article: SECTION 1. CHILD WELFARE SERVICES. Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) provide that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided under the plan for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES. (a) In General.--Section 432(a) of the Social Security Act (42 U.S.C. 632(a)) is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively, and by inserting after paragraph (5) the following: ``(6) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided through the State program under this subpart for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); and ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C);''. (b) Conforming Amendment.--Section 432(b)(2)(A) of such Act (42 U.S.C. 632(b)(2)(A)) is amended by inserting ``(other than of subsection (a)(6))'' after ``this section''. SEC. 3. FOSTER CARE MAINTENANCE PAYMENTS. (a) In General.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following: ``(18) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain foster care maintenance payments for the child; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement; and ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement, and for the care of any child so placed.''. (b) Modification of Voluntary Placement Agreements.--Section 472(f)(2) of such Act (42 U.S.C. 672(f)(2)) is amended-- (1) by inserting ``legal'' before ``guardians'' each place such term appears; and (2) by inserting ``, and which does not transfer legal custody of the child to the State'' before the period. (c) Rule of Construction.--Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following: ``(d) The provisions of this part, individually or in combination, shall not be construed to require a State to have legal custody of a child in order to receive payments under this part for services provided for the child outside the child's home.''. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES. Section 505(a) of the Social Security Act (42 U.S.C. 705(a)) is amended-- (1) in paragraph (4), by striking ``and'' after the semicolon at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (5) the following paragraph: ``(6) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided through the State under this title for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 5. MEDICAID. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (61); (2) by striking the period at the end of paragraph (62) and inserting ``; and''; and (3) by inserting after paragraph (62) the following new paragraph: ``(63) provide that the State agency shall provide assurances satisfactory to the Secretary that-- ``(A) the State does not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain medical assistance for the child under the State plan for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 6. SOCIAL SERVICES. Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is amended by adding at the end the following: ``SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS TO SURRENDER CUSTODY OF THEIR CHILDREN IN ORDER TO OBTAIN SERVICES FOR SUCH CHILDREN. ``The Secretary shall not make any payment to a State under this title if the State does not have in effect laws and procedures which-- ``(1) prevent the State from requiring any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain any service for the child for the child's emotional, behavioral, or mental disorder or developmental or physical disability, which is furnished in whole or in part through the use of funds provided under this title; ``(2) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(3) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(4) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 1995.
summary: Amends the Social Security Act to prohibit States from requiring parents or legal guardians to transfer legal custody of their children for the sole purpose of obtaining public services for such children under certain provisions for: (1) child welfare services; (2) family preservation and support services; (3) foster care maintenance payments; (4) maternal and child health services; (5) Medicaid; and (6) block grants to States for social services.