[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5214 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5214
To require States to measure and publicly report on the separation of
children from parents by hidden foster care arrangements, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Cornyn (for himself and Mr. Ossoff) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To require States to measure and publicly report on the separation of
children from parents by hidden foster care arrangements, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Placement Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In some circumstances, upon a family first coming to
the attention of a child protective services agency, for
various reasons, a child may newly enter a hidden foster care
arrangement either as a direct or indirect result of contact
with the child protective services agency.
(2) While a hidden foster care arrangement may be in the
best interests of a child, there is no measure of the extent to
which hidden foster care arrangements are used by States.
(3) Because hidden foster care arrangements are made upon
the initial contact of a family by a child welfare agency, such
arrangements are also the first opportunity States may have to
provide support to the new caregivers to a child who is in a
hidden foster care arrangement and serve the best interests of
the child.
(4) However, due to a lack of understanding of the
instances in which hidden foster care arrangements are used
throughout States, it is difficult to determine how the needs
of children, their new caregivers, and families can be best
supported in cases of hidden foster care arrangements as well
as the manner in which Federal funds or oversight could be best
directed to support States in their work with these cases.
SEC. 3. DEFINITIONS.
In this Act:
(1) Hidden foster care arrangement.--The term ``hidden
foster care arrangement'' means any separation of a child from
the child's parents or primary caregivers during an
investigation by a State, county, local, or tribal child
protective services agency (in this Act referred to as a ``CPS
agency'') that occurs without the State taking responsibility
for the care or placement of the child and without a court
order or the involvement and oversight of a court of law,
whether voluntary or involuntary. Such term includes--
(A) arrangements in which a CPS agency suggests,
implies, or insists that a parent should or must permit
the parent's child to live with someone else in
response to an investigation of allegations that the
parent, or a spouse, partner, or other individual who
resides with the parent, has neglected or abused the
child; and
(B) arrangements commonly referred to as ``kinship
diversion,'' ``foster care diversion,'' ``safety
planning,'' and ``informal family planning'' to the
extent that these arrangements occur without a court
order or court oversight.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term in section 1101(a) of the Social Security Act (42 U.S.C.
1301(a)) for purposes of parts B and E of title IV of such Act
(42 U.S.C. 621 et seq., 671 et seq.).
SEC. 4. STATE REPORTS ON HIDDEN FOSTER CARE ARRANGEMENTS.
As a condition for payment of funds under a State plan approved
under the Marylee Allen Promoting Safe and Stable Families Program
under subpart 2 of part B of title IV of the Social Security Act (42
U.S.C. 629 et seq.) for each reporting period beginning with the first
year that begins on or after the date that is 2 years after the date of
enactment of this Act, a State shall submit to the Secretary with the
report required under section 432(a)(8)(B) of such Act (42 U.S.C.
629b(a)(8)(B)) for the fiscal year involved, data and a written report
that specifies, for each such fiscal year--
(1) the number of children separated from their parents by
a hidden foster care arrangement;
(2) the number of hidden foster care arrangements that
ended without the child entering the formal foster care system;
(3) the number of hidden foster care arrangements that
ended through the placement of the child into the formal foster
care system;
(4) the category or type of allegation raised in each case
which resulted in a separation of a child from their parents by
a hidden foster care arrangement; and
(5) to the extent data is available, the number of
caregivers in a hidden foster care arrangement who received
additional services including referrals to kinship navigator
programs, prevention services programs funded under part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
671 et seq.), services provided by an entity or organization
other than a CPS agency, or to legal counsel.
SEC. 5. SECRETARIAL RESPONSIBILITIES.
(a) Annual Report to Congress on Hidden Foster Care Practices.--The
Secretary shall submit an annual report to Congress based on the most
recent State reports submitted under section 4. Each annual report
shall include the following:
(1) The total number of children for whom a hidden foster
care arrangement ended during the fiscal year reported on, and
of that number--
(A) how many of the hidden foster care arrangements
ended without the child entering the formal foster care
system; and
(B) how many of the hidden foster care arrangements
ended through the placement of the child into the
formal foster care system.
(2) The total number of each category or type of allegation
raised in a case which resulted in a separation of a child from
their parents by a hidden foster care arrangement.
(3) To the extent data is available, the number of
caregivers in a hidden foster care arrangement who received
additional services, including referrals to kinship navigator
programs, prevention services programs funded under part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
671 et seq.), services provided by an entity or organization
other than a CPS agency, or legal counsel.
(4) A summary of the number of States that submitted a
report under section 4 for the fiscal year involved and the way
in which those States address hidden foster care arrangements
within the most recent State plan reports submitted part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
671 et seq.).
(b) Implementation.--
(1) Consistent data.--The Secretary shall ensure that, to
the extent practicable, the data and information required to be
reported under section 4--
(A) is collected and reported in a reliable and
standardized manner by all States;
(B) provides a comprehensive, national picture of
the practice of hidden foster care arrangements; and
(C) draws upon and does not duplicate other
required child welfare data collection and reporting
regarding children for, or on whose behalf, prevention
services are offered, including under section
471(e)(5)(B)(x) of the Social Security Act (42 U.S.C.
671(e)(5)(B)(x)), section 479 of such Act (42 U.S.C.
679), and subparagraphs (C) and (D) of section
103(c)(1) of the Child Abuse Prevention and Treatment
Act and 106(d) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5103(c)(1), 5106a(d)).
(2) Guidance; technical assistance.--The Secretary may use
funds made available to carry out part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.) to issue guidance
or provide technical assistance to States with respect to the
data and information required to be reported under section 4.
(3) Publication and manner of submission.--The Secretary--
(A) may include the report required by subsection
(a) in the annual compilation of State reports required
to be submitted to Congress under section 432(c) of the
Social Security Act (42 U.S.C. 629b(c)); and
(B) shall make each report submitted to Congress in
accordance with subsection (a) publicly available.
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