< Back to S. 1518 (113th Congress, 2013–2015)

Text of the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013

This bill was introduced on September 18, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 18, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 1518

IN THE SENATE OF THE UNITED STATES

September 18, 2013

introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

Improving outcomes for youth at risk for sex trafficking, and other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013 .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—Addressing the risks that make youth vulnerable to sex trafficking and other negative outcomes

Sec. 101. Identifying and screening youth at risk of sex trafficking.

Sec. 102. Supporting normalcy for children in foster care.

Sec. 103. Improvements to another planned permanent living arrangement as a permanency option.

Sec. 104. Restrictions on and improvements to placement in child care institutions or other settings that are not a foster family home.

Sec. 105. Redirecting funds for block grants to States for social services to improve child welfare and address issues of domestic sex trafficking.

Sec. 106. Nonapplication of cost allocation requirements for State expenditures related to identifying and screening youth at risk of sex trafficking and other negative outcomes and supporting normalcy.

Sec. 107. Information on children in foster care placed in child care institutions or other settings that are not a foster family home in annual reports using AFCARS data; consultation.

TITLE II—Empowering older youth vulnerable to domestic sex trafficking and other negative outcomes

Sec. 201. Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood.

Sec. 202. Ensuring foster youth have a birth certificate, social security card, and a bank account.

Sec. 203. Education improvements for older youth.

Sec. 204. Increased funding for housing assistance for victims of sex trafficking and other youth and additional changes to support successful transitions to adulthood through the John H. Chafee Foster Care Program.

Sec. 205. Authority for monthly caseworker visits to occur electronically for foster youth age 18 or older.

TITLE III—Miscellaneous

Sec. 301. Pilot program to support placement stability for children in therapeutic foster care.

Sec. 302. Presidential award for excellence in the field of child welfare.

Sec. 303. Determination of budgetary effects.

Sec. 304. Extension of effective date for State law amendment.

2.

Findings

Congress makes the following findings:

(1)

Recent reports on sex trafficking estimate that hundreds of thousands of children and youth 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 or youth presents as trafficked or at risk for trafficking.

(4)

Within the current foster care system, many young adults are housed in congregate care facilities or group homes, which often are targeted by traffickers.

(5)

Within the current foster care system, children and youth 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, which are endemic features of the current child welfare system, contribute to increased vulnerability for trafficking, homelessness, and other negative outcomes for children and youth in foster care.

(7)

The latest research in adolescent brain development indicates that young people learn through experience and through trial and error and 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 and youth in foster care, systemic changes need to be made to the current child welfare system that focus on—

(A)

the reduction of youth in congregate care facilities and group homes;

(B)

greater youth interaction with case planning while in foster care;

(C)

improved policies and procedures that encourage age or developmentally appropriate activities for children in foster care and permit more opportunities for such children to make meaningful and permanent connects with caring adults; and

(D)

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, and other social service providers.

I

Addressing the risks that make youth vulnerable to sex trafficking and other negative outcomes

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)

January 1, 2015, demonstrate to the Secretary that it has developed, in consultation with the child protective services agency for the State, policies and procedures for identifying and screening, and to determine appropriate State action and services, any child who the State has reasonable cause to believe 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 paragraph (9)(A) of that Act ( 22 U.S.C. 7102(9)(A) ) or is at risk of being a victim of either kind of trafficking (including at the option of the State, any individual who has not attained age 26 without regard to whether that individual is or was in foster care under the responsibility of the State); and

(ii)

January 1, 2016, demonstrate to the Secretary that it is implementing, in consultation with the child protective services agency for the State, the policies and procedures developed under clause (i).

.

102.

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 a child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth, 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, 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)
(A)

The term age or developmentally appropriate means 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.

(B)

In the case of a specific child, the term means activities or items that are suitable for that child based on the developmental stages attained by the child with respect to the child's cognitive, emotional, physical, and behavioral capacities.

.

(2)

State plan amendment

Section 471(a)(24) of the Social Security Act (42 U.S.C. 671(a)(24)) is amended—

(A)

by striking include a and inserting (A) includes a;

(B)

by striking and that such preparation and inserting that such preparation;

(C)

by inserting , and that such preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the child's participation in age or developmentally appropriate activities, including knowledge and skills relating to the developmental stages of a child's cognitive, emotional, physical, and behavioral capacities, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, and enrichment activities, including sports, field trips, and overnight activities lasting one or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from social, extracurricular, and enrichment activities before the semicolon.

(b)

Normalcy for children in child care institutions

Paragraph (10) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) 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 such 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 so established under 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 of this title 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 child's access 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 such training under paragraph (24);

(C)

that the standards so established under subparagraph (A) include policies and procedures to safeguard foster parents and private entities under contract by the State against frivolous lawsuits involving the application of the reasonable and prudent parent standard; and

(D)

that a waiver of any standards so established under 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 dates

The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act, without regard to whether regulations have been promulgated by that date to implement the amendments made by this section.

103.

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) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended by inserting only in the case of a child who has attained age 16 before (in cases where the State agency has documented.

(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 the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 475 the following new section:

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, a legal guardian, or an adoptive parent, including through efforts that utilize search technology to find biological family members for children in the child welfare system.

(2)

Redetermination of appropriateness of placement at each permanency hearing

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 shall do the following:

(A)

Ask the child if the child wants to be adopted.

(B)

Make a judicial determination of a compelling reason with respect to each of the following options for 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.

(C)

Make a new determination that another planned permanent living arrangement is the appropriate permanency plan for this child and submit findings as to why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child.

(D)

Identify the barriers to permanency plans other than another planned permanent living arrangement for the child.

(E)

Require the State agency to document at the next permanency hearing held with respect to the child the intensive, ongoing, efforts made by the State agency to address such barriers and allow a different permanency plan for the child.

(3)

Demonstration of support for engaging in age or developmentally appropriate activities and social events

The State agency shall appear before the court or administrative body appointed or approved by the court and demonstrate, not less frequently than every 6 months while the child is placed in another planned permanent living arrangement—

(A)

the steps the State agency is taking, including with respect to reducing barriers such as paper work or other documentation, to ensure the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including social events; and

(B)

that an individual, other than a caseworker, is the caregiver for the child for purposes of the reasonable and prudent parent standard, including with respect to authority for signing permission slips and giving informal permission for the child to participate in age or developmentally appropriate activities, including social events.

.

(2)

Conforming amendments

(A)

State plan requirements

(i)

Part B

Section 422(b)(8)(A)(ii) of the Social Security 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 the Social Security 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 section 475(5) and 475A .

(B)

Definitions

Section 475 of the Social Security 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), as amended by section 102(a)(1) and subsection (a)(1), is amended—

(I)

by inserting , as of the date of the hearing, after compelling reason for determining; and

(II)

by inserting subject to the requirements of section 475A(a), after another planned permanent living arrangement,.

(c)

Collected child support directed to the youth

(1)

Foster youth in another planned permanent living arrangement

Section 457(e)(1) of the Social Security Act ( 42 U.S.C. 657(e)(1) ) is amended by inserting unless the permanency plan for the child is another planned permanent living arrangement, in which case the amounts collected (without any reimbursement to the Federal Government) shall be deposited in an account established in the child's 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 )) and used at the discretion of the child (and, until the child attains age 18, in consultation with the child's caregiver) for payment of fees or other costs attributable to the child's participation in age or developmentally appropriate activities before the semicolon.

(2)

Former foster youth who have aged out of foster care

Section 457 of the Social Security Act ( 42 U.S.C. 657 ) is amended—

(A)

in subsection (a), in the matter preceding paragraph (1), by striking (d) and (e) and inserting (d), (e), and (f) ; and

(B)

by adding at the end the following new subsection:

(f)

Youth age 18 or older in foster care

Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child who is in foster care under the responsibility of the State on the date the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) shall be paid to the child (without any reimbursement to the Federal Government).

.

(d)

Effective dates

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.

(2)

Delay of child support amendment permitted if state legislation required

In the case of a State plan approved under section 454 of the Social Security Act which requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (c), the State plan shall not be regarded as failing to comply with the additional requirements solely on the basis of the failure of the plan to meet the 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 Act. 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.

104.

Restrictions on and improvements to placement in child care institutions or other settings that are not a foster family home

(a)

Requirements for placement

Section 475(5)(A) of the Social Security Act ( 42 U.S.C. 675(5)(A) ) is amended—

(1)

in clause (i), by striking , and and inserting a semicolon;

(2)

in clause (ii), by striking the comma at the end and inserting ; and; and

(3)

by adding at the end the following:

(iii)

if the child is to be placed in a child care institution, an emergency group setting that is expected to last for more than 15 days, or any other setting that is not a foster family home, the State agency must appear before a court and verify that—

(I)

a family group decisionmaking meeting was held at which it was determined that such placement is in the best interests of the child; or

(II)

efforts have been made (by an individual experienced in using intensive search technology) to locate relatives or other potential guardians for the child but that those family-finding efforts, while ongoing, have thus far been unsuccessful in locating an alternative placement; and

(iv)

within 90 days of placement of the child in the child care institution or other setting that is not a foster family home, and every 90 days thereafter while the child remains in such setting, the State agency shall—

(I)

reconsider whether such placement continues to be in the best interests of the child and supports the ongoing development of the child; and

(II)

ensure that the child's case plan is updated to reflect the result of such reconsideration;

.

(b)

Definition of foster family home

Section 472(c) of the Social Security Act (42 U.S.C. 672(c)(1)) is amended—

(1)

by striking For purposes of this part, and inserting Definitions.—For purposes of this part:; and

(2)

by striking (1) the term and all that follows through (2) the term, and inserting the following:

(1)

Foster family home

(A)

In general

The term foster family home means the home of an individual or family licensed or approved by the State in which it is situated as meeting the standards established for such licensing or approval, that provides 24-hour substitute care for children placed away from their parents or other caretakers, and that provides such care for—

(i)

not more than 3 foster children who have not attained age 2;

(ii)

not more than 4 foster children who have attained age 2 but have not attained age 5;

(iii)

not more than 4 foster children who have attained age 5 but have not attained age 13; and

(iv)

not more than 4 foster children who have attained age 13.

(B)

State flexibility

The maximum number of children permitted under a clause of subparagraph (A) may be decreased by a State and only may be increased by a State for any one or more of the following reasons:

(i)

To allow siblings to remain together.

(ii)

To allow a child with an established, meaningful relationship with the family, such as a former foster child, to remain with the family.

(iii)

To allow a family to provide care to a child who has a severe emotional or physical disability.

(2)

Child care institution

The term

.

(c)

Reduction in federal match for placement in a setting other than a foster family home

Section 474 of the Social Security Act ( 42 U.S.C. 674 ) is amended—

(1)

in subsection (a)(1), by inserting subject to subsection (h) before an amount equal to the Federal; and

(2)

by adding at the end the following:

(h)

Reduced federal matching percentage for placement in a setting other than a foster family home

(1)

In general

Notwithstanding subsection (a) and any regulations promulgated under section 1123A(b)(3), no Federal payment shall be made under subsection (a)(1) for amounts expended during a quarter for foster care maintenance payments under section 472 for any child in a congregate care placement for—

(A)

in the case of a child who has not attained age 13, more than 15 consecutive or nonconsecutive days; and

(B)

in the case of a child who has attained age 13, more than 365 consecutive days or 548 nonconsecutive days, whichever occurs first.

(2)

Determinations of age of children and length of placements

(A)

In general

The Secretary shall make determinations relating to the age of children and length of congregate care placements on the basis of the most recent best data available.

(B)

Data collection

The Secretary may require States to submit such information and data as necessary to carry out this subsection.

(3)

Definition of congregate care placement

(A)

In general

In this subsection, the term congregate care placement means placement in a child care institution or any other setting that is not a foster family home.

(B)

Exceptions

Such term does not include placement in any of the following:

(i)

A setting specializing in providing prenatal or post-partum supports for youth.

(ii)

A setting specializing in providing supports for parenting teens.

(iii)

In the case of a child who has attained 18 years of age, a supervised setting in which the child is living independently.

(iv)

In the case of a child with a severe physical disability, an institution specializing in treatment for children with such disabilities.

(v)

An emergency placement in a setting that is not a foster family home that does not exceed 15 days.

.

(d)

Effective date

The amendments made by this section take effect on October 1, 2015.

105.

Redirecting funds for block grants to States for social services to improve child welfare and address issues of domestic sex trafficking

(a)

Repeal of block grants to states for social services

Sections 2001 through 2004 and sections 2006 and 2007 of the Social Security Act (42 U.S.C. 1397–1397c, 1397e–1397f) are repealed.

(b)

Child welfare services programs

(1)

Redirecting funding

Section 425 of the Social Security Act ( 42 U.S.C. 625 ) is amended—

(A)

in the section heading, by inserting ; RESERVATION OF CERTAIN AMOUNTS after APPROPRIATIONS ;

(B)

by inserting (a) before To;

(C)

by striking 2016. and inserting 2014, and $725,000,000 for each of fiscal years 2015 through 2016. ; and

(D)

by adding at the end the following:

(b)

From the amounts specified in subsection (a) for a fiscal year (beginning with fiscal year 2015), the Secretary shall reserve $400,000,000 for payments to States from allotments under section 423(f).

.

(2)

Required use of redirected funding

(A)

Purposes

Section 421 of the Social Security Act ( 42 U.S.C. 621 ) is amended—

(i)

in paragraph (2), by inserting , including the domestic sex trafficking of children after children;

(ii)

in paragraph (4), by striking and after the semicolon;

(iii)

by redesignating paragraph (5) as paragraph (6); and

(iv)

by inserting after paragraph (4), the following:

(5)

providing funding to support implementation of the reasonable and prudent parent standard and the participation of children in foster care, adoptive, or kinship care families in age or developmentally appropriate activities; and

.

(B)

Allotments to states

Section 423 of the Social Security Act ( 42 U.S.C. 623 ) is amended—

(i)

in subsection (a), by striking The sum appropriated pursuant to section 425 for each fiscal year shall be allotted by the Secretary and inserting From the amount described in section 425(a) for any fiscal year that remains after applying section 425(b) for the fiscal year, the Secretary shall make allotments to States; and

(ii)

by adding at the end the following:

(f)

Additional State allotments for exploitation prevention and normalcy

(1)

Exploitation prevention and normalcy allotments

(A)

In general

Beginning with fiscal year 2015, in addition to any allotment for a State determined under subsection (a) for a fiscal year, the Secretary shall determine for each State for which an allotment is made under that subsection for the fiscal year, an additional allotment equal to the sum of—

(i)

the exploitation prevention amount determined for the State for the fiscal year under paragraph (2); and

(ii)

the normalcy support amount determined for the State for the fiscal year under paragraph (3).

(B)

Use of allotment amounts

(i)

In general

The exploitation prevention amount of a State allotment made under this subsection for a fiscal year shall only be used by a State to carry out the purpose described in section 421(2) in accordance with clause (ii) and the normalcy support amount of a State allotment made under this subsection for a fiscal year shall only be used to carry out the purpose described in section 421(5) in accordance with clause (iii).

(ii)

Permissive uses for exploitation prevention funds

In addition to other activities to prevent the neglect, abuse, or exploitation of children, funds made available from the exploitation prevention amount of a State allotment made under this subsection for a fiscal year may be used for any or all of the following:

(I)

Establishment of a hotline uniquely prepared to receive calls from youth in foster care, or other youth, concerning neglect, sexual or physical abuse, or exploitation, and whose staff, which may include trained foster care alumni, are equipped to provide such youth with guidance and reassurance related to reporting such neglect, abuse, or exploitation, and are able to offer other supports (including appropriate referrals for mental health or law enforcement services) for such youth.

(II)

Healthy relationship training for youth.

(III)

Efforts to identify prior child sex abuse among children and youth brought to the attention of the child welfare agency and to provide treatment and services, including mental health treatment needed as a result of being trafficked, to enable such children and youth to recover, including through support of non-profit agencies, such as children’s advocacy centers, that provide comprehensive treatment and services to child victims of sexual abuse.

(IV)

Activities related to identifying and preventing labor trafficking of children in foster care.

(V)

Treatment for victims of trafficking and sexual abuse that recognizes the pervasiveness of trauma and makes a commitment to identify and address it early, seeks to understand the connection between presenting symptoms and behaviors and an individual's past trauma history, and provides trauma-specific treatment that is developmentally focused and specialized as needed to address complex trauma-related consequences.

(iii)

Uses for normalcy support funds

(I)

Required and permissive uses

Funds made available from the normalcy support amount of a State allotment made under this subsection for a fiscal year shall be used for any or all of activities described in subclause (II) and any or all of the costs described in subclause (III) and may be used for activities described in subclause (IV).

(II)

Implementation of the reasonable and prudent parent standard

Activities related to implementation of the reasonable and prudent parent standard, including (but not limited to) any of the following:

(aa)

Recruitment of foster parents and training for caseworkers on how to retain and support the foster families assigned to them through the provision of an ongoing relationship with those families.

(bb)

Training for foster parents on the reasonable and prudent parent standard.

(cc)

Reviewing State licensing standards and other State or local safety certifications or provisions to ensure that such standards, certifications, and provisions do not impede the ability of children in foster care to participate in age or developmentally appropriate social, enrichment, and extracurricular activities.

(dd)

Removing barriers to full application of the reasonable and prudent parenting standard and to normalcy for children in foster care.

(ee)

Developing a list of age or developmentally appropriate activities and other information to assist caregivers in the application of the reasonable and prudent parenting standard.

(ff)

Reviewing liability provisions in the State to clarify the ability of caregivers to apply the reasonable and prudent parenting standard while continuing to ensure their accountability.

(gg)

Training on identification of prior sexual abuse, keeping children safe from sexual abuse, and keeping children and youth safe from trafficking.

(III)

Participation fees, transportation, and other normalcy-related costs

To pay directly, or to reimburse, payment for any trips fees, uniforms, materials, or costs associated with the participation of children in foster care, or, at the discretion of the State, in kinship care or guardianship arrangements, in age or developmentally appropriate activities, including entertainment or recreational activities that are age or developmentally appropriate and typical for children in the general public, to pay for costs associated with permitting age or developmentally appropriate access of children in foster care to cell phones and computers, and to pay for costs associated with providing transportation for children in foster care to and from part-time employment.

(IV)

Educational stability

Activities related to complying with the requirements of section 471(a)(30) and paragraphs (1)(G) and (4)(A) of section 475, as added by section 204 of the Fostering Connections to Success and Increasing Adoptions Act of 2008 ( Public Law 110–351 ).

(iv)

Rule of construction

Expenditures from the normalcy support amount of a State allotment made under this subsection for a fiscal year that are described in clause (iii)(II) shall not be considered to be expenditures for foster care maintenance payments under this part.

(C)

Evaluation and report on uses for exploitation prevention funds

The Secretary shall conduct, by grant, contract, or interagency agreement, an evaluation of the activities carried out with funds made available from the exploitation prevention amount of State allotments made under this subsection and, not later than October 1, 2018, shall submit a report to Congress that includes best practices for the use of such funds.

(2)

Determination of exploitation prevention amount

With respect to a State and a fiscal year, the exploitation prevention amount is equal to the product of $200,000,000 and the ratio of—

(A)

the amount of the allotment determined under subsection (a) for the State for the fiscal year (without regard to any amounts reallotted to the State under subsection (e) for the year); to

(B)

the sum of the allotments determined for all States for the fiscal year under subsection (a) (as so determined).

(3)

Determination of normalcy support amount

With respect to a State and a fiscal year, the normalcy support amount is equal to the product of $200,000,000 and the ratio of—

(A)

the amount of the allotment determined under subsection (a) for the State for the fiscal year (without regard to any amounts reallotted to the State under subsection (e) for the year); to

(B)

the sum of the allotments determined for all States for the fiscal year under subsection (a) (as so determined).

(4)

Reallotment of funds

The amount of any allotment made to a State for a fiscal year under this subsection which the State certifies to the Secretary will not be required for carrying out the purposes specified in paragraph (1)(B), shall be reallotted to other States in the same manner as unused amounts of allotments made under subsection (a) are reallotted under subsection (e). Amounts reallotted to a State under this paragraph shall be deemed to be part of the allotment made to the State under this subsection for a fiscal year and only may be used to carry out the purposes specified in paragraph (1)(B).

.

(C)

Payments to states

Section 424 of the Social Security Act ( 42 U.S.C. 624 ) is amended—

(i)

in subsection (a)

(I)

by striking allotment and inserting allotments; and

(II)

by striking section 422 an and inserting section 422, and in addition, from the allotment made under section 423(f), each State that has such a plan shall be entitled to payment, of a total;

(ii)

in subsection (b)(2)

(I)

by striking the allotment and inserting each of the allotments; and

(II)

by striking amount each place it appears and inserting total amount; and

(iii)

in paragraphs (1)(B) and (2)(B) of subsection (f), by striking subsection (a) for the fiscal year each place it appears, and inserting the portion of the payment made to a State for the fiscal year under this section that is attributable to the allotment determined under section 423(a) .

(D)

Payments to indian tribal organizations

Section 428(b) of the Social Security Act ( 42 U.S.C. 628(b) ) is amended by inserting under subsection (a) or (f) of before section 423 .

(c)

Promoting safe and stable families

(1)

Redirecting funding

Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended by striking 2016. and inserting 2014, and $1,095,000,000 for each of fiscal years 2015 through 2016. .

(2)

Required use of portions of redirected funding

(A)

Inclusion of residential family treatment programs, intensive family-finding, and prevention of domestic violence in family preservation services

Section 431(a) of the Social Security Act ( 42 U.S.C. 629a(a) ) is amended—

(i)

in paragraph (1)

(I)

in subparagraph (E), by striking and after the semicolon;

(II)

in subparagraph (F), by striking the period at the end and inserting a semicolon; and

(III)

by adding at the end the following:

(G)

residential family treatment programs;

(H)

intensive family-finding efforts that utilize search technology developed by public or private entities and coordinated efforts with public and private entities to locate and reestablish relationships with biological family members or other guardians for children in the child welfare system, and once identified, work to reestablish those relationships and explore ways to find a permanent family placement for the children;

(I)

services designed to identify and address domestic violence that endangers children and results in the placement of children in foster care.

; and

(ii)

by adding at the end the following:

(10)

Residential family treatment program

The term residential family treatment program means a program that enables parents and their children to live in a safe environment for a period of not less than 6 months and provides, on-site or by referral, substance abuse treatment services, children's early intervention services, family counseling, medical, and mental health services, nursery and pre-school, and other services that are designed to provide comprehensive treatment that supports the family.

.

(B)

Reservation of funds

Section 436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended by adding at the end the following:

(6)

Support for preserving intact families, including through residential family treatment programs

(A)

Reservation

The Secretary shall reserve $200,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f).

(B)

Use of funds

A State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to provide family preservation services and shall use at least 10 percent of such amount for providing such services through residential family treatment programs.

(7)

Post-permanency services

(A)

Reservation

The Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f).

(B)

Use of funds

A State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to provide post-permanency services, including with respect to family reunification, guardianship, and adoption.

(8)

Therapeutic services

(A)

Reservation

The Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f).

(B)

Use of funds

A State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to provide services to parents and foster families that are similar to the services provided in therapeutic foster care programs for parents and foster families.

(9)

Family connection grants

The Secretary shall reserve $15,000,000 for each of fiscal years 2015 through 2016 for awarding grants under section 427.

.

(C)

Conforming amendment

Section 436(b)(3) of the Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking After applying and all that follows through percent and inserting The Secretary shall reserve $9,150,000.

(3)

Payment to states

Section 434(a) of the Social Security Act (42 U.S.C. 629d(a)) is amended—

(A)

in paragraph (1)(B), by striking and after the semicolon;

(B)

in paragraph (2)(B), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(3)

the lesser of —

(A)

75 percent of the total expenditures by the State in accordance with paragraphs (6)(B), (7)(B), and (8)(B), respectively, of section 436(b) during the fiscal year or the immediately succeeding fiscal year; or

(B)

the allotment amount of the State under section 433(f) for the fiscal year.

.

(4)

Allotment

Section 433 of the Social Security Act ( 42 U.S.C. 629c ) is amended by adding at the end the following:

(f)

Allotment of funds reserved To support preserving intact families, including through residential family treatment programs

(1)

Territories

From the amounts reserved pursuant to paragraphs (6), (7), and (8), respectively, of section 436(b) for any fiscal year, the Secretary shall allot, separately with respect to each such amount reserved, to each jurisdiction specified in subsection (b) of this section, an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 423 (without regard to the initial allotment of $70,000 to each State).

(2)

Other states

From the amounts reserved pursuant to paragraphs (6), (7), and (8), respectively, of section 436(b) for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Secretary shall allot, separately with respect to each such amount reserved, to each State (other than an Indian tribe) not specified in subsection (b) of this section, an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, subsection (f)(2) shall be substituted for such paragraph (1) .

.

(5)

State plan requirements

Section 432(a) of the Social Security Act (42 U.S.C. 629b(a)) is amended—

(A)

in paragraph (4), by inserting (other than expenditures by the State from funds reserved under paragraphs (6), (7), (8), and (9) respectively, of section 436(b) after the remaining expenditures; and

(B)

in paragraph (8)(B)

(i)

in clause (i), by inserting , and specifically the planned expenditures by the State in accordance with paragraphs (6)(B), (7)(B), and (8)(B), respectively, of section 436(b) before the semicolon; and

(ii)

in clause (ii), by inserting , and specifically with respect to the services and programs for which funds are reserved under paragraphs (6), (7), and (8), respectively, of section 436(b), after subpart 1 .

(d)

Court improvement program

(1)

Redirecting funding

Section 436(b)(2) of the Social Security Act (42 U.S.C. 629f(b)(2)) is amended by striking $30,000,000 and inserting $180,000,000.

(2)

Additional responsibilities

Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended—

(A)

in paragraph (1)(A), by inserting , including the requirements under section 471(a)(9)(C) relating to protecting children from domestic sex trafficking) after E;

(B)

in paragraph (2)

(i)

in subparagraph (A), by inserting , and to ensure collaboration between the courts, child welfare agencies, law enforcement, Court Appointed Special Advocates, and social service agencies in the identification, prevention, and intervention of domestic sex trafficking of children after concurrent planning;

(ii)

by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; and

(iii)

by inserting after subparagraph (A), the following:

(B)

to coordinate between court, child welfare, law enforcement, and social service agencies with respect to the recruitment, encouragement, and retention of foster and adoptive parents, guardians and relative caregivers who are willing and able to meet the reasonable and prudent parent standard;

(C)

to ensure that court processes encourage and facilitate participation in age or developmentally appropriate activities by youth in foster care and enhance the opportunities of such youth to make positive connections with their peers, their siblings and with caring adults;

; and

(C)

in paragraph (4)

(i)

in subparagraph (A), by striking cases; and and inserting cases, including on the reasonable and prudent parent standard for caregivers and improved oversight of such cases where another planned permanent living arrangement is the permanency plan;;

(ii)

by redesignating subparagraph (B) as subparagraph (C) and realigning the left margin so as to align with paragraph (4); and

(iii)

by inserting after subparagraph (A), the following:

(B)

to provide for the training of court, child welfare, law enforcement, Court Appointed Special Advocates, and social service agencies personnel on the identification, prevention, and intervention of domestic sex trafficking; and

.

(3)

Reservation of funds

Section 438(c)(3)(A) of such Act ( 42 U.S.C. 629h(c)(3)(A) ) is amended—

(A)

in clause (i), by striking $9,000,000 and inserting $129,000,000;

(B)

in clause (iii), by striking $10,000,000 and inserting $35,000,000; and

(C)

in clause (iv), by striking $1,000,000 and inserting $6,000,000.

(4)

Implementation assistance

Section 426 of such Act ( 42 U.S.C. 626 ) is amended—

(A)

in the section heading, by inserting ; TECHNICAL ASSISTANCE ; and

(B)

by adding at the end the following:

(d)

Implementation of policies and procedures for protection of children from domestic sex trafficking and other negative outcomes

Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2015, $49,000,000, to remain available until expended, for the purpose of providing technical assistance to child welfare agencies, each highest State court that receives funds under section 438, and law enforcement agencies in implementing the requirements under section 471(a)(9)(C) (relating to protecting children from domestic sex trafficking). The Secretary shall consult with the Attorney General on the provision of technical assistance under this subsection.

.

(e)

Conforming amendments

(1)

Title XX

Title XX of such Act ( 42 U.S.C. 1397 et seq. ) is amended—

(A)

in the title heading, by striking BLOCK GRANTS TO STATES FOR SOCIAL SERVICES and inserting HEALTH PROFESSIONS DEMONSTRATIONS, ENVIRONMENTAL HEALTH CONDITION DETECTION, ;

(B)

in the heading for subtitle A, by striking Block Grants to States for Social Services and inserting Health Professions Demonstrations and Environmental Health Condition Detection ;

(C)

by redesignating sections 2005, 2008, and 2009 as sections 2001, 2002, and 2003 respectively;

(D)

in section 2002(d)(2) (as redesignated by subparagraph (C)), by striking Section 2005(a) and inserting Section 2001(a) ; and

(E)

in section 2003(f)(2) (as so redesignated), by striking Section 2005(a) and inserting Section 2001(a) .

(2)

TANF transfer authority

(A)

In general

Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended to read as follows:

(d)

Authority To use portion of grant for other purposes

(1)

In general

Subject to paragraph (2), a State may use not more than 30 percent of the amount of any grant made to the State under section 403(a) for a fiscal year for any or all of the following:

(A)

To develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation under section 721 of the Older Americans Act of 1965.

(B)

To carry out a State program pursuant to the Child Care and Development Block Grant Act of 1990.

(C)

To provide special services for persons with developmental or physical disabilities, or persons with visual or auditory impairments, to maximize the potential of such persons and to enable such persons to live in the least restrictive environment possible. Such services may include personal and family counseling, respite care, family supports, recreation, transportation, aid to assist with independent functioning in the community, training in mobility, communication skills, the use of special aids and appliances, and self-sufficiency skills. Residential and medical services may be included only as an integral but subordinate part of such services.

(2)

Applicable rules

Any amount paid to a State under this part that is used to carry out a program or special services specified in paragraph (1) shall not be subject to the requirements of this part, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program, or, in the case of special services described in paragraph (1)(C), in accordance with such reporting and other requirements as the Secretary shall specify, and the expenditure of any amount so used shall not be considered to be an expenditure under this part.

.

(3)

Other conforming amendments

(A)

Section 422(b) of the Social Security Act ( 42 U.S.C. 622(b) ) is amended—

(i)

in paragraph (1)(A)

(I)

by striking administers or supervises and inserting administered or supervised; and

(II)

by striking subtitle 1 of title XX and inserting subtitle A of title XX (as in effect before the repeal of such subtitle); and

(ii)

in paragraph (2), by striking under subtitle 1 of title XX,.

(B)

Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended—

(i)

in paragraph (4), by striking , under subtitle 1 of title XX of this Act,; and

(ii)

in paragraph (8), by striking XIX, or XX and inserting or XIX.

(C)

Section 472(h)(1) of such Act ( 42 U.S.C. 672(h)(1) ) is amended by striking the second sentence.

(D)

Section 473(b) of the Social Security Act ( 42 U.S.C. 673(b) ) is amended—

(i)

in paragraph (1), by striking (3) and inserting (2);

(ii)

in paragraph (4), by striking paragraphs (1) and (2) and inserting paragraph (1) ; and

(iii)

by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(E)

Section 1128(h) of the Social Security Act ( 42 U.S.C. 1320a–7(h) ) is amended—

(i)

by adding or at the end of paragraph (2); and

(ii)

by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

(F)

Section 1128A(i)(1) of such Act (42 U.S.C. 1320a–7a(i)(1)) is amended by striking or subtitle 1 of title XX of this Act.

(G)

Section 1132(a)(1) of the Social Security Act ( 42 U.S.C. 1320b–2(a)(1) ) is amended by striking XIX, or XX and inserting or XIX.

(H)

Section 1902(e)(13)(F)(iii) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(F)(iii) ) is amended—

(i)

by striking Exclusions and inserting Exclusion ; and

(ii)

by striking an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or.

(I)

Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking , or title XX,.

(J)

Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).

(K)

Section 245A(h)(4)(I) of the Immigration Reform and Control Act of 1986 ( 8 U.S.C. 1255a(h)(4)(I) ) is amended by striking , XVI, and XX and inserting and XVI.

(L)

Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended—

(i)

in subsection (a)(2)

(I)

in subparagraph (B)

(aa)

by striking and all that follows through (i);

(bb)

by striking or at the end of clause (i); and

(cc)

by striking clause (ii); and

(II)

in subparagraph (D)(ii), by striking or title XX; and

(ii)

in subsection (o)(2)(B)

(I)

by striking or title XX each place it appears; and

(II)

by striking or XX.

(M)

Section 201(b) of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1931(b) ) is amended by striking titles IV–B and XX each place it appears and inserting part B of title IV.

(N)

Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause (vi) and redesignating clauses (vii) through (xvi) as clauses (vi) through (xv), respectively.

(O)

Section 14502(d)(3) of title 40, United States Code, is amended—

(i)

by striking and title XX; and

(ii)

by striking , 1397 et seq..

(P)

Section 2006(a)(15) of the Public Health Service Act ( 42 U.S.C. 300z–5(a)(15) ) is amended by striking and title XX.

(Q)

Section 203(b)(3) of the Older Americans Act of 1965 ( 42 U.S.C. 3013(b)(3) ) is amended by striking XIX, and XX and inserting and XIX.

(R)

Section 213 of the Older Americans Act of 1965 ( 42 U.S.C. 3020d ) is amended by striking or title XX.

(S)

Section 306(d) of the Older Americans Act of 1965 ( 42 U.S.C. 3026(d) ) is amended in each of paragraphs (1) and (2) by striking titles XIX and XX and inserting title XIX.

(T)

Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended in each of subsections (b)(4) and (j) by striking under title XX of the Social Security Act,.

(U)

Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 ( 42 U.S.C. 10901 ) is repealed.

(V)

Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by striking subparagraph (C) and redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J), respectively.

(f)

Effective date

The repeals and amendments made by this section take effect on October 1, 2014.

106.

Nonapplication of cost allocation requirements for State expenditures related to identifying and screening youth at risk of sex trafficking and other negative outcomes and supporting normalcy

(a)

In general

Section 474 of the Social Security Act ( 42 U.S.C. 674 ), as amended by section 104(b), is amended by adding at the end the following:

(i)

Elimination of cost allocation requirements for expenditures related to identifying and screening youth at risk of sex trafficking and other negative outcomes and supporting normalcy

(1)

In general

The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures submitted by a State under subparagraphs (A) and (B) of subsection (a)(3) for training related to the requirements described in paragraph (2), and all expenditures submitted by a State under subsection (a)(3)(E) for activities related to the development and implementation of requirements described in paragraph (2), without regard to whether individuals participating in such activities include individuals providing care or services for children for whom assistance may be provided under this part.

(2)

Requirements

The requirements described in this paragraph are the following:

(A)

The requirements of paragraph (9)(C) of section 471(a) (relating to identifying and screening youth at risk for sex trafficking).

(B)

The reasonable and prudent parent standard, as defined in section 475(9) and implemented under paragraphs (10) and (24) of section 471(a).

(C)

The requirements of section 477(b)(3)(D) (related to training on youth development to help caregivers and caseworkers understand and address issues confronting youth preparing for a successful transition to adulthood).

.

(b)

Effective date

The amendment made by subsection (a) takes effect on October 1, 2014.

107.

Information on children in foster care placed in child care institutions or other settings that are not a foster family home in annual reports using AFCARS data; consultation

(a)

In general

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; and

(4)

by adding at the end the following:

(7)

include in the report submitted pursuant to paragraph 5 for fiscal year 2015 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 such 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 such settings (including for children who have a permanency plan of another planned permanent living arrangement);

(C)

the types of child care institutions used (including, but not limited to, 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; and

(E)

any clinically diagnosed special need of such children; and

(8)

include in the report submitted pursuant to paragraph 5 for fiscal year 2015 or any succeeding fiscal year, State-by-State data on children in foster care who are pregnant or parenting teens.

; 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.

.

(b)

GAO report on shelter care placements

The Comptroller General of the United States shall review State placements of children at risk for foster care placement and of children in foster care in emergency and non-emergency shelter care, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress that includes the following:

(1)

Information relating to the prevalence of such placements.

(2)

The Federal and State expenditures for such placements for the most recent year for which data is available.

(3)

Information relating to the length of placements in shelter care.

(4)

With respect to children for whom shelter care is the initial placement for the child, an analysis of the effect of that placement on the permanency outcomes for such children.

(5)

Such additional information, including recommendations for administrative or legislative action, as the Comptroller General determines appropriate.

II

Empowering older youth vulnerable to domestic sex trafficking and other negative outcomes

201.

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 age 14, the plan developed under this paragraph for the child, the permanency plan required for the child under paragraph (5)(C), and any revisions or additions to such plans, 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 the child's foster parent or caseworker. 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 youth 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 age 14; and

(2)

in paragraph (5)

(A)

in subparagraph (C), by striking 16 and inserting 14; 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 the Social Security Act, as added by section 103(b)(1), is amended by adding at the end the following new subsection:

(b)

List of rights

The case plan for any child in foster care under the responsibility of the State or with respect to whom adoption or kinship guardianship, assistance is made available under this part, who has attained age 14 shall include a written document that describes the child's rights 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 them with a written copy of such document.

.

(e)

Report

Not later than 2 years after the date of 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 requirement of section 475(1)(B) of the Social Security Act, as amended by subsection (a) of this Act, to permit a child in foster care who has attained age 14 to select up to 2 members of the child's case planning team from individuals who are not the child's foster parent or caseworker; and

(2)

a description of best practices of States with respect to the administration of such requirement.

202.

Ensuring foster youth have a birth certificate, Social Security card, 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 before the period, the following: and is not discharged from care without being provided with an official birth certificate, a social security card issued by the Commissioner of Social Security, and 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 child's 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 child's selected members of the child's case planning team (if any), elects to not have such an account established.

(b)

Penalty for noncompliance

Section 474 of the Social Security Act (42 U.S.C. 674), as amended by sections 104(b) and 106(a), is amended by adding at the end the following:

(j)

Reduced federal matching percentage for administration for failure To ensure foster youth have a birth certificate, social security card, and a bank account

If the Secretary finds with respect to a fiscal year quarter that a State has failed to comply with the requirement under section 475(5)(I) to provide each child in foster care under the responsibility of the State with an official birth certificate, a social security card issued by the Commissioner of Social Security, and 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 child's 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 )) before the child is discharged from such care, (unless the child elects, after consultation with the child's selected members of the child's case planning team (if any), to not have such an account established) then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the Federal matching percentage for expenditures described in subsection (a)(3)(E) for the succeeding fiscal year quarter by 1 percentage point for every multiple of 10 children for whom the Secretary determines the State failed to comply with such requirements (but not to exceed 25 percentage points).

.

(c)

Effective date

The amendments made by this section take effect on October 1, 2015.

203.

Education improvements for older youth

(a)

Expanding and clarifying the use of education and training vouchers

(1)

In general

Section 477(i)(3) of the Social Security Act (42 U.S.C. 677(i)(3)) is amended—

(A)

by striking on the date and all that follows through 23 and inserting to remain eligible until they attain 26; and

(B)

by inserting , but in no event may a youth participate in such program for more than 5 years (whether or not such years are consecutive) before the period.

(2)

Conforming amendments

Section 477(i) of such Act ( 42 U.S.C. 677(i) ), as amended by paragraph (1), is amended—

(A)

in paragraph (1), by inserting who have attained age 16 before the period;

(B)

by striking paragraphs (2) and (6); and

(C)

by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.

(3)

Effective date

The amendments made by this subsection take effect on October 1, 2014.

(b)

Promoting awareness of Federal financial aid and other post-Secondary supports or services for youth in, or formerly in, foster care

(1)

Information clearinghouse

(A)

In general

The Secretary of Health and Human Services and the Secretary of Education (in this subsection referred to as the Secretaries) shall jointly develop and administer an information clearinghouse that contains the information described in subparagraph (B) relating to youth in foster care under the responsibility of a State, youth for whom adoption assistance payments or kinship guardianship assistance payments are made under section 473 of the Social Security Act ( 42 U.S.C. 673 ), and youth who were formerly in foster care and shall engage in outreach activities to make such youth aware of the such information.

(B)

Information described

The clearinghouse established under this subsection shall provide information on the following:

(i)

Federal financial aid available for youth described in subparagraph (A).

(ii)

Any special Federal financial aid rules that may apply to such youth, including treatment as an independent student in accordance with section 480(d)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d)(1)(B) ).

(iii)

The Free Application for Federal Student Aid (FAFSA), including questions and provisions specific to such youth.

(iv)

Any Federal post-secondary education supports or services available to such youth, including through the Federal TRIO programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.) and demonstration projects provided with support or assistance from the Fund for the Improvement of Postsecondary Education established under section 741 of such Act ( 20 U.S.C. 1138 ).

(v)

The vouchers available for education and training under the John H. Chafee Foster Care Independence Program in accordance with section 477(i) of the Social Security Act ( 42 U.S.C. 677(i) ).

(vi)

Such additional information as the Secretaries determine appropriate.

(C)

Implementation

The information clearinghouse required under subparagraph (A) shall be established and accessible by the public not later than the date that is 6 months after the date of enactment of this Act. The Secretaries shall collaborate with respect to the collection and dissemination of information in the clearinghouse to the public and shall regularly update such information.

(D)

Funding

There is appropriated to carry out this paragraph , $1,000,000 for fiscal year 2015 and each fiscal year thereafter, to remain available until expended.

(2)

Title IV–E state plan amendment

Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended—

(A)

in paragraph (32), by striking and after the semicolon;

(B)

in paragraph (33), by striking the period at the end and inserting ; and; and

(C)

by inserting after paragraph (33), the following:

(34)

provides that the State agency regularly shall provide children in foster care under the responsibility of the State, children for whom adoption assistance payments or kinship guardianship assistance payments are made under section 473, and children who were formerly in foster care with notice of, and access to, the information clearinghouse of Federal financial aid and other post-secondary supports or services for former foster youth established under section 203(b) of the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013 .

.

204.

Increased funding for housing assistance for victims of sex trafficking and other youth and additional changes to support successful transitions to adulthood through the John H. Chafee Foster Care Program

(a)

Housing assistance for victims of sex trafficking and other youth

Section 477(a)(5) of the Social Security Act ( 42 U.S.C. 677(a)(5) ) is amended to read as follows:

(5)
(A)

to provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 16 and 26 years of age so that those individuals can take on increasing and age or developmentally appropriate responsibilities and have the ability to form and maintain appropriate and healthy relationships; and

(B)

to provide housing assistance to youth who have aged out of foster care, who have not attained age 26, and who are pregnant, parenting, or 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 paragraph (9)(A) of that Act ( 22 U.S.C. 7102(9)(A) ) or are at risk of being a victim of either kind of trafficking;

.

(b)

Funding

(1)

In general

Section 477 of the Social Security Act ( 42 U.S.C. 677 ) is amended by adding at the end the following:

(k)

Funding for housing assistance for victims of sex trafficking and other youth and for education and training vouchers

In addition to any other amounts made available under subsection (h) to carry out this section, there are appropriated for each fiscal year—

(1)

for payments under section 474(a)(4), $440,000,000, which shall be available only to carry out the purposes described in subsection (a)(5)(B) and allotted to States in accordance with subsection (c)(5); and

(2)

for payments under section 474(e), $60,000,000, which shall be allotted to States under subsection (c)(3) for education and training vouchers for youth who age out of foster care in the same manner as amounts appropriated pursuant to subsection (h)(2) are allotted to States for such vouchers.

.

(2)

State allotments

(A)

In general

Section 477(c) of such Act ( 42 U.S.C. 677(c) ) is amended—

(i)

in paragraph (3)

(I)

by inserting and the amount appropriated under subsection (k)(2) for a fiscal year after subsection (h)(2) for a fiscal year; and

(II)

by striking multiplied by the amount and inserting multiplied by the sum of the amounts; and

(ii)

by adding at the end the following:

(5)

Housing assistance allotment

In addition to other amounts allotted to States under this subsection, the Secretary shall determine a methodology for allotting the amounts made available under subsection (k)(1) for carrying out the purposes described in subsection (a)(5)(B) to those States that satisfy the requirements of subparagraphs (F) and (J)(iii) of subsection (b)(3).

.

(B)

Conforming amendment

Section 477(b)(3)(B) of such Act (42 U.S.C. 677(b)(3)(B)) is amended by inserting paragraphs (1) and (3) of before subsection (c) .

(3)

Payments to states

Section 474 of such Act ( 42 U.S.C. 674 ) is amended—

(A)

in subsection (a)(4)(A)(ii), by striking section 477(c)(1) and inserting paragraphs (1) and (5) of section 477(c) ; and

(B)

in subsection (e)

(i)

in the subsection heading, by striking Discretionary ; and

(ii)

in the matter preceding paragraph (1), by inserting (and from amounts appropriated under section 477(k)(2), the Secretary shall make a grant to a State with a plan approved under this part) after may make a grant to a State with a plan approved under this part.

(4)

Demonstration of program coordination

Section 477(b)(3) of such Act (42 U.S.C. 677(b)(3)) is amended—

(A)

in subparagraph (F)

(i)

by striking the State will make every effort and inserting demonstrates the efforts made by the State; and

(ii)

by striking part B of title III of the Juvenile Justice and Delinquency Prevention Act of 1974) and inserting the Runaway and Homeless Youth Act), giving priority to programs with demonstrated success in serving transition aged at-risk youth, tenant-based assistance provided under the family unification program under section 8(x)(2)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(x)(2)(B) ), benefits or assistance provided under the temporary assistance for needy families program funded under part A of this title, the low-income housing credit for units occupied by students described in section 42(i)(3)(D) of the Internal Revenue Code of 1986, the programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ),; and

(B)

in subparagraph (J)

(i)

in clause (i), by striking and after the semicolon;

(ii)

in clause (ii), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(iii)

to ensure that the program is coordinated with other appropriate education and training programs, including the programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.).

.

(c)

Other improvements

Section 477 of the Social Security Act ( 42 U.S.C. 677 ), as amended by subsections (a) and (b), is amended—

(1)

in the section heading, by striking Independence and inserting Successful Transition to Adulthood ;

(2)

in subsection (a)

(A)

in paragraph (1), by striking identify and all that follows through the semicolon, and inserting support all youth that have experienced foster care and who are age 16 or older in their transition to adulthood;;

(B)

in paragraph (2), by striking who are likely and all that follows through the semicolon, and inserting who experience foster care and are age 16 or older achieve meaningful, permanent connections with a caring adult;;

(C)

in paragraph (3), by striking who are likely and all that follows through the semicolon, and inserting that experience foster care and who are age 16 and older engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience;;

(D)

in paragraph (6), by striking , to youths who have aged out of foster care; and

(E)

in paragraph (7), by inserting (other than assistance described in paragraph (5)(B)) after subsection;

(3)

in subsection (b)

(A)

in paragraph (2)(D), by striking adolescents and inserting youth; and

(B)

in paragraph (3)

(i)

in subparagraph (A), by striking 21 and inserting 26;

(ii)

in subparagraph (B), by striking 21 and inserting 26;

(iii)

in subparagraph (D)

(I)

by inserting on youth development after to provide training; and

(II)

by striking adolescents preparing for independent living and all that follows through the period and inserting youth preparing for a successful transition to adulthood and a permanent connection with a caring adult.;

(iv)

in subparagraph (H), by striking adolescents each place it appears and inserting youth; and

(v)

in subparagraph (K)

(I)

by striking an adolescent and inserting a youth; and

(II)

by striking the adolescent each place it appears and inserting the youth; and

(4)

in subsection (f), by striking paragraph (2) and inserting the following:

(2)

Report to congress

Not later than 12 months after the date of enactment of the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013 , the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the National Youth in Transition Database and any other databases in which States report outcome measures relating to children in foster care and children who have aged out of foster care or left foster care for kinship guardianship or adoption. The report shall include the following:

(A)

A description of the reasons for entry into foster care and of the foster care experiences, such as length of stay, number of placement settings, and case goal, of 17-year-olds who are surveyed by the National Youth in Transition Database and an analysis of the comparison of that description with the reasons for entry and foster care experiences of children who exit from foster care before attaining age 17.

(B)

A description of the characteristics of the individuals who report poor outcomes at ages 19 and 21 to the National Youth in Transition Database.

(C)

An analysis of the comparison of outcomes for youth who are surveyed by the National Youth in Transition Database with the outcomes for youth of the same age in the general population, particularly with respect to the how well youth who remain in foster care fare relative to their peers, and with respect to identifying benchmarks for determining what constitutes a poor outcome for youth who remain in foster care.

(D)

An analysis of the association between types of placement, number of overall placements, time spent in foster care, and other factors, and outcomes at ages 19 and 21.

(E)

An analysis of the differences in outcomes for children in foster care at age 19 and 21 among States, and of the extent to which improved outcomes are being achieved in States that have elected a higher eligibility age for foster care under section 475(8)(B)(iii).

.

(d)

Collection and dissemination of housing assistance best practices

(1)

Requirement to collect best practices

The Secretary of Health and Human Services shall collect and make publicly available information regarding best practices for providing housing assistance for youth who have aged out of foster care and for youth who are pregnant, parenting, victims of sex trafficking, or are at risk of being victims of sex trafficking.

(2)

Regulations

The Secretary shall solicit comments from States on the best practices collected and made publicly available under paragraph (1) and not later than 1 year after the date on which such best practices are first made publicly available, issue regulations based on such best practices and State comments.

(3)

Definition of sex trafficking

In this subsection, the term sex trafficking has the meaning given that term in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ) and includes a severe form of trafficking in persons described in paragraph (9)(A) of that Act ( 22 U.S.C. 7102(9)(A) ).

205.

Authority for monthly caseworker visits to occur electronically for foster youth age 18 or older

(a)

In general

Section 422(a)(17) of the Social Security Act (42 U.S.C. 622(a)(17)) is amended by inserting (which, if the child has attained age 18, may occur by telephone or using a voice over Internet Protocol) after on a monthly basis.

(b)

Effective date

The amendment made by this section takes effect on the date of enactment of this Act.

III

Miscellaneous

301.

Pilot program to support placement stability for children in therapeutic foster care

(a)

In general

Section 472 of the Social Security Act ( 42 U.S.C. 672 ) is amended by adding at the end the following:

(j)

Pilot program To support placement stability for children in therapeutic foster care

(1)

Authority

The Secretary shall conduct a pilot program under which, in the case of a child who is in a foster family home, for whom monthly foster care maintenance payments are made under this section, or on whose behalf adoption assistance payments or kinship guardianship assistance payments are being made under section 473, and who is receiving therapeutic foster care, a State shall be authorized to divide the monthly foster care maintenance payment, adoption assistance payment, or kinship guardianship assistance payment (as the case may be) in such portions as the State, in consultation with the Secretary, may elect, and to pay such portions to the child's foster or adoptive parent or parents, or relative guardian, and the therapeutic foster care program, respectively.

(2)

Participants

(A)

In general

Not more than 10 States shall be approved to participate in the pilot program established under this subsection.

(B)

Tribal programs

An Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B may be approved to participate in the program and if so approved, shall count towards the State participation limit in subparagraph (A).

(3)

Reports

The Secretary shall submit annual reports to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the pilot project established under this section. Each report submitted shall include an analysis of the extent to which the pilot program encourages placement stability for children in therapeutic foster care, together with such other information and recommendations as the Secretary determines appropriate.

.

302.

Presidential award for excellence in the field of child welfare

(a)

In general

The President, in consultation with the Secretary of Health and Human Services, may make Presidential awards to individuals contributing to excellence in the field of child welfare, including child welfare case workers, child welfare advocates, foster parents, and foster youth.

(b)

Nominations

The Governor of each State, in consultation with youth representatives and representatives of youth advocacy boards, shall nominate 2 individuals each year for the award established in subsection (a). At least one of the nominees for a year shall be a child welfare case worker. A nominee shall not be a previous recipient of an award under this section.

(c)

Selection

In any year, not more than 30 awards may be made under this section.

(d)

Presentation

The President, or his designee, shall present the awards at an appropriate ceremony in Washington, DC.

303.

Determination of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

304.

Extension of effective date for State law amendment

In the case of a State plan approved under part B or E 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 Act, 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 ends after the 1-year period beginning with the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.