,,ii #aahth ,,congress #b;d ,session ,s4 #ebad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjbd,mr4 ,cornyn 7for himself and ,mr4 ,ossoff7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require ,states to measure and publicly report on the separation of children from parents by hidden foster care arrangements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foster ,care ,placement ,transparency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in some circumstances1 upon a family first coming to the attention of a child protective services agency1 for various reasons1 a child may newly enter a hidden foster care arrangement either as a direct or indirect result of contact with the child protective services agency4 7#b7 ,while a hidden foster care arrangement may be in the best interests of a child1 there is no measure of the extent to which hidden foster care arrangements are used by ,states4 7#c7 ,because hidden foster care arrangements are made upon the initial contact of a family by a child welfare agency1 such arrangements are also the first opportunity ,states may have to provide support to the new caregivers to a child who is in a hidden foster care arrangement and serve the best interests of the child4 7#d7 ,however1 due to a lack of understanding of the instances in which hidden foster care arrangements are used throughout ,states1 it is difficult to determine how the needs of children1 their new caregivers1 and families can be best supported in cases of hidden foster care arrangements as well as the manner in which ,federal funds or oversight could be best directed to support ,states in their work with these cases4 #c4 ,definitions ,in this ,act3 7#a7 ,hidden foster care arrangement ,the term hidden foster care arrangement means any separation of a child from the child's parents or primary caregivers during an investigation by a ,state1 county1 local1 or tribal child protective services agency 7in this ,act referred to as a ,,cps agency7 that occurs without the ,state taking responsibility for the care or placement of the child and without a court order or the involvement and oversight of a court of law1 whether voluntary or involuntary4 ,such term includes-- 7,a7 arrangements in which a ,,cps agency suggests1 implies1 or insists that a parent should or must permit the parent's child to live with someone else in response to an investigation of allegations that the parent1 or a spouse1 partner1 or other individual who resides with the parent1 has neglected or abused the child2 and 7,b7 arrangements commonly referred to as kinship diversion1foster care diversion1safety planning1 and informal family planning to the extent that these arrangements occur without a court order or court oversight4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#c7 ,state ,the term ,state has the meaning given that term in section #aaja7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acja7;a77 for purposes of parts ,b and ,e of title ,,iv of such ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq474 #d4 ,state reports on hidden foster care arrangements ,as a condition for payment of funds under a ,state plan approved under the ,marylee ,allen ,promoting ,safe and ,stable ,families ,program under subpart #b of part ,b of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi et seq47 for each reporting period beginning with the first year that begins on or after the date that is #b years after the date of enactment of this ,act1 a ,state shall submit to the ,secretary with the report required under section #dcb7;a77#h77;,b7 of such ,act 7#db ,u4,s4,c4 #fbi;b7a77#h77;,b77 for the fiscal year involved1 data and a written report that specifies1 for each such fiscal year-- 7#a7 the number of children separated from their parents by a hidden foster care arrangement2 7#b7 the number of hidden foster care arrangements that ended without the child entering the formal foster care system2 7#c7 the number of hidden foster care arrangements that ended through the placement of the child into the formal foster care system2 7#d7 the category or type of allegation raised in each case which resulted in a separation of a child from their parents by a hidden foster care arrangement2 and 7#e7 to the extent data is available1 the number of caregivers in a hidden foster care arrangement who received additional services including referrals to kinship navigator programs1 prevention services programs funded under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq471 services provided by an entity or organization other than a ,,cps agency1 or to legal counsel4 #e4 ,secretarial responsibilities 7a7 ,annual report to ,congress on hidden foster care practices ,the ,secretary shall submit an annual report to ,congress based on the most recent ,state reports submitted under section #d4 ,each annual report shall include the following3 7#a7 ,the total number of children for whom a hidden foster care arrangement ended during the fiscal year reported on1 and of that number-- 7,a7 how many of the hidden foster care arrangements ended without the child entering the formal foster care system2 and 7,b7 how many of the hidden foster care arrangements ended through the placement of the child into the formal foster care system4 7#b7 ,the total number of each category or type of allegation raised in a case which resulted in a separation of a child from their parents by a hidden foster care arrangement4 7#c7 ,to the extent data is available1 the number of caregivers in a hidden foster care arrangement who received additional services1 including referrals to kinship navigator programs1 prevention services programs funded under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq471 services provided by an entity or organization other than a ,,cps agency1 or legal counsel4 7#d7 ,a summary of the number of ,states that submitted a report under section #d for the fiscal year involved and the way in which those ,states address hidden foster care arrangements within the most recent ,state plan reports submitted part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq474 7b7 ,implementation 7#a7 ,consistent data ,the ,secretary shall ensure that1 to the extent practicable1 the data and information required to be reported under section #d-- 7,a7 is collected and reported in a reliable and standardized manner by all ,states2 7,b7 provides a comprehensive1 national picture of the practice of hidden foster care arrangements2 and 7,c7 draws upon and does not duplicate other required child welfare data collection and reporting regarding children for1 or on whose behalf1 prevention services are offered1 including under section #dga7;e77#e77;,b77x7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;e77#e77;,b77x771 section #dgi of such ,act 7#db ,u4,s4,c4 #fgi71 and subparagraphs 7,c7 and 7,d7 of section #ajc7;c77#a7 of the ,child ,abuse ,prevention and ,treatment ,act and #ajf7;d7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajc7;c77#a71 #eajf;a7d774 7#b7 ,guidance2 technical assistance ,the ,secretary may use funds made available to carry out part ,b of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq47 to issue guidance or provide technical assistance to ,states with respect to the data and information required to be reported under section #d4 7#c7 ,publication and manner of submission ,the ,secretary-- 7,a7 may include the report required by subsection 7a7 in the annual compilation of ,state reports required to be submitted to ,congress under section #dcb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi;b7c772 and 7,b7 shall make each report submitted to ,congress in accordance with subsection 7a7 publicly available4