Supporting Foster Youth and Families through the Pandemic Act
This bill increases FY2020 funding, raises the maximum age of eligibility, and provides other flexibilities for certain foster care programs in response to the COVID-19 pandemic.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7947 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7947
To provide additional temporary supports and flexibilities for older
foster youth, grandparents, and other kinship families, home visiting
for pregnant and parenting families, and other child welfare services,
during the COVID-19 pandemic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 7, 2020
Mr. Danny K. Davis of Illinois (for himself and Mrs. Walorski)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, 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 youth, grandparents, and other kinship families, home visiting
for pregnant and parenting families, and other child welfare services,
during the COVID-19 pandemic.
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 ``Supporting Foster Youth and Families
through the Pandemic Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary pursuant to section 319 of the Public
Health Service Act, entitled ``Determination that a Public
Health Emergency Exists Nationwide as the Result of the 2019
Novel Coronavirus''.
(2) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the period
beginning on April 1, 2020, and ending with September 30, 2021.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS AND SUPPORT
FOR OLDER FOSTER YOUTH.
(a) Funding Increases.--
(1) Increase in support for chafee programs.--Out of any
money in the Treasury of the United States not otherwise
appropriated, there are appropriated $400,000,000 for fiscal
year 2020, to carry out section 477 of the Social Security Act,
in addition to any amounts otherwise made available for such
purpose.
(2) Education and training vouchers.--Of the amount made
available by reason of paragraph (1) of this subsection, not
less than $50,000,000 shall be reserved for the provision of
vouchers pursuant to section 477(h)(2) of the Social Security
Act.
(3) Inapplicability of state matching requirement to
additional funds.--In making payments under subsections (a)(4)
and (e)(1) of section 474 of the Social Security Act from the
additional funds made available as a result of paragraphs (1)
and (2) of this subsection, the percentages specified in
subsections (a)(4)(A)(i) and (e)(1) of such section are,
respectively, deemed to be 100 percent.
(4) Maximum award amount.--The dollar amount specified in
section 477(i)(4)(B) of the Social Security Act through the end
of fiscal year 2021 is deemed to be $12,000.
(5) Inapplicability of nytd penalty to additional funds.--
In calculating any penalty under section 477(e)(2) of the
Social Security Act with respect to the National Youth in
Transition Database (NYTD) for the COVID-19 public health
emergency period, none of the additional funds made available
by reason of paragraphs (1) and (2) of this subsection shall be
considered to be part of an allotment to a State under section
477(c) of such Act.
(b) Maximum Age Limitation on Eligibility for Assistance.--During
fiscal years 2020 and 2021, a child may be eligible for services and
assistance under section 477 of the Social Security Act until the child
attains 27 years of age, notwithstanding any contrary certification
made under such section.
(c) Special Rule.--With respect to funds made available by reason
of subsection (a) that are used during the COVID-19 public health
emergency period to support activities due to the COVID-19 pandemic,
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 youth.
(d) Programmatic Flexibilities.--During the COVID-19 public health
emergency period:
(1) 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
477(i)(3) 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-19 public health
emergency.
(2) Authority to use vouchers to maintain training and
postsecondary education.--A voucher provided under a State
educational and training voucher program under section 477(i)
of the Social Security Act may be used for maintaining training
and postsecondary education, 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 (1) of this subsection.
(3) Authority to waive limitations on percentage of funds
used for housing assistance and eligibility for such
assistance.--Notwithstanding section 477(b)(3)(B) of the Social
Security Act, a State may use--
(A) more than 30 percent of the amounts paid to the
State from its allotment under section 477(c)(1) of
such Act for a fiscal year, for room or board payments;
and
(B) any of such amounts for youth otherwise
eligible for services under section 477 of such Act
who--
(i) have attained 18 years of age and not
27 years of age; and
(ii) experienced foster care at 14 years of
age or older.
SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.
(a) 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 age. A child may not be found ineligible for foster care
maintenance payments under section 472 of such Act solely due to the
age of the child or the failure of the child to meet a condition of
section 475(8)(B)(iv) of such Act before October 1, 2021.
(b) 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 (and without regard
to whether the State has exercised the option provided by section
475(8)(B) of such Act to extend assistance under such part to older
children) shall--
(1) permit any youth who left foster care due to age during
the COVID-19 public health emergency to voluntarily re-enter
foster care;
(2) provide to each such youth who was formally discharged
from foster care during the COVID-19 public health emergency, a
notice designed to make the youth aware of the option to return
to foster care;
(3) facilitate the voluntary return of any such youth to
foster care; and
(4) conduct a public awareness campaign about the option to
voluntarily re-enter foster care for youth who have not
attained 22 years of age, who aged out of foster care in fiscal
year 2020 or fiscal year 2021, and who are otherwise eligible
to return to foster care.
(c) 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--
(1) continue to ensure that the safety, permanence, and
well-being needs of older foster youth, 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 section, are met; and
(2) work with any youth who remains in foster care after
attaining 18 years of age (or such greater age as the State may
have elected under section 475(8)(B)(iii) of such Act) to
develop, or review and revise, a transition plan consistent
with the plan referred to in section 475(5)(H) of such Act, and
assist the youth with identifying adults who can offer
meaningful, permanent connections.
(d) Authority To Use Additional Funding for Certain Costs Incurred
To Prevent Aging Out of, Facilitating Re-Entry to, and Protecting Youth
in Care During the Pandemic.--
(1) In general.--Subject to paragraph (2) of this
subsection, a State to which additional funds are made
available as a result of section 3(a) may use the funds to meet
any costs incurred in complying with subsections (a), (b), and
(c) of this section.
(2) Restrictions.--
(A) The costs referred to in paragraph (1) must be
incurred after the date of the enactment of this
section and before October 1, 2021.
(B) The costs of complying with subsection (a) or
(c) of this section must not be incurred on behalf of
children eligible for foster care maintenance payments
under section 472 of the Social Security Act, including
youth who have attained 18 years of age who are
eligible for the payments by reason of the temporary
waiver of the age requirement or the conditions of
section 475(8)(B)(iv) of such Act.
(C) A State shall make reasonable efforts to ensure
that eligibility for foster care maintenance payments
under section 472 of the Social Security Act is
determined when a youth remains in, or re-enters,
foster care as a result of the State complying with
subsections (a) and (c) of this section.
(D) A child who re-enters care during the COVID-19
public health emergency period may not be found
ineligible for foster care maintenance payments under
section 472 of the Social Security Act solely due to
age or the requirements of section 475(8)(B)(iv) of
such Act before October 1, 2021.
(e) Termination of Certain Provisions.--The preceding provisions of
this section shall have no force or effect after September 30, 2021.
SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC FLEXIBILITY.
During the COVID-19 public health emergency period, each percentage
specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the
Social Security Act is deemed to be 100 percent.
SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING SAFE AND
STABLE FAMILIES PROGRAM.
(a) In General.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated $85,000,000
to carry out section 436(a) of the Social Security Act for fiscal year
2020, in addition to any amounts otherwise made available for such
purpose. For purposes of section 436(b) of such Act, the amount made
available by the preceding sentence shall be considered part of the
amount specified in such section 436(a).
(b) Inapplicability of State Matching Requirement to Additional
Funds.--In making payments under section 434(a) of the Social Security
Act from the additional funds made available as a result of subsection
(a) of this section, the percentage specified in section 434(a)(1) of
such Act is deemed to be 100 percent.
SEC. 7. COURT IMPROVEMENT PROGRAM.
(a) Reservation of Funds.--Of the additional amounts made available
by reason of section 6 of this Act, the Secretary shall reserve
$10,000,000 for grants under subsection (b) of this section, which
shall be considered to be made under section 438 of the Social Security
Act.
(b) Distribution of Funds.--
(1) In general.--From the amounts reserved under subsection
(a) of this section, the Secretary shall--
(A) reserve not more than $500,000 for Tribal court
improvement activities; and
(B) from the amount remaining after the application
of subparagraph (A), make a grant to each highest State
court that is approved to receive a grant under section
438 of the Social Security Act for the purpose
described in section 438(a)(3) of such Act, for fiscal
year 2020.
(2) Amount.--The amount of the grant awarded to a highest
State court under this subsection shall be the sum of--
(A) $85,000; and
(B) the amount that bears the same ratio to the
amount reserved under subsection (a) that remains after
the application of paragraph (1)(A) and subparagraph
(A) of this paragraph, as the number of individuals in
the State in which the court is located who have not
attained 21 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 (based
on the most recent year for which data are available
from the Bureau of the Census).
(3) Other rules.--
(A) 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 438 of
the Social Security Act for any fiscal year.
(B) No additional application.--The Secretary shall
award grants to the highest State courts under this
subsection without requiring the courts to submit an
additional application.
(C) Reports.--The Secretary may establish reporting
criteria specific to the grants awarded under this
subsection.
(D) Redistribution of funds.--If a highest State
court does not accept a grant awarded under this
subsection, or does not agree to comply with any
reporting requirements imposed under subparagraph (C)
or the use of funds requirements specified in
subsection (c), 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
requirements.
(c) Use of Funds.--A highest State court awarded a grant under
subsection (b) shall use the grant funds to address needs stemming from
the COVID-19 public health emergency, which may include any of the
following:
(1) Technology investments to facilitate the transition to
remote hearings for dependency courts when necessary as a
direct result of the COVID-19 public health emergency.
(2) Training for judges, attorneys, and caseworkers on
facilitating and participating in remote hearings that comply
with due process and all applicable law, ensure child safety
and well-being, and help inform judicial decision making.
(3) 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-19 public health emergency.
(4) Other purposes to assist courts, court personnel, or
related staff related to the COVID-19 public health emergency.
SEC. 8. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING FAMILIES
SAFELY.
(a) In General.--For purposes of section 511 of the Social Security
Act, during the COVID-19 public health emergency period--
(1) a virtual home visit shall be considered a home visit;
(2) funding for, and staffing levels of, a program
conducted pursuant to such section shall not be reduced on
account of reduced enrollment in the program; and
(3) funds provided for such a program may be used--
(A) to train home visitors in conducting a virtual
home visit and in emergency preparedness and response
planning for families served, and may include training
on how to safely conduct intimate partner violence
screenings remotely, training on safety and planning
for families served;
(B) for the acquisition by families enrolled in the
program of such technological means as are needed to
conduct and support a virtual home visit; and
(C) to provide emergency supplies to families
served, regardless of whether the provision of such
supplies is within the scope of the approved program,
such as diapers, formula, non-perishable food, water,
hand soap, and hand sanitizer.
(b) Virtual Home Visit Defined.--In subsection (a), the term
``virtual home visit'' means a home visit, as described in an
applicable service delivery model, that is conducted solely by the use
of electronic information and telecommunications technologies.
(c) Authority To Delay Deadlines.--
(1) In general.--The Secretary may extend the deadline by
which a requirement of section 511 of the Social Security Act
must be met, by such period of time as the Secretary deems
appropriate, taking into consideration the impact of the COVID-
19 public health emergency on eligible entity home visiting
programs and the impact of families enrolled in home visiting
programs. The Secretary may delay the deadline for submission,
waive performance measures, or allow for alternative data
sources to be used to show improvement in performance in the
manner provided in section 511(d)(1) of such Act.
(2) Delay of deadline for statewide needs assessment.--The
Secretary may delay the October 1, 2020, deadline for reviewing
and updating any needs assessment required by section 511(b)(1)
or 511(h)(2)(A) of the Social Security Act, but any such delay
shall not affect the timing for, or amount of, any payment to
the State involved from the fiscal year allotments available to
the State under section 502(c) of such Act.
(3) Guidance.--The Secretary shall provide to eligible
entities funded under section 511 of the Social Security Act
information on the parameters used in extending a deadline
under paragraph (1) or (2) of this subsection.
(d) Extension of Grant Obligation Period.--Notwithstanding section
511(j)(3)(A) of the Social Security Act, funds made available to an
eligible entity for fiscal year 2018 under section 511 of such Act
shall remain available for expenditure by the eligible entity through
September 30, 2021.
(e) 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
Act.
SEC. 9. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.
(a) Inapplicability of Matching Funds Requirements.--During the
COVID-19 public health emergency period, the percentage specified in
section 474(a)(7) of the Social Security Act is deemed to be 100
percent.
(b) Waiver of Evidence Standard.--During the COVID-19 public health
emergency period, the requirement in section 474(a)(7) of the Social
Security Act that the Secretary determine that a kinship navigator
program be operated in accordance with promising, supported, or well-
supported practices that meet the applicable criteria specified for the
practices in section 471(e)(4)(C) of such Act shall have no force or
effect.
(c) Other Allowable Uses of Funds.--A State may use funds provided
to carry out a kinship navigator program--
(1) for evaluations, independent systematic review, and
related activities;
(2) to provide short-term support to kinship families for
direct services or assistance during the COVID-19 public health
emergency period; and
(3) to ensure that kinship caregivers have the information
and resources to allow kinship families to function at their
full potential, including--
(A) ensuring that those who are at risk of
contracting COVID-19 have access to information and
resources for necessities, including food, safety
supplies, and testing and treatment for COVID-19;
(B) access to technology and technological supports
needed for remote learning or other activities that
must be carried out virtually due to the COVID-19
public health emergency;
(C) health care and other assistance, 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 children;
(D) services to kinship families, including kinship
families raising children outside of the foster care
system; and
(E) assistance to allow children to continue safely
living with kin.
(d) Territory Cap Exemption.--Section 1108(a)(1) 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 section.
SEC. 10. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST
TRANSITION ACT FUNDING CERTAINTY GRANTS.
Section 602(c)(2) of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended--
(1) in subparagraph (C), in the matter preceding clause
(i), by striking ``The calculation'' and inserting ``Except as
provided in subparagraph (G), the calculation''; and
(2) by adding at the end the following:
``(G) Adjustment of funding certainty baselines.--
``(i) Hold harmless for temporary increase
in fmap.--For each fiscal year specified in
subparagraph (B), the Secretary shall increase
the maximum capped allocation for fiscal year
2019 or the final cost neutrality limit for
fiscal year 2018 for a State or sub-State
jurisdiction referred to in subparagraph
(A)(i), by the amount equal to the difference
between--
``(I) the amount of the foster care
maintenance payments portion of such
maximum capped allocation or final cost
neutrality limit; and
``(II) 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
(ii) for the fiscal year so specified
were used to determine the amount of
such portion.
``(ii) Applicable federal medical
assistance percentage.--For purposes of clause
(i)(II), the Federal medical assistance
percentage applicable to a State for a fiscal
year specified in subparagraph (B) 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 474(a)(1) of the Social Security Act
(42 U.S.C. 674(a)(1)) after application of any
temporary increase in the Federal medical
assistance percentage for the State and quarter
under section 6008 of the Families First
Coronavirus Response Act (42 U.S.C. 1396d note)
and any other Federal legislation enacted
during the period that begins on July 1, 2020,
and ends on September 30, 2021.''.
SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID FMAP.
Section 6008 of the Families First Coronavirus Response Act (Public
Law 116-127) is amended by adding at the end the following:
``(d) Application to Title IV-E Payments.--If the District of
Columbia receives the increase described in subsection (a) in the
Federal medical assistance percentage for the District of Columbia with
respect to a quarter, the Federal medical assistance percentage for the
District of Columbia, as so increased, shall apply to payments made to
the District of Columbia under part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) for that quarter, 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 (42 U.S.C. 1396 et seq.) and as
increased under subsection (a).''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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