Cottage Homes to Improve Lives for Dependents (CHILD) Act

I 116TH CONGRESS 2D SESSION H. R. 8443 To amend part E of title IV of the Social Security Act to require States to provide for the placement of a foster child in a cottage home, and to make a child so placed eligible for foster care maintenance payments. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 30, 2020 Mr. DUNN (for himself and Mr. HASTINGS) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part E of title IV of the Social Security Act to require States to provide for the placement of a foster child in a cottage home, and to make a child so placed eligible for foster care maintenance payments. 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 ‘‘Cottage Homes to Im- 4 prove Lives for Dependents (CHILD) Act’’. 5 VerDate Sep 11 2014 20:36 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8443.IH H8443 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8443 IH SEC. 2. PLACEMENT OF FOSTER CHILDREN IN COTTAGE 1 HOMES. 2 (a) STATE PLAN REQUIREMENT.—Section 471(a) of 3 the Social Security Act (42 U.S.C. 671(a)) is amended— 4 (1) by striking ‘‘and’’ at the end of paragraph 5 (36); 6 (2) by striking the period at the end of para- 7 graph (37) and inserting ‘‘; and’’; and 8 (3) by adding at the end the following: 9 ‘‘(38) provides that, with respect to a child who 10 has attained 6 years of age and who is removed 11 from the child’s home, if a suitable relative or other 12 designated caregiver is not available as a placement 13 for the child, placing the child in a foster family 14 home or a cottage home shall be considered the least 15 restrictive setting for the child.’’. 16 (b) ELIGIBILITY FOR FOSTER CARE MAINTENANCE 17 PAYMENTS OF CERTAIN CHILDREN PLACED IN A COT- 18 TAGE HOME.—Section 472(a)(2)(C) of such Act (42 19 U.S.C. 672(a)(2)(C)) is amended— 20 (1) by striking ‘‘or’’; and 21 (2) by inserting ‘‘, or (if the child has attained 22 6 years of age and a suitable relative or other des- 23 ignated caregiver is not available as a placement for 24 the child) in a cottage home that is not a foster fam- 25 ily home or child-care institution’’ before the period. 26 VerDate Sep 11 2014 20:36 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8443.IH H8443 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8443 IH (c) DEFINITION OF COTTAGE HOME.—Section 1 472(c) of such Act (42 U.S.C. 672(c)) is amended by add- 2 ing at the end the following: 3 ‘‘(3) COTTAGE HOME.—The term ‘cottage 4 home’ means a residential operation— 5 ‘‘(A) in which not more than 12 children 6 reside; 7 ‘‘(B) that has and implements a trauma- 8 informed care plan for its residents; 9 ‘‘(C) that involves family members of a 10 child in the plan of service for the child, and 11 maintains contact with the family of the child, 12 if available and if the involvement supports the 13 well-being of the child; and 14 ‘‘(D) that is licensed by the State in which 15 it is situated or has been approved, by the 16 agency of the State responsible for licensing or 17 approval of institutions of this type.’’. 18 (d) EFFECTIVE DATE.— 19 (1) IN GENERAL.—The amendments made by 20 this section shall take effect on the date of the en- 21 actment of this Act, and shall apply to payments 22 under part E of title IV of the Social Security Act 23 for calendar quarters beginning on or after such 24 date. 25 VerDate Sep 11 2014 20:36 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8443.IH H8443 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8443 IH (2) DELAY PERMITTED IF STATE LEGISLATION 1 REQUIRED.—If the Secretary of Health and Human 2 Services determines that State legislation (other 3 than legislation appropriating funds) is required in 4 order for a State plan under part E of title IV of 5 the Social Security Act to meet the additional re- 6 quirements imposed by the amendments made by 7 this section, the plan shall not be regarded as failing 8 to meet any of the additional requirements before 9 the first day of the first calendar quarter beginning 10 after the first regular session of the State legislature 11 that begins after the date of the enactment of this 12 Act. For purposes of the preceding sentence, if the 13 State has a 2-year legislative session, each year of 14 the session is deemed to be a separate regular ses- 15 sion of the State legislature. 16 Æ VerDate Sep 11 2014 20:36 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8443.IH H8443 pbinns on DSKJLVW7X2PROD with BILLS