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Title II — Empowering older youth vulnerable to domestic sex trafficking and other negative outcomes

S. 1518 · 113th Congress · Sep 18, 2013 · Lineage

II Empowering older youth vulnerable to domestic sex trafficking and other negative outcomes

Sec. 201 Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood

(a)
In general— Section 475(1)(B) of the Social Security Act (42 U.S.C. 675(1)(B)) is amended by adding at the end the following: “With respect to a child who has attained age 14, the plan developed under this paragraph for the child, the permanency plan required for the child under paragraph (5)(C), and any revisions or additions to such plans, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not the child's foster parent or caseworker. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.”.
(b)
Conforming amendments To include youth 14 and older in transition planning— Section 475 of such Act (42 U.S.C. 675) is amended—
(1)
in paragraph (1)(D), by striking “Where appropriate, for a child age 16” and inserting “For a child age 14”; and
(2)
in paragraph (5)—
(A)
in subparagraph (C), by striking “16” and inserting “14”; and
(B)
in subparagraph (I), by striking “16” and inserting “14”.
(c)
Transition planning for a successful adulthood— Paragraphs (1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 of such Act (42 U.S.C. 675) are each amended by striking “independent living” and inserting “a successful adulthood”.
(d)
List of rights— Section 475A of the Social Security Act, as added by section 103(b)(1), is amended by adding at the end the following new subsection:

“(b) List of rights—The case plan for any child in foster care under the responsibility of the State or with respect to whom adoption or kinship guardianship, assistance is made available under this part, who has attained age 14 shall include a written document that describes the child's rights with respect to education, health, visitation, and court participation, and to staying safe and avoiding exploitation and a signed acknowledgment by the child that the child has been provided them with a written copy of such document.”

(e)
Report— Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include—
(1)
an analysis of how States are administering the requirement of section 475(1)(B) of the Social Security Act, as amended by subsection (a) of this Act, to permit a child in foster care who has attained age 14 to select up to 2 members of the child's case planning team from individuals who are not the child's foster parent or caseworker; and
(2)
a description of best practices of States with respect to the administration of such requirement.

Sec. 202 Ensuring foster youth have a birth certificate, Social Security card, and a bank account

(a)
Case review system requirement— Section 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) is amended—
(1)
by striking “and receives assistance” and inserting “receives assistance”; and
(2)
by inserting before the period, the following: “and is not discharged from care without being provided with an official birth certificate, a social security card issued by the Commissioner of Social Security, and a fee-free (or low-fee) transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C))) established in the child's name at an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)), unless the child, after consultation with the child's selected members of the child's case planning team (if any), elects to not have such an account established”.
(b)
Penalty for noncompliance— Section 474 of the Social Security Act (42 U.S.C. 674), as amended by sections 104(b) and 106(a), is amended by adding at the end the following:

“(j) Reduced federal matching percentage for administration for failure To ensure foster youth have a birth certificate, social security card, and a bank account—If the Secretary finds with respect to a fiscal year quarter that a State has failed to comply with the requirement under section 475(5)(I) to provide each child in foster care under the responsibility of the State with an official birth certificate, a social security card issued by the Commissioner of Social Security, and a fee-free (or low-fee) transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C))) established in the child's name at an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) before the child is discharged from such care, (unless the child elects, after consultation with the child's selected members of the child's case planning team (if any), to not have such an account established) then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the Federal matching percentage for expenditures described in subsection (a)(3)(E) for the succeeding fiscal year quarter by 1 percentage point for every multiple of 10 children for whom the Secretary determines the State failed to comply with such requirements (but not to exceed 25 percentage points).”

(c)
Effective date— The amendments made by this section take effect on October 1, 2015.

Sec. 203 Education improvements for older youth

(a)
Expanding and clarifying the use of education and training vouchers—
(1)
In general— Section 477(i)(3) of the Social Security Act (42 U.S.C. 677(i)(3)) is amended—
(A)
by striking “on the date” and all that follows through “23” and inserting “to remain eligible until they attain 26”; and
(B)
by inserting “, but in no event may a youth participate in such program for more than 5 years (whether or not such years are consecutive)” before the period.
(2)
Conforming amendments— Section 477(i) of such Act (42 U.S.C. 677(i)), as amended by paragraph (1), is amended—
(A)
in paragraph (1), by inserting “who have attained age 16” before the period;
(B)
by striking paragraphs (2) and (6); and
(C)
by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(3)
Effective date— The amendments made by this subsection take effect on October 1, 2014.
(b)
Promoting awareness of Federal financial aid and other post-Secondary supports or services for youth in, or formerly in, foster care—
(1)
Information clearinghouse—
(A)
In general— The Secretary of Health and Human Services and the Secretary of Education (in this subsection referred to as the Secretaries) shall jointly develop and administer an information clearinghouse that contains the information described in subparagraph (B) relating to youth in foster care under the responsibility of a State, youth for whom adoption assistance payments or kinship guardianship assistance payments are made under section 473 of the Social Security Act (42 U.S.C. 673), and youth who were formerly in foster care and shall engage in outreach activities to make such youth aware of the such information.
(B)
Information described— The clearinghouse established under this subsection shall provide information on the following:
(i)
Federal financial aid available for youth described in subparagraph (A).
(ii)
Any special Federal financial aid rules that may apply to such youth, including treatment as an independent student in accordance with section 480(d)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(B)).
(iii)
The Free Application for Federal Student Aid (FAFSA), including questions and provisions specific to such youth.
(iv)
Any Federal post-secondary education supports or services available to such youth, including through the Federal TRIO programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.) and demonstration projects provided with support or assistance from the Fund for the Improvement of Postsecondary Education established under section 741 of such Act (20 U.S.C. 1138).
(v)
The vouchers available for education and training under the John H. Chafee Foster Care Independence Program in accordance with section 477(i) of the Social Security Act (42 U.S.C. 677(i)).
(vi)
Such additional information as the Secretaries determine appropriate.
(C)
Implementation— The information clearinghouse required under subparagraph (A) shall be established and accessible by the public not later than the date that is 6 months after the date of enactment of this Act. The Secretaries shall collaborate with respect to the collection and dissemination of information in the clearinghouse to the public and shall regularly update such information.
(D)
Funding— There is appropriated to carry out this paragraph, $1,000,000 for fiscal year 2015 and each fiscal year thereafter, to remain available until expended.
(2)
Title IV–E state plan amendment— Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended—
(A)
in paragraph (32), by striking “and” after the semicolon;
(B)
in paragraph (33), by striking the period at the end and inserting “; and”; and
(C)
by inserting after paragraph (33), the following:

“(34) provides that the State agency regularly shall provide children in foster care under the responsibility of the State, children for whom adoption assistance payments or kinship guardianship assistance payments are made under section 473, and children who were formerly in foster care with notice of, and access to, the information clearinghouse of Federal financial aid and other post-secondary supports or services for former foster youth established under section 203(b) of the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013.”

Sec. 204 Increased funding for housing assistance for victims of sex trafficking and other youth and additional changes to support successful transitions to adulthood through the John H. Chafee Foster Care Program

(a)
Housing assistance for victims of sex trafficking and other youth— Section 477(a)(5) of the Social Security Act (42 U.S.C. 677(a)(5)) is amended to read as follows:

“(5)

“(A) to provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 16 and 26 years of age so that those individuals can take on increasing and age or developmentally appropriate responsibilities and have the ability to form and maintain appropriate and healthy relationships; and

“(B) to provide housing assistance to youth who have aged out of foster care, who have not attained age 26, and who are pregnant, parenting, or a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))) or a severe form of trafficking in persons described in paragraph (9)(A) of that Act (22 U.S.C. 7102(9)(A)) or are at risk of being a victim of either kind of trafficking;”

(b)
Funding—
(1)
In general— Section 477 of the Social Security Act (42 U.S.C. 677) is amended by adding at the end the following:

“(k) Funding for housing assistance for victims of sex trafficking and other youth and for education and training vouchers—In addition to any other amounts made available under subsection (h) to carry out this section, there are appropriated for each fiscal year—

“(1) for payments under section 474(a)(4), $440,000,000, which shall be available only to carry out the purposes described in subsection (a)(5)(B) and allotted to States in accordance with subsection (c)(5); and

“(2) for payments under section 474(e), $60,000,000, which shall be allotted to States under subsection (c)(3) for education and training vouchers for youth who age out of foster care in the same manner as amounts appropriated pursuant to subsection (h)(2) are allotted to States for such vouchers.”

(2)
State allotments—
(A)
In general— Section 477(c) of such Act (42 U.S.C. 677(c)) is amended—
(i)
in paragraph (3)—
(I)
by inserting “and the amount appropriated under subsection (k)(2) for a fiscal year” after “subsection (h)(2) for a fiscal year”; and
(II)
by striking “multiplied by the amount” and inserting “multiplied by the sum of the amounts”; and
(ii)
by adding at the end the following:

“(5) Housing assistance allotment—In addition to other amounts allotted to States under this subsection, the Secretary shall determine a methodology for allotting the amounts made available under subsection (k)(1) for carrying out the purposes described in subsection (a)(5)(B) to those States that satisfy the requirements of subparagraphs (F) and (J)(iii) of subsection (b)(3).”

(B)
Conforming amendment— Section 477(b)(3)(B) of such Act (42 U.S.C. 677(b)(3)(B)) is amended by inserting “paragraphs (1) and (3) of ” before “subsection (c)”.
(3)
Payments to states— Section 474 of such Act (42 U.S.C. 674) is amended—
(A)
in subsection (a)(4)(A)(ii), by striking “section 477(c)(1)” and inserting “paragraphs (1) and (5) of section 477(c)”; and
(B)
in subsection (e)—
(i)
in the subsection heading, by striking “Discretionary”; and
(ii)
in the matter preceding paragraph (1), by inserting “(and from amounts appropriated under section 477(k)(2), the Secretary shall make a grant to a State with a plan approved under this part)” after “may make a grant to a State with a plan approved under this part”.
(4)
Demonstration of program coordination— Section 477(b)(3) of such Act (42 U.S.C. 677(b)(3)) is amended—
(A)
in subparagraph (F)—
(i)
by striking “the State will make every effort” and inserting “demonstrates the efforts made by the State”; and
(ii)
by striking “part B of title III of the Juvenile Justice and Delinquency Prevention Act of 1974)” and inserting “the Runaway and Homeless Youth Act), giving priority to programs with demonstrated success in serving transition aged at-risk youth, tenant-based assistance provided under the family unification program under section 8(x)(2)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)(2)(B)), benefits or assistance provided under the temporary assistance for needy families program funded under part A of this title, the low-income housing credit for units occupied by students described in section 42(i)(3)(D) of the Internal Revenue Code of 1986, the programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.),”; and
(B)
in subparagraph (J)—
(i)
in clause (i), by striking “and” after the semicolon;
(ii)
in clause (ii), by striking the period at the end and inserting “; and”; and
(iii)
by adding at the end the following:

“(iii) to ensure that the program is coordinated with other appropriate education and training programs, including the programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.).”

(c)
Other improvements— Section 477 of the Social Security Act (42 U.S.C. 677), as amended by subsections (a) and (b), is amended—
(1)
in the section heading, by striking “Independence” and inserting “Successful Transition to Adulthood”;
(2)
in subsection (a)—
(A)
in paragraph (1), by striking “identify” and all that follows through the semicolon, and inserting “support all youth that have experienced foster care and who are age 16 or older in their transition to adulthood;”;
(B)
in paragraph (2), by striking “who are likely” and all that follows through the semicolon, and inserting “who experience foster care and are age 16 or older achieve meaningful, permanent connections with a caring adult;”;
(C)
in paragraph (3), by striking “who are likely” and all that follows through the semicolon, and inserting “that experience foster care and who are age 16 and older engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience;”;
(D)
in paragraph (6), by striking “, to youths who have aged out of foster care”; and
(E)
in paragraph (7), by inserting “(other than assistance described in paragraph (5)(B))” after “subsection”;
(3)
in subsection (b)—
(A)
in paragraph (2)(D), by striking “adolescents” and inserting “youth”; and
(B)
in paragraph (3)—
(i)
in subparagraph (A), by striking “21” and inserting “26”;
(ii)
in subparagraph (B), by striking “21” and inserting “26”;
(iii)
in subparagraph (D)—
(I)
by inserting “on youth development” after “to provide training”; and
(II)
by striking “adolescents preparing for independent living” and all that follows through the period and inserting “youth preparing for a successful transition to adulthood and a permanent connection with a caring adult.”;
(iv)
in subparagraph (H), by striking “adolescents” each place it appears and inserting “youth”; and
(v)
in subparagraph (K)—
(I)
by striking “an adolescent” and inserting “a youth”; and
(II)
by striking “the adolescent” each place it appears and inserting “the youth”; and
(4)
in subsection (f), by striking paragraph (2) and inserting the following:

“(2) Report to congress—Not later than 12 months after the date of enactment of the Improving Outcomes for Youth At Risk for Sex Trafficking Act of 2013, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the National Youth in Transition Database and any other databases in which States report outcome measures relating to children in foster care and children who have aged out of foster care or left foster care for kinship guardianship or adoption. The report shall include the following:

“(A) A description of the reasons for entry into foster care and of the foster care experiences, such as length of stay, number of placement settings, and case goal, of 17-year-olds who are surveyed by the National Youth in Transition Database and an analysis of the comparison of that description with the reasons for entry and foster care experiences of children who exit from foster care before attaining age 17.

“(B) A description of the characteristics of the individuals who report poor outcomes at ages 19 and 21 to the National Youth in Transition Database.

“(C) An analysis of the comparison of outcomes for youth who are surveyed by the National Youth in Transition Database with the outcomes for youth of the same age in the general population, particularly with respect to the how well youth who remain in foster care fare relative to their peers, and with respect to identifying benchmarks for determining what constitutes a poor outcome for youth who remain in foster care.

“(D) An analysis of the association between types of placement, number of overall placements, time spent in foster care, and other factors, and outcomes at ages 19 and 21.

“(E) An analysis of the differences in outcomes for children in foster care at age 19 and 21 among States, and of the extent to which improved outcomes are being achieved in States that have elected a higher eligibility age for foster care under section 475(8)(B)(iii).”

(d)
Collection and dissemination of housing assistance best practices—
(1)
Requirement to collect best practices— The Secretary of Health and Human Services shall collect and make publicly available information regarding best practices for providing housing assistance for youth who have aged out of foster care and for youth who are pregnant, parenting, victims of sex trafficking, or are at risk of being victims of sex trafficking.
(2)
Regulations— The Secretary shall solicit comments from States on the best practices collected and made publicly available under paragraph (1) and not later than 1 year after the date on which such best practices are first made publicly available, issue regulations based on such best practices and State comments.
(3)
Definition of sex trafficking— In this subsection, the term sex trafficking has the meaning given that term in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and includes a severe form of trafficking in persons described in paragraph (9)(A) of that Act (22 U.S.C. 7102(9)(A)).

Sec. 205 Authority for monthly caseworker visits to occur electronically for foster youth age 18 or older

(a)
In general— Section 422(a)(17) of the Social Security Act (42 U.S.C. 622(a)(17)) is amended by inserting “(which, if the child has attained age 18, may occur by telephone or using a voice over Internet Protocol)” after “on a monthly basis”.
(b)
Effective date— The amendment made by this section takes effect on the date of enactment of this Act.