[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8177 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8177
To extend child welfare support and services for youth under 21 years
of age, and to allow youth to re-enter foster care after attaining 18
years of age without regard to the AFDC eligibility of their parents or
legal guardians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2022
Ms. Chu introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To extend child welfare support and services for youth under 21 years
of age, and to allow youth to re-enter foster care after attaining 18
years of age without regard to the AFDC eligibility of their parents or
legal guardians, and for other purposes.
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 ``Access to Foster Care to 21 Act''.
SEC. 2. FINDINGS.
The Congress finds that each additional year in extended foster
care has--
(1) significantly increased the probability that youth
completed a high school credential by approximately 8 percent;
(2) increased their expected probability of enrolling in
college by between 10 percent and 11 percent;
(3) increased the number of quarters that youth have been
employed between their 18th and 21st birthdays;
(4) increased the amount of money youth have had in bank
accounts by an average of approximately $404;
(5) increased the odds that youth have described a
professional as a source of social support;
(6) significantly decreased the amount of money youth have
received in need-based public food assistance by an average of
more than $700;
(7) decreased the odds of having experienced an additional
economic hardship between the ages of 17 and 21 by
approximately 12 percent;
(8) decreased the odds of being homeless or couch-surfing
between the ages of 17 and 21 by approximately 28 percent;
(9) decreased the odds that youth have become pregnant or
impregnated a female between the ages of 17 and 21 by
approximately 28 percent; and
(10) decreased the odds that youth have been arrested
between the ages of 17 and 21 by approximately 41 percent and
decreased the odds that youth have been convicted of a crime
during the same period by approximately 40 percent.
SEC. 3. EXTENDED CHILD WELFARE SUPPORT AND SERVICES FOR YOUTH
TRANSITIONING FROM FOSTER CARE.
(a) In General.--Section 475(8) of the Social Security Act (42
U.S.C. 675(8)) is amended--
(1) by striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) At the option of the youth involved, the term
shall include a youth who is in foster care under the
responsibility of the State.''; and
(3) by adding at the end the following:
``(C) The term shall include a youth--
``(i)(I) with respect to whom an adoption
assistance agreement is in effect under section
473 if the youth had attained 16 years of age
before the agreement became effective; or
``(II) with respect to whom a kinship
guardianship assistance agreement is in effect
under section 473(d) if the youth had attained
16 years of age before the agreement became
effective; and
``(ii) who has not attained 19, 20, or 21
years of age, as the State may elect.
``(D) In this paragraph, the term `youth' means an
individual--
``(i) who has attained 18 years of age; and
``(ii) who has not attained 21 years of
age.''.
(b) Enforcement.--Section 474 of such Act (42 U.S.C. 674) is
amended by adding at the end the following:
``(h)(1) If the Secretary finds, as a result of a review conducted
under section 1123A, or otherwise, that a State program operated under
this part (other than under section 477) in a fiscal year has been
operated using a definition of `child' that excludes any youth within
the meaning of the applicable provisions of section 475(8), then,
notwithstanding subsection (a) of this section and any regulations
promulgated under section 1123A(b)(3), the Secretary shall assess a
penalty against the State in an amount equal to not less than 1 percent
and not more than 5 percent of the amount of the total amount otherwise
payable to the State under this part (other than under section 477) for
the fiscal year involved.
``(2) The Secretary shall assess penalties under this subsection
based on the degree of noncompliance.
``(3)(A) Before imposing a penalty against a State under this
subsection, the Secretary shall notify the State of the noncompliance
and afford the State an opportunity to correct the noncompliance and
prevent future noncompliance.
``(B) The Secretary may not impose a penalty against a State under
this subsection with respect to any noncompliance covered by a
corrective compliance plan agreed to by the State and the Secretary if
the State corrects the noncompliance in accordance with the plan.''.
SEC. 4. PROMOTING THE RE-ENTRY OF YOUTH INTO EXTENDED FOSTER CARE.
(a) In General.--Section 471(a) of the Social Security Act (42
U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (36);
(2) by adding ``and'' at the end of paragraph (37); and
(3) by adding at the end the following:
``(38) requires the State to--
``(A) permit any youth who has attained 18 years of
age and meets the requirements of section 475(8)(C) to
voluntarily re-enter foster care; and
``(B) facilitate the voluntary return of any such
youth to foster care.''.
(b) Guidance and Technical Assistance.--The Secretary of Health and
Human Services shall provide guidance and technical assistance to
States on best practices for outreach to youth who have left foster
care, and are otherwise eligible for re-entry into foster care.
SEC. 5. IMPROVE OUTCOMES FOR TRANSITION-AGED YOUTH AND YOUNG ADULTS.
Section 472(a)(1)(B) of the Social Security Act (42 U.S.C.
672(a)(1)(B)) is amended by inserting ``except in the case of a youth
who has attained 18 years of age and meets the requirements of section
475(8)(C),'' before ``the child''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act 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.
(b) 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 developed pursuant to part E of title IV of the
Social Security Act to meet the additional requirements imposed by the
amendments made by this Act, 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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