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U.S. Code as of:
01/19/04
Section 1320a-9. Demonstration projects
(a) Authority to approve demonstration projects
(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 subchapter IV
of this chapter.
(2) Limitation
The Secretary may authorize not more than 10 demonstration
projects under paragraph (1) in each of fiscal years 1998 through
2003.
(3) Certain types of proposals required to be considered
(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.
(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.
(C) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project
which is designed to address kinship care.
(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 673(c) of this title) for whom there
is in effect an adoption assistance agreement between a State and
an adoptive parent or parents.
(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 subchapter IV of this chapter, 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 subchapter IV of this chapter 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
-
(1) any provision of section 627 of this title (as in effect
before April 1, 1996), section 622(b)(9) of this title (as in
effect after such date), or section 679 of this title; or
(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 subchapter IV of this chapter,
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 -
(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);
(2) a statement of the period during which the proposed project
would be conducted;
(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);
(4) an estimate of the costs or savings of the proposed
project;
(5) a statement of program requirements for which waivers would
be needed to permit the proposed project to be conducted;
(6) a description of the proposed evaluation design; and
(7) such additional information as the Secretary may require.
(f) Evaluations; report
Each State authorized to conduct a demonstration project under
this section shall -
(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 -
(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;
(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
(C) any other information that the Secretary may require; and
(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 subchapter IV of this chapter if the project were not
conducted.
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