Supporting Foster Youth and Families through the Pandemic Act

I 116TH CONGRESS 2D SESSION H. R. 7947 To provide additional temporary supports and flexibilities for older foster youth, grandparents, and other kinship families, home visiting for preg- nant and parenting families, and other child welfare services, during the COVID-19 pandemic. IN THE HOUSE OF REPRESENTATIVES AUGUST 7, 2020 Mr. DANNY K. DAVIS of Illinois (for himself and Mrs. WALORSKI) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To provide additional temporary supports and flexibilities for older foster youth, grandparents, and other kinship families, home visiting for pregnant and parenting fami- lies, and other child welfare services, during the COVID- 19 pandemic. 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 ‘‘Supporting Foster 4 Youth and Families through the Pandemic Act’’. 5 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7947 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 3 The term ‘‘COVID–19 public health emergency’’ 4 means the public health emergency declared by the 5 Secretary pursuant to section 319 of the Public 6 Health Service Act, entitled ‘‘Determination that a 7 Public Health Emergency Exists Nationwide as the 8 Result of the 2019 Novel Coronavirus’’. 9 (2) COVID–19 PUBLIC HEALTH EMERGENCY 10 PERIOD.—The term ‘‘COVID–19 public health emer- 11 gency period’’ means the period beginning on April 12 1, 2020, and ending with September 30, 2021. 13 (3) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Health and Human Services. 15 SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE 16 PROGRAMS AND SUPPORT FOR OLDER FOS- 17 TER YOUTH. 18 (a) FUNDING INCREASES.— 19 (1) INCREASE IN SUPPORT FOR CHAFEE PRO- 20 GRAMS.—Out of any money in the Treasury of the 21 United States not otherwise appropriated, there are 22 appropriated $400,000,000 for fiscal year 2020, to 23 carry out section 477 of the Social Security Act, in 24 addition to any amounts otherwise made available 25 for such purpose. 26 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7947 IH (2) EDUCATION AND TRAINING VOUCHERS.—Of 1 the amount made available by reason of paragraph 2 (1) of this subsection, not less than $50,000,000 3 shall be reserved for the provision of vouchers pursu- 4 ant to section 477(h)(2) of the Social Security Act. 5 (3) INAPPLICABILITY OF STATE MATCHING RE- 6 QUIREMENT TO ADDITIONAL FUNDS.—In making 7 payments under subsections (a)(4) and (e)(1) of sec- 8 tion 474 of the Social Security Act from the addi- 9 tional funds made available as a result of para- 10 graphs (1) and (2) of this subsection, the percent- 11 ages specified in subsections (a)(4)(A)(i) and (e)(1) 12 of such section are, respectively, deemed to be 100 13 percent. 14 (4) MAXIMUM AWARD AMOUNT.—The dollar 15 amount specified in section 477(i)(4)(B) of the So- 16 cial Security Act through the end of fiscal year 2021 17 is deemed to be $12,000. 18 (5) INAPPLICABILITY OF NYTD PENALTY TO 19 ADDITIONAL FUNDS.—In calculating any penalty 20 under section 477(e)(2) of the Social Security Act 21 with respect to the National Youth in Transition 22 Database (NYTD) for the COVID–19 public health 23 emergency period, none of the additional funds made 24 available by reason of paragraphs (1) and (2) of this 25 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7947 IH subsection shall be considered to be part of an allot- 1 ment to a State under section 477(c) of such Act. 2 (b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR 3 ASSISTANCE.—During fiscal years 2020 and 2021, a child 4 may be eligible for services and assistance under section 5 477 of the Social Security Act until the child attains 27 6 years of age, notwithstanding any contrary certification 7 made under such section. 8 (c) SPECIAL RULE.—With respect to funds made 9 available by reason of subsection (a) that are used during 10 the COVID–19 public health emergency period to support 11 activities due to the COVID–19 pandemic, the Secretary 12 may not require any State to provide proof of a direct 13 connection to the pandemic if doing so would be adminis- 14 tratively burdensome or would otherwise delay or impede 15 the ability of the State to serve foster youth. 16 (d) PROGRAMMATIC FLEXIBILITIES.—During the 17 COVID–19 public health emergency period: 18 (1) SUSPENSION OF CERTAIN REQUIREMENTS 19 UNDER THE EDUCATION AND TRAINING VOUCHER 20 PROGRAM.—The Secretary shall allow a State to 21 waive the applicability of the requirement in section 22 477(i)(3) of the Social Security Act that a youth 23 must be enrolled in a postsecondary education or 24 training program or making satisfactory progress to- 25 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7947 IH ward completion of that program if a youth is un- 1 able to do so due to the COVID–19 public health 2 emergency. 3 (2) AUTHORITY TO USE VOUCHERS TO MAIN- 4 TAIN TRAINING AND POSTSECONDARY EDUCATION.— 5 A voucher provided under a State educational and 6 training voucher program under section 477(i) of the 7 Social Security Act may be used for maintaining 8 training and postsecondary education, including less 9 than full-time matriculation costs or other expenses 10 that are not part of the cost of attendance but would 11 help support youth in remaining enrolled as de- 12 scribed in paragraph (1) of this subsection. 13 (3) AUTHORITY TO WAIVE LIMITATIONS ON 14 PERCENTAGE OF FUNDS USED FOR HOUSING ASSIST- 15 ANCE AND ELIGIBILITY FOR SUCH ASSISTANCE.— 16 Notwithstanding section 477(b)(3)(B) of the Social 17 Security Act, a State may use— 18 (A) more than 30 percent of the amounts 19 paid to the State from its allotment under sec- 20 tion 477(c)(1) of such Act for a fiscal year, for 21 room or board payments; and 22 (B) any of such amounts for youth other- 23 wise eligible for services under section 477 of 24 such Act who— 25 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7947 IH (i) have attained 18 years of age and 1 not 27 years of age; and 2 (ii) experienced foster care at 14 3 years of age or older. 4 SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING 5 THE PANDEMIC. 6 (a) ADDRESSING FOSTER CARE AGE RESTRICTIONS 7 DURING THE PANDEMIC.—A State operating a program 8 under part E of title IV of the Social Security Act may 9 not require a child who is in foster care under the respon- 10 sibility of the State to leave foster care solely by reason 11 of the child’s age. A child may not be found ineligible for 12 foster care maintenance payments under section 472 of 13 such Act solely due to the age of the child or the failure 14 of the child to meet a condition of section 475(8)(B)(iv) 15 of such Act before October 1, 2021. 16 (b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO 17 AGE OUT DURING THE PANDEMIC.—A State operating a 18 program under the State plan approved under part E of 19 title IV of the Social Security Act (and without regard 20 to whether the State has exercised the option provided by 21 section 475(8)(B) of such Act to extend assistance under 22 such part to older children) shall— 23 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7947 IH (1) permit any youth who left foster care due 1 to age during the COVID–19 public health emer- 2 gency to voluntarily re-enter foster care; 3 (2) provide to each such youth who was for- 4 mally discharged from foster care during the 5 COVID–19 public health emergency, a notice de- 6 signed to make the youth aware of the option to re- 7 turn to foster care; 8 (3) facilitate the voluntary return of any such 9 youth to foster care; and 10 (4) conduct a public awareness campaign about 11 the option to voluntarily re-enter foster care for 12 youth who have not attained 22 years of age, who 13 aged out of foster care in fiscal year 2020 or fiscal 14 year 2021, and who are otherwise eligible to return 15 to foster care. 16 (c) PROTECTIONS FOR YOUTH IN FOSTER CARE.— 17 A State operating a program under the State plan ap- 18 proved under part E of title IV of the Social Security Act 19 shall— 20 (1) continue to ensure that the safety, perma- 21 nence, and well-being needs of older foster youth, in- 22 cluding youth who remain in foster care and youth 23 who age out of foster care during that period but 24 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7947 IH who re-enter foster care pursuant to this section, are 1 met; and 2 (2) work with any youth who remains in foster 3 care after attaining 18 years of age (or such greater 4 age as the State may have elected under section 5 475(8)(B)(iii) of such Act) to develop, or review and 6 revise, a transition plan consistent with the plan re- 7 ferred to in section 475(5)(H) of such Act, and as- 8 sist the youth with identifying adults who can offer 9 meaningful, permanent connections. 10 (d) AUTHORITY TO USE ADDITIONAL FUNDING FOR 11 CERTAIN COSTS INCURRED TO PREVENT AGING OUT OF, 12 FACILITATING RE-ENTRY TO, AND PROTECTING YOUTH 13 IN CARE DURING THE PANDEMIC.— 14 (1) IN GENERAL.—Subject to paragraph (2) of 15 this subsection, a State to which additional funds 16 are made available as a result of section 3(a) may 17 use the funds to meet any costs incurred in com- 18 plying with subsections (a), (b), and (c) of this sec- 19 tion. 20 (2) RESTRICTIONS.— 21 (A) The costs referred to in paragraph (1) 22 must be incurred after the date of the enact- 23 ment of this section and before October 1, 24 2021. 25 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7947 IH (B) The costs of complying with subsection 1 (a) or (c) of this section must not be incurred 2 on behalf of children eligible for foster care 3 maintenance payments under section 472 of the 4 Social Security Act, including youth who have 5 attained 18 years of age who are eligible for the 6 payments by reason of the temporary waiver of 7 the age requirement or the conditions of section 8 475(8)(B)(iv) of such Act. 9 (C) A State shall make reasonable efforts 10 to ensure that eligibility for foster care mainte- 11 nance payments under section 472 of the Social 12 Security Act is determined when a youth re- 13 mains in, or re-enters, foster care as a result of 14 the State complying with subsections (a) and 15 (c) of this section. 16 (D) A child who re-enters care during the 17 COVID–19 public health emergency period may 18 not be found ineligible for foster care mainte- 19 nance payments under section 472 of the Social 20 Security Act solely due to age or the require- 21 ments of section 475(8)(B)(iv) of such Act be- 22 fore October 1, 2021. 23 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7947 IH (e) TERMINATION OF CERTAIN PROVISIONS.—The 1 preceding provisions of this section shall have no force or 2 effect after September 30, 2021. 3 SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM 4 PANDEMIC FLEXIBILITY. 5 During the COVID–19 public health emergency pe- 6 riod, each percentage specified in subparagraphs (A)(i) 7 and (B) of section 474(a)(6) of the Social Security Act 8 is deemed to be 100 percent. 9 SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN 10 PROMOTING SAFE AND STABLE FAMILIES 11 PROGRAM. 12 (a) IN GENERAL.—Out of any money in the Treasury 13 of the United States not otherwise appropriated, there are 14 appropriated $85,000,000 to carry out section 436(a) of 15 the Social Security Act for fiscal year 2020, in addition 16 to any amounts otherwise made available for such pur- 17 pose. For purposes of section 436(b) of such Act, the 18 amount made available by the preceding sentence shall be 19 considered part of the amount specified in such section 20 436(a). 21 (b) INAPPLICABILITY OF STATE MATCHING RE- 22 QUIREMENT TO ADDITIONAL FUNDS.—In making pay- 23 ments under section 434(a) of the Social Security Act 24 from the additional funds made available as a result of 25 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7947 IH subsection (a) of this section, the percentage specified in 1 section 434(a)(1) of such Act is deemed to be 100 percent. 2 SEC. 7. COURT IMPROVEMENT PROGRAM. 3 (a) RESERVATION OF FUNDS.—Of the additional 4 amounts made available by reason of section 6 of this Act, 5 the Secretary shall reserve $10,000,000 for grants under 6 subsection (b) of this section, which shall be considered 7 to be made under section 438 of the Social Security Act. 8 (b) DISTRIBUTION OF FUNDS.— 9 (1) IN GENERAL.—From the amounts reserved 10 under subsection (a) of this section, the Secretary 11 shall— 12 (A) reserve not more than $500,000 for 13 Tribal court improvement activities; and 14 (B) from the amount remaining after the 15 application of subparagraph (A), make a grant 16 to each highest State court that is approved to 17 receive a grant under section 438 of the Social 18 Security Act for the purpose described in sec- 19 tion 438(a)(3) of such Act, for fiscal year 2020. 20 (2) AMOUNT.—The amount of the grant award- 21 ed to a highest State court under this subsection 22 shall be the sum of— 23 (A) $85,000; and 24 VerDate Sep 11 2014 03:07 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7947.IH H7947 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7947 IH (B) the amount that bears the same ratio 1 to the amount reserved under subsection (a) 2 that remains after the application of paragraph 3 (1)(A) and subparagraph (A) of this paragraph, 4 as the number of individuals in the State in [Text truncated for display. 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