Section 1 Short title
This Act may be cited as the “Supporting Families in Substance Abuse Treatment Act”.
Supporting Families in Substance Abuse Treatment Act
AN ACT
To support foster care maintenance payments for children with parents in a licensed residential family-based treatment facility for substance abuse.
Sec. 2 Foster care maintenance payments for children with parents in a licensed residential family-based treatment facility for substance abuse
in subsection (a)(2)(C), by striking “or” and inserting “, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a ”; and
by adding at the end the following:
“(j) Children placed with a parent residing in a licensed residential family-Based treatment facility for substance abuse
“(1) In general—Notwithstanding the preceding provisions of this section, a child who is eligible for foster care maintenance payments under this section shall be eligible for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse, but only if—
“(A) the recommendation for the placement is specified in the child's case plan before the placement;
“(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling; and
“(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.
“(2) Payment amount—The amount the State may receive under section 474(a)(1) for a child placed with a parent who is in a licensed residential family-based treatment facility for substance abuse shall not exceed the amount the State would otherwise be eligible to receive under such section based on where the child would be appropriately placed in a setting described in section 472(a)(2)(C) if such treatment setting were not available.
“(3) Application—With respect to children for whom foster care maintenance payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to be children with respect to whom foster care maintenance payments are made under this section for purposes of subsection (h) or section 473(b)(3)(B).”
Conforming amendment— Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is amended by inserting “subject to section 472(j),” before “an amount equal to the Federal” the first place it appears.
Sec. 3 Effective date
Effective dates— Subject to subsection (b), the amendments made by this Act shall take effect on October 1, 2017.
Transition rule—
In general— In the case of a State plan under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
Application to programs operated by Indian tribal organizations— In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.