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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2902 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2902
To require States to measure and publicly report on the separation of
children from parents by hidden foster care arrangements, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Mr. Cornyn (for himself and Mr. Ossoff) introduced the following bill;
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 arrangements, and for other
purposes.
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 ``Hidden Foster Care Transparency
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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 (42
U.S.C. 621 et seq., 671 et seq.) and any State, county, local,
or tribal child protective services agency.
(2) Hidden foster care arrangement.--
(A) 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 law, whether
voluntary or involuntary. Such term includes a
separation of a child that occurs--
(i) following a child protection hotline
call or during an investigation by a CPS
agency; or
(ii) 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 law, whether voluntary or
involuntary.
(B) Included arrangements.--Such term includes--
(i) any arrangement in which a CPS agency
suggests, implies, 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 parent,
or a spouse, partner, or other individual who
resides with the parent, has neglected or
abused the child; and
(ii) any arrangement commonly referred to
as ``kinship diversion,'' ``foster care
diversion,'' ``safety planning,'' ``informal
family planning,'' or ``hidden foster care'' to
the extent that such arrangement occurs without
a court order or court oversight.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' has the meaning given that
term in section 1101(a) of the Social Security Act (42 U.S.C.
1301(a)) for purposes of parts B and E of title IV of the
Social Security Act (42 U.S.C. 621 et seq., 671 et seq.).
SEC. 3. 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 (42 U.S.C. 671 et
seq.), a State shall submit to the Secretary as part of the Adoption
and Foster Care Analysis and Reporting System (42 U.S.C. 679) data that
specifies, for each such fiscal year--
(1) the number of children separated from their parents by
a hidden foster care arrangement;
(2) the number of hidden foster care arrangements that
ended without the child entering the formal foster care system;
(3) the number of hidden foster care arrangements that
ended through the placement of the child into the formal foster
care system;
(4) 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 arrangement;
(5) to the extent data is available, the number of
caregivers in a hidden foster care arrangement who received
additional services including referrals to kinship navigator
programs, prevention services programs funded under part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
671 et seq.), services provided by an entity or organization
other than a CPS agency, or to legal counsel;
(6) the result of any investigation leading to a hidden
foster care arrangement (whether an allegation is substantiated
or indicated or not substantiated or indicated;
(7) how many parents--
(A) were--
(i) provided legal counsel; or
(ii) referred to a legal services provider
before a hidden foster care arrangement began
or within 72 hours of such an arrangement; and
(B) were actually represented by legal counsel
within 72 hours of such an arrangement;
(8) the length of time children were in a hidden foster
care arrangement, including the number of children in a hidden
foster care arrangement for more than 90 days without any court
orders addressing custody;
(9) the number of children who left hidden foster care
arrangements--
(A) by reunification with the parent or guardian
from whom they were initially separated;
(B) by returning to a different parent or guardian;
or
(C) through--
(i) a kinship caregiver obtaining legal
custody or guardianship outside of the foster
care system;
(ii) entry in the foster care system and
placement with kin; and
(iii) entry in the foster care system and
placement with someone else;
(10) a list of specific services provided to parents,
children, and kinship caregivers affected by a hidden foster
care arrangement and, for each such group, the number and
specific services provided; and
(11) a list of reports of substantiated abuse or neglect
made to a CPS agency within 3, 6, 9, or 12 months after a child
is identified as being in a hidden foster care arrangement,
where the child was living at time of report.
SEC. 4. SECRETARIAL RESPONSIBILITIES.
(a) 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 3. Each
annual report shall include the following:
(1) The total number of children for whom a hidden foster
care arrangement ended during the fiscal year reported on, and
of that number--
(A) how many of the hidden foster care arrangements
ended without the child entering the formal foster care
system; and
(B) how many of the hidden foster care arrangements
ended through the placement of the child into the
formal foster care system.
(2) 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 arrangement.
(3) To the extent data is available, the number of
caregivers in a hidden foster care arrangement who received
additional services, including referrals to kinship navigator
programs, prevention services programs funded under part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
671 et seq.), services provided by an entity or organization
other than a CPS agency, or legal counsel.
(4) The number of States that submit a report under section
3 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 (42 U.S.C. 621 et seq., 671 et seq.).
(b) Implementation.--
(1) Consistent data.--The Secretary shall ensure that, to
the extent practicable, the data and information required to be
reported under section 3--
(A) is collected and reported in a reliable and
standardized manner by all States;
(B) provides a comprehensive, national picture of
the practice of hidden foster care arrangements; and
(C) draws upon and does not duplicate other
required child welfare data collection and reporting
regarding children for, or on whose behalf, prevention
services are offered, including under section
471(e)(5)(B)(x) of the Social Security Act (42 U.S.C.
671(e)(5)(B)(x)), section 479 of such Act (42 U.S.C.
679), and subparagraphs (C) and (D) of section
103(c)(1) of the Child Abuse Prevention and Treatment
Act and 106(d) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5103(c)(1), 5106a(d)).
(2) Guidance; technical assistance.--The Secretary may use
funds made available to carry out part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) to issue guidance
or provide technical assistance to States with respect to the
data and information required to be reported under section 3.
(3) Publication and manner of submission.--The Secretary--
(A) may include the report required by subsection
(a) in the annual compilation of State reports required
to be submitted to Congress under section 479A of the
Social Security Act (42 U.S.C. 679b); and
(B) shall make each report submitted to Congress in
accordance with subsection (a) publicly available.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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