Library / Laws / 113th / s / S. 1518 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1518
IN THE SENATE OF THE UNITED STATES
September 18, 2013Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
Improving outcomes for youth at risk for sex trafficking, and other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Improving Outcomes for Youth At
Risk for Sex Trafficking Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.Sec. 2. Findings.TITLE I—Addressing the risks that make youth vulnerable to sex
trafficking and other negative outcomesSec. 101. Identifying and screening youth at risk of sex
trafficking.Sec. 102. Supporting normalcy for children in foster
care.Sec. 103. Improvements to another planned permanent living
arrangement as a permanency option.Sec. 104. Restrictions on and improvements to placement in
child care institutions or other settings that are not a foster family
home.Sec. 105. Redirecting funds for block grants to States for
social services to improve child welfare and address issues of domestic sex
trafficking.Sec. 106. Nonapplication of cost allocation requirements for
State expenditures related to identifying and screening youth at risk of sex
trafficking and other negative outcomes and supporting normalcy.Sec. 107. Information on children in foster care placed in
child care institutions or other settings that are not a foster family home in
annual reports using AFCARS data; consultation.TITLE II—Empowering older youth vulnerable to domestic sex
trafficking and other negative outcomesSec. 201. Empowering foster youth age 14 and older in the
development of their own case plan and transition planning for a successful
adulthood.Sec. 202. Ensuring foster youth have a birth certificate,
social security card, and a bank account.Sec. 203. Education improvements for older youth.Sec. 204. Increased funding for housing assistance for victims
of sex trafficking and other youth and additional changes to support successful
transitions to adulthood through the John H. Chafee Foster Care
Program.Sec. 205. Authority for monthly caseworker visits to occur
electronically for foster youth age 18 or older.TITLE III—MiscellaneousSec. 301. Pilot program to support placement stability for
children in therapeutic foster care.Sec. 302. Presidential award for excellence in the field of
child welfare.Sec. 303. Determination of budgetary effects.Sec. 304. Extension of effective date for State law
amendment.
2.
Findings
Congress makes the following
findings:
(1) Recent reports on sex trafficking estimate
that hundreds of thousands of children and youth are at risk for domestic sex
trafficking.
(2) The risk is
compounded every year for the up to 30,000 young people who are
emancipated from foster care.
(3) The current child
welfare system does not effectively identify, prevent, or intervene when a
child or youth presents as trafficked or at risk for trafficking.
(4) Within the
current foster care system, many young adults are housed in congregate care
facilities or group homes, which often are targeted by traffickers.
(5) Within the
current foster care system, children and youth are routinely denied the
opportunity to participate in normal, age or developmentally appropriate
activities such as joining 4–H and other clubs, participating in school plays,
playing sports, going to camp, and visiting a friend.
(6) A lack of
normalcy and barriers to participation in age or developmentally appropriate
activities, which are endemic features of the current child welfare system,
contribute to increased vulnerability for trafficking, homelessness, and other
negative outcomes for children and youth in foster care.
(7) The latest
research in adolescent brain development indicates that young people learn
through experience and through trial and error and as part of healthy brain
development young people need to take on increasing levels of decisionmaking
through their teenage years.
(8) In order to
combat domestic sex trafficking and to improve outcomes for children and youth
in foster care, systemic changes need to be made to the current child welfare
system that focus on—
(A) the reduction of
youth in congregate care facilities and group homes;
(B) greater youth
interaction with case planning while in foster care;
(C) improved policies
and procedures that encourage age or developmentally appropriate activities for
children in foster care and permit more opportunities for such children to make
meaningful and permanent connects with caring adults; and
(D) with regard to
domestic sex trafficking, improved identification, prevention, and intervention
by the child welfare agency in collaboration with the courts, local law
enforcement agencies, and other social service providers.
I
Addressing the
risks that make youth vulnerable to sex trafficking and other negative
outcomes
101.
Identifying
and screening youth at risk of sex trafficking
Section 471(a)(9) of the Social Security Act
(42 U.S.C. 671(a)(9)) is amended—
(1) in subparagraph
(A), by striking and;
(2) in subparagraph
(B), by inserting and after the semicolon; and
(3) by adding at the
end the following:
(C) not later than—
(i) January 1, 2015, demonstrate to the
Secretary that it has developed, in consultation with the child protective
services agency for the State, policies and procedures for identifying and
screening, and to determine appropriate State action and services, any child
who the State has reasonable cause to believe is a victim of sex trafficking
(as defined in section 103(10) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(10))) or a severe form of trafficking in persons described
in paragraph (9)(A) of that Act (22 U.S.C. 7102(9)(A)) or is at risk of being a
victim of either kind of trafficking (including at the option of the State, any
individual who has not attained age 26 without regard to whether that
individual is or was in foster care under the responsibility of the State);
and
(ii) January 1, 2016, demonstrate to the
Secretary that it is implementing, in consultation with the child protective
services agency for the State, the policies and procedures developed under
clause
(i).
.
102.
Supporting
normalcy for children in foster care
(a)
Reasonable and
prudent parent standard
(1)
Definitions
relating to the standard
Section 475 of the Social Security Act
(42 U.S.C. 675) is amended by adding at the end the following:
(9)
(A) The term
reasonable and prudent parent standard means the standard
characterized by careful and sensible parental decisions that maintain a
child's health, safety, and best interests while at the same time encouraging
the child's emotional and developmental growth, that a caregiver shall use when
determining whether to allow a child in foster care under the responsibility of
the State to participate in extracurricular, enrichment, and social
activities.
(B) For purposes of subparagraph (A), the
term caregiver means a foster parent with whom a child in foster
care has been placed or a designated official for a child care institution in
which a child in foster care has been placed.
(10)
(A) The term age or
developmentally appropriate means activities or items that are generally
accepted as suitable for children of the same chronological age or level of
maturity or that are determined to be developmentally appropriate for a child,
based on the development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group.
(B) In the case of a specific child, the
term means activities or items that are suitable for that child based on the
developmental stages attained by the child with respect to the child's
cognitive, emotional, physical, and behavioral
capacities.
.
(2)
State plan
amendment
Section 471(a)(24) of the Social Security Act (42
U.S.C. 671(a)(24)) is amended—
(A) by striking
include a and inserting (A) includes a;
(B) by striking
and that such preparation and inserting that such
preparation;
(C) by inserting
, and that such preparation shall include knowledge and skills relating
to the reasonable and prudent parent standard for the child's participation in
age or developmentally appropriate activities, including knowledge and skills
relating to the developmental stages of a child's cognitive, emotional,
physical, and behavioral capacities, and knowledge and skills relating to
applying the standard to decisions such as whether to allow the child to engage
in social, extracurricular, and enrichment activities, including sports, field
trips, and overnight activities lasting one or more days, and to decisions
involving the signing of permission slips and arranging of transportation for
the child to and from social, extracurricular, and enrichment
activities before the semicolon.
(b)
Normalcy for
children in child care institutions
Paragraph (10) of section
471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended to read as
follows:
(10) provides—
(A) for the establishment or designation of a
State authority or authorities that shall be responsible for establishing and
maintaining standards for foster family homes and child care institutions which
are reasonably in accord with recommended standards of national organizations
concerned with standards for such institutions or homes, including standards
related to admission policies, safety, sanitation, and protection of civil
rights, and which shall permit use of the reasonable and prudent parenting
standard;
(B) that the standards so established under
subparagraph (A) shall be applied by the State to any foster family home or
child care institution receiving funds under this part or part B of this title
and shall require, as a condition of any contract entered into by the State
agency and a child care institution, the presence on-site of at least 1
official who, with respect to any child placed at the child care institution,
is designated to be the caregiver who is authorized to apply the reasonable and
prudent parent standard to decisions involving the child's access to age or
developmentally appropriate items and participation in age or developmentally
appropriate activities, and who is provided with training in how to use and
apply the reasonable and prudent parent standard in the same manner as
prospective foster parents are provided such training under paragraph
(24);
(C) that the standards so established under
subparagraph (A) include policies and procedures to safeguard foster parents
and private entities under contract by the State against frivolous lawsuits
involving the application of the reasonable and prudent parent standard;
and
(D) that a waiver of any standards so
established under subparagraph (A) may be made only on a case-by-case basis for
nonsafety standards (as determined by the State) in relative foster family
homes for specific children in
care;
.
(c)
Effective
dates
The amendments made by this section shall take effect on
the date that is 1 year after the date of enactment of this Act, without regard
to whether regulations have been promulgated by that date to implement the
amendments made by this section.
103.
Improvements
to another planned permanent living arrangement as a permanency option
(a)
Elimination of
the option for children under age 16
(1)
In
general
Section 475(5)(C) of the Social Security Act (42 U.S.C.
675(5)(C)) is amended by inserting only in the case of a child who has
attained age 16 before (in cases where the State agency has
documented.
(2)
Conforming
amendment
Section 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C.
622(b)(8)(A)(iii)(II)) is amended by inserting , subject to the
requirements of paragraphs (5)(C) and (10) of section 475 after
arrangement.
(b)
Additional
requirements
(1)
In
general
Part E of title IV of the Social Security Act (42 U.S.C.
670 et seq.) is amended by inserting after section 475 the following new
section:
475A.
Additional case plan and case review system
requirements
(a)
Requirements for
another planned permanent living arrangement
In the case of any
child for whom another planned permanent living arrangement is the permanency
plan for the child, the following requirements shall apply for purposes of
approving the case plan for the child and the case system review procedure for
the child:
(1)
Documentation
of intensive, ongoing, unsuccessful efforts for family
placement
At each permanency hearing held with respect to the
child, the State agency documents the intensive, ongoing, and, as of the date
of the hearing, unsuccessful efforts made by the State agency to return the
child home or secure a placement for the child with a fit and willing relative,
a legal guardian, or an adoptive parent, including through efforts that utilize
search technology to find biological family members for children in the child
welfare system.
(2)
Redetermination
of appropriateness of placement at each permanency hearing
At
each permanency hearing held with respect to the child, the court or
administrative body appointed or approved by the court conducting the hearing
on the permanency plan for the child shall do the following:
(A) Ask the child if
the child wants to be adopted.
(B) Make a judicial
determination of a compelling reason with respect to each of the following
options for why it continues to not be in the best interests of the child
to—
(i) return
home;
(ii) be placed for
adoption;
(iii) be placed with
a legal guardian; or
(iv) be placed with a
fit and willing relative.
(C) Make a new
determination that another planned permanent living arrangement is the
appropriate permanency plan for this child and submit findings as to why, as of
the date of the hearing, another planned permanent living arrangement is the
best permanency plan for the child.
(D) Identify the
barriers to permanency plans other than another planned permanent living
arrangement for the child.
(E) Require the State
agency to document at the next permanency hearing held with respect to the
child the intensive, ongoing, efforts made by the State agency to address such
barriers and allow a different permanency plan for the child.
(3)
Demonstration
of support for engaging in age or developmentally appropriate activities and
social events
The State agency shall appear before the court or
administrative body appointed or approved by the court and demonstrate, not
less frequently than every 6 months while the child is placed in another
planned permanent living arrangement—
(A) the steps the
State agency is taking, including with respect to reducing barriers such as
paper work or other documentation, to ensure the child has regular, ongoing
opportunities to engage in age or developmentally appropriate activities,
including social events; and
(B) that an
individual, other than a caseworker, is the caregiver for the child for
purposes of the reasonable and prudent parent standard, including with respect
to authority for signing permission slips and giving informal permission for
the child to participate in age or developmentally appropriate activities,
including social
events.
.
(2)
Conforming
amendments
(A)
State plan
requirements
(i)
Part
B
Section 422(b)(8)(A)(ii) of the Social Security Act (42 U.S.C.
622(b)(8)(A)(ii)) is amended by inserting and in accordance with the
requirements of section 475A after section
475(5).
(ii)
Part
E
Section 471(a)(16) of the Social Security Act (42 U.S.C.
671(a)(16)) is amended—
(I) by inserting
and in accordance with the requirements of section 475A after
section 475(1); and
(II) by striking
section 475(5)(B) and inserting section 475(5) and
475A.
(B)
Definitions
Section
475 of the Social Security Act (42 U.S.C. 675) is amended—
(i) in
paragraph (1), in the matter preceding subparagraph (A), by inserting
meets the requirements of section 475A and after written
document which; and
(ii) in
paragraph (5)(C), as amended by section 102(a)(1) and subsection (a)(1), is
amended—
(I) by inserting
, as of the date of the hearing, after compelling reason
for determining; and
(II) by inserting
subject to the requirements of section 475A(a), after
another planned permanent living arrangement,.
(c)
Collected child
support directed to the youth
(1)
Foster youth in
another planned permanent living arrangement
Section 457(e)(1) of the Social Security
Act (42 U.S.C. 657(e)(1)) is amended by inserting unless the permanency
plan for the child is another planned permanent living arrangement, in which
case the amounts collected (without any reimbursement to the Federal
Government) shall be deposited in an account established in the child's name at
an insured depository institution (as defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined
in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) and used at the
discretion of the child (and, until the child attains age 18, in consultation
with the child's caregiver) for payment of fees or other costs attributable to
the child's participation in age or developmentally appropriate
activities before the semicolon.
(2)
Former foster
youth who have aged out of foster care
Section 457 of the Social
Security Act (42 U.S.C. 657) is amended—
(A) in subsection
(a), in the matter preceding paragraph (1), by striking (d) and
(e) and inserting (d), (e), and (f); and
(B) by adding at the
end the following new subsection:
(f)
Youth age 18 or
older in foster care
Notwithstanding the preceding provisions of
this section, amounts collected by a State as child support for months in any
period on behalf of a child who is in foster care under the responsibility of
the State on the date the child attains 18 years of age or such higher age as
the State has elected under section 475(8)(B)(iii) shall be paid to the child
(without any reimbursement to the Federal
Government).
.
(d)
Effective
dates
(1)
In
general
Except as provided in paragraph (2), the amendments made
by this section shall take effect on the date that is 1 year after the date of
enactment of this Act.
(2)
Delay of child
support amendment permitted if state legislation required
In the
case of a State plan approved under section 454 of the Social Security Act
which requires State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements imposed by the
amendments made by subsection (c), the State plan shall not be regarded as
failing to comply with the additional requirements solely on the basis of the
failure of the plan to meet the 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 such session shall be deemed to
be a separate regular session of the State legislature.
104.
Restrictions
on and improvements to placement in child care institutions or other settings
that are not a foster family home
(a)
Requirements
for placement
Section
475(5)(A) of the Social Security Act (42 U.S.C. 675(5)(A)) is amended—
(1) in clause (i), by
striking , and and inserting a semicolon;
(2) in clause (ii),
by striking the comma at the end and inserting ; and; and
(3) by adding at the
end the following:
(iii) if the child is
to be placed in a child care institution, an emergency group setting that is
expected to last for more than 15 days, or any other setting that is not a
foster family home, the State agency must appear before a court and verify
that—
(I) a family group
decisionmaking meeting was held at which it was determined that such placement
is in the best interests of the child; or
(II) efforts have
been made (by an individual experienced in using intensive search technology)
to locate relatives or other potential guardians for the child but that those
family-finding efforts, while ongoing, have thus far been unsuccessful in
locating an alternative placement; and
(iv) within 90 days
of placement of the child in the child care institution or other setting that
is not a foster family home, and every 90 days thereafter while the child
remains in such setting, the State agency shall—
(I) reconsider
whether such placement continues to be in the best interests of the child and
supports the ongoing development of the child; and
(II) ensure that the
child's case plan is updated to reflect the result of such
reconsideration;
.
(b)
Definition of
foster family home
Section 472(c) of the Social Security Act (42
U.S.C. 672(c)(1)) is amended—
(1) by striking
For purposes of this part, and inserting Definitions.—For purposes of
this part:; and
(2) by striking
(1) the term and all that follows through (2) the
term, and inserting the following:
(1)
Foster family
home
(A)
In
general
The term foster family home means the home
of an individual or family licensed or approved by the State in which it is
situated as meeting the standards established for such licensing or approval,
that provides 24-hour substitute care for children placed away from their
parents or other caretakers, and that provides such care for—
(i) not more than 3
foster children who have not attained age 2;
(ii) not more than 4
foster children who have attained age 2 but have not attained age 5;
(iii) not more than 4
foster children who have attained age 5 but have not attained age 13;
and
(iv) not more than 4
foster children who have attained age 13.
(B)
State
flexibility
The maximum number of children permitted under a
clause of subparagraph (A) may be decreased by a State and only may be
increased by a State for any one or more of the following reasons:
(i) To allow siblings
to remain together.
(ii) To allow a child
with an established, meaningful relationship with the family, such as a former
foster child, to remain with the family.
(iii) To allow a
family to provide care to a child who has a severe emotional or physical
disability.
(2)
Child care
institution
The
term
.
(c)
Reduction in
federal match for placement in a setting other than a foster family
home
Section 474 of the Social Security Act (42 U.S.C. 674) is
amended—
(1) in subsection
(a)(1), by inserting subject to subsection (h) before an
amount equal to the Federal; and
(2) by adding at the
end the following:
(h)
Reduced federal
matching percentage for placement in a setting other than a foster family
home
(1)
In
general
Notwithstanding subsection (a) and any regulations
promulgated under section 1123A(b)(3), no Federal payment shall be made under
subsection (a)(1) for amounts expended during a quarter for foster care
maintenance payments under section 472 for any child in a congregate care
placement for—
(A) in the case of a
child who has not attained age 13, more than 15 consecutive or nonconsecutive
days; and
(B) in the case of a
child who has attained age 13, more than 365 consecutive days or 548
nonconsecutive days, whichever occurs first.
(2)
Determinations
of age of children and length of placements
(A)
In
general
The Secretary shall make determinations relating to the
age of children and length of congregate care placements on the basis of the
most recent best data available.
(B)
Data
collection
The Secretary may require States to submit such
information and data as necessary to carry out this subsection.
(3)
Definition of
congregate care placement
(A)
In
general
In this subsection, the term congregate care
placement means placement in a child care institution or any other
setting that is not a foster family home.
(B)
Exceptions
Such
term does not include placement in any of the following:
(i) A
setting specializing in providing prenatal or post-partum supports for
youth.
(ii) A setting
specializing in providing supports for parenting teens.
(iii) In the case of
a child who has attained 18 years of age, a supervised setting in which the
child is living independently.
(iv) In the case of a
child with a severe physical disability, an institution specializing in
treatment for children with such disabilities.
(v) An emergency
placement in a setting that is not a foster family home that does not exceed 15
days.
.
(d)
Effective
date
The amendments made by this section take effect on October
1, 2015.
105.
Redirecting
funds for block grants to States for social services to improve child welfare
and address issues of domestic sex trafficking
(a)
Repeal of block
grants to states for social services
Sections 2001 through 2004 and sections
2006 and 2007 of the Social Security Act (42 U.S.C. 1397–1397c,
1397e–1397f) are repealed.
(b)
Child welfare
services programs
(1)
Redirecting
funding
Section 425 of the Social Security Act (42 U.S.C. 625) is
amended—
(A) in the section
heading, by inserting ; RESERVATION OF CERTAIN AMOUNTS
after APPROPRIATIONS;
(B) by inserting
(a) before To;
(C) by striking
2016. and inserting 2014, and $725,000,000 for each of
fiscal years 2015 through 2016.; and
(D) by adding at the
end the following:
(b) From the amounts
specified in subsection (a) for a fiscal year (beginning with fiscal year
2015), the Secretary shall reserve $400,000,000 for payments to States from
allotments under section
423(f).
.
(2)
Required use of
redirected funding
(A)
Purposes
Section
421 of the Social Security Act (42 U.S.C. 621) is amended—
(i) in
paragraph (2), by inserting , including the domestic sex trafficking of
children after children;
(ii) in
paragraph (4), by striking and after the semicolon;
(iii) by
redesignating paragraph (5) as paragraph (6); and
(iv) by
inserting after paragraph (4), the following:
(5) providing funding
to support implementation of the reasonable and prudent parent standard and the
participation of children in foster care, adoptive, or kinship care families in
age or developmentally appropriate activities;
and
.
(B)
Allotments to
states
Section 423 of the Social Security Act (42 U.S.C. 623) is
amended—
(i) in
subsection (a), by striking The sum appropriated pursuant to section 425
for each fiscal year shall be allotted by the Secretary and inserting
From the amount described in section 425(a) for any fiscal year that
remains after applying section 425(b) for the fiscal year, the Secretary shall
make allotments to States; and
(ii) by
adding at the end the following:
(f)
Additional
State allotments for exploitation prevention and normalcy
(1)
Exploitation
prevention and normalcy allotments
(A)
In
general
Beginning with fiscal year 2015, in addition to any
allotment for a State determined under subsection (a) for a fiscal year, the
Secretary shall determine for each State for which an allotment is made under
that subsection for the fiscal year, an additional allotment equal to the sum
of—
(i) the exploitation
prevention amount determined for the State for the fiscal year under paragraph
(2); and
(ii) the normalcy
support amount determined for the State for the fiscal year under paragraph
(3).
(B)
Use of
allotment amounts
(i)
In
general
The exploitation prevention amount of a State allotment
made under this subsection for a fiscal year shall only be used by a State to
carry out the purpose described in section 421(2) in accordance with clause
(ii) and the normalcy support amount of a State allotment made under this
subsection for a fiscal year shall only be used to carry out the purpose
described in section 421(5) in accordance with clause (iii).
(ii)
Permissive
uses for exploitation prevention funds
In addition to other
activities to prevent the neglect, abuse, or exploitation of children, funds
made available from the exploitation prevention amount of a State allotment
made under this subsection for a fiscal year may be used for any or all of the
following:
(I) Establishment of
a hotline uniquely prepared to receive calls from youth in foster care, or
other youth, concerning neglect, sexual or physical abuse, or exploitation, and
whose staff, which may include trained foster care alumni, are equipped to
provide such youth with guidance and reassurance related to reporting such
neglect, abuse, or exploitation, and are able to offer other supports
(including appropriate referrals for mental health or law enforcement services)
for such youth.
(II) Healthy
relationship training for youth.
(III) Efforts to
identify prior child sex abuse among children and youth brought to the
attention of the child welfare agency and to provide treatment and services,
including mental health treatment needed as a result of being trafficked, to
enable such children and youth to recover, including through support of
non-profit agencies, such as children’s advocacy centers, that provide
comprehensive treatment and services to child victims of sexual abuse.
(IV) Activities
related to identifying and preventing labor trafficking of children in foster
care.
(V) Treatment for
victims of trafficking and sexual abuse that recognizes the pervasiveness of
trauma and makes a commitment to identify and address it early, seeks to
understand the connection between presenting symptoms and behaviors and an
individual's past trauma history, and provides trauma-specific treatment that
is developmentally focused and specialized as needed to address complex
trauma-related consequences.
(iii)
Uses for
normalcy support funds
(I)
Required and
permissive uses
Funds made available from the normalcy support
amount of a State allotment made under this subsection for a fiscal year shall
be used for any or all of activities described in subclause (II) and any or all
of the costs described in subclause (III) and may be used for activities
described in subclause (IV).
(II)
Implementation
of the reasonable and prudent parent standard
Activities related
to implementation of the reasonable and prudent parent standard, including (but
not limited to) any of the following:
(aa) Recruitment of
foster parents and training for caseworkers on how to retain and support the
foster families assigned to them through the provision of an ongoing
relationship with those families.
(bb) Training for
foster parents on the reasonable and prudent parent standard.
(cc) Reviewing State
licensing standards and other State or local safety certifications or
provisions to ensure that such standards, certifications, and provisions do not
impede the ability of children in foster care to participate in age or
developmentally appropriate social, enrichment, and extracurricular
activities.
(dd) Removing
barriers to full application of the reasonable and prudent parenting standard
and to normalcy for children in foster care.
(ee) Developing a
list of age or developmentally appropriate activities and other information to
assist caregivers in the application of the reasonable and prudent parenting
standard.
(ff) Reviewing
liability provisions in the State to clarify the ability of caregivers to apply
the reasonable and prudent parenting standard while continuing to ensure their
accountability.
(gg) Training on
identification of prior sexual abuse, keeping children safe from sexual abuse,
and keeping children and youth safe from trafficking.
(III)
Participation
fees, transportation, and other normalcy-related costs
To pay
directly, or to reimburse, payment for any trips fees, uniforms, materials, or
costs associated with the participation of children in foster care, or, at the
discretion of the State, in kinship care or guardianship arrangements, in age
or developmentally appropriate activities, including entertainment or
recreational activities that are age or developmentally appropriate and typical
for children in the general public, to pay for costs associated with permitting
age or developmentally appropriate access of children in foster care to cell
phones and computers, and to pay for costs associated with providing
transportation for children in foster care to and from part-time
employment.
(IV)
Educational
stability
Activities related to complying with the requirements
of section 471(a)(30) and paragraphs (1)(G) and (4)(A) of section 475, as added
by section 204 of the Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110–351).
(iv)
Rule of
construction
Expenditures from the normalcy support amount of a
State allotment made under this subsection for a fiscal year that are described
in clause (iii)(II) shall not be considered to be expenditures for foster care
maintenance payments under this part.
(C)
Evaluation and
report on uses for exploitation prevention funds
The Secretary
shall conduct, by grant, contract, or interagency agreement, an evaluation of
the activities carried out with funds made available from the exploitation
prevention amount of State allotments made under this subsection and, not later
than October 1, 2018, shall submit a report to Congress that includes best
practices for the use of such funds.
(2)
Determination
of exploitation prevention amount
With respect to a State and a
fiscal year, the exploitation prevention amount is equal to the product of
$200,000,000 and the ratio of—
(A) the amount of the
allotment determined under subsection (a) for the State for the fiscal year
(without regard to any amounts reallotted to the State under subsection (e) for
the year); to
(B) the sum of the
allotments determined for all States for the fiscal year under subsection (a)
(as so determined).
(3)
Determination
of normalcy support amount
With respect to a State and a fiscal
year, the normalcy support amount is equal to the product of $200,000,000 and
the ratio of—
(A) the amount of the
allotment determined under subsection (a) for the State for the fiscal year
(without regard to any amounts reallotted to the State under subsection (e) for
the year); to
(B) the sum of the
allotments determined for all States for the fiscal year under subsection (a)
(as so determined).
(4)
Reallotment of
funds
The amount of any allotment made to a State for a fiscal
year under this subsection which the State certifies to the Secretary will not
be required for carrying out the purposes specified in paragraph (1)(B), shall
be reallotted to other States in the same manner as unused amounts of
allotments made under subsection (a) are reallotted under subsection (e).
Amounts reallotted to a State under this paragraph shall be deemed to be part
of the allotment made to the State under this subsection for a fiscal year and
only may be used to carry out the purposes specified in paragraph
(1)(B).
.
(C)
Payments to
states
Section 424 of the Social Security Act (42 U.S.C. 624) is
amended—
(i) in
subsection (a)—
(I) by striking
allotment and inserting allotments; and
(II) by striking
section 422 an and inserting section 422, and in
addition, from the allotment made under section 423(f), each State that has
such a plan shall be entitled to payment, of a total;
(ii) in
subsection (b)(2)—
(I) by striking
the allotment and inserting each of the
allotments; and
(II) by striking
amount each place it appears and inserting total
amount; and
(iii) in paragraphs
(1)(B) and (2)(B) of subsection (f), by striking subsection (a) for the
fiscal year each place it appears, and inserting the portion of
the payment made to a State for the fiscal year under this section that is
attributable to the allotment determined under section 423(a).
(D)
Payments to
indian tribal organizations
Section 428(b) of the Social Security
Act (42 U.S.C. 628(b)) is amended by inserting under subsection (a) or
(f) of before section 423.
(c)
Promoting safe
and stable families
(1)
Redirecting
funding
Section 436(a) of the Social Security Act (42 U.S.C.
629f(a)) is amended by striking 2016. and inserting 2014,
and $1,095,000,000 for each of fiscal years 2015 through 2016..
(2)
Required use of
portions of redirected funding
(A)
Inclusion of
residential family treatment programs, intensive family-finding, and prevention
of domestic violence in family preservation services
Section
431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended—
(i) in
paragraph (1)—
(I) in subparagraph
(E), by striking and after the semicolon;
(II) in subparagraph
(F), by striking the period at the end and inserting a semicolon; and
(III) by adding at
the end the following:
(G) residential
family treatment programs;
(H) intensive
family-finding efforts that utilize search technology developed by public or
private entities and coordinated efforts with public and private entities to
locate and reestablish relationships with biological family members or other
guardians for children in the child welfare system, and once identified, work
to reestablish those relationships and explore ways to find a permanent family
placement for the children;
(I) services designed
to identify and address domestic violence that endangers children and results
in the placement of children in foster
care.
;
and
(ii) by
adding at the end the following:
(10)
Residential
family treatment program
The term residential family
treatment program means a program that enables parents and their
children to live in a safe environment for a period of not less than 6 months
and provides, on-site or by referral, substance abuse treatment services,
children's early intervention services, family counseling, medical, and mental
health services, nursery and pre-school, and other services that are designed
to provide comprehensive treatment that supports the
family.
.
(B)
Reservation of
funds
Section 436(b) of the Social Security Act (42 U.S.C.
629f(b)) is amended by adding at the end the following:
(6)
Support for preserving intact families,
including through residential family treatment programs
(A)
Reservation
The
Secretary shall reserve $200,000,000 for each of fiscal years 2015 through 2016
for allotment in accordance with section 433(f).
(B)
Use of
funds
A State to which an amount is paid from amounts reserved
under subparagraph (A) shall use the amount to provide family preservation
services and shall use at least 10 percent of such amount for providing such
services through residential family treatment programs.
(7)
Post-permanency
services
(A)
Reservation
The
Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016
for allotment in accordance with section 433(f).
(B)
Use of
funds
A State to which an amount is paid from amounts reserved
under subparagraph (A) shall use the amount to provide post-permanency
services, including with respect to family reunification, guardianship, and
adoption.
(8)
Therapeutic
services
(A)
Reservation
The
Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016
for allotment in accordance with section 433(f).
(B)
Use of
funds
A State to which an amount is paid from amounts reserved
under subparagraph (A) shall use the amount to provide services to parents and
foster families that are similar to the services provided in therapeutic foster
care programs for parents and foster families.
(9)
Family
connection grants
The Secretary shall reserve $15,000,000 for
each of fiscal years 2015 through 2016 for awarding grants under section
427.
.
(C)
Conforming
amendment
Section 436(b)(3) of the Social Security Act (42 U.S.C.
629f(b)(3)) is amended by striking After applying and all that
follows through percent and inserting The Secretary shall
reserve $9,150,000.
(3)
Payment to
states
Section 434(a) of the Social Security Act (42 U.S.C.
629d(a)) is amended—
(A) in paragraph
(1)(B), by striking and after the semicolon;
(B) in paragraph
(2)(B), by striking the period at the end and inserting ; and;
and
(C) by adding at the
end the following:
(3) the lesser of
—
(A) 75 percent of the
total expenditures by the State in accordance with paragraphs (6)(B), (7)(B),
and (8)(B), respectively, of section 436(b) during the fiscal year or the
immediately succeeding fiscal year; or
(B) the allotment
amount of the State under section 433(f) for the fiscal
year.
.
(4)
Allotment
Section
433 of the Social Security Act (42 U.S.C. 629c) is amended by adding at the end
the following:
(f)
Allotment of funds reserved To support
preserving intact families, including through residential family treatment
programs
(1)
Territories
From
the amounts reserved pursuant to paragraphs (6), (7), and (8), respectively, of
section 436(b) for any fiscal year, the Secretary shall allot, separately with
respect to each such amount reserved, to each jurisdiction specified in
subsection (b) of this section, an amount determined in the same manner as the
allotment to each of such jurisdictions is determined under section 423
(without regard to the initial allotment of $70,000 to each State).
(2)
Other
states
From the amounts reserved pursuant to paragraphs (6), (7),
and (8), respectively, of section 436(b) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year, the Secretary
shall allot, separately with respect to each such amount reserved, to each
State (other than an Indian tribe) not specified in subsection (b) of this
section, an amount equal to such remaining amount multiplied by the
supplemental nutrition assistance program benefits percentage of the State (as
defined in subsection (c)(2) of this section) for the fiscal year, except that
in applying subsection (c)(2)(A) of this section, subsection
(f)(2) shall be substituted for such paragraph
(1).
.
(5)
State plan
requirements
Section 432(a) of the Social Security Act (42 U.S.C.
629b(a)) is amended—
(A) in paragraph (4),
by inserting (other than expenditures by the State from funds reserved
under paragraphs (6), (7), (8), and (9) respectively, of section 436(b)
after the remaining expenditures; and
(B) in paragraph
(8)(B)—
(i) in
clause (i), by inserting , and specifically the planned expenditures by
the State in accordance with paragraphs (6)(B), (7)(B), and (8)(B),
respectively, of section 436(b) before the semicolon; and
(ii) in
clause (ii), by inserting , and specifically with respect to the
services and programs for which funds are reserved under paragraphs (6), (7),
and (8), respectively, of section 436(b), after subpart
1.
(d)
Court
improvement program
(1)
Redirecting
funding
Section 436(b)(2) of the Social Security Act (42 U.S.C.
629f(b)(2)) is amended by striking $30,000,000 and inserting
$180,000,000.
(2)
Additional
responsibilities
Section 438(a) of the Social Security Act (42
U.S.C. 629h(a)) is amended—
(A) in paragraph
(1)(A), by inserting , including the requirements under section
471(a)(9)(C) relating to protecting children from domestic sex
trafficking) after E;
(B) in paragraph
(2)—
(i) in
subparagraph (A), by inserting , and to ensure collaboration between the
courts, child welfare agencies, law enforcement, Court Appointed Special
Advocates, and social service agencies in the identification, prevention, and
intervention of domestic sex trafficking of children after
concurrent planning;
(ii) by
redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E),
respectively; and
(iii) by inserting
after subparagraph (A), the following:
(B) to coordinate
between court, child welfare, law enforcement, and social service agencies with
respect to the recruitment, encouragement, and retention of foster and adoptive
parents, guardians and relative caregivers who are willing and able to meet the
reasonable and prudent parent standard;
(C) to ensure that
court processes encourage and facilitate participation in age or
developmentally appropriate activities by youth in foster care and enhance the
opportunities of such youth to make positive connections with their peers,
their siblings and with caring adults;
;
and
(C) in paragraph
(4)—
(i) in
subparagraph (A), by striking cases; and and inserting
cases, including on the reasonable and prudent parent standard for
caregivers and improved oversight of such cases where another planned permanent
living arrangement is the permanency plan;;
(ii) by
redesignating subparagraph (B) as subparagraph (C) and realigning the left
margin so as to align with paragraph (4); and
(iii) by inserting
after subparagraph (A), the following:
(B) to provide for the training of court,
child welfare, law enforcement, Court Appointed Special Advocates, and social
service agencies personnel on the identification, prevention, and intervention
of domestic sex trafficking;
and
.
(3)
Reservation of
funds
Section 438(c)(3)(A) of such Act (42 U.S.C. 629h(c)(3)(A))
is amended—
(A) in clause (i), by
striking $9,000,000 and inserting
$129,000,000;
(B) in clause (iii),
by striking $10,000,000 and inserting
$35,000,000; and
(C) in clause (iv),
by striking $1,000,000 and inserting
$6,000,000.
(4)
Implementation
assistance
Section 426 of such Act (42 U.S.C. 626) is
amended—
(A) in the section
heading, by inserting ; TECHNICAL ASSISTANCE; and
(B) by adding at the
end the following:
(d)
Implementation
of policies and procedures for protection of children from domestic sex
trafficking and other negative outcomes
Out of any money in the
Treasury not otherwise appropriated, there are appropriated to the Secretary
for fiscal year 2015, $49,000,000, to remain available until expended, for the
purpose of providing technical assistance to child welfare agencies, each
highest State court that receives funds under section 438, and law enforcement
agencies in implementing the requirements under section 471(a)(9)(C) (relating
to protecting children from domestic sex trafficking). The Secretary shall
consult with the Attorney General on the provision of technical assistance
under this
subsection.
.
(e)
Conforming
amendments
(1)
Title
XX
Title XX of such Act (42 U.S.C. 1397 et seq.) is
amended—
(A) in the title
heading, by striking BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES and inserting HEALTH PROFESSIONS DEMONSTRATIONS,
ENVIRONMENTAL HEALTH CONDITION DETECTION,;
(B) in the heading
for subtitle A, by striking Block Grants to States for Social Services
and inserting Health
Professions Demonstrations and Environmental Health Condition
Detection;
(C) by redesignating
sections 2005, 2008, and 2009 as sections 2001, 2002, and 2003
respectively;
(D) in section
2002(d)(2) (as redesignated by subparagraph (C)), by striking Section
2005(a) and inserting Section 2001(a); and
(E) in section
2003(f)(2) (as so redesignated), by striking Section 2005(a) and
inserting Section 2001(a).
(2)
TANF transfer
authority
(A)
In
general
Section 404(d) of the Social Security Act (42 U.S.C.
604(d)) is amended to read as follows:
(d)
Authority To use portion of grant for other
purposes
(1)
In
general
Subject to paragraph (2), a State may use not more than
30 percent of the amount of any grant made to the State under section 403(a)
for a fiscal year for any or all of the following:
(A) To develop,
strengthen, and carry out programs for the prevention, detection, assessment,
and treatment of, intervention in, investigation of, and response to elder
abuse, neglect, and exploitation under section 721 of the Older Americans Act
of 1965.
(B) To carry out a
State program pursuant to the Child Care and Development Block Grant Act of
1990.
(C) To provide
special services for persons with developmental or physical disabilities, or
persons with visual or auditory impairments, to maximize the potential of such
persons and to enable such persons to live in the least restrictive environment
possible. Such services may include personal and family counseling, respite
care, family supports, recreation, transportation, aid to assist with
independent functioning in the community, training in mobility, communication
skills, the use of special aids and appliances, and self-sufficiency skills.
Residential and medical services may be included only as an integral but
subordinate part of such services.
(2)
Applicable
rules
Any amount paid to a State under this part that is used to
carry out a program or special services specified in paragraph (1) shall not be
subject to the requirements of this part, but shall be subject to the
requirements that apply to Federal funds provided directly under the provision
of law to carry out the program, or, in the case of special services described
in paragraph (1)(C), in accordance with such reporting and other requirements
as the Secretary shall specify, and the expenditure of any amount so used shall
not be considered to be an expenditure under this
part.
.
(3)
Other
conforming amendments
(A) Section 422(b) of
the Social Security Act (42 U.S.C. 622(b)) is amended—
(i) in
paragraph (1)(A)—
(I) by striking
administers or supervises and inserting administered or
supervised; and
(II) by striking
subtitle 1 of title XX and inserting subtitle A of title
XX (as in effect before the repeal of such subtitle); and
(ii) in paragraph (2),
by striking under subtitle 1 of title XX,.
(B) Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)) is amended—
(i) in
paragraph (4), by striking , under subtitle 1 of title XX of this
Act,; and
(ii) in paragraph (8),
by striking XIX, or XX and inserting or
XIX.
(C) Section
472(h)(1) of such Act (42 U.S.C. 672(h)(1)) is amended by striking the second
sentence.
(D) Section 473(b) of
the Social Security Act (42 U.S.C. 673(b)) is amended—
(i) in
paragraph (1), by striking (3) and inserting
(2);
(ii) in
paragraph (4), by striking paragraphs (1) and (2) and inserting
paragraph (1); and
(iii) by striking
paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and
(3), respectively.
(E) Section 1128(h) of
the Social Security Act (42 U.S.C. 1320a–7(h)) is
amended—
(i) by
adding or at the end of paragraph (2); and
(ii) by striking
paragraph (3) and redesignating paragraph (4) as paragraph (3).
(F) Section
1128A(i)(1) of such Act (42 U.S.C. 1320a–7a(i)(1)) is amended by striking
or subtitle 1 of title XX of this Act.
(G) Section 1132(a)(1)
of the Social Security Act (42 U.S.C. 1320b–2(a)(1)) is
amended by striking XIX, or XX and inserting or
XIX.
(H) Section
1902(e)(13)(F)(iii) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is
amended—
(i) by
striking Exclusions and inserting
Exclusion; and
(ii) by striking
an agency that determines eligibility for a program established under
the Social Services Block Grant established under title XX or.
(I) Section
16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(k)(5)(B)(i)) is amended by striking , or title
XX,.
(J) Section 402(b)(3)
of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C.
1612(b)(3)) is amended by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
(K) Section 245A(h)(4)(I) of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1255a(h)(4)(I)) is amended
by striking , XVI, and XX and inserting and
XVI.
(L) Section 17 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—
(i) in
subsection (a)(2)—
(I) in subparagraph
(B)—
(aa) by
striking — and all that follows through
(i);
(bb) by
striking or at the end of clause (i); and
(cc) by
striking clause (ii); and
(II) in subparagraph
(D)(ii), by striking or title XX; and
(ii) in
subsection (o)(2)(B)—
(I) by striking
or title XX each place it appears; and
(II) by striking
or XX.
(M) Section 201(b) of
the Indian Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amended by
striking titles IV–B and XX each place it appears and inserting
part B of title IV.
(N) Section
3803(c)(2)(C) of title 31, United States Code, is amended by
striking clause (vi) and redesignating clauses (vii) through (xvi) as clauses
(vi) through (xv), respectively.
(O) Section
14502(d)(3) of title 40, United States Code, is amended—
(i) by
striking and title XX; and
(ii) by
striking , 1397 et seq..
(P) Section
2006(a)(15) of the Public Health Service Act (42 U.S.C. 300z–5(a)(15)) is
amended by striking and title XX.
(Q) Section 203(b)(3)
of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by
striking XIX, and XX and inserting and
XIX.
(R) Section 213 of the
Older Americans Act of 1965 (42 U.S.C. 3020d) is amended by
striking or title XX.
(S) Section 306(d) of
the Older Americans Act of 1965 (42 U.S.C. 3026(d)) is amended in
each of paragraphs (1) and (2) by striking titles XIX and XX and
inserting title XIX.
(T) Section 2605 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is
amended in each of subsections (b)(4) and (j) by striking under title XX
of the Social Security Act,.
(U) Section 602 of the
Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901)
is repealed.
(V) Section 3(d)(1) of
the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C.
14402(d)(1)) is amended by striking subparagraph (C) and
redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J),
respectively.
(f)
Effective
date
The repeals and amendments made by this section take effect
on October 1, 2014.
106.
Nonapplication
of cost allocation requirements for State expenditures related to identifying
and screening youth at risk of sex trafficking and other negative outcomes and
supporting normalcy
(a)
In
general
Section 474 of the
Social Security Act (42 U.S.C. 674), as amended by section 104(b), is amended
by adding at the end the following:
(i)
Elimination of
cost allocation requirements for expenditures related to identifying and
screening youth at risk of sex trafficking and other negative outcomes and
supporting normalcy
(1)
In
general
The Secretary shall treat as necessary for the proper and
efficient administration of the State plan all expenditures submitted by a
State under subparagraphs (A) and (B) of subsection (a)(3) for training related
to the requirements described in paragraph (2), and all expenditures submitted
by a State under subsection (a)(3)(E) for activities related to the development
and implementation of requirements described in paragraph (2), without regard
to whether individuals participating in such activities include individuals
providing care or services for children for whom assistance may be provided
under this part.
(2)
Requirements
The
requirements described in this paragraph are the following:
(A) The requirements
of paragraph (9)(C) of section 471(a) (relating to identifying and screening
youth at risk for sex trafficking).
(B) The reasonable
and prudent parent standard, as defined in section 475(9) and implemented under
paragraphs (10) and (24) of section 471(a).
(C) The requirements
of section 477(b)(3)(D) (related to training on youth development to help
caregivers and caseworkers understand and address issues confronting youth
preparing for a successful transition to
adulthood).
.
(b)
Effective
date
The amendment made by subsection (a) takes effect on October
1, 2014.
107.
Information on
children in foster care placed in child care institutions or other settings
that are not a foster family home in annual reports using AFCARS data;
consultation
(a)
In
general
Section 479A of the
Social Security Act (42 U.S.C. 679b) is amended—
(1) by striking
The Secretary and inserting the following:
(a)
In
general
The
Secretary
;
(2) in paragraph (5),
by striking and after the semicolon;
(3) in paragraph
(6)(C), by striking the period at the end and inserting a semicolon; and
(4) by adding at the
end the following:
(7) include in the
report submitted pursuant to paragraph 5 for fiscal year 2015 or any succeeding
fiscal year, State-by State data on children in foster care who have been
placed in a child care institution or other setting that is not a foster family
home, including—
(A) the number of
children in such placements and their ages, including separately, the number
and ages of children who have a permanency plan of another planned permanent
living arrangement;
(B) the duration of
the placement in such settings (including for children who have a permanency
plan of another planned permanent living arrangement);
(C) the types of
child care institutions used (including, but not limited to, group homes,
residential treatment, shelters, or other congregate care settings);
(D) with respect to
each child care institution or other setting that is not a foster family home,
the number of children in foster care residing in each such institution or
non-foster family home; and
(E) any clinically
diagnosed special need of such children; and
(8) include in the
report submitted pursuant to paragraph 5 for fiscal year 2015 or any succeeding
fiscal year, State-by-State data on children in foster care who are pregnant or
parenting teens.
;
and
(5) by adding at the
end the following:
(b)
Consultation on
other issues
The Secretary shall consult with States and
organizations with an interest in child welfare, including organizations that
provide adoption and foster care services, and shall take into account requests
from Members of Congress, in selecting other issues to be analyzed and reported
on under this section using data available to the Secretary, including data
reported by States through the Adoption and Foster Care Analysis and Reporting
System and to the National Youth in Transition
Database.
.
(b)
GAO report on
shelter care placements
The Comptroller General of the United
States shall review State placements of children at risk for foster care
placement and of children in foster care in emergency and non-emergency shelter
care, and, not later than 1 year after the date of enactment of this Act,
submit a report to Congress that includes the following:
(1) Information
relating to the prevalence of such placements.
(2) The Federal and
State expenditures for such placements for the most recent year for which data
is available.
(3) Information
relating to the length of placements in shelter care.
(4) With respect to
children for whom shelter care is the initial placement for the child, an
analysis of the effect of that placement on the permanency outcomes for such
children.
(5) Such additional
information, including recommendations for administrative or legislative
action, as the Comptroller General determines appropriate.
II
Empowering older
youth vulnerable to domestic sex trafficking and other negative
outcomes
201.
Empowering
foster youth age 14 and older in the development of their own case plan and
transition planning for a successful adulthood
(a)
In
general
Section 475(1)(B) of
the Social Security Act (42 U.S.C. 675(1)(B)) is amended by adding at the end
the following: With respect to a child who has attained age 14, the plan
developed under this paragraph for the child, the permanency plan required for
the child under paragraph (5)(C), and any revisions or additions to such plans,
shall be developed in consultation with the child and, at the option of the
child, with up to 2 members of the case planning team who are chosen by the
child and who are not the child's foster parent or caseworker. A State may
reject an individual selected by a child to be a member of the case planning
team at any time if the State has good cause to believe that the individual
would not act in the best interests of the child. One individual selected by a
child to be a member of the child's case planning team may be designated to be
the child's advisor and, as necessary, advocate, with respect to the
application of the reasonable and prudent parent standard to the
child..
(b)
Conforming
amendments To include youth 14 and older in transition planning
Section 475 of such Act (42 U.S.C. 675) is
amended—
(1) in paragraph (1)(D), by striking
Where appropriate, for a child age 16 and inserting For a
child age 14; and
(2) in paragraph
(5)—
(A) in subparagraph
(C), by striking 16 and inserting 14; and
(B) in subparagraph
(I), by striking 16 and inserting 14.
(c)
Transition
planning for a successful adulthood
Paragraphs (1)(D), (5)(C)(i),
and (5)(C)(iii) of section 475 of such Act (42 U.S.C. 675) are each amended by
striking independent living and inserting a successful
adulthood.
(d)
List of
rights
Section 475A of the Social Security Act, as added by
section 103(b)(1), is amended by adding at the end the following new
subsection:
(b)
List of
rights
The case plan for any child in foster care under the
responsibility of the State or with respect to whom adoption or kinship
guardianship, assistance is made available under this part, who has attained
age 14 shall include a written document that describes the child's rights with
respect to education, health, visitation, and court participation, and to
staying safe and avoiding exploitation and a signed acknowledgment by the child
that the child has been provided them with a written copy of such
document.
.
(e)
Report
Not
later than 2 years after the date of enactment of this Act, the Secretary of
Health and Human Services shall submit a report to Congress regarding the
implementation of the amendments made by this section. The report shall
include—
(1) an analysis of
how States are administering the requirement of section 475(1)(B) of the Social
Security Act, as amended by subsection (a) of this Act, to permit a child in
foster care who has attained age 14 to select up to 2 members of the child's
case planning team from individuals who are not the child's foster parent or
caseworker; and
(2) a description of
best practices of States with respect to the administration of such
requirement.
202.
Ensuring
foster youth have a birth certificate, Social Security card, and a bank
account
(a)
Case review
system requirement
Section
475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) is amended—
(1) by striking and receives
assistance and inserting receives assistance; and
(2) by inserting
before the period, the following: and is not discharged from care
without being provided with an official birth certificate, a social security
card issued by the Commissioner of Social Security, and a fee-free (or low-fee)
transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve
Act (12 U.S.C. 461(b)(1)(C))) established in the child's name at an insured
depository institution (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12 U.S.C. 1752)), unless the
child, after consultation with the child's selected members of the child's case
planning team (if any), elects to not have such an account
established.
(b)
Penalty for
noncompliance
Section 474 of the Social Security Act (42 U.S.C.
674), as amended by sections 104(b) and 106(a), is amended by adding at the end
the following:
(j)
Reduced federal
matching percentage for administration for failure To ensure foster youth have
a birth certificate, social security card, and a bank account
If
the Secretary finds with respect to a fiscal year quarter that a State has
failed to comply with the requirement under section 475(5)(I) to provide each
child in foster care under the responsibility of the State with an official
birth certificate, a social security card issued by the Commissioner of Social
Security, and a fee-free (or low-fee) transaction account (as defined in
section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C)))
established in the child's name at an insured depository institution (as
defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or
an insured credit union (as defined in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752)) before the child is discharged from such care, (unless
the child elects, after consultation with the child's selected members of the
child's case planning team (if any), to not have such an account established)
then, notwithstanding subsection (a) of this section and any regulations
promulgated under section 1123A(b)(3), the Secretary shall reduce the Federal
matching percentage for expenditures described in subsection (a)(3)(E) for the
succeeding fiscal year quarter by 1 percentage point for every multiple of 10
children for whom the Secretary determines the State failed to comply with such
requirements (but not to exceed 25 percentage
points).
.
(c)
Effective
date
The amendments made by this section take effect on October
1, 2015.
203.
Education
improvements for older youth
(a)
Expanding and
clarifying the use of education and training vouchers
(1)
In
general
Section 477(i)(3) of the Social Security Act (42 U.S.C.
677(i)(3)) is amended—
(A) by striking
on the date and all that follows through 23 and
inserting to remain eligible until they attain 26; and
(B) by inserting
, but in no event may a youth participate in such program for more than
5 years (whether or not such years are consecutive) before the
period.
(2)
Conforming
amendments
Section 477(i) of such Act (42 U.S.C. 677(i)), as
amended by paragraph (1), is amended—
(A) in paragraph (1),
by inserting who have attained age 16 before the period;
(B) by striking
paragraphs (2) and (6); and
(C) by redesignating
paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(3)
Effective
date
The amendments made by this subsection take effect on
October 1, 2014.
(b)
Promoting
awareness of Federal financial aid and other post-Secondary supports or
services for youth in, or formerly in, foster care
(1)
Information
clearinghouse
(A)
In
general
The Secretary of Health and Human Services and the
Secretary of Education (in this subsection referred to as the
Secretaries) shall jointly develop and administer an information
clearinghouse that contains the information described in subparagraph (B)
relating to youth in foster care under the responsibility of a State, youth for
whom adoption assistance payments or kinship guardianship assistance payments
are made under section 473 of the Social Security Act (42 U.S.C. 673), and
youth who were formerly in foster care and shall engage in outreach activities
to make such youth aware of the such information.
(B)
Information
described
The clearinghouse established under this subsection
shall provide information on the following:
(i) Federal financial
aid available for youth described in subparagraph (A).
(ii) Any special
Federal financial aid rules that may apply to such youth, including treatment
as an independent student in accordance with section 480(d)(1)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(B)).
(iii) The Free
Application for Federal Student Aid (FAFSA), including questions and provisions
specific to such youth.
(iv) Any Federal
post-secondary education supports or services available to such youth,
including through the Federal TRIO programs under chapter 1 of subpart 2 of
part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et
seq.) and demonstration projects provided with support or assistance from the
Fund for the Improvement of Postsecondary Education established under section
741 of such Act (20 U.S.C. 1138).
(v) The
vouchers available for education and training under the John H. Chafee Foster
Care Independence Program in accordance with section 477(i) of the Social
Security Act (42 U.S.C. 677(i)).
(vi) Such additional
information as the Secretaries determine appropriate.
(C)
Implementation
The
information clearinghouse required under subparagraph (A) shall be established
and accessible by the public not later than the date that is 6 months after the
date of enactment of this Act. The Secretaries shall collaborate with respect
to the collection and dissemination of information in the clearinghouse to the
public and shall regularly update such information.
(D)
Funding
There
is appropriated to carry out this paragraph, $1,000,000 for fiscal year 2015
and each fiscal year thereafter, to remain available until expended.
(2)
Title IV–E
state plan amendment
Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended—
(A) in paragraph
(32), by striking and after the semicolon;
(B) in paragraph
(33), by striking the period at the end and inserting ; and;
and
(C) by inserting
after paragraph (33), the following:
(34) provides that
the State agency regularly shall provide children in foster care under the
responsibility of the State, children for whom adoption assistance payments or
kinship guardianship assistance payments are made under section 473, and
children who were formerly in foster care with notice of, and access to, the
information clearinghouse of Federal financial aid and other post-secondary
supports or services for former foster youth established under section 203(b)
of the Improving Outcomes for Youth At Risk
for Sex Trafficking Act of
2013.
.
204.
Increased
funding for housing assistance for victims of sex trafficking and other youth
and additional changes to support successful transitions to adulthood through
the John H. Chafee Foster Care Program
(a)
Housing
assistance for victims of sex trafficking and other youth
Section
477(a)(5) of the Social Security Act (42 U.S.C. 677(a)(5)) is amended to read
as follows:
(5)
(A) to provide financial, housing, counseling,
employment, education, and other appropriate support and services to former
foster care recipients between 16 and 26 years of age so that those individuals
can take on increasing and age or developmentally appropriate responsibilities
and have the ability to form and maintain appropriate and healthy
relationships; and
(B) to
provide housing assistance to youth who have aged out of foster care, who have
not attained age 26, and who are pregnant, parenting, or a victim of sex
trafficking (as defined in section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10))) or a severe form of trafficking in
persons described in paragraph (9)(A) of that Act (22 U.S.C. 7102(9)(A)) or are
at risk of being a victim of either kind of
trafficking;
.
(b)
Funding
(1)
In
general
Section 477 of the
Social Security Act (42 U.S.C. 677) is amended by adding at the end the
following:
(k)
Funding for
housing assistance for victims of sex trafficking and other youth and for
education and training vouchers
In addition to any other amounts
made available under subsection (h) to carry out this section, there are
appropriated for each fiscal year—
(1) for payments
under section 474(a)(4), $440,000,000, which shall be available only to carry
out the purposes described in subsection (a)(5)(B) and allotted to States in
accordance with subsection (c)(5); and
(2) for payments
under section 474(e), $60,000,000, which shall be allotted to States under
subsection (c)(3) for education and training vouchers for youth who age out of
foster care in the same manner as amounts appropriated pursuant to subsection
(h)(2) are allotted to States for such
vouchers.
.
(2)
State
allotments
(A)
In
general
Section 477(c) of such Act (42 U.S.C. 677(c)) is
amended—
(i) in
paragraph (3)—
(I) by inserting
and the amount appropriated under subsection (k)(2) for a fiscal
year after subsection (h)(2) for a fiscal year;
and
(II) by striking
multiplied by the amount and inserting multiplied by the
sum of the amounts; and
(ii) by
adding at the end the following:
(5)
Housing
assistance allotment
In addition to other amounts allotted to
States under this subsection, the Secretary shall determine a methodology for
allotting the amounts made available under subsection (k)(1) for carrying out
the purposes described in subsection (a)(5)(B) to those States that satisfy the
requirements of subparagraphs (F) and (J)(iii) of subsection
(b)(3).
.
(B)
Conforming
amendment
Section 477(b)(3)(B) of such Act (42 U.S.C.
677(b)(3)(B)) is amended by inserting paragraphs (1) and (3) of
before subsection (c).
(3)
Payments to
states
Section 474 of such Act (42 U.S.C. 674) is amended—
(A) in subsection
(a)(4)(A)(ii), by striking section 477(c)(1) and inserting
paragraphs (1) and (5) of section 477(c); and
(B) in subsection
(e)—
(i) in
the subsection heading, by striking Discretionary; and
(ii) in
the matter preceding paragraph (1), by inserting (and from amounts
appropriated under section 477(k)(2), the Secretary shall make a grant to a
State with a plan approved under this part) after may make a
grant to a State with a plan approved under this part.
(4)
Demonstration
of program coordination
Section 477(b)(3) of such Act (42 U.S.C.
677(b)(3)) is amended—
(A) in subparagraph
(F)—
(i) by
striking the State will make every effort and inserting
demonstrates the efforts made by the State; and
(ii) by striking
part B of title III of the Juvenile Justice and Delinquency Prevention
Act of 1974) and inserting the Runaway and Homeless Youth Act),
giving priority to programs with demonstrated success in serving transition
aged at-risk youth, tenant-based assistance provided under the family
unification program under section 8(x)(2)(B) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(x)(2)(B)), benefits or assistance provided under the
temporary assistance for needy families program funded under part A of this
title, the low-income housing credit for units occupied by students described
in section 42(i)(3)(D) of the Internal Revenue Code of 1986, the programs under
chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a–11 et seq.),; and
(B) in subparagraph
(J)—
(i) in clause (i), by
striking and after the semicolon;
(ii) in clause (ii),
by striking the period at the end and inserting ; and;
and
(iii) by adding at
the end the following:
(iii) to ensure that
the program is coordinated with other appropriate education and training
programs, including the programs under chapter 1 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et
seq.).
.
(c)
Other
improvements
Section 477 of
the Social Security Act (42 U.S.C. 677), as amended by subsections (a) and (b),
is amended—
(1) in the section heading, by striking
Independence and inserting
Successful Transition to
Adulthood;
(2) in subsection
(a)—
(A) in paragraph (1),
by striking identify and all that follows through the semicolon,
and inserting support all youth that have experienced foster care and
who are age 16 or older in their transition to adulthood;;
(B) in paragraph (2),
by striking who are likely and all that follows through the
semicolon, and inserting who experience foster care and are age 16 or
older achieve meaningful, permanent connections with a caring
adult;;
(C) in paragraph (3),
by striking who are likely and all that follows through the
semicolon, and inserting that experience foster care and who are age 16
and older engage in age or developmentally appropriate activities, positive
youth development, and experiential learning that reflects what their peers in
intact families experience;;
(D) in paragraph (6),
by striking , to youths who have aged out of foster care;
and
(E) in paragraph (7),
by inserting (other than assistance described in paragraph
(5)(B)) after subsection;
(3) in subsection
(b)—
(A) in paragraph
(2)(D), by striking adolescents and inserting
youth; and
(B) in paragraph
(3)—
(i) in
subparagraph (A), by striking 21 and inserting
26;
(ii) in
subparagraph (B), by striking 21 and inserting
26;
(iii) in subparagraph
(D)—
(I) by inserting
on youth development after to provide training;
and
(II) by striking
adolescents preparing for independent living and all that
follows through the period and inserting youth preparing for a
successful transition to adulthood and a permanent connection with a caring
adult.;
(iv) in
subparagraph (H), by striking adolescents each place it appears
and inserting youth; and
(v) in
subparagraph (K)—
(I) by striking
an adolescent and inserting a youth; and
(II) by striking
the adolescent each place it appears and inserting the
youth; and
(4) in subsection
(f), by striking paragraph (2) and inserting the following:
(2)
Report to
congress
Not later than 12 months after the date of enactment of
the Improving Outcomes for Youth At Risk for
Sex Trafficking Act of 2013, 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 on the National Youth in Transition Database
and any other databases in which States report outcome measures relating to
children in foster care and children who have aged out of foster care or left
foster care for kinship guardianship or adoption. The report shall include the
following:
(A) A description of
the reasons for entry into foster care and of the foster care experiences, such
as length of stay, number of placement settings, and case goal, of 17-year-olds
who are surveyed by the National Youth in Transition Database and an analysis
of the comparison of that description with the reasons for entry and foster
care experiences of children who exit from foster care before attaining age
17.
(B) A description of
the characteristics of the individuals who report poor outcomes at ages 19 and
21 to the National Youth in Transition Database.
(C) An analysis of
the comparison of outcomes for youth who are surveyed by the National Youth in
Transition Database with the outcomes for youth of the same age in the general
population, particularly with respect to the how well youth who remain in
foster care fare relative to their peers, and with respect to identifying
benchmarks for determining what constitutes a poor outcome for youth who remain
in foster care.
(D) An analysis of
the association between types of placement, number of overall placements, time
spent in foster care, and other factors, and outcomes at ages 19 and 21.
(E) An analysis of
the differences in outcomes for children in foster care at age 19 and 21 among
States, and of the extent to which improved outcomes are being achieved in
States that have elected a higher eligibility age for foster care under section
475(8)(B)(iii).
.
(d)
Collection and
dissemination of housing assistance best practices
(1)
Requirement to
collect best practices
The Secretary of Health and Human Services
shall collect and make publicly available information regarding best practices
for providing housing assistance for youth who have aged out of foster care and
for youth who are pregnant, parenting, victims of sex trafficking, or are at
risk of being victims of sex trafficking.
(2)
Regulations
The
Secretary shall solicit comments from States on the best practices collected
and made publicly available under paragraph (1) and not later than 1 year after
the date on which such best practices are first made publicly available, issue
regulations based on such best practices and State comments.
(3)
Definition of
sex trafficking
In this subsection, the term sex
trafficking has the meaning given that term in section 103(10) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and includes a
severe form of trafficking in persons described in paragraph (9)(A) of that Act
(22 U.S.C. 7102(9)(A)).
205.
Authority for
monthly caseworker visits to occur electronically for foster youth age 18 or
older
(a)
In
general
Section 422(a)(17) of the Social Security Act (42 U.S.C.
622(a)(17)) is amended by inserting (which, if the child has attained
age 18, may occur by telephone or using a voice over Internet Protocol)
after on a monthly basis.
(b)
Effective
date
The amendment made by this section takes effect on the date
of enactment of this Act.
III
Miscellaneous
301.
Pilot program
to support placement stability for children in therapeutic foster care
(a)
In
general
Section 472 of the Social Security Act (42 U.S.C. 672) is
amended by adding at the end the following:
(j)
Pilot program
To support placement stability for children in therapeutic foster care
(1)
Authority
The
Secretary shall conduct a pilot program under which, in the case of a child who
is in a foster family home, for whom monthly foster care maintenance payments
are made under this section, or on whose behalf adoption assistance payments or
kinship guardianship assistance payments are being made under section 473, and
who is receiving therapeutic foster care, a State shall be authorized to divide
the monthly foster care maintenance payment, adoption assistance payment, or
kinship guardianship assistance payment (as the case may be) in such portions
as the State, in consultation with the Secretary, may elect, and to pay such
portions to the child's foster or adoptive parent or parents, or relative
guardian, and the therapeutic foster care program, respectively.
(2)
Participants
(A)
In
general
Not more than 10 States shall be approved to participate
in the pilot program established under this subsection.
(B)
Tribal
programs
An Indian tribe, tribal organization, or tribal
consortium with a plan approved under section 479B may be approved to
participate in the program and if so approved, shall count towards the State
participation limit in subparagraph (A).
(3)
Reports
The
Secretary shall submit annual reports to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate on the
pilot project established under this section. Each report submitted shall
include an analysis of the extent to which the pilot program encourages
placement stability for children in therapeutic foster care, together with such
other information and recommendations as the Secretary determines
appropriate.
.
302.
Presidential
award for excellence in the field of child welfare
(a)
In
general
The President, in consultation with the Secretary of
Health and Human Services, may make Presidential awards to individuals
contributing to excellence in the field of child welfare, including child
welfare case workers, child welfare advocates, foster parents, and foster
youth.
(b)
Nominations
The
Governor of each State, in consultation with youth representatives and
representatives of youth advocacy boards, shall nominate 2 individuals each
year for the award established in subsection (a). At least one of the nominees
for a year shall be a child welfare case worker. A nominee shall not be a
previous recipient of an award under this section.
(c)
Selection
In
any year, not more than 30 awards may be made under this section.
(d)
Presentation
The
President, or his designee, shall present the awards at an appropriate ceremony
in Washington, DC.
303.
Determination
of budgetary effects
The
budgetary effects of this Act, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
statement titled Budgetary Effects of PAYGO Legislation for this
Act, submitted for printing in the Congressional Record by the Chairman of the
Senate Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
304.
Extension of
effective date for State law amendment
In the case of a State plan approved under
part B or 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 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 ends after the 1-year period beginning with the
date of enactment of this Act. For purposes of the preceding sentence, in the
case of a State that has a 2-year legislative session, each year of the session
is deemed to be a separate regular session of the State legislature.