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Title II — Other Support for Responding to the COVID–19 Public Health Emergency

S. 4172 · 116th Congress · Jul 2, 2020 · Lineage

II Other Support for Responding to the COVID–19 Public Health Emergency

Sec. 201 State option to waive licensing requirement for purposes of satisfying the 6-month residency requirement for kinship guardianship assistance payments

During the period that begins on February 1, 2020, and ends on September 30, 2022, notwithstanding any other provision of law, for purposes of determining whether a child is eligible for kinship guardianship assistance payments under section 473(d) of the Social Security Act (42 U.S.C. 673(d)), a State or Indian tribe or tribal organization may elect to count any consecutive months the child resided in the home of the prospective relative guardian towards the 6-month residency requirement of paragraph (3)(A)(i)(II) of that section, without regard to whether the home of the prospective relative guardian was a licensed foster family home during any such month.

Sec. 202 Moratorium on aging out of foster care

(a)
In general— During the period that begins on February 1, 2020, and ends on September 30, 2022, notwithstanding any other provision of law—
(1)
no State, Indian tribe, tribal organization, or tribal consortium operating a program under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) shall require a child in foster care under the responsibility of the State to leave foster care solely by reason of the child’s age attained; and
(2)
no child in foster care under the responsibility of the State, Indian tribe, tribal organization, or tribal consortium shall be found ineligible for foster care maintenance payments under section 472 of such Act (42 U.S.C. 672) solely by reason of the child's age attained or by reason of failing to meet the requirements of section 475(8)(B)(iv) of such Act (42 U.S.C. 675(8)(B)(iv)).
(b)
Outreach and re-Entry— Each State and Indian tribe, tribal organization, or tribal consortium operating a program under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) shall—
(1)
identify and provide notice to any child who was formally discharged from foster care by reason of the child's age attained during the moratorium period imposed under subsection (a) that the child shall be re-entered into foster care, unless the child elects to opt out; and
(2)
establish procedures to facilitate the child's re-entry into foster care, which shall include payment of any foster care maintenance payments the child is eligible for during the moratorium period imposed under subsection (a) (including any such payments accrued before the child was re-entered into foster care).
(c)
Application— The requirements of this section apply to a State, Indian tribe, tribal organization, or tribal consortium operating a program under part E of title IV of the Social Security Act without regard to whether the State, Indian tribe, tribal organization, or tribal consortium has elected under section 475(8)(B) of such Act (42 U.S.C. 675(8)(B)) to extend foster care to children who have attained age 18.

Sec. 203 Temporary increase of matching rates for kinship guardianship assistance payments, adoption assistance payments for kin caregivers, and Family First prevention services

For each quarter that begins after March 31, 2020, and before October 1, 2022—
(1)
paragraph (2) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)) shall be applied as if (or, with respect to such payments made during such quarter to any adoptive parents who, at the time of the initiation of adoption proceedings, were relative guardians or kin caregivers, an amount equal to 100 percent of the total amount expended during such quarter as adoption assistance payments under section 473 pursuant to adoption assistance agreements) appeared in such paragraph after applies to the State);
(2)
paragraph (5) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)) shall be applied by substituting 100 percent for the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed; and
(3)
paragraphs (6)(A)(i)(I) and (7) of such section shall be applied by substituting 100 percent for 50 percent each place it appears.