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

S. 1878 · 113th Congress · Dec 19, 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)—
(i)
by striking “16” and inserting “14”; and
(ii)
by striking “independent living” and inserting “a successful adulthood and that the permanency plan for the child is developed in accordance with the requirements specified in paragraph (1)(B)”; and
(B)
in subparagraph (I), by striking “16” and inserting “14”.
(c)
Transition planning for a successful adulthood— Paragraphs (1)(D) 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 102(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 an age or developmentally appropriate 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 for the development of the plan for the child under paragraph (1)(B) of section 475 of such Act, the permanency plan required for the child under paragraph (5)(C) of section 475 of such Act, and for any revisions or additions to such plans; and
(2)
a description of best practices of States with respect to the administration of the requirement.

Sec. 202 Ensuring foster youth have a birth certificate, Social Security card, driver's license or equivalent State-issued identification 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, a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, 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 not to have such an account established”.
(b)
Penalty for noncompliance— Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following:

“(h) Reduced federal matching percentage for administration for failure To ensure foster youth have a birth certificate, social security card, picture ID, 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, a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, 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), not to 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—
(1)
In general— Subject to paragraph (2), the amendments made by this section take effect on October 1, 2015.
(2)
Extension for State law amendment— In the case of a State plan approved under part B or E 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 the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such part 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 ends after the 1-year period beginning with the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.