Page:United States Statutes at Large Volume 120.djvu/1279

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[120 STAT. 1248]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 1248]

120 STAT. 1248

PUBLIC LAW 109–288—SEPT. 28, 2006 (7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is amended by striking ‘‘423’’ and inserting ‘‘424’’. (8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a–9(b)(1)) is amended to read as follows: ‘‘(1) any provision of section 422(b)(8), or section 479; or’’. (9) Section 104(b)(3) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)(3)) is amended by striking ‘‘422(b)(14) of the Social Security Act, as amended by section 205 of this Act’’ and inserting ‘‘422(b)(12) of the Social Security Act’’.

SEC. 7. MONTHLY CASEWORKER STANDARD.

Deadline.

42 USC 624.

Deadline.

Effective date. Applicability.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

(a) STATE PLAN REQUIREMENT.—Section 422(b) of the Social Security Act (42 U.S.C. 622(b)), as amended by section 6(c) of this Act, is amended— (1) by striking ‘‘and’’ at the end of paragraph (15); (2) by striking the period at the end of paragraph (16) and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children.’’. (b) ENFORCEMENT.—Section 424 of the Social Security Act, as so redesignated by section 6(b)(2) of this Act, is amended by adding at the end the following: ‘‘(e)(1) The Secretary may not make a payment to a State under this subpart for a period in fiscal year 2008, unless the State has provided to the Secretary data which shows, for fiscal year 2007— ‘‘(A) the percentage of children in foster care under the responsibility of the State who were visited on a monthly basis by the caseworker handling the case of the child; and ‘‘(B) the percentage of the visits that occurred in the residence of the child. ‘‘(2)(A) Based on the data provided by a State pursuant to paragraph (1), the Secretary, in consultation with the State, shall establish, not later than June 30, 2008, an outline of the steps to be taken to ensure, by October 1, 2011, that at least 90 percent of the children in foster care under the responsibility of the State are visited by their caseworkers on a monthly basis, and that the majority of the visits occur in the residence of the child. The outline shall include target percentages to be reached each fiscal year, and should include a description of how the steps will be implemented. The steps may include activities designed to improve caseworker retention, recruitment, training, and ability to access the benefits of technology. ‘‘(B) Beginning October 1, 2008, if the Secretary determines that a State has not made the requisite progress in meeting the goal described in subparagraph (A) of this paragraph, then the percentage that shall apply for purposes of subsection (a) of this section for the period involved shall be the percentage set forth in such subsection (a) reduced by—

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