,,ii #aaith ,,congress #ast ,session ,s4 #bijb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah 7legislative day1 ,september #af71 #bjbe,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 ,hidden ,foster ,care ,transparency ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,cps agency ,the term ,,cps agency means the ,state agency responsible for the administration of the ,state plans under parts ,b and ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq47 and any ,state1 county1 local1 or tribal child protective services agency4 7#b7 ,hidden foster care arrangement 7,a7 ,in general ,the term hidden foster care arrangement means any separation of a child from the child's parents or primary caregivers 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 a separation of a child that occurs-- 7i7 following a child protection hotline call or during an investigation by a ,,cps agency2 or 7ii7 while a ,,cps agency has any involvement with a child's parents or primary caregivers but 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 7,b7 ,included arrangements ,such term includes-- 7i7 any arrangement 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 7ii7 any arrangement commonly referred to as kinship diversion1foster care diversion1safety planning1informal family planning1 or hidden foster care to the extent that such arrangement occurs without a court order or court oversight4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#d7 ,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 the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fga et seq474 #c4 ,state reports on hidden foster care arrangements ,as a condition for payment of funds under a ,state plan approved under part ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fga et seq471 a ,state shall submit to the ,secretary as part of the ,adoption and ,foster ,care ,analysis and ,reporting ,system 7#db ,u4,s4,c4 #fgi7 data 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 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 counsel2 7#f7 the result of any investigation leading to a hidden foster care arrangement 7whether an allegation is substantiated or indicated or not substantiated or indicated2 7#g7 how many parents-- 7,a7 were-- 7i7 provided legal counsel2 or 7ii7 referred to a legal services provider before a hidden foster care arrangement began or within #gb hours of such an arrangement2 and 7,b7 were actually represented by legal counsel within #gb hours of such an arrangement2 7#h7 the length of time children were in a hidden foster care arrangement1 including the number of children in a hidden foster care arrangement for more than #ij days without any court orders addressing custody2 7#i7 the number of children who left hidden foster care arrangements-- 7,a7 by reunification with the parent or guardian from whom they were initially separated2 7,b7 by returning to a different parent or guardian2 or 7,c7 through-- 7i7 a kinship caregiver obtaining legal custody or guardianship outside of the foster care system2 7ii7 entry in the foster care system and placement with kin2 and 7iii7 entry in the foster care system and placement with someone else2 7#aj7 a list of specific services provided to parents1 children1 and kinship caregivers affected by a hidden foster care arrangement and1 for each such group1 the number and specific services provided2 and 7#aa7 a list of reports of substantiated abuse or neglect made to a ,,cps agency within #c1 #f1 #i1 or #ab months after a child is identified as being in a hidden foster care arrangement1 where the child was living at time of report4 #d4 ,secretarial responsibilities 7a7 ,annual report to ,congress on hidden foster care arrangement practices ,the ,secretary shall submit an annual report to ,congress based on the most recent ,state reports submitted under section #c4 ,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 ,the number of ,states that submit a report under section #c for the fiscal year involved and a summary of such reports that includes a summary of the ways in which ,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 #c-- 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 ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fgj et seq47 to issue guidance or provide technical assistance to ,states with respect to the data and information required to be reported under section #c4 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 #dgi;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #fgi;b72 and 7,b7 shall make each report submitted to ,congress in accordance with subsection 7a7 publicly available4