish a public clearinghouse of the practices that satisfy each category described by such clauses. In addition, the clearinghouse shall include information on the specific outcomes associated with each practice, including whether the practice has been shown to prevent child abuse and neglect and reduce the likelihood of foster care placement by supporting birth families and kinship families and improving targeted supports for pregnant and parenting youth and their children.

(3)

Data collection and evaluations

section 671(e)(1) of this titleThe Secretary, directly or through grants, contracts, or interagency agreements, may collect data and conduct evaluations with respect to the provision of services and programs described in for purposes of assessing the extent to which the provision of the services and programs—

(A)

reduces the likelihood of foster care placement;

(B)

increases use of kinship care arrangements; or

(C)

improves child well-being.

(4)

Reports to Congress

(A)

In general

section 671(e)(1) of this titleThe Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives periodic reports based on the provision of services and programs described in and the activities carried out under this subsection.

(B)

Public availability

The Secretary shall make the reports to Congress submitted under this paragraph publicly available.

(5)

Appropriation

Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $1,000,000 for fiscal year 2018 and each fiscal year thereafter to carry out this subsection.

(e)

Evaluation of State procedures and protocols to prevent inappropriate diagnoses of mental illness or other conditions

section 622(b)(15)(A)(vii) of this titleJanuary 1, 2020The Secretary shall conduct an evaluation of the procedures and protocols established by States in accordance with the requirements of . The evaluation shall analyze the extent to which States comply with and enforce the procedures and protocols and the effectiveness of various State procedures and protocols and shall identify best practices. Not later than , the Secretary shall submit a report on the results of the evaluation to Congress.

Aug. 14, 1935, ch. 531 Pub. L. 96–272, title I, § 101(a)(1)June 17, 198094 Stat. 511 Pub. L. 110–351, title III, § 302Oct. 7, 2008122 Stat. 3972 Pub. L. 115–123, div. E, title VIIFeb. 9, 2018132 Stat. 242(, title IV, § 476, as added , , ; amended , , ; , §§ 50711(d), 50743(b), , , 260.)

Editorial Notes

Amendments

Pub. L. 115–123, § 50711(d)2018—Subsec. (d). , added subsec. (d).

Pub. L. 115–123, § 50743(b)Subsec. (e). , added subsec. (e).

Pub. L. 110–3512008—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

section 50711(d) of Pub. L. 115–123Feb. 9, 2018section 50734 of Pub. L. 115–123 section 622 of this titleAmendment by effective , subject to transition rules for required State legislation or tribal action, see , set out as a note under .

section 50743(b) of Pub. L. 115–123Jan. 1, 2018section 50746 of Pub. L. 115–123 section 622 of this titleAmendment by effective as if enacted on , subject to transition rule and State waiver provisions, see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–351Oct. 7, 2008section 601 of Pub. L. 110–351 section 671 of this titleAmendment by effective , and applicable to payments under this part and part B of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see , set out as a note under .