[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2033 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2033
To amend subpart 1 of part B of title IV of the Social Security Act to
ensure that mental health screenings and assessments are provided to
children and youth upon entry into foster care.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mrs. Lawrence (for herself, Ms. Bass, Mr. Langevin, Mr. Hastings, Mrs.
Hayes, Ms. Norton, Ms. Tlaib, Mr. Nadler, and Mr. Carson) introduced
the following bill; which was referred to the Committee on Ways and
Means
_______________________________________________________________________
A BILL
To amend subpart 1 of part B of title IV of the Social Security Act to
ensure that mental health screenings and assessments are provided to
children and youth upon entry into foster care.
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 ``Timely Mental Health for Foster
Youth Act''.
SEC. 2. TIMELY MENTAL HEALTH SCREENINGS AND ASSESSMENTS FOR CHILDREN
AND YOUTH UPON ENTRY INTO FOSTER CARE.
(a) State and Tribal Plan Requirement.--Section 422(b)(15)(A) of
the Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (i), by inserting ``and that require that an
initial mental health screening of any child in foster care be
completed not later than 30 days after the date the child
enters into foster care and, in the case of any child in foster
care for whom a mental health issue is identified in such
initial screening, that a comprehensive assessment of the
mental health of the child be completed not later than 60 days
after the date the child enters into foster care'' before the
semicolon; and
(2) in clause (ii)--
(A) by striking ``screenings'' and inserting ``such
screenings and assessments''; and
(B) by inserting ``which shall ensure annual mental
health screenings, including, as appropriate, follow-up
assessment and treatment, for the duration of a child's
placement in the foster care'' before the semicolon.
(b) Technical Amendment.--Section 422(b)(15)(A) of such Act (42
U.S.C. 622(b)(15)(A)) is further amended, in the matter before clause
(i), by striking ``provides'' and inserting ``provide''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1,
2022.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under subpart 1 of part B of
title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by this
section, the State plan shall not be regarded as failing to
comply with the requirements of such subpart solely on the
basis of the failure of the plan to meet such additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this section. For purposes of the previous sentence, in the
case of a State that has a 2-year legislative session, each
year of such session shall be deemed to be a separate regular
session of the State legislature.
SEC. 3. TECHNICAL ASSISTANCE TO STATES.
The Administration for Children and Families and the Center for
Medicare and Medicaid Services of the Department of Health and Human
Services shall provide technical assistance to States on how to comply
with the amendments made by section 2(a) of this Act. The
Administration for Children and Families and the Center for Medicare
and Medicaid Services should consult with other relevant Federal
agencies on the development of the technical assistance, which should
take into account evidence-based best practices.
SEC. 4. DATA COLLECTION.
(a) In General.--The Secretary of Health and Human Services, in
consultation with State and local public officials responsible for
administering child welfare programs, child welfare advocates,
pediatric mental health experts, and researchers shall--
(1) identify data elements needed to track--
(A) the number of children receiving an initial
mental health screening required under section
422(b)(15)(A)(i) of the Social Security Act (42 U.S.C.
622(b)(15)(A)) (as amended by section 2(a) of this
Act);
(B) whether or not such required initial mental
health screening occurs within 30 days of a child's
entry or re-entry into foster care;
(C) the number of children who receive a follow-up
comprehensive assessment required under section
422(b)(15)(A)(i) of the Social Security Act (42 U.S.C.
622(b)(15)(A)) (as so amended);
(D) whether or not such required follow-up
comprehensive assessment occurs within 60 days of a
child's entry or re-entry into foster care;
(E) the number of children in foster care who are
referred for mental health services; and
(F) the number and characteristics of such children
who receive mental health services after being referred
for such services; and
(2) develop a plan to collect the information described in
paragraph (1) from States administering a State plan under
subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) beginning with the second fiscal year that
begins after the date of enactment of this Act.
(b) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report detailing the
plan and timetable for collecting the information described in
subsection (a)(1) from States.
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