,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gidg ,,in ,,the ,,house ,,of ,,representatives ,august #g1 #bjbj ,mr4 ,danny ,k4 ,davis of ,illinois 7for himself and ,mrs4 ,walorski7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide additional temporary supports and flexibilities for older foster youth1 grandparents1 and other kinship families1 home visiting for pregnant and parenting families1 and other child welfare services1 during the ,,covid-#ai pandemic4 #a4 ,short title ,this ,act may be cited as the ,supporting ,foster ,youth and ,families through the ,pandemic ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act1 entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus4 7#b7 ,,covid-#ai public health emergency period ,the term ,,covid-#ai public health emergency period means the period beginning on ,april #a1 #bjbj1 and ending with ,september #cj1 #bjba4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 #c4 ,continued safe operation of child welfare programs and support for older foster youth 7a7 ,funding increases 7#a7 ,increase in support for ,chafee programs ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated #djj1jjj1jjj for fiscal year #bjbj1 to carry out section #dgg of the ,social ,security ,act1 in addition to any amounts otherwise made available for such purpose4 7#b7 ,education and training vouchers ,of the amount made available by reason of paragraph 7#a7 of this subsection1 not less than #ej1jjj1jjj shall be reserved for the provision of vouchers pursuant to section #dgg7;h77#b7 of the ,social ,security ,act4 7#c7 ,inapplicability of ,state matching requirement to additional funds ,in making payments under subsections 7a77#d7 and 7e77#a7 of section #dgd of the ,social ,security ,act from the additional funds made available as a result of paragraphs 7#a7 and 7#b7 of this subsection1 the percentages specified in subsections 7a77#d77;,a77i7 and 7e77#a7 of such section are1 respectively1 deemed to be #ajj percent4 7#d7 ,maximum award amount ,the dollar amount specified in section #dgg7;i77#d77;,b7 of the ,social ,security ,act through the end of fiscal year #bjba is deemed to be #ab1jjj4 7#e7 ,inapplicability of nytd penalty to additional funds ,in calculating any penalty under section #dgg7;e77#b7 of the ,social ,security ,act with respect to the ,national ,youth in ,transition ,database 7,,nytd7 for the ,,covid-#ai public health emergency period1 none of the additional funds made available by reason of paragraphs 7#a7 and 7#b7 of this subsection shall be considered to be part of an allotment to a ,state under section #dgg7;c7 of such ,act4 7b7 ,maximum age limitation on eligibility for assistance ,during fiscal years #bjbj and #bjba1 a child may be eligible for services and assistance under section #dgg of the ,social ,security ,act until the child attains #bg years of age1 notwithstanding any contrary certification made under such section4 7c7 ,special rule ,with respect to funds made available by reason of subsection 7a7 that are used during the ,,covid-#ai public health emergency period to support activities due to the ,,covid-#ai pandemic1 the ,secretary may not require any ,state to provide proof of a direct connection to the pandemic if doing so would be administratively burdensome or would otherwise delay or impede the ability of the ,state to serve foster youth4 7d7 ,programmatic flexibilities ,during the ,,covid-#ai public health emergency period3 7#a7 ,suspension of certain requirements under the education and training voucher program ,the ,secretary shall allow a ,state to waive the applicability of the requirement in section #dgg7;i77#c7 of the ,social ,security ,act that a youth must be enrolled in a postsecondary education or training program or making satisfactory progress toward completion of that program if a youth is unable to do so due to the ,,covid-#ai public health emergency4 7#b7 ,authority to use vouchers to maintain training and postsecondary education ,a voucher provided under a ,state educational and training voucher program under section #dgg7;i7 of the ,social ,security ,act may be used for maintaining training and postsecondary education1 including less than full-time matriculation costs or other expenses that are not part of the cost of attendance but would help support youth in remaining enrolled as described in paragraph 7#a7 of this subsection4 7#c7 ,authority to waive limitations on percentage of funds used for housing assistance and eligibility for such assistance ,notwithstanding section #dgg7;b77#c77;,b7 of the ,social ,security ,act1 a ,state may use-- 7,a7 more than #cj percent of the amounts paid to the ,state from its allotment under section #dgg7;c77#a7 of such ,act for a fiscal year1 for room or board payments2 and 7,b7 any of such amounts for youth otherwise eligible for services under section #dgg of such ,act who-- 7i7 have attained #ah years of age and not #bg years of age2 and 7ii7 experienced foster care at #ad years of age or older4 #d4 ,preventing aging out of foster care during the pandemic 7a7 ,addressing foster care age restrictions during the pandemic ,a ,state operating a program under part ,e of title ,,iv of the ,social ,security ,act may not require a child who is in foster care under the responsibility of the ,state to leave foster care solely by reason of the child's age4 ,a child may not be found ineligible for foster care maintenance payments under section #dgb of such ,act solely due to the age of the child or the failure of the child to meet a condition of section #dge7h77;,b77iv7 of such ,act before ,october #a1 #bjba4 7b7 ,re-,entry to foster care for youth who age out during the pandemic ,a ,state operating a program under the ,state plan approved under part ,e of title ,,iv of the ,social ,security ,act 7and without regard to whether the ,state has exercised the option provided by section #dge7h77;,b7 of such ,act to extend assistance under such part to older children7 shall-- 7#a7 permit any youth who left foster care due to age during the ,,covid-#ai public health emergency to voluntarily re-enter foster care2 7#b7 provide to each such youth who was formally discharged from foster care during the ,,covid-#ai public health emergency1 a notice designed to make the youth aware of the option to return to foster care2 7#c7 facilitate the voluntary return of any such youth to foster care2 and 7#d7 conduct a public awareness campaign about the option to voluntarily re-enter foster care for youth who have not attained #bb years of age1 who aged out of foster care in fiscal year #bjbj or fiscal year #bjba1 and who are otherwise eligible to return to foster care4 7c7 ,protections for youth in foster care ,a ,state operating a program under the ,state plan approved under part ,e of title ,,iv of the ,social ,security ,act shall-- 7#a7 continue to ensure that the safety1 permanence1 and well-being needs of older foster youth1 including youth who remain in foster care and youth who age out of foster care during that period but who re-enter foster care pursuant to this section1 are met2 and 7#b7 work with any youth who remains in foster care after attaining #ah years of age 7or such greater age as the ,state may have elected under section #dge7h77;,b77iii7 of such ,act7 to develop1 or review and revise1 a transition plan consistent with the plan referred to in section #dge7e77;,h7 of such ,act1 and assist the youth with identifying adults who can offer meaningful1 permanent connections4 7d7 ,authority ,to use additional funding for certain costs incurred ,to prevent aging out of1 facilitating re-,entry to1 and protecting youth in care during the pandemic 7#a7 ,in general ,subject to paragraph 7#b7 of this subsection1 a ,state to which additional funds are made available as a result of section #c7;a7 may use the funds to meet any costs incurred in complying with subsections 7a71 7b71 and 7c7 of this section4 7#b7 ,restrictions 7,a7 ,the costs referred to in paragraph 7#a7 must be incurred after the date of the enactment of this section and before ,october #a1 #bjba4 7,b7 ,the costs of complying with subsection 7a7 or 7c7 of this section must not be incurred on behalf of children eligible for foster care maintenance payments under section #dgb of the ,social ,security ,act1 including youth who have attained #ah years of age who are eligible for the payments by reason of the temporary waiver of the age requirement or the conditions of section #dge7h77;,b77iv7 of such ,act4 7,c7 ,a ,state shall make reasonable efforts to ensure that eligibility for foster care maintenance payments under section #dgb of the ,social ,security ,act is determined when a youth remains in1 or re-enters1 foster care as a result of the ,state complying with subsections 7a7 and 7c7 of this section4 7,d7 ,a child who re-enters care during the ,,covid-#ai public health emergency period may not be found ineligible for foster care maintenance payments under section #dgb of the ,social ,security ,act solely due to age or the requirements of section #dge7h77;,b77iv7 of such ,act before ,october #a1 #bjba4 7e7 ,termination of certain provisions ,the preceding provisions of this section shall have no force or effect after ,september #cj1 #bjba4 #e4 ,family ,first ,prevention ,services ,program pandemic flexibility ,during the ,,covid-#ai public health emergency period1 each percentage specified in subparagraphs 7,a77i7 and 7,b7 of section #dgd7;a77#f7 of the ,social ,security ,act is deemed to be #ajj percent4 #f4 ,emergency funding for the ,marylee ,allen ,promoting ,safe and ,stable ,families ,program 7a7 ,in general ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated #he1jjj1jjj to carry out section #dcf7;a7 of the ,social ,security ,act for fiscal year #bjbj1 in addition to any amounts otherwise made available for such purpose4 ,for purposes of section #dcf7;b7 of such ,act1 the amount made available by the preceding sentence shall be considered part of the amount specified in such section #dcf7;a74 7b7 ,inapplicability of ,state matching requirement to additional funds ,in making payments under section #dcd7;a7 of the ,social ,security ,act from the additional funds made available as a result of subsection 7a7 of this section1 the percentage specified in section #dcd7;a77#a7 of such ,act is deemed to be #ajj percent4 #g4 ,court ,improvement ,program 7a7 ,reservation of funds ,of the additional amounts made available by reason of section #f of this ,act1 the ,secretary shall reserve #aj1jjj1jjj for grants under subsection 7b7 of this section1 which shall be considered to be made under section #dch of the ,social ,security ,act4 7b7 ,distribution of funds 7#a7 ,in general ,from the amounts reserved under subsection 7a7 of this section1 the ,secretary shall-- 7,a7 reserve not more than #ejj1jjj for ,tribal court improvement activities2 and 7,b7 from the amount remaining after the application of subparagraph 7,a71 make a grant to each highest ,state court that is approved to receive a grant under section #dch of the ,social ,security ,act for the purpose described in section #dch7;a77#c7 of such ,act1 for fiscal year #bjbj4 7#b7 ,amount ,the amount of the grant awarded to a highest ,state court under this subsection shall be the sum of-- 7,a7 #he1jjj2 and 7,b7 the amount that bears the same ratio to the amount reserved under subsection 7a7 that remains after the application of paragraph 7#a77;,a7 and subparagraph 7,a7 of this paragraph1 as the number of individuals in the ,state in which the court is located who have not attained #ba years of age bears to the total number of such individuals in all ,states the highest courts of which were awarded a grant under this subsection 7based on the most recent year for which data are available from the ,bureau of the ,census74 7#c7 ,other rules 7,a7 ,in general ,the grants awarded to the highest ,state courts under this subsection shall be in addition to any grants made to the courts under section #dch of the ,social ,security ,act for any fiscal year4 7,b7 ,no additional application ,the ,secretary shall award grants to the highest ,state courts under this subsection without requiring the courts to submit an additional application4 7,c7 ,reports ,the ,secretary may establish reporting criteria specific to the grants awarded under this subsection4 7,d7 ,redistribution of funds ,if a highest ,state court does not accept a grant awarded under this subsection1 or does not agree to comply with any reporting requirements imposed under subparagraph 7,c7 or the use of funds requirements specified in subsection 7c71 the ,secretary shall redistribute the grant funds that would have been awarded to that court under this subsection among the other highest ,state courts that are awarded grants under this subsection and agree to comply with the reporting and use of funds requirements4 7c7 ,use of funds ,a highest ,state court awarded a grant under subsection 7b7 shall use the grant funds to address needs stemming from the ,,covid-#ai public health emergency1 which may include any of the following3 7#a7 ,technology investments to facilitate the transition to remote hearings for dependency courts when necessary as a direct result of the ,,covid-#ai public health emergency4 7#b7 ,training for judges1 attorneys1 and caseworkers on facilitating and participating in remote hearings that comply with due process and all applicable law1 ensure child safety and well-being1 and help inform judicial decision making4 7#c7 ,programs to help families address aspects of the case plan to avoid delays in legal proceedings that would occur as a direct result of the ,,covid-#ai public health emergency4 7#d7 ,other purposes to assist courts1 court personnel1 or related staff related to the ,,covid-#ai public health emergency4 #h4 ,allowing home visiting programs to continue serving families safely 7a7 ,in general ,for purposes of section #eaa of the ,social ,security ,act1 during the ,,covid-#ai public health emergency period-- 7#a7 a virtual home visit shall be considered a home visit2 7#b7 funding for1 and staffing levels of1 a program conducted pursuant to such section shall not be reduced on account of reduced enrollment in the program2 and 7#c7 funds provided for such a program may be used-- 7,a7 to train home visitors in conducting a virtual home visit and in emergency preparedness and response planning for families served1 and may include training on how to safely conduct intimate partner violence screenings remotely1 training on safety and planning for families served2 7,b7 for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit2 and 7,c7 to provide emergency supplies to families served1 regardless of whether the provision of such supplies is within the scope of the approved program1 such as diapers1 formula1 non-perishable food1 water1 hand soap1 and hand sanitizer4 7b7 ,virtual home visit defined ,in subsection 7a71 the term virtual home visit means a home visit1 as described in an applicable service delivery model1 that is conducted solely by the use of electronic information and telecommunications technologies4 7c7 ,authority ,to delay deadlines 7#a7 ,in general ,the ,secretary may extend the deadline by which a requirement of section #eaa of the ,social ,security ,act must be met1 by such period of time as the ,secretary deems appropriate1 taking into consideration the impact of the ,,covid-#ai public health emergency on eligible entity home visiting programs and the impact of families enrolled in home visiting programs4 ,the ,secretary may delay the deadline for submission1 waive performance measures1 or allow for alternative data sources to be used to show improvement in performance in the manner provided in section #eaa7;d77#a7 of such ,act4 7#b7 ,delay of deadline for statewide needs assessment ,the ,secretary may delay the ,october #a1 #bjbj1 deadline for reviewing and updating any needs assessment required by section #eaa7;b77#a7 or #eaa7;h77#b77;,a7 of the ,social ,security ,act1 but any such delay shall not affect the timing for1 or amount of1 any payment to the ,state involved from the fiscal year allotments available to the ,state under section #ejb7;c7 of such ,act4 7#c7 ,guidance ,the ,secretary shall provide to eligible entities funded under section #eaa of the ,social ,security ,act information on the parameters used in extending a deadline under paragraph 7#a7 or 7#b7 of this subsection4 7d7 ,extension of grant obligation period ,notwithstanding section #eaa7;j77#c77;,a7 of the ,social ,security ,act1 funds made available to an eligible entity for fiscal year #bjah under section #eaa of such ,act shall remain available for expenditure by the eligible entity through ,september #cj1 #bjba4 7e7 ,timely release of title v funds ,the authorities provided in this section shall not be interpreted to authorize or require any delay in the timely release of funds under title ,v of the ,social ,security ,act4 #i4 ,kinship navigator programs pandemic flexibility 7a7 ,inapplicability of matching funds requirements ,during the ,,covid-#ai public health emergency period1 the percentage specified in section #dgd7;a77#g7 of the ,social ,security ,act is deemed to be #ajj percent4 7b7 ,waiver of evidence standard ,during the ,,covid-#ai public health emergency period1 the requirement in section #dgd7;a77#g7 of the ,social ,security ,act that the ,secretary determine that a kinship navigator program be operated in accordance with promising1 supported1 or well-supported practices that meet the applicable criteria specified for the practices in section #dga7;e77#d77;,c7 of such ,act shall have no force or effect4 7c7 ,other allowable uses of funds ,a ,state may use funds provided to carry out a kinship navigator program-- 7#a7 for evaluations1 independent systematic review1 and related activities2 7#b7 to provide short-term support to kinship families for direct services or assistance during the ,,covid-#ai public health emergency period2 and 7#c7 to ensure that kinship caregivers have the information and resources to allow kinship families to function at their full potential1 including-- 7,a7 ensuring that those who are at risk of contracting ,,covid-#ai have access to information and resources for necessities1 including food1 safety supplies1 and testing and treatment for ,,covid-#ai2 7,b7 access to technology and technological supports needed for remote learning or other activities that must be carried out virtually due to the ,,covid-#ai public health emergency2 7,c7 health care and other assistance1 including legal assistance and assistance with making alternative care plans for the children in their care if the caregivers were to become unable to continue caring for the children2 7,d7 services to kinship families1 including kinship families raising children outside of the foster care system2 and 7,e7 assistance to allow children to continue safely living with kin4 7d7 ,territory cap exemption ,section #aajh7;a77#a7 of the ,social ,security ,act shall be applied without regard to any amount paid to a territory pursuant to this section that would not have been paid to the territory in the absence of this section4 #aj4 ,adjustment of funding certainty baselines for ,family ,first ,transition ,act funding certainty grants ,section #fjb7;c77#b7 of division ,n of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 is amended-- 7#a7 in subparagraph 7,c71 in the matter preceding clause 7i71 by striking ,the calculation and inserting ,except as provided in subparagraph 7,g71 the calculation2 and 7#b7 by adding at the end the following3 7,g7 ,adjustment of funding certainty baselines 7i7 ,hold harmless for temporary increase in fmap ,for each fiscal year specified in subparagraph 7,b71 the ,secretary shall increase the maximum capped allocation for fiscal year #bjai or the final cost neutrality limit for fiscal year #bjah for a ,state or sub-,state jurisdiction referred to in subparagraph 7,a77i71 by the amount equal to the difference between-- 7,i7 the amount of the foster care maintenance payments portion of such maximum capped allocation or final cost neutrality limit2 and 7,,ii7 the amount that the foster care maintenance payments portion of such maximum capped allocation or final cost neutrality limit would be if the ,federal medical assistance percentage applicable to the ,state under clause 7ii7 for the fiscal year so specified were used to determine the amount of such portion4 7ii7 ,applicable ,federal medical assistance percentage ,for purposes of clause 7i77,,ii71 the ,federal medical assistance percentage applicable to a ,state for a fiscal year specified in subparagraph 7,b7 is the average of the values of the ,federal medical assistance percentage applicable to the ,state in each quarter of such fiscal year under section #dgd7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgd7;a77#a77 after application of any temporary increase in the ,federal medical assistance percentage for the ,state and quarter under section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note7 and any other ,federal legislation enacted during the period that begins on ,july #a1 #bjbj1 and ends on ,september #cj1 #bjba4 4 #aa4 ,technical correction to temporary increase of ,medicaid ,,fmap ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 is amended by adding at the end the following3 7d7 ,application to title ,,iv-,e payments ,if the ,district of ,columbia receives the increase described in subsection 7a7 in the ,federal medical assistance percentage for the ,district of ,columbia with respect to a quarter1 the ,federal medical assistance percentage for the ,district of ,columbia1 as so increased1 shall apply to payments made to the ,district of ,columbia under part ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fgj et seq47 for that quarter1 and the payments under such part shall be deemed to be made on the basis of the ,federal medical assistance percentage applied with respect to such ,district for purposes of title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 and as increased under subsection 7a74 4