[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8799 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8799
To amend section 439 of the Social Security Act to authorize the
funding of demonstration projects to test approaches for supporting and
improving relationships between incarcerated parents and children in
foster care, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2024
Mr. Davis of Illinois (for himself and Mr. LaHood) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend section 439 of the Social Security Act to authorize the
funding of demonstration projects to test approaches for supporting and
improving relationships between incarcerated parents and children in
foster care, 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 ``Promoting Active Relationships to
Enable Nurturing Ties Act of 2024'' or the ``PARENT Act of 2024''.
SEC. 2. MEANINGFUL RELATIONSHIPS BETWEEN FOSTER CHILDREN AND
INCARCERATED PARENTS.
Section 439 of the Social Security Act (42 U.S.C. 629i) is amended
to read as follows:
``SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION GRANTS TO
SUPPORT MEANINGFUL RELATIONSHIPS BETWEEN FOSTER CHILDREN
AND THE INCARCERATED PARENTS OF THE CHILDREN.
``(a) Authority.--
``(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop, implement,
and provide support for programs that enable and sustain
meaningful relationships between covered foster children and
the incarcerated parents of the children.
``(2) Payment of annual installments.--The Secretary shall
pay each demonstration grant in 5 annual installments.
``(3) 1-year planning grants.--The Secretary may make a
planning grant to a recipient of a demonstration grant, to be
paid to the recipient 1 year before payment of the 1st annual
installment of the demonstration grant and in an amount not
greater than any installment of the demonstration grant, if--
``(A) the recipient includes a request for a
planning grant in the application under subsection (c);
and
``(B) the Secretary determines that a planning
grant would assist the recipient and improve the
effectiveness of the demonstration grant.
``(b) Eligible State Partnership Defined.--
``(1) In general.--In this section, the term `eligible
State partnership' means an agreement entered into by, at a
minimum, the following:
``(A) The State child welfare agency responsible
for the administration of the State plans under this
part.
``(B) The State agency responsible for adult
corrections.
``(2) Additional partners.--For purposes of this section,
an eligible State partnership may include any entity with
experience in serving incarcerated parents and their children.
``(3) Partnerships entered into by indian tribes or tribal
consortia.--Notwithstanding paragraph (1), if an Indian tribe
or tribal consortium enters into a partnership pursuant to this
section that does not consist solely of tribal child welfare
agencies (or a consortium of the agencies), the partnership
shall be considered an eligible State partnership for purposes
of this section.
``(c) Application Requirements.--An eligible State partnership
seeking a demonstration grant under this section to carry out a program
described in subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. The application shall include the
following:
``(1) A summary of the program, including how the program
will support a meaningful relationship between a covered foster
child and an incarcerated parent of the child.
``(2) A description of the activities to be carried out by
the program, which must include all of the activities described
in subsection (d) that are in the best interest of the covered
foster child.
``(3) A framework for identifying--
``(A) each covered foster child eligible for
services under the program, including, to the extent
practicable, coordination of data between relevant
State child welfare agencies and court systems; and
``(B) the roles and responsibilities of the
entities in the partnership.
``(4) Documentation that the applicant is an eligible State
partnership.
``(5) Assurances that the applicant will participate fully
in the evaluation described in subsection (f)(2) and shall
maintain records for the program, including demographic
information disaggregated by relevant characteristics with
respect to covered foster children and incarcerated parents who
participate in the program.
``(d) Program Activities.--To the extent that the activities are in
the best interest of the covered foster child, the activities referred
to in subsection (c)(2) shall include the following:
``(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall promote
organizational policies of participating child welfare entities
and collaborating correctional facilities to promote meaningful
relationships through regular and developmentally appropriate
communication and visitation between covered foster children
and the incarcerated parents, including, when appropriate, the
following:
``(A) For child welfare entities--
``(i) inclusion of parents in case planning
and decision making for children;
``(ii) regular sharing of information and
responses to requests for information between
caseworkers and incarcerated parents with
respect to the case information of a child, any
changes to a case, permanency plans,
requirements to maintain parental rights, and
any efforts to terminate parental rights;
``(iii) appropriate opportunities for
incarcerated parents to demonstrate their
relationship with a covered foster child given
their incarceration, including training and
courses required for a service plan; and
``(iv) the enhanced visitation described in
paragraph (2).
``(B) For correctional facilities, fostering
visitation and communication that is developmentally
appropriate in terms of--
``(i) the nature of communication and
visitation, including--
``(I) the ability to physically
touch parents;
``(II) engaging with parents in
locations that are appropriate for the
age and development of the child;
``(III) exchanging items that are
appropriate to the age and development
of the child, include expectations that
are appropriate for the age and
development of the child related to
behavior, attire, and wait times; and
``(IV) allowing appropriate adults
to bring children if legal guardians
are not available to promote regular
contact;
``(ii) reasonable inclusion of all children
of the parent;
``(iii) communication and visitation at
times when the children are available;
``(iv) security procedures to comfort
children and be minimally invasive; and
``(v) promoting parent-child relationships
regardless of the sentence imposed on the
parent.
``(2) Enhanced visitation.--
``(A) Grantees shall facilitate weekly
communication and, for at least 9 days each year, in-
person visitation between a covered foster child and
any incarcerated parent of the child.
``(B) Electronic visitation (such as live video
visits, phone calls, and recorded books) may be used
but shall not be the sole method to promote a
meaningful relationship for purposes of the grant.
``(C) Enhanced visitation programs shall--
``(i) integrate best practices for
visitation programs with incarcerated parents
and their children;
``(ii) adopt developmentally appropriate
visitation policies and procedures such as
those described in paragraph (1)(B);
``(iii) reduce or eliminate the cost of
developmentally appropriate communication and
visitation for the covered foster child, which
may include the purchase of communication
technology, covering transportation, insurance,
and lodging costs, costs related to providing
appropriate visitation spaces and activities,
and other relevant costs;
``(iv) to the extent practicable, integrate
appropriate parenting education to help prepare
and process visits; and
``(v) avoid restricting visitation and
communication as a punishment for the
incarcerated parents.
``(3) Training.--Grantees shall incorporate ongoing
training for child welfare, correctional facility staff, and
other program providers to understand the importance of
promoting meaningful relationships between children and
incarcerated parents.
``(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a covered
foster child to promote the relationship, access to services,
and coordination with the caseworkers of the covered foster
child to strengthen the relationship.
``(5) Legal assistance.--Grantees shall facilitate access
to necessary legal services and may use grant funds for
services that are not reimbursable under other Federal
programs.
``(e) Federal Share.--The Federal share of the cost of any activity
carried out using a grant made under this section shall be not greater
than 75 percent.
``(f) Technical Assistance, Evaluations, and Reports.--
``(1) Technical assistance.--The Secretary shall provide
technical assistance with respect to grants under this section,
including by--
``(A) assisting grantees in understanding best
practices in promoting meaningful relationships between
incarcerated parents and their children as well as
consulting with appropriate stakeholders when
developing their programs;
``(B) assisting grantees with establishing and
analyzing implementation and performance indicators;
and
``(C) conducting an annual technical assistance and
training meeting and an annual grantee meeting so that
grantees can learn from the experiences of other
grantees.
``(2) Evaluations.--The Secretary shall conduct an
evaluation of program outcomes, including with respect to
parent and child well-being, parent-child interactions,
parental involvement, awareness of child development and
parenting practices, placement stability, and termination of
parental rights with respect to covered foster children and
incarcerated parents, to measure program effectiveness, as
determined by the Secretary, and identify opportunities for
improved program practices and implementation.
``(3) Reports to the congress.--
``(A) Initial report.--Not later than 3 years after
the date of the enactment of this section, 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 that includes--
``(i) the number of applications for grants
under this section;
``(ii) the number of grants awarded, and
the amounts for each grant; and
``(iii) information on the grants,
including--
``(I) interim results of the
evaluation described in paragraph (2);
``(II) disaggregated data on
covered foster children and
incarcerated parents;
``(III) information on the
composition of eligible State
partnerships;
``(IV) best practices for
facilitating meaningful relationships
between covered foster children and
incarcerated parents; and
``(V) barriers to implementation or
expansion of programs funded under this
section.
``(B) Final report.--Not later than 6 years after
the date of the enactment of this section, 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 that includes--
``(i) the final results of the evaluation
described in paragraph (2); and
``(ii) recommendations for refinements to
grant requirements to improve program outcomes.
``(g) Authority of Secretary With Respect to Indian Tribes and
Tribal Organizations.--
``(1) Waiver or modification of requirements.--In making a
grant to an Indian tribe or tribal organization under this
section, the Secretary may waive the matching requirement of
subsection (e) or modify an application requirement imposed by
or under subsection (c) if the Secretary determines that the
waiver or modification is appropriate to the needs, culture,
and circumstances of the Indian tribe or tribal organization.
``(2) Evaluation.--The Secretary shall use tribally
relevant data in carrying out the evaluation under subsection
(f)(2) with respect to an Indian tribe or tribal organization.
``(h) Limitations on Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary not more than
$35,000,000 for each of fiscal years 2026 through 2029 to carry out
this section.
``(i) Definition of Covered Foster Child.--In this section, the
term `covered foster child' means a child that--
``(1) is in foster care; and
``(2) has at least 1 parent incarcerated in a Federal,
State, or local correctional facility.''.
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