SEC. 1130.
[42 U.S.C. 1320a-9] (a)
AUTHORITY TO APPROVE DEMONSTRATION
PROJECTS.—
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(1) IN GENERAL.—The Secretary may authorize
States to conduct demonstration projects pursuant to this section
which the Secretary finds are likely to promote the objectives
of part B or E of title IV.
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(2) LIMITATION.—The Secretary may authorize
not more than 10 demonstration projects under paragraph (1) in
each of fiscal years 1998 through 2003[70].
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(3) CERTAIN TYPES OF PROPOSALS REQUIRED TO BE CONSIDERED.—
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(A) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which
is designed to identify and address barriers that result in delays
to adoptive placements for children in foster care.
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(B) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which
is designed to identify and address parental substance abuse problems
that endanger children and result in the placement of children
in foster care, including through the placement of children with
their parents in residential treatment facilities (including residential
treatment facilities for post-partum depression) that
are specifically designed to serve parents and children together
in order to promote family reunification and that can ensure the
health and safety of the children in such placements.
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(C) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which
is designed to address kinship care.
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(4) LIMITATION ON ELIGIBILITY.—The
Secretary may not authorize a State to conduct a demonstration
project under this section if the State fails to provide health
insurance coverage to any child with special needs (as determined
under section 473(c)) for whom there is in effect an adoption assistance
agreement between a State and an adoptive parent or parents.
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(5) REQUIREMENT TO CONSIDER EFFECT OF PROJECT ON
TERMS AND CONDITIONS OF CERTAIN COURT ORDERS.—In considering
an application to conduct a demonstration project under this section
that has been submitted by a State in which there is in effect
a court order determining that the State's child welfare program
has failed to comply with the provisions of part B or E of title
IV, or with the Constitution of the United States, the Secretary
shall take into consideration the effect of approving the proposed project
on the terms and conditions of the court order related to the failure to
comply.
(b)
WAIVER AUTHORITY.—The
Secretary may waive compliance with any requirement of part B or
E of title IV which (if applied) would prevent a State from carrying
out a demonstration project under this section or prevent the State
from effectively achieving the purpose of such a project, except
that the Secretary may not waive—
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(1) any provision of section 427 (as in effect before April
1, 1996), section 422(b)(9) (as in effect after such date), or
section 479; or
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(2) any provision of such part E, to the extent that the waiver
would impair the entitlement of any qualified child or family to
benefits under a State plan approved under such part E.
(c)
TREATMENT AS PROGRAM EXPENDITURES.—For
purposes of parts B and E of title IV, the Secretary shall consider
the expenditures of any State to conduct a demonstration project
under this section to be expenditures under subpart 1 or 2 of such
part B, or under such part E, as the State may elect.
(d)
DURATION OF DEMONSTRATION.—A
demonstration project under this section may be conducted for not
more than 5 years, unless in the judgment of the Secretary, the
demonstration project should be allowed to continue.
(e)
APPLICATION.—Any
State seeking to conduct a demonstration project under this section
shall submit to the Secretary an application, in such form as the
Secretary may require, which includes
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(1) a description of the proposed project, the geographic area
in which the proposed project would be conducted, the children
or families who would be served by the proposed project, and the
services which would be provided by the proposed project (which
shall provide, where appropriate, for random assignment of children
and families to groups served under the project and to control
groups);
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(2) a statement of the period during which the proposed project
would be conducted;
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(3) a discussion of the benefits that are expected from the
proposed project (compared to a continuation of activities under
the approved plan or plans of the State);
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(4) an estimate of the costs or savings of the proposed project;
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(5) a statement of program requirements for which waivers would
be needed to permit the proposed project to be conducted;
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(6) a description of the proposed evaluation design; and
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(7) such additional information as the Secretary may require.
(f)
EVALUATIONS; REPORT.—Each
State authorized to conduct a demonstration project under this
section shall—
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(1) obtain an evaluation by an independent contractor of the
effectiveness of the project, using an evaluation design approved
by the Secretary which provides for—
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(A) comparison of methods of service delivery under the project,
and such methods under a State plan or plans, with respect to
efficiency, economy, and any other appropriate measures of program
management;
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(B) comparison of outcomes for children and families (and groups
of children and families) under the project, and such outcomes
under a State plan or plans, for purposes of assessing the effectiveness
of the project in achieving program goals; and
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(C) any other information that the Secretary may require; and
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(2) provide interim and final evaluation reports to the Secretary,
at such times and in such manner as the Secretary may require.
(g)
COST NEUTRALITY.—The
Secretary may not authorize a State to conduct a demonstration
project under this section unless the Secretary determines that the
total amount of Federal funds that will be expended under (or by
reason of) the project over its approved term (or such portion
thereof or other period as the Secretary may find appropriate)
will not exceed the amount of such funds that would be expended
by the State under the State plans approved under parts B and E
of title IV if the project were not conducted.
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