[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5690 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5690
To amend part E of title IV of the Social Security Act to require
States to follow certain procedures in placing a child who has been
removed from the custody of his or her parents.
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IN THE HOUSE OF REPRESENTATIVES
October 22, 2021
Mrs. Dingell introduced the following bill; which was referred to the
Committee on Ways and Means
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A BILL
To amend part E of title IV of the Social Security Act to require
States to follow certain procedures in placing a child who has been
removed from the custody of his or her parents.
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 ``Samier Amer Foster Care Improvement
Act of 2021''.
SEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A
CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS.
(a) In General.--Section 471(a)(29) of the Social Security Act (42
U.S.C. 671(a)(29)) is amended to read as follows:
``(29) provides that--
``(A) within 30 days after the removal of a child
from the custody of the parent or parents of the child,
the State shall exercise due diligence to identify and
provide notice to all adult grandparents and other
adult relatives of the child (including any other adult
relatives suggested by the parents), subject to
exceptions due to family or domestic violence, that--
``(i) specifies that the child has been or
is being removed from the custody of the parent
or parents of the child;
``(ii) explains the options the relative
has under Federal, State, and local law to
participate in the care and placement of the
child, including any options that may be lost
by failing to respond to the notice;
``(iii) describes the requirements under
paragraph (10) of this subsection to become a
foster family home and the additional services
and supports that are available for children
placed in such a home; and
``(iv) if the State has elected the option
to make kinship guardianship assistance
payments under paragraph (28) of this
subsection, describes how the relative guardian
of the child may subsequently enter into an
agreement with the State under section 473(d)
to receive the payments;
``(B) within 90 days after the State makes a
placement decision with respect to the child, the State
shall provide notice of the decision and the reasons
therefor to each parent of the child, each relative who
has expressed to the State an interest in caring for
the child, the guardian, and the guardian ad litem for
the child, the attorney for the child, the attorney for
each parent of the child, the child (if the child is
able to express an opinion regarding placement), and
the prosecutor involved; and
``(C) the State shall establish procedures to--
``(i) allow a person who receives a notice
pursuant to subparagraph (B) to request, in
writing, within 5 days after receipt of the
notice, documentation of the reasons for the
decision involved;
``(ii) allow the attorney for the child to
petition the court involved to review the
decision; and
``(iii) require the court to--
``(I) commence such a review within
7 days after receipt of a petition made
pursuant to clause (ii); and
``(II) conduct such a review on the
record;''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the 1st day of the 1st fiscal year beginning on
or after the date of the enactment of this Act, and shall apply
to payments under part E of title IV of the Social Security Act
for calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan approved under part E of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendment made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
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