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Title 42 — The Public Health and Welfare

Part B · Chapter 7 — Social Security

§ 629e. Evaluations; research; technical assistance

Statutory text

(a)

Evaluations

(1)

In general

The Secretary shall evaluate and report to the Congress biennially on the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2).

(2)

Criteria to be used

In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as—

(A)

State agencies administering programs under this part and part E;

(B)

persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare including community-based partners with expertise in preventing unnecessary child welfare system involvement; and

(C)

other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs.

(3)

Timing of report

Beginning in 2003, the Secretary shall submit the biennial report required by this subsection not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d).

(b)

Coordination of evaluations

The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart.

(c)

Evaluation, research, and technical assistance with respect to targeted program resources

Of the amount reserved under section 629g(b)(1) of this title for a fiscal year, the Secretary shall use not less than—

(1)

$1,000,000 for technical assistance to grantees under section 629g(f) of this title and to support design of local site evaluations with the goal of publishing and submitting evaluation findings to the clearinghouse established under section 676(d) of this title, or to award grants to allow current or former grantees under section 629g(f) of this title to analyze, publish, and submit to the clearinghouse data collected during past grants; and

(2)

$1,000,000 for technical assistance required under section 628d of this title to support effective implementation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.] and to support development of associated State plan measures described pursuant to section 622(b)(9) of this title.

(d)

Technical assistance

To the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes or tribal consortia to—

(1)

develop research-based protocols for identifying families at risk of abuse and neglect of use in the field;

(2)

develop treatment models that address the needs of families at risk, particularly families with substance abuse issues;

(3)

implement programs with well-articulated theories of how the intervention will result in desired changes among families at risk;

(4)

establish mechanisms to ensure that service provision matches the treatment model;

(5)

establish mechanisms to ensure that postadoption services meet the needs of the individual families and develop models to reduce the disruption rates of adoption; and

(6)

use grants under section 629g(f) of this title in coordination with other Federal funds to better serve families in the child welfare system that are affected by a substance use disorder.

(e)

Family recovery and reunification program replication project

(1)

Purpose

The purpose of this subsection is to provide resources to the Secretary to support the conduct and evaluation of a family recovery and reunification program replication project (referred to in this subsection as the “project”) and to determine the extent to which such programs may be appropriate for use at different intervention points (such as when a child is at risk of entering foster care or when a child is living with a guardian while a parent is in treatment). The family recovery and reunification program conducted under the project shall use a recovery coach model that is designed to help reunify families and protect children by working with parents or guardians with a substance use disorder who have temporarily lost custody of their children.

(2)

Program components

The family recovery and reunification program conducted under the project shall adhere closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children and, consistent with such elements and protocol, shall provide such items and services as—

(A)

assessments to evaluate the needs of the parent or guardian;

(B)

assistance in receiving the appropriate benefits to aid the parent or guardian in recovery;

(C)

services to assist the parent or guardian in prioritizing issues identified in assessments, establishing goals for resolving such issues that are consistent with the goals of the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children, and making a coordinated plan for achieving such goals;

(D)

home visiting services coordinated with the child welfare agency and treatment provider involved with the parent or guardian or their children;

(E)

case management services to remove barriers for the parent or guardian to participate and continue in treatment, as well as to re-engage a parent or guardian who is not participating or progressing in treatment;

(F)

access to services needed to monitor the parent’s or guardian’s compliance with program requirements;

(G)

frequent reporting between the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children to ensure appropriate information on the parent’s or guardian’s status is available to inform decision-making; and

(H)

assessments and recommendations provided by a recovery coach to the child welfare caseworker responsible for documenting the parent’s or guardian’s progress in treatment and recovery as well as the status of other areas identified in the treatment plan for the parent or guardian, including a recommendation regarding the expected safety of the child if the child is returned to the custody of the parent or guardian that can be used by the caseworker and a court to make permanency decisions regarding the child.

(3)

Responsibilities of the Secretary

(A)

In general

The Secretary shall, through a grant or contract with 1 or more entities, conduct and evaluate the family recovery and reunification program under the project.

(B)

Requirements

In identifying 1 or more entities to conduct the evaluation of the family recovery and reunification program, the Secretary shall—

(i)

determine that the area or areas in which the program will be conducted have sufficient substance use disorder treatment providers and other resources (other than those provided with funds made available to carry out the project) to successfully conduct the program;

(ii)

determine that the area or areas in which the program will be conducted have enough potential program participants, and will serve a sufficient number of parents or guardians and their children, so as to allow for the formation of a control group, evaluation results to be adequately powered, and preliminary results of the evaluation to be available within 4 years of the program’s implementation;

(iii)

provide the entity or entities with technical assistance for the program design, including by working with 1 or more entities that are or have been involved in recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children so as to make sure the program conducted under the project adheres closely to the elements and protocol determined to be most effective in such other recovery coaching programs;

(iv)

assist the entity or entities in securing adequate coaching, treatment, child welfare, court, and other resources needed to successfully conduct the family recovery and reunification program under the project; and

(v)

ensure the entity or entities will be able to monitor the impacts of the program in the area or areas in which it is conducted for at least 5 years after parents or guardians and their children are randomly assigned to participate in the program or to be part of the program’s control group.

(4)

Evaluation requirements

(A)

In general

The Secretary, in consultation with the entity or entities conducting the family recovery and reunification program under the project, shall conduct an evaluation to determine whether the program has been implemented effectively and resulted in improvements for children and families. The evaluation shall have 3 components: a pilot phase, an impact study, and an implementation study.

(B)

Pilot phase

The pilot phase component of the evaluation shall consist of the Secretary providing technical assistance to the entity or entities conducting the family recovery and reunification program under the project to ensure—

(i)

the program’s implementation adheres closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and

(ii)

random assignment of parents or guardians and their children to be participants in the program or to be part of the program’s control group is being carried out.

(C)

Impact study

The impact study component of the evaluation shall determine the impacts of the family recovery and reunification program conducted under the project on the parents and guardians and their children participating in the program. The impact study component shall—

(i)

be conducted using an experimental design that uses a random assignment research methodology;

(ii)

consistent with previous studies of other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children, measure outcomes for parents and guardians and their children over multiple time periods, including for a period of 5 years; and

(iii)

include measurements of family stability and parent, guardian, and child safety for program participants and the program control group that are consistent with measurements of such factors for participants and control groups from previous studies of other recovery coaching programs so as to allow results of the impact study to be compared with the results of such prior studies, including with respect to comparisons between program participants and the program control group regarding—

(I)

safe family reunification;

(II)

time to reunification;

(III)

permanency (such as through measures of reunification, adoption, or placement with guardians);

(IV)

safety (such as through measures of subsequent maltreatment);

(V)

parental or guardian treatment persistence and engagement;

(VI)

parental or guardian substance use;

(VII)

juvenile delinquency;

(VIII)

cost; and

(IX)

other measurements agreed upon by the Secretary and the entity or entities operating the family recovery and reunification program under the project.

(D)

Implementation study

The implementation study component of the evaluation shall be conducted concurrently with the conduct of the impact study component and shall include, in addition to such other information as the Secretary may determine, descriptions and analyses of—

(i)

the adherence of the family recovery and reunification program conducted under the project to other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and

(ii)

the difference in services received or proposed to be received by the program participants and the program control group.

(E)

Report

The Secretary shall publish on an internet website maintained by the Secretary the following information:

(i)

A report on the pilot phase component of the evaluation.

(ii)

A report on the impact study component of the evaluation.

(iii)

A report on the implementation study component of the evaluation.

(iv)

A report that includes—

(I)

analyses of the extent to which the program has resulted in increased reunifications, increased permanency, case closures, net savings to the State or States involved (taking into account both costs borne by States and the Federal government), or other outcomes, or if the program did not produce such outcomes, an analysis of why the replication of the program did not yield such results;

(II)

if, based on such analyses, the Secretary determines the program should be replicated, a replication plan; and

(III)

such recommendations for legislation and administrative action as the Secretary determines appropriate.

(5)

Appropriation

In addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for fiscal year 2019 to carry out the project, which shall remain available through fiscal year 2026.

(f)

Prevention services evaluation partnerships

(1)

Purpose

The purpose of this subsection is to authorize the Secretary to make competitive grants to support the timely evaluation of—

(A)

services and programs described in section 671(e) of this title; or

(B)

kinship navigator programs described in section 674(a)(7) of this title.

(2)

Grants

In accordance with applications approved under this subsection, the Secretary may make grants, on a competitive basis, to eligible entities to carry out projects designed to evaluate a service or program provided by the eligible entity, or an entity in partnership with the eligible entity, with respect to the requirements for a promising practice, supported practice, or well-supported practice described in section 671(e)(4)(C) of this title.

(3)

Applications

(A)

In general

An eligible entity may apply to the Secretary for a grant under this subsection to carry out a project that meets the following requirements:

(i)

The project is designed in accordance with paragraph (2).

(ii)

The project is to be carried out by the applicant in partnership with—

(I)

a State agency that administers, or supervises the administration of, the State plan approved under part E, or an agency administering the plan under the supervision of the State agency; and

(II)

if the applicant is unable or unwilling to do so, at least 1 external evaluator to carry out the evaluation of the service or program provided by the applicant.

(B)

Contents

The application shall contain the following:

(i)

A description of the project, including—

(I)

a statement explaining why a grant is necessary to carry out the project; and

(II)

the amount of grant funds that would be disbursed to each entity described in subparagraph (A)(ii) in partnership with the applicant.

(ii)

A certification from each entity described in subparagraph (A)(ii) that provides assurances that the individual or entity is in partnership with the applicant and will fulfill the responsibilities of the entity specified in the description provided pursuant to clause (i) of this subparagraph.

(iii)

A certification from the applicant that provides assurances that the applicant intends to comply with subparagraph (A)(ii)(II), if applicable.

(iv)

At the option of the eligible entity, a certification from the applicant that the applicant requires an external evaluator secured by the Secretary pursuant to paragraph (5), if applicable.

(4)

Priorities

In approving applications under this subsection, the Secretary shall prioritize the following:

(A)

Addressing, with respect to the clearinghouse of practices described in section 676(d)(2) of this title, deficiencies or gaps identified by the Secretary in consultation with—

(i)

States, political subdivisions of a State, and tribal communities carrying out, or receiving the benefits of, a service or program; and

(ii)

child welfare experts, including individuals with lived experience.

(B)

Maximizing the number of evidence-based services or programs to be included in the clearinghouse of practices described in section 676(d)(2) of this title.

(C)

Timely completion of evaluations and the production of evidence.

(D)

Supporting services or programs that are based on, or are adaptations to new population settings of, a service or program with reliable evidence about the benefits and risks of the service or program.

(5)

Availability of external evaluators

(A)

In general

Before accepting applications under this subsection, the Secretary shall make reasonable efforts to identify at least 1 entity to serve as an external evaluator for any eligible entity that includes a certification under paragraph (3)(B)(iv) with an application under this subsection.

(B)

No effect on consideration of application

The Secretary may not consider whether an eligible entity is in partnership with an external evaluator described in paragraph (A) in approving an application under this subsection submitted by the eligible entity.

(6)

Reports

(A)

By grant recipients

Within 1 year after receiving a grant under this subsection, and every year thereafter for the next 5 years, the grant recipient shall submit to the Secretary a written report on—

(i)

the use of grant funds;

(ii)

whether the program or service evaluated by the project meets a requirement specified in section 671(e)(4)(C) of this title, including information about—

(I)

how the program or service is being carried out in accordance with standards specified in the requirement;

(II)

any outcomes of the program or service; and

(III)

any outcome with respect to which the service or program compares favorably to a comparison practice; and

(iii)

whether the Secretary has included the program or service in an update to the clearinghouse of practices described in section 676(d)(2) of this title.

(B)

By the Secretary

The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual written report on—

(i)

the grants awarded under this subsection;

(ii)

the programs funded by the grants;

(iii)

any technical assistance provided by the Secretary in carrying out this subsection, including with respect to the efforts to secure external evaluators pursuant to paragraph (5); and

(iv)

any efforts by the Secretary to support program evaluation and review pursuant to section 671(e) of this title and inclusion of programs in the pre-approved list of services and programs described in section 671(e)(4)(D) of this title or the clearinghouse of practices described in section 676(d)(2) of this title.

(7)

Funding

(A)

Limitations

Of the amounts available to carry out this subsection, the Secretary may use not more than 5 percent to provide technical assistance.

(B)

Carryover

Amounts made available to carry out this subsection shall remain available until expended.

(8)

Definitions

In this subsection:

(A)

Eligible entity

The term “eligible entity” means any of the following providing a service or program or, in the sole determination of the Secretary, able to provide a service or program if awarded a grant under this subsection:

(i)

A State, a political subdivision of a State, or an agency or department of a State or political subdivision of a State.

(ii)

An entity described in subparagraph (A) or (B) of section 626(a)(1) of this title.

(iii)

An Indian tribe or tribal organization.

(B)

External evaluator

The term “external evaluator” means an entity with the ability and willingness to evaluate a service or program pursuant to paragraph (2) that is not provided by the entity.

(C)

Service or program

The term “service or program”—

(i)

means a service or program described in section 671(e) of this title; and

(ii)

includes a kinship navigator program described in section 674(a)(7) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 title XIII § 13711(a)(2) · 107 Stat. 312

    Enacted · 42 U.S.C. § 629e

    Aug. 14, 1935, ch. 531, title IV, § 435, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 654

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title IV, § 435, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 654

    Enacted provision · exact public law section
    (2) by adding at the end the following: “Subpart 2— Family Preservation and Support Services “SEC. 430. PURPOSES; LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS. “(a) Purposes; Limitations on Authorization of Appropriations.— For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services and community-based family support services, there are authorized to be appropriated to the Secretary the amounts described in subsection (b) for the fiscal years specified in subsection (b). “(b) Description of Amounts.— The amount described in this subsection is— “(1) for fiscal year 1994, $60,000,000; “(2) for fiscal year 1995, $150,000,000; “(3) for fiscal year 1996, $225,000,000; “(4) for fiscal year 1997, $240,000,000: or “(5) for fiscal year 1998, the greater of— “(A) $255,000,000; or “(B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998. “(c) Inflation Percentage.— For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which— “(1) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on December 31 of the immediately preceding fiscal year; exceeds “(2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year. “(d) Reservation of Certain Amounts.— “(1) Evaluation, research, training, and technical assistance.— The Secretary shall reserve $2,000,000 of the amount described in subsection (b) for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, and 1998, for expenditure by the Secretary— “(A) for research, training, and technical assistance related to the program under this subpart; and “(B) for evaluation of State programs funded under this subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart. “(2) State court assessments.— The Secretary shall reserve $5,000,000 of the amount described in subsection (b) for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, and 1998, for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993. “(3) Indian tribes.— The Secretary shall reserve 1 percent of the amounts described in subsection (b) for each fiscal year, for allotment to Indian tribes in accordance with section 433(a). “SEC. 431. DEFINITIONS. “(a) In General.— As used in this subpart: “(1) Family preservation services.— The term “family preservation services’ means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including— “(A) service programs designed to help children— “(i) where appropriate, return to families from which they have been removed; or “(ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement; “(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain with their families; “(C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement; “(D) respite care of children to provide temporary relief for parents and other caregivers (including foster parents); and “(E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition. “(2) Family support services.— The term “family support services’ means community-based services to promote the well-being of children and families designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents’ confidence and competence in their parenting abilities, to afford children a stable and supportive family environment, and otherwise to enhance child development. “(3) State agency.— The term ‘State agency’ means the State agency responsible for administering the program under subpart 1. “(4) State.— The term ‘State’ includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1. “(5) Tribal organization.— The term “tribal organization’ means the recognized governing body of any Indian tribe. “(6) Indian tribe.— The term Indian tribe’ means any Indian tribe (as defined in section 482(i)(5)) and any Alaska Native organization (as defined in section 482(i)(7)(A)). “(b) Other Terms.— For other definitions of other terms used in this subpart, see section 475. “SEC. 432. STATE PLANS. “(a) Plan Requirements.— A State plan meets the requirements of this subsection if the plan— “(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart; “(2) (A) (i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter; “(B) describes the methods to be used in measuring progress toward accomplishment of the goals; “(C) contains assurances that the State— “(i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and “(ii) after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year; “(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations; “(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 434 for the fiscal year shall be for administrative costs, and that the remaining expenditures shall be for programs of family preservation services and community-based family support services with significant portions of such expenditures for each such program; “(5) contains assurances that the State will— “(A) annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services and community-based family support services) of— “(i) the service programs to be made available under the plan in the immediately succeeding fiscal year; “(ii) the populations which the programs will serve; and “(iii) the geographic areas in the State in which the services will be available; and “(B) perform the activities described in subparagraph (A)— “(i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and “(ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year; “(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan; “(7) (A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and “(B) Reports. provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State’s compliance with the prohibition contained in subparagraph (A); and “(8) Reports. provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require. “(b) Approval of Plans.— “(1) In general.— The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation and family support services). “(2) Plans of Indian tribes.— “(A) Exemption from inappropriate requirements.— The Secretary may exempt a plan submitted by an Indian tribe from any requirement of this section that the Secretary determines would be inappropriate to apply to the Indian tribe, taking into account the resources, needs, and other circumstances of the Indian tribe. “(B) Special rule.— Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under section 433(a) if allotments were made under section 433(a) to all Indian tribes with plans approved under this subpart with the same or larger numbers of children. “SEC. 433. ALLOTMENTS TO STATES. “(a) Indian Tribes.— From the amount reserved pursuant to section 430(d)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. “(b) Territories.— From the amount described in section 430(b) for any fiscal year that remains after applying section 430(d) for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 421. “(c) Other States.— “(1) In general.— From the amount described in section 430(b) for any fiscal year that remains after applying section 430(d) and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in subsection (b) of this section an amount equal to such remaining amount multiplied by the food stamp percentage of the State for the fiscal year. “(2) Food stamp percentage defined.— “(A) In general.— As used in paragraph (1) of this subsection, the term food stamp percentage’ means, with respect to a State and a fiscal year, the average monthly number of children receiving food stamp benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 16(c) of the Food Stamp Act of 1977, expressed as a percentage of the average monthly number of children receiving food stamp benefits in the States described in such paragraph (1) for months in such 3 fiscal years, as so determined. “(B) Fiscal years used in calculation.— For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State’s allotment is calculated under this subsection, for which such data are available to the Secretary. “SEC. 434. PAYMENTS TO STATES. “(a) Entitlement.— “(1) General rule.— Except as provided in paragraph (2) of this subsection, each State which has a plan approved under this subpart shall be entitled to payment of the lesser of— “(A) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or “(B) the allotment of the State under section 433 for the fiscal year. “(2) Special rule.— Upon submission by a State to the Secretary during fiscal year 1994 of an application in such form and containing such information as the Secretary may require (including, if the State is seeking payment of an amount pursuant to subparagraph (B) of this paragraph, a description of the services to be provided with the amount), the State shall be entitled to payment of an amount equal to the sum of— “(A) such amount, not exceeding $1,000,000, from the allotment of the State under section 433 for fiscal year 1994, as the State may require to develop and submit a plan for approval under section 432; and “(B) an amount equal to the lesser of— “(i) 75 percent of the expenditures by the State for services to children and families in accordance with the application and the expenditure rules of section 432(a)(4); or “(ii) the allotment of the State under section 433 for fiscal year 1994, reduced by any amount paid to the State pursuant to subparagraph (A) of this paragraph. “(b) Prohibitions.— “(1) No use of other federal funds for state match.— Each State receiving an amount paid under paragraph (1) or (2)(B) of subsection (a) may not expend any Federal funds to meet the costs of services described in this subpart not covered by the amount so paid. “(2) Availability of funds.— A State may not expend any amount paid under subsection (a)(1) for any fiscal year after the end of the immediately succeeding fiscal year. “(c) Direct Payments to Tribal Organizations of Indian Tribes.— The Secretary shall pay any amount to which an Indian tribe is entitled under this section directly to the tribal organization of the Indian tribe. “SEC. 435. EVALUATIONS. “(a) Evaluations.— “(1) In general.— The Secretary shall evaluate the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2). “(2) Criteria to be used.— In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as— “(A) State agencies administering programs under this part and part E; “(B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare; and “(C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs. “(b) Coordination of Evaluations.— The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart.”.

  2. Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 105(1) · 115 Stat. 2413

    Substituted · 42 U.S.C. § 629e

    Pub. L. 107–133, § 105(1), substituted “Evaluations; research; technical assistance” for “Evaluations” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–133, § 105(1), substituted “Evaluations; research; technical assistance” for “Evaluations” in section catchline.

    Enacted provision · exact public law section
    (1) by striking all that precedes “the effectiveness” in paragraph (1) of subsection (a), including the heading for section 435 and the caption for subsection (a), and inserting the following: “SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE. “(a) Evaluations.— “(1) In general.— The Secretary shall evaluate and report to the Congress biennially on ” ;

  3. Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 105(1) · 115 Stat. 2413

    Substituted · 42 U.S.C. § 629e(a)(1)

    Pub. L. 107–133, § 105(1), substituted “The Secretary shall evaluate and report to the Congress biennially on” for “The Secretary shall evaluate”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–133, § 105(1), substituted “The Secretary shall evaluate and report to the Congress biennially on” for “The Secretary shall evaluate”.

    Enacted provision · exact public law section
    (1) by striking all that precedes “the effectiveness” in paragraph (1) of subsection (a), including the heading for section 435 and the caption for subsection (a), and inserting the following: “SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE. “(a) Evaluations.— “(1) In general.— The Secretary shall evaluate and report to the Congress biennially on ” ;

  4. Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 105(2) · 115 Stat. 2413

    Added · 42 U.S.C. § 629e(a)(3)

    Pub. L. 107–133, § 105(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–133, § 105(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end of subsection (a) the following: “(3) Timing of report.— Beginning in 2003, the Secretary shall submit the biennial report required by this subsection not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d). ” ; and

  5. Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 105(3) · 115 Stat. 2413

    Added · 42 U.S.C. § 629e(c); 42 U.S.C. § 629e(d)

    Pub. L. 107–133, § 105(3), added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 107–133, § 105(3), added subsecs. (c) and (d).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(c) Research.— The Secretary shall give priority consideration to the following topics for research and evaluation under this subsection, using rigorous evaluation methodologies where feasible: “(1) Promising program models in the service categories specified in section 430(b), particularly time-limited reunification services and postadoption services. “(2) Multi-disciplinary service models designed to address parental substance abuse and to reduce its impacts on children. “(3) The efficacy of approaches directed at families with specific problems and with children of specific age ranges. “(4) The outcomes of adoptions finalized after enactment of the Adoption and Safe Families Act of 1997. “(d) Technical Assistance.— To the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes to— “(1) develop research-based protocols for identifying families at risk of abuse and neglect of use in the field; “(2) develop treatment models that address the needs of families at risk, particularly families with substance abuse issues; “(3) implement programs with well-articulated theories of how the intervention will result in desired changes among families at risk; “(4) establish mechanisms to ensure that service provision matches the treatment model; and “(5) establish mechanisms to ensure that postadoption services meet the needs of the individual families and develop models to reduce the disruption rates of adoption. ” .

  6. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 4(c) · 120 Stat. 1233

    Amended · 42 U.S.C. § 629e(c)

    Pub. L. 109–288, § 4(c), amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) related to topics for research and evaluation

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–288, § 4(c), amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) related to topics for research and evaluation.

    Enacted provision · exact public law section
    (c) Evaluation, Research, and Technical Assistance With Respect to Targeted Program Resources.— Section 435(c) of such Act (42 U.S.C. 629e(c)) is amended to read as follows : “(c) Evaluation, Research, and Technical Assistance With Respect to Targeted Program Resources.— Of the amount reserved under section 436(b)(1) for a fiscal year, the Secretary shall use not less than— “(1) $1,000,000 for evaluations, research, and providing technical assistance with respect to supporting monthly caseworker visits with children who are in foster care under the responsibility of the State, in accordance with section 436(b)(4)(B)(i); and “(2) $1,000,000 for evaluations, research, and providing technical assistance with respect to grants under section 437(f).” .

  7. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 5(b)(3)(C) · 120 Stat. 1233

    Inserted · 42 U.S.C. § 629e(d)

    Pub. L. 109–288, § 5(b)(3)(C), inserted “or tribal consortia” after “Indian tribes” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–288, § 5(b)(3)(C), inserted “or tribal consortia” after “Indian tribes” in introductory provisions.

    Enacted provision · exact public law section
    (C) Evaluations; research; technical assistance.— Section 435(d) of such Act (42 U.S.C. 629e(d)) is amended in the matter preceding paragraph (1), by inserting “or tribal consortia” after “Indian tribes”.

  8. Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act

    Pub. L. 115–271 title VIII § 8082(a) · 132 Stat. 3894

    Added · 42 U.S.C. § 629e(e)

    Pub. L. 115–271 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–271 added subsec. (e).

    Enacted provision · exact public law section
    (a) Family Recovery and Reunification Program Replication Project.— Section 435 of the Social Security Act (42 U.S.C. 629e) is amended by adding at the end the following: “(e) Family Recovery and Reunification Program Replication Project.— “(1) Purpose.— The purpose of this subsection is to provide resources to the Secretary to support the conduct and evaluation of a family recovery and reunification program replication project (referred to in this subsection as the ‘project’) and to determine the extent to which such programs may be appropriate for use at different intervention points (such as when a child is at risk of entering foster care or when a child is living with a guardian while a parent is in treatment). The family recovery and reunification program conducted under the project shall use a recovery coach model that is designed to help reunify families and protect children by working with parents or guardians with a substance use disorder who have temporarily lost custody of their children. “(2) Program components.— The family recovery and reunification program conducted under the project shall adhere closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children and, consistent with such elements and protocol, shall provide such items and services as— “(A) assessments to evaluate the needs of the parent or guardian; “(B) assistance in receiving the appropriate benefits to aid the parent or guardian in recovery; “(C) services to assist the parent or guardian in prioritizing issues identified in assessments, establishing goals for resolving such issues that are consistent with the goals of the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children, and making a coordinated plan for achieving such goals; “(D) home visiting services coordinated with the child welfare agency and treatment provider involved with the parent or guardian or their children; “(E) case management services to remove barriers for the parent or guardian to participate and continue in treatment, as well as to re-engage a parent or guardian who is not participating or progressing in treatment; “(F) access to services needed to monitor the parent’s or guardian’s compliance with program requirements; “(G) frequent reporting between the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children to ensure appropriate information on the parent’s or guardian’s status is available to inform decision-making; and “(H) assessments and recommendations provided by a recovery coach to the child welfare caseworker responsible for documenting the parent’s or guardian’s progress in treatment and recovery as well as the status of other areas identified in the treatment plan for the parent or guardian, including a recommendation regarding the expected safety of the child if the child is returned to the custody of the parent or guardian that can be used by the caseworker and a court to make permanency decisions regarding the child. “(3) Responsibilities of the secretary.— “(A) In general.— The Secretary shall, through a grant or contract with 1 or more entities, conduct and evaluate the family recovery and reunification program under the project. “(B) Requirements.— In identifying 1 or more entities to conduct the evaluation of the family recovery and reunification program, the Secretary shall— “(i) determine that the area or areas in which the program will be conducted have sufficient substance use disorder treatment providers and other resources (other than those provided with funds made available to carry out the project) to successfully conduct the program; “(ii) determine that the area or areas in which the program will be conducted have enough potential program participants, and will serve a sufficient number of parents or guardians and their children, so as to allow for the formation of a control group, evaluation results to be adequately powered, and preliminary results of the evaluation to be available within 4 years of the program’s implementation; “(iii) provide the entity or entities with technical assistance for the program design, including by working with 1 or more entities that are or have been involved in recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children so as to make sure the program conducted under the project adheres closely to the elements and protocol determined to be most effective in such other recovery coaching programs; “(iv) assist the entity or entities in securing adequate coaching, treatment, child welfare, court, and other resources needed to successfully conduct the family recovery and reunification program under the project; and “(v) ensure the entity or entities will be able to monitor the impacts of the program in the area or areas in which it is conducted for at least 5 years after parents or guardians and their children are randomly assigned to participate in the program or to be part of the program’s control group. “(4) Evaluation requirements.— “(A) In general.— The Secretary, in consultation with the entity or entities conducting the family recovery and reunification program under the project, shall conduct an evaluation to determine whether the program has been implemented effectively and resulted in improvements for children and families. The evaluation shall have 3 components: a pilot phase, an impact study, and an implementation study. “(B) Pilot phase.— The pilot phase component of the evaluation shall consist of the Secretary providing technical assistance to the entity or entities conducting the family recovery and reunification program under the project to ensure— “(i) the program’s implementation adheres closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and “(ii) random assignment of parents or guardians and their children to be participants in the program or to be part of the program’s control group is being carried out. “(C) Impact study.— The impact study component of the evaluation shall determine the impacts of the family recovery and reunification program conducted under the project on the parents and guardians and their children participating in the program. The impact study component shall— “(i) be conducted using an experimental design that uses a random assignment research methodology; “(ii) consistent with previous studies of other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children, measure outcomes for parents and guardians and their children over multiple time periods, including for a period of 5 years; and “(iii) include measurements of family stability and parent, guardian, and child safety for program participants and the program control group that are consistent with measurements of such factors for participants and control groups from previous studies of other recovery coaching programs so as to allow results of the impact study to be compared with the results of such prior studies, including with respect to comparisons between program participants and the program control group regarding— “(I) safe family reunification; “(II) time to reunification; “(III) permanency (such as through measures of reunification, adoption, or placement with guardians); “(IV) safety (such as through measures of subsequent maltreatment); “(V) parental or guardian treatment persistence and engagement; “(VI) parental or guardian substance use; “(VII) juvenile delinquency; “(VIII) cost; and “(IX) other measurements agreed upon by the Secretary and the entity or entities operating the family recovery and reunification program under the project. “(D) Implementation study.— The implementation study component of the evaluation shall be conducted concurrently with the conduct of the impact study component and shall include, in addition to such other information as the Secretary may determine, descriptions and analyses of— “(i) the adherence of the family recovery and reunification program conducted under the project to other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and “(ii) the difference in services received or proposed to be received by the program participants and the program control group. “(E) Report.— The Secretary shall publish on an internet website maintained by the Secretary the following information: “(i) A report on the pilot phase component of the evaluation. “(ii) A report on the impact study component of the evaluation. “(iii) A report on the implementation study component of the evaluation. “(iv) A report that includes— “(I) analyses of the extent to which the program has resulted in increased reunifications, increased permanency, case closures, net savings to the State or States involved (taking into account both costs borne by States and the Federal government), or other outcomes, or if the program did not produce such outcomes, an analysis of why the replication of the program did not yield such results; “(II) if, based on such analyses, the Secretary determines the program should be replicated, a replication plan; and “(III) such recommendations for legislation and administrative action as the Secretary determines appropriate. “(5) Appropriation.— In addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for fiscal year 2019 to carry out the project, which shall remain available through fiscal year 2026.” .

  9. Pub. L. 118–258 § 106(g) · 138 Stat. 2950

    Inserted · 42 U.S.C. § 629e(a)(2)(B)

    Pub. L. 118–258, § 106(g), inserted before semicolon “including community-based partners with expertise in preventing unnecessary child welfare system involvement”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 118–258, § 106(g), inserted before semicolon “including community-based partners with expertise in preventing unnecessary child welfare system involvement”.

    Effective date note
    Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar 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.

  10. Pub. L. 118–258 § 115(a) · 138 Stat. 2950

    Amended · 42 U.S.C. § 629e(c)

    Pub. L. 118–258, § 115(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to evaluation, research, and technical assistance with respect to targeted program resources

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–258, § 115(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to evaluation, research, and technical assistance with respect to targeted program resources.

    Effective date note
    Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar 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.

  11. Pub. L. 118–258 § 105(e) · 138 Stat. 2950

    Added · 42 U.S.C. § 629e(d)(6)

    Pub. L. 118–258, § 105(e), added par. (6)

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 118–258, § 105(e), added par. (6).

    Effective date note
    Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar 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.

  12. Pub. L. 118–258 § 108(a) · 138 Stat. 2950

    Added · 42 U.S.C. § 629e(f)

    Pub. L. 118–258, § 108(a), added subsec. (f)

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–258, § 108(a), added subsec. (f).

    Effective date note
    Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar 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.

8 of 12 references resolved to an enrolled provision · 4 unresolved

Editorial Notes

References in Text

The Indian Child Welfare Act of 1978, referred to in subsec. (c)(2), is Pub. L. 95–608, , 92 Stat. 3069, which is classified generally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 and Tables.

Prior Provisions

A prior section 435 of act , was classified to section 635 of this title prior to repeal by Pub. L. 100–485.

Amendments2002–2025 · 4 rounds

2025

Subsec. (a)(2)(B). Pub. L. 118–258, § 106(g), inserted before semicolon “including community-based partners with expertise in preventing unnecessary child welfare system involvement”.

Subsec. (c). Pub. L. 118–258, § 115(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to evaluation, research, and technical assistance with respect to targeted program resources.

Subsec. (d)(6). Pub. L. 118–258, § 105(e), added par. (6).

Subsec. (f). Pub. L. 118–258, § 108(a), added subsec. (f).

2018

Subsec. (e). Pub. L. 115–271 added subsec. (e).

2006

Subsec. (c). Pub. L. 109–288, § 4(c), amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) related to topics for research and evaluation.

Subsec. (d). Pub. L. 109–288, § 5(b)(3)(C), inserted “or tribal consortia” after “Indian tribes” in introductory provisions.

2002

Pub. L. 107–133, § 105(1), substituted “Evaluations; research; technical assistance” for “Evaluations” in section catchline.

Subsec. (a)(1). Pub. L. 107–133, § 105(1), substituted “The Secretary shall evaluate and report to the Congress biennially on” for “The Secretary shall evaluate”.

Subsec. (a)(3). Pub. L. 107–133, § 105(2), added par. (3).

Subsecs. (c), (d). Pub. L. 107–133, § 105(3), added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by Pub. L. 118–258 effective , and applicable to payments under this part for calendar 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 , 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 implementing 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 2002 Amendment

Amendment by Pub. L. 107–133 effective , with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as a note under section 629 of this title.

Credits

1935–2025 · 5 acts
  1. 1935Aug. 14, 1935, ch. 531, title IV, § 435, as added Pub. L. 103–66, title XIII, § 13711(a)(2), , 107 Stat. 654
  2. 2002amended Pub. L. 107–133, title I, § 105, , 115 Stat. 2415
  3. 2006Pub. L. 109–288, §§ 4(c), 5(b)(3)(C), , 120 Stat. 1242, 1243
  4. 2018Pub. L. 115–271, title VIII, § 8082(a), , 132 Stat. 4098
  5. 2025Pub. L. 118–258, title I, §§ 105(e), 106(g), 108(a), 115(a), , 138 Stat. 2950, 2953, 2956, 2968.
Show as published

(Aug. 14, 1935, ch. 531, title IV, § 435, as added Pub. L. 103–66, title XIII, § 13711(a)(2), , 107 Stat. 654; amended Pub. L. 107–133, title I, § 105, , 115 Stat. 2415; Pub. L. 109–288, §§ 4(c), 5(b)(3)(C), , 120 Stat. 1242, 1243; Pub. L. 115–271, title VIII, § 8082(a), , 132 Stat. 4098; Pub. L. 118–258, title I, §§ 105(e), 106(g), 108(a), 115(a), , 138 Stat. 2950, 2953, 2956, 2968.)

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