[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10424 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10424
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
December 16, 2024
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 2024''.
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 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 of the child, 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
``(B) 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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