Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act - Title I: Identifying and Protecting Youth At Risk of Sex Trafficking - (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state has developed policies and procedures for identifying and screening, and for determining appropriate state action and services with respect to, children over whom the state agency has responsibility for placement, care, or supervision who the state has reasonable cause to believe are victims of sex trafficking or a severe form of trafficking in persons, or are at risk of being such victims.
Authorizes a state, at its option, to identify and screen any individual under age 26 without regard to whether the individual is or was in foster care under state responsibility.
(Sec. 102) Adds as state plan requirements: (1) the documenting and reporting to law enforcement authorities of instances of sex trafficking, as well as (2) the locating of and responding to children who have run away from foster care.
(Sec. 104) Directs the Secretary of Health and Human Services (HHS) to report to Congress a summary of information on: (1) children who run away from foster care and their risk of becoming victims of sex trafficking; (2) state efforts to provide specialized services, foster family homes, or child care institutions for children who are victims of sex trafficking; and (3) state efforts to ensure children in foster care form long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker.
Title II: Improving Opportunities for Youth in Foster Care and Supporting Permanency - (Sec. 201) Requires the state authority or authorities designated by a state plan for foster care and adoption assistance to: (1) develop a reasonable and prudent parent standard for the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities; and (2) apply this standard to any foster family home or child care institution receiving funds under title IV part E.
Directs the Secretary to provide assistance to states on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities.
Requires that standards for child care institutions require, as a condition of any contract between an institution and the state agency, the presence on-site of at least one official designated as caregiver for a particular child who is authorized and trained to apply the reasonable and prudent parent standard to decisions involving the child's participation in age- or developmentally-appropriate activities.
Requires that such standards also include policies related to the liability of foster parents and private entities under state contract involving application of the reasonable and prudent parent standard to a child's participation in approved activities. Allows a waiver of any non-safety standards only on a case-by-case basis in relative foster family homes for specific children in care.
(Sec. 202) Limits to children age 16 or older the option, in an initial permanency hearing, of being placed in a planned permanent living arrangement other than a return to home, referral for termination of parental rights, or placement for adoption, with a fit and willing relative (including an adult sibling), or with a legal guardian. Prescribes documentation and determination requirements for such an option.
(Sec. 203) Gives children age 14 and older authority to participate in the development of their own case plans, in consultation with up to two members of the case planning team.
Requires any such case plan to: (1) describe the child's rights with respect to education, health, visitation, and court participation, and to staying safe and avoiding exploitation; (2) ensure such rights are explained to the child in an age-appropriate way; and (3) require the child to be given a copy of the document, verified by an acknowledgment signed by the child.
(Sec. 204) Requires the case review system to assure that foster youth under age 16, unless in foster care less than six months or discharged to reunite with the youth's family or to be adopted, receive upon discharge a birth certificate, Social Security card, health insurance information, and medical records. Requires that any foster youth attaining age 18 also receive a fee-free (or low-fee) bank or credit union account, unless the youth after consultation with the case planning team chooses not to receive one.
Title III: Improving Data Collection and Reporting on Child Sex Trafficking - (Sec. 301) Includes sex trafficking data in the adoption and foster care analysis and reporting system (AFCARS).
Directs the Secretary to report annually to Congress on the annual aggregate number of children in foster care identified as victims of sex trafficking or a severe form of trafficking in described persons, together with such other appropriate information relating to the identification of, and provision of services for, that population of children.
(Sec. 302) Requires the Secretary to include in the annual report to Congress on state performance on child protection and child welfare program outcome measures any state-by-state data on children in foster care who have been placed in a child care institution or another setting that is not a foster family home, as well as state-by-state data on children in foster care who are pregnant or parenting.
Title IV: Improving the Use of Technologies to Increase Child Support Collections - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to give the employer the option of using electronic transmission methods prescribed by the Secretary for income withholding in the collection and disbursement of child support payments.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4058 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4058
To prevent and address sex trafficking of youth in foster care.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2014
Mr. Reichert (for himself, Mr. Doggett, Mr. Paulsen, Mr. Levin, Mr.
Roskam, Mr. McDermott, Mr. Buchanan, Mr. Lewis, Mr. Young of Indiana,
Mr. Crowley, Mr. Griffin of Arkansas, Mr. Danny K. Davis of Illinois,
Mr. Renacci, Ms. Slaughter, Mrs. Wagner, Ms. Bass, and Mr. Langevin)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To prevent and address sex trafficking of youth in foster care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Sex Trafficking and
Improving Opportunities for Youth in Foster Care Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING
Sec. 101. Identifying and screening youth at risk of sex trafficking.
Sec. 102. Documenting and reporting instances of sex trafficking.
Sec. 103. State plan requirement to locate and respond to children who
run away from foster care.
Sec. 104. Increasing information on youth in foster care to prevent sex
trafficking.
TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND
SUPPORTING PERMANENCY
Sec. 201. Supporting normalcy for children in foster care.
Sec. 202. Improvements to another planned permanent living arrangement
as a permanency option.
Sec. 203. Empowering foster youth age 14 and older in the development
of their own case plan and transition
planning for a successful adulthood.
Sec. 204. Ensuring foster youth have a birth certificate, Social
Security card, health insurance
information, medical records, and a bank
account.
TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX
TRAFFICKING
Sec. 301. Including sex trafficking data in the Adoption and Foster
Care Analysis and Reporting System.
Sec. 302. Information on children in foster care in annual reports
using AFCARS data; consultation.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) Recent reports on sex trafficking estimate that
thousands of children 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 presents as
trafficked or at risk for trafficking.
(4) Within the foster care system, many young adults are
housed in congregate care facilities or group homes, which
often are targeted by traffickers.
(5) Within the foster care system, children 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 contribute to
increased vulnerability to trafficking, homelessness, and other
negative outcomes for children in foster care.
(7) The latest research in adolescent brain development
indicates that young people learn through experience and
through trial and error, and that 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 in foster care, systemic changes
need to be made to the child welfare system that focus on--
(A) the reduction of children in long-term foster
care;
(B) greater child engagement in case planning while
in foster care;
(C) improved efforts to locate and respond to
children who have run away from foster care and to
reduce the number of foster children who are on the
run;
(D) improved policies and procedures that encourage
age or developmentally-appropriate activities for
children in foster care and that permit more
opportunities for such children to make meaningful and
permanent connections with caring adults; and
(E) 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, schools,
juvenile justice agencies, and other social service
providers.
TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING
SEC. 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) 1 year after the date of the
enactment of this subparagraph, demonstrate to
the Secretary that the State agency has
developed, in consultation with organizations
with experience in dealing with at-risk youth,
policies and procedures for identifying and
screening (including relevant training for
caseworkers), and for determining appropriate
State action and services with respect to--
``(I) any child over whom the State
agency has responsibility for
placement, care, or supervision
(including children for whom a State
child welfare agency has an open case
file but who have not been removed from
the home and youth who are not in
foster care but are receiving services
under section 477 of this Act) who the
State has reasonable cause to believe--
``(aa) 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 section 103(9)(A)
of such Act (22 U.S.C.
7102(9)(A)); or
``(bb) is at risk of being
a victim of either kind of
trafficking; and
``(II) at the option of the State,
any individual, without regard to
whether the individual is or was in
foster care under the responsibility of
the State, who has not attained 26
years of age; and
``(ii) 2 years after such date of
enactment, demonstrate to the Secretary that
the State agency is implementing, in
consultation with the child protective services
agency or unit for the State, the policies and
procedures referred to in clause (i).''.
SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF SEX TRAFFICKING.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting a semicolon; and
(3) by adding at the end the following:
``(34) provides that, for each child over whom the State
agency has responsibility for placement, care, or supervision
(including any child for whom a State child welfare agency has
an open case file but who has not been removed from the home,
and any child who is not in foster care but is receiving
services under section 477), the State agency shall--
``(A) not later than 2 years after the date of the
enactment of this paragraph, identify and document
appropriately in agency records each child who is
identified as being a victim of sex trafficking (as
defined in section 103(10) of the Trafficking Victims
Protection Act of 2000) or as being a victim of severe
forms of trafficking in persons described in section
103(9)(A) of such Act, as such a victim; and
``(B) report immediately, and in no case later than
24 hours after receiving--
``(i) information on children who have been
identified as being victims of sex trafficking
(as defined in subparagraph (A) of this
paragraph) to the law enforcement authorities;
and
``(ii) information on missing or abducted
children to the law enforcement authorities for
entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section
534 of title 28, United States Code, and to the
National Center for Missing and Exploited
Children; and
``(35) not later than 2 years after the date of the
enactment of this paragraph, contains a regularly updated
description, made available to the public on the Internet
website of the State agency, of the specific measures taken by
the State agency to protect and provide services to children
who are victims of sex trafficking (as defined in section
103(10) of the Trafficking Victims Protection Act of 2000), or
victims of severe forms of trafficking in persons described in
section 103(9)(A) of such Act, including efforts to coordinate
with State law enforcement, schools, juvenile justice agencies,
and social service agencies such as runaway and homeless youth
shelters and transitional and other supportive housing
providers to serve that population.''.
(b) Regulations.--The Secretary of Health and Human Services shall
promulgate regulations implementing the amendments made by subsection
(a) of this section and shall provide uniform definitions for States to
use for the reports required under section 471(a)(34)(B) of the Social
Security Act, as added by such subsection (a).
SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RESPOND TO CHILDREN WHO
RUN AWAY FROM FOSTER CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 102 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (34);
(2) by striking the period at the end of paragraph (35) and
inserting ``; and''; and
(3) by adding at the end the following:
``(36) provides that, not later than 1 year after the date
of the enactment of this paragraph, the State shall develop and
implement specific protocols for--
``(A) expeditiously locating any child missing from
foster care;
``(B) determining the primary factors that
contributed to the child's running away or otherwise
being absent from care, and to the extent possible and
appropriate, responding to those factors in current and
subsequent placements;
``(C) determining the child's experiences while
absent from care, including screening the child to
determine if he or she is a possible victim of sex
trafficking (as defined in paragraph (9)(C)); and
``(D) reporting such related information as
required by the Secretary.''.
SEC. 104. INCREASING INFORMATION ON YOUTH IN FOSTER CARE TO PREVENT SEX
TRAFFICKING.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Congress
a written report which summarizes the following:
(1) Information on children who run away from foster care
and their risk of becoming victims of sex trafficking, using
data reported by States under section 479 of the Social
Security Act and information collected by States related to
section 471(a)(36) of such Act, including--
(A) characteristics of children who run away from
foster care;
(B) potential factors associated with children
running away from foster care (such as reason for entry
into care, length of stay in care, type of placement,
and other factors that contributed to the child's
running away);
(C) information on children's experiences while
absent from care; and
(D) trends in the number of children reported as
runaways in each fiscal year (including factors that
may have contributed to changes in such trends).
(2) Information on State efforts to provide specialized
services, foster family homes, or child care institutions for
children who are victims of sex trafficking.
(3) Information on State efforts to ensure children in
foster care form and maintain long-lasting connections to
caring adults, even when a child in foster care must move to
another foster family home or when the child is placed under
the supervision of a new caseworker.
TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND
SUPPORTING PERMANENCY
SEC. 201. 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 the health, safety, and best
interests of a child while at the same time encouraging the
emotional and developmental growth of the child, 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, cultural, 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) The term `age or developmentally-appropriate'
means--
``(A) 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; and
``(B) in the case of a specific child, activities
or items that are suitable for the child based on the
developmental stages attained by the child with respect
to the cognitive, emotional, physical, and behavioral
capacities of the child.''.
(2) State plan requirement.--Section 471(a)(24) of such Act
(42 U.S.C. 671(a)(24)) is amended--
(A) by striking ``include'' and inserting
``includes'';
(B) by striking ``and that such preparation'' and
inserting ``that the preparation''; and
(C) by inserting ``, and that the preparation shall
include knowledge and skills relating to the reasonable
and prudent parent standard for the participation of
the child in age or developmentally-appropriate
activities, including knowledge and skills relating to
the developmental stages of the cognitive, emotional,
physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to
engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities'' before the semicolon.
(3) Technical assistance.--The Secretary of Health and
Human Services shall provide assistance to the States on best
practices for devising strategies to assist foster parents in
applying a reasonable and prudent parent standard in a manner
that protects child safety, while also allowing children to
experience normal and beneficial activities, including methods
for appropriately considering the concerns of the biological
parents of a child in decisions related to participation of the
child in activities (with the understanding that those concerns
should not necessarily determine the participation of the child
in any activity).
(b) Normalcy for Children in Child Care Institutions.--Section
471(a)(10) of such Act (42 U.S.C. 671(a)(10)) 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 the 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 established pursuant to
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 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 access of the child 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 the
training pursuant to paragraph (24);
``(C) that the standards established pursuant to
subparagraph (A) shall include policies related to the
liability of foster parents and private entities under
contract by the State involving the application of the
reasonable and prudent parent standard, to ensure
appropriate liability for caregivers when a child
participates in an approved activity and the caregiver
approving the activity acts in accordance with the
reasonable and prudent parent standard; and
``(D) that a waiver of any standards established
pursuant to 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 Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act, without regard to whether regulations to
implement the amendments have been promulgated by that date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 202. 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)(i) of the Social
Security Act (42 U.S.C. 675(5)(C)(i)) is amended by inserting
``only in the case of a child who has attained 16 years of
age'' before ``(in cases where''.
(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 such Act (42 U.S.C.
670 et seq.) is amended by inserting after section 475 the
following:
``SEC. 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 (including adult siblings), a legal guardian,
or an adoptive parent, including through efforts that utilize
search technology (including social media) to find biological
family members for children in the child welfare system.
``(2) Redetermination of appropriateness of placement at
each permanency hearing.--The State agency shall implement
procedures to ensure that, 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 does the following:
``(A) Ask the child about the desired placement of
the child.
``(B) Make a judicial determination explaining why,
as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child and provide compelling reasons 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.
``(3) Demonstration of support for engaging in age or
developmentally-appropriate activities and social events.--At
each permanency hearing held with respect to the child, the
State agency shall document the steps the State agency is
taking to ensure the child's foster family home or child care
institution is following the reasonable and prudent parent
standard specified in paragraphs (10) and (24) of section
471(a).''.
(2) Conforming amendments.--
(A) State plan requirements.--
(i) Part b.--Section 422(b)(8)(A)(ii) of
such 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 such
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 ``sections
475(5) and 475A''.
(B) Definitions.--Section 475 of such 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)--
(I) by inserting ``, as of the date
of the hearing,'' after ``compelling
reason for determining''; and
(II) by inserting ``subject to
section 475A(a),'' after ``another
planned permanent living
arrangement,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 203. 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 14 years of age, the plan developed
for the child in accordance with this paragraph, and any revision or
addition to the plan, 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 a foster
parent of, or caseworker for, the child. 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 Children 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 who has
attained 14 years of age''; and
(2) in paragraph (5)--
(A) in subparagraph (C)--
(i) by striking ``and'' at the end of
clause (ii); and
(ii) by adding at the end the following:
``and (iv) if a child has attained 14 years of
age, the permanency plan developed for the
child, and any revision or addition to the
plan, shall be developed in consultation with
the child and, at the option of the child, with
not more than 2 members of the permanency
planning team who are selected by the child and
who are not a foster parent of, or caseworker
for, the child, except that the State may
reject an individual so selected by the child
if the State has good cause to believe that the
individual would not act in the best interests
of the child, and 1 individual so selected by
the child may be designated to be the child's
advisor and, as necessary, advocate, with
respect to the application of the reasonable
and prudent standard to the child;''; 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 such Act, as added by section
202(b)(1) of this Act, is amended by adding at the end the following:
``(b) List of Rights.--The case plan for any child in foster care
under the responsibility of the State who has attained 14 years of age
shall include a document that describes the rights of the child 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 with a copy of the
document and that the rights contained in the document have been
explained to the child in an age-appropriate way.''.
(e) Report.--Not later than 2 years after the date of the 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
requirements of paragraphs (1)(B) and (5)(C) of section 475 of
the Social Security Act, as amended by subsection (a) of this
section, that a child in foster care who has attained 14 years
of age be permitted to select up to 2 members of the case
planning team or permanency planning team for the child from
individuals who are not a foster parent of, or caseworker for,
the child; and
(2) a description of best practices of States with respect
to the administration of the requirement.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
SEC. 204. ENSURING FOSTER YOUTH HAVE A BIRTH CERTIFICATE, SOCIAL
SECURITY CARD, HEALTH INSURANCE INFORMATION, MEDICAL
RECORDS, 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 ``, and, unless the child has been in
foster care for less than 6 months or the child is being
discharged from care to return to live with the family of the
child or to be adopted, is not discharged from care without
being provided with an official birth certificate of the child,
a social security card issued by the Commissioner of Social
Security, health insurance information and medical records, and
if the child has attained 18 years of age, 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 name of the child 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
members of the case planning team for the child selected by the
child (if any), elects to not have such an account
established'' before the period.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect 1 year after the date of enactment of this Act.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year
of the session is deemed to be a separate regular session of
the State legislature.
TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX
TRAFFICKING
SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER
CARE ANALYSIS AND REPORTING SYSTEM.
(a) In General.--Section 479(c)(3) of the Social Security Act (42
U.S.C. 679(c)(3)) is amended--
(1) in subparagraph (C)(iii), by striking ``and'' after the
comma; and
(2) by adding at the end the following:
``(E) the annual aggregate number of children in
foster care who are identified as victims 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 section 103(9)(A) of such Act--
``(i) before entering foster care; and
``(ii) while in foster care; and''.
(b) Report to Congress.--Beginning in fiscal year 2016, the
Secretary of Health and Human Services shall submit an annual report to
Congress that contains the annual aggregate number of children in
foster care who are identified as victims 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 section 103(9)(A) of such Act, together with such other
information as the Secretary determines appropriate relating to the
identification of, and provision of services for, that population of
children.
SEC. 302. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS
USING AFCARS DATA; CONSULTATION.
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;
(4) by adding at the end the following:
``(7) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 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 the 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 the settings
(including for children who have a permanency plan of
another planned permanent living arrangement);
``(C) the types of child care institutions used
(including 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;
``(E) any clinically diagnosed special need of such
children; and
``(F) the extent of any specialized education,
treatment, counseling, or other services provided in
the settings; and
``(8) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year, State-
by-State data on children in foster care who are pregnant or
parenting.''; 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 33 - 0.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 113-441.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 113-441.
Placed on the Union Calendar, Calendar No. 328.
Mr. Reichert moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4522-4529)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4058.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H4522-4525)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4522-4525)
Received in the Senate.