Family Preservation and Child Protection Reform Act

Family Preservation and Child Protection Reform Act - (Sec. 3) Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped innovative family services entitlement program.

Requires maintenance of State effort under such program.

Sets forth a new formula for allotments to States under such program.

Requires States to use funds to provide respite care to any family operating a foster family home for one or more foster children with special needs.

Requires the use of entitlement grants to develop or expand specialized child welfare services programs for families in crisis due to substance abuse.

(Sec. 4) Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases.

(Sec. 5) Requires each State to periodically compile a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse.

(Sec. 6) Requires States to inventory all children placed in foster care and determine the appropriate action in each case. Requires States to set up information and case review systems for each child receiving foster care, as well as specified service programs for all such children.

(Sec. 7) Requires States to report on measures taken to comply with the Indian Child Welfare Act.

(Sec. 9) Allows the involvement of private parties in the development of State plans.

(Sec. 10) Amends title IV of the Social Security Act to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services.

Authorizes demonstration projects for the coordination of child and family services.

(Sec. 11) Makes children whose adoption has been set aside by a court eligible for discretionary foster care maintenance payments. Makes eligible for adoption assistance payments the adoptive parents of any such child with respect to whom foster care maintenance payments may be made.

(Sec. 12) Expands the definition of children with special needs, for purposes of the adoption assistance program.

(Sec. 13) Directs the Secretary of Health and Human Services (HHS) to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on reasonable State efforts to prevent or eliminate the need for removal of children from their homes and to make it possible for foster children to return home.

(Sec. 14) Amends the Internal Revenue Code to allow an individual a deduction for adoption expenses paid for a child with special needs.

(Sec. 15) Requires the State plan to provide for a periodic reevaluation of foster care maintenance payments.

(Sec. 16) Revises requirements for dispositional hearings to determine the final status of a foster child, in part to accelerate such hearings.

(Sec. 18) Revises certain case plan requirements for placement of children in out-of-State foster care, including special State reports on such placements.

(Sec. 19) Revises certain requirements for the treatment of assets of youth participating in the independent living program.

(Sec. 20) Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program.

(Sec. 21) Directs the Secretary of HHS to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents.

Requires the Secretary to publish a model staff recruitment, training, and staff retention program for State and local child welfare agencies.

(Sec. 23) Provides for grants for child welfare traineeships.

(Sec. 25) Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary of HHS to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program.

(Sec. 26) Requires the Secretary to establish a work group to advise on the planning and implementation of the system to be used for the collection of data relating to adoption and foster care.

(Sec. 27) Requires the Secretary to conduct, through contracts with independent research organizations, the following research and evaluation projects; (1) foster care evaluations; (2) longitudinal child welfare data bases; and (3) studies of child welfare population dynamics.

Requires the Secretary to study child separation practices in at least three States and develop appropriate separation guidelines.

(Secs. 28-30) Directs the Secretary of HHS to conduct certain demonstration projects with respect to child welfare, independent living services for young adults, and home rebuilding for children released from foster care.

Directs the Secretary to appoint a Commission on the Evaluation of Disability in Children.

(Sec. 32) Amends part A of title XI of the Social Security Act to overturn certain limitations in Suter v. Artist M. on private enforceability of State plan requirements.