Timely Mental Health for Foster Youth Act
This bill requires an initial mental health screening within 30 days after a child enters foster care. In the case of a child for whom a mental health issue is identified in such initial screening, a comprehensive assessment of the child's mental health must be completed within 60 days after the child's entry into foster care.
The Department of Health and Human Services must provide technical assistance for states to implement this requirement and collect data and report on the number of screenings completed.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 836 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 836
To amend subpart 1 of part B of title IV of the Social Security Act to
ensure that mental health screenings and assessments are provided to
children and youth upon entry into foster care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2021
Mr. Blunt (for himself, Ms. Stabenow, Mr. Boozman, and Mr. Casey)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend subpart 1 of part B of title IV of the Social Security Act to
ensure that mental health screenings and assessments are provided to
children and youth upon entry into 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 ``Timely Mental Health for Foster
Youth Act''.
SEC. 2. TIMELY MENTAL HEALTH SCREENINGS AND ASSESSMENTS FOR CHILDREN
AND YOUTH UPON ENTRY INTO FOSTER CARE.
(a) State and Tribal Plan Requirement.--Section 422(b)(15)(A) of
the Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (i), by inserting ``and that require that an
initial mental health screening of any child in foster care be
completed not later than 30 days after the date the child
enters into foster care and, in the case of any child in foster
care for whom a mental health issue is identified in such
initial screening, that a comprehensive assessment of the
mental health of the child be completed not later than 60 days
after the date the child enters into foster care'' before the
semicolon; and
(2) by striking clause (ii) and inserting the following:
``(ii) how health needs identified through
such screenings and assessments will be
monitored and treated for the duration of a
child's placement in foster care, including
through annual mental health screenings, with
respect to emotional trauma associated with a
child's maltreatment and removal from home,
and, as appropriate, follow-up assessments and
treatment;''.
(b) Technical Amendment.--Section 422(b)(15)(A) of such Act (42
U.S.C. 622(b)(15)(A)) is further amended in the matter before clause
(i), by striking ``provides'' and inserting ``provide''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1,
2020.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under subpart 1 of part B of
title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by this
section, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
section. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature.
SEC. 3. TECHNICAL ASSISTANCE TO STATES.
The Assistant Secretary for the Administration for Children and
Families and the Administrator for the Centers for Medicare & Medicaid
Services jointly shall provide technical assistance to States on how to
comply with the amendments made by section 2(a) of this Act. The
Assistant Secretary and Administrator should consult with other
relevant Federal agencies on the development of such technical
assistance, which should take into account evidence-based best
practices.
SEC. 4. DATA COLLECTION.
(a) In General.--The Secretary of Health and Human Services, in
consultation with State and local public officials responsible for
administering child welfare programs, child welfare advocates,
pediatric mental health experts, and researchers shall--
(1) identify data elements needed to track--
(A) the number of children receiving an initial
mental health screening required under section
422(b)(15)(A)(i) of the Social Security Act (42 U.S.C.
622(b)(15)(A)) (as amended by section 2(a) of this
Act);
(B) whether or not such required initial mental
health screening occurs within 30 days of a child's
entry or re-entry into foster care;
(C) the number of children who receive a follow-up
comprehensive assessment required under section
422(b)(15)(A)(i) of the Social Security Act (42 U.S.C.
622(b)(15)(A)) (as so amended);
(D) whether or not such required follow-up
comprehensive assessment occurs within 60 days of a
child's entry or re-entry into foster care;
(E) the number of children in foster care who are
referred for mental health services; and
(F) the number and characteristics of such children
who receive mental health services after being referred
for such services; and
(2) develop a plan to collect the information described in
paragraph (1) from States administering a State plan under
subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) beginning with the second fiscal year that
begins after the date of enactment of this Act.
(b) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report detailing the
plan and timetable for collecting the information described in
subsection (a)(1) from States.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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