42 USC 629 - State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children

View all text of Subpart 2 [§ 629 - § 629l]

§ 629i. State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children

(a) Authority

(1) In general

(2) Payment of annual installments

(3) 1-year planning grantsThe Secretary may make a planning grant to a recipient of a demonstration grant, to be paid to the recipient 1 year before payment of the 1st annual installment of the demonstration grant and in an amount not greater than any installment of the demonstration grant, if—

(A) the recipient includes a request for a planning grant in the application under subsection (c); and

(B) the Secretary determines that a planning grant would assist the recipient and improve the effectiveness of the demonstration grant.

(b) Eligible State partnership defined

(1) In generalIn this section, the term “eligible State partnership” means an agreement entered into by, at a minimum, the following:

(A) The State child welfare agency responsible for the administration of the State plans under this part.

(B) The State agency responsible for adult corrections.

(2) Additional partners

(3) Partnerships entered into by Indian tribes or tribal consortia

(c) Application requirementsAn eligible State partnership seeking a demonstration grant under this section to carry out a program described in subsection (a)(1) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include the following:

(1) A summary of the program, including how the program will support a meaningful relationship between a covered foster child and an incarcerated parent of the child.

(2) A description of the activities to be carried out by the program, which must include all of the activities described in subsection (d) that are in the best interest of the covered foster child.

(3) A framework for identifying—

(A) each covered foster child eligible for services under the program, including, to the extent practicable, coordination of data between relevant State child welfare agencies and court systems; and

(B) the roles and responsibilities of the entities in the partnership.

(4) Documentation that the applicant is an eligible State partnership.

(5) Assurances that the applicant will participate fully in the evaluation described in subsection (f)(2) and shall maintain records for the program, including demographic information disaggregated by relevant characteristics with respect to covered foster children and incarcerated parents who participate in the program.

(d) Program activitiesTo the extent that the activities are in the best interest of the covered foster child, the activities referred to in subsection (c)(2) shall include the following:

(1) Revision of policiesThrough consultation with incarcerated parents and their families, grantees shall promote organizational policies of participating child welfare entities and collaborating correctional facilities to promote meaningful relationships through regular and developmentally appropriate communication and visitation between covered foster children and the incarcerated parents, including, when appropriate, the following:

(A) For child welfare entities—

(i) inclusion of parents in case planning and decision making for children;

(ii) regular sharing of information and responses to requests for information between caseworkers and incarcerated parents with respect to the case information of a child, any changes to a case, permanency plans, requirements to maintain parental rights, and any efforts to terminate parental rights;

(iii) appropriate opportunities for incarcerated parents to demonstrate their relationship with a covered foster child given their incarceration, including training and courses required for a service plan; and

(iv) the enhanced visitation described in paragraph (2).

(B) For correctional facilities, fostering visitation and communication that is developmentally appropriate in terms of—

(i) the nature of communication and visitation, including—(I) the ability to physically touch parents;(II) engaging with parents in locations that are appropriate for the age and development of the child;(III) exchanging items that are appropriate to the age and development of the child, include expectations that are appropriate for the age and development of the child related to behavior, attire, and wait times; and(IV) allowing appropriate adults to bring children if legal guardians are not available to promote regular contact;

(ii) reasonable inclusion of all children of the parent;

(iii) communication and visitation at times when the children are available;

(iv) security procedures to comfort children and be minimally invasive; and

(v) promoting parent-child relationships regardless of the sentence imposed on the parent.

(2) Enhanced visitation

(A) Grantees shall facilitate weekly communication and, for at least 9 days each year, in-person visitation between a covered foster child and any incarcerated parent of the child.

(B) Electronic visitation (such as live video visits, phone calls, and recorded books) may be used but shall not be the sole method to promote a meaningful relationship for purposes of the grant.

(i) integrate best practices for visitation programs with incarcerated parents and their children;

(ii) adopt developmentally appropriate visitation policies and procedures such as those described in paragraph (1)(B);

(iii) reduce or eliminate the cost of developmentally appropriate communication and visitation for the covered foster child, which may include the purchase of communication technology, covering transportation, insurance, and lodging costs, costs related to providing appropriate visitation spaces and activities, and other relevant costs;

(iv) to the extent practicable, integrate appropriate parenting education to help prepare and process visits; and

(v) avoid restricting visitation and communication as a punishment for the incarcerated parents.

(3) Training

(4) Case management

(5) Legal assistance

(e) Federal share

(f) Technical assistance, evaluations, and reports

(1) Technical assistanceThe Secretary shall provide technical assistance with respect to grants under this section, including by—

(A) assisting grantees in understanding best practices in promoting meaningful relationships between incarcerated parents and their children as well as consulting with appropriate stakeholders when developing their programs;

(B) assisting grantees with establishing and analyzing implementation and performance indicators; and

(C) conducting an annual technical assistance and training meeting and an annual grantee meeting so that grantees can learn from the experiences of other grantees.

(2) Evaluations

(3) Reports to the Congress

(A) Initial reportNot later than 3 years after January 4, 2025, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes—

(i) the number of applications for grants under this section;

(ii) the number of grants awarded, and the amounts for each grant; and

(iii) information on the grants, including—(I) interim results of the evaluation described in paragraph (2);(II) disaggregated data on covered foster children and incarcerated parents;(III) information on the composition of eligible State partnerships;(IV) best practices for facilitating meaningful relationships between covered foster children and incarcerated parents; and(V) barriers to implementation or expansion of programs funded under this section.

(B) Final reportNot later than 6 years after January 4, 2025, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes—

(i) the final results of the evaluation described in paragraph (2); and

(ii) recommendations for refinements to grant requirements to improve program outcomes.

(g) Authority of Secretary with respect to Indian tribes and tribal organizations

(1) Waiver or modification of requirements

(2) Evaluation

(h) Limitations on authorization of appropriations

(i) Definition of covered foster childIn this section, the term “covered foster child” means a child that—

(1) is in foster care; and

(2) has at least 1 parent incarcerated in a Federal, State, or local correctional facility.

(Aug. 14, 1935, ch. 531, title IV, § 439, as added Pub. L. 107–133, title I, § 121, Jan. 17, 2002, 115 Stat. 2419; amended Pub. L. 109–288, § 8, Sept. 28, 2006, 120 Stat. 1249; Pub. L. 118–258, title I, § 113(a), Jan. 4, 2025, 138 Stat. 2963.)