State Flexibility for Family First Transitions Act

I 116TH CONGRESS 1ST SESSION H. R. 3116 To provide any State with a child welfare demonstration project that is scheduled to terminate at the end of fiscal year 2019 the option to extend the project for up to 2 additional years. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2019 Mr. BACON (for himself, Ms. CASTOR of Florida, Ms. HILL of California, and Mr. STEUBE) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide any State with a child welfare demonstration project that is scheduled to terminate at the end of fiscal year 2019 the option to extend the project for up to 2 additional years. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘State Flexibility for 4 Family First Transitions Act’’. 5 VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3116 IH SEC. 2. STATE OPTION TO EXTEND A CHILD WELFARE DEM- 1 ONSTRATION PROJECT. 2 (a) IN GENERAL.—Section 1130(d)(2) of the Social 3 Security Act (42 U.S.C. 1320a–9(d)(2)) is amended— 4 (1) by striking ‘‘In no event’’ and inserting the 5 following: 6 ‘‘(A) IN GENERAL.—Except as provided in 7 subparagraph (B), in no event’’; and 8 (2) by adding at the end the following: 9 ‘‘(B) STATE OPTION TO EXTEND TERMI- 10 NATION DATE.— 11 ‘‘(i) NOTICE OF EXTENSION.—Any 12 State conducting a demonstration project 13 under this section that is scheduled to ter- 14 minate on September 30, 2019, may notify 15 the Secretary at any time prior to August 16 31, 2019, in such form and manner as the 17 Secretary may require, that the State 18 elects to extend the termination date of the 19 demonstration project, on the same terms 20 and conditions, for such additional period 21 as the State may determine, but in no 22 event beyond September 30, 2021. 23 ‘‘(ii) TRANSITION PLAN REQUIRED.— 24 No State conducting a demonstration 25 project described in clause (i) may extend 26 VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3116 IH the termination date of the project unless 1 the State includes with the notice provided 2 under clause (i) a plan specifying— 3 ‘‘(I) how the State will transition 4 from the demonstration project to 5 compliance with the requirements of 6 the amendments made by sections 7 50741(a), 50741(b), and 50742 of 8 Public Law 115–123 by September 9 30, 2021; and 10 ‘‘(II) the measures the State will 11 implement to improve permanency 12 outcomes and reduce emancipation 13 from foster care during the remainder 14 of the demonstration project. 15 ‘‘(iii) EFFECT OF EXTENSION ON CER- 16 TAIN REQUIREMENTS.—If a State submits 17 a notice under clause (i) and a transition 18 plan described in clause (ii) to the Sec- 19 retary, then— 20 ‘‘(I) during the period the State 21 continues to conduct a demonstration 22 project under this section, the amend- 23 ments made by sections 50741(a), 24 50741(b), and 50742 of Public Law 25 VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3116 IH 115–123, to the extent such amend- 1 ments are inconsistent with the terms 2 of the demonstration project, shall not 3 apply with respect to that State; and 4 ‘‘(II) the State shall be deemed 5 to have requested a delayed effective 6 date under section 50746(b)(2) of 7 Public Law 115–123 for the same pe- 8 riod. 9 ‘‘(iv) APPLICATION TO COUNTY-AD- 10 MINISTERED AND HYBRID-ADMINISTERED 11 CHILD WELFARE SERVICES.—In the case 12 of a demonstration project described in 13 clause (i) that is administered by one or 14 more counties of a State, or that is par- 15 tially administered by a State and partially 16 administered by one or more counties of a 17 State, each State with such an administra- 18 tive system shall, as a condition of having 19 the State plans under parts B and E of 20 title IV approved for fiscal year 2020— 21 ‘‘(I) determine whether any coun- 22 ty administering the demonstration 23 project as of the date of enactment of 24 this subparagraph wants to continue 25 VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3116 IH the project, on the same terms and 1 conditions, and have the conditions 2 described in clause (iii) applied with 3 respect to that county while the dem- 4 onstration project remains in effect 5 (without regard to whether the State 6 submits a notice under clause (i) or 7 requests a delayed effective date 8 under section 50746(b)(2) of Public 9 Law 115–123); 10 ‘‘(II) agree to allow any such 11 county to continue to administer the 12 demonstration project in that county 13 for such additional period as the coun- 14 ty may determine (but in no event be- 15 yond September 30, 2021); 16 ‘‘(III) notify the Secretary, in 17 such form and manner as the Sec- 18 retary may require, of the counties 19 electing to continue to administer the 20 demonstration project for an addi- 21 tional period and specify what the ad- 22 ditional period will be; and 23 ‘‘(IV) include with the notice de- 24 scribed in subclause (III) a transition 25 VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3116 IH plan prepared by each county identi- 1 fied in the notice that contains the in- 2 formation described in subclauses (I) 3 and (II) of clause (ii) (but prepared 4 with respect to that county instead of 5 with respect to the State).’’. 6 (b) CONFORMING AMENDMENT.—Section 50746(d) 7 of Public Law 115–123 (42 U.S.C. 622 note) is amended 8 by inserting ‘‘other than extensions made under subsection 9 (d)(2)(B) of such section’’ after ‘‘determined without re- 10 gard to any extensions’’. 11 Æ VerDate Sep 11 2014 00:48 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3116.IH H3116 pamtmann on DSKBFK8HB2PROD with BILLS