Grandfamilies Act of 2023
A BILL
To provide greater support for grandfamilies and older caregiver relatives.
Sec. 2 Increasing access to Social Security benefits for children who live with grandparents or other family members
“(9)
“(A) In the case of a child who is the child of an individual under clause (3) of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence, the criteria specified in subparagraph (B) shall apply instead of the criteria specified in subparagraph (C) of paragraph (1).
“(B) The criteria of this subparagraph are that—
“(i) the child has been living with such individual in the United States for a period of not less than 12 months;
“(ii) the child has been receiving not less than ½ of the child's support from such individual for a period of not less than 12 months; and
“(iii) the period during which the child was living with such individual began before the child attained age 18.
“(C) In the case of a child who is less than 12 months old, such child shall be deemed to meet the requirements of subparagraph (B) if, on the date the child attains 1 year of age, such child has lived with such individual in the United States and received at least ½ of the child's support from such individual for substantially all of the period which began on the date of such child's birth.”
Sec. 3 Eliminating barriers to TANF for children, older caregiver relatives, and caregiver relatives caring for a child with a disability
“(13) Disregard of income, assets, and resources for nonparent caregiver relatives in child-only cases
“(A) In general—With respect to a minor child who does not reside in the same household as a parent of the child, a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of such child's nonparent caregiver relative who is not seeking assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf in determining whether the child is eligible for assistance under any such program, or in determining the amount or types of such assistance to be provided to the child.
“(B) Exception—Subparagraph (A) shall not apply in the case of a State program—
“(i) that is operated specifically for children living with nonparent caregiver relatives;
“(ii) that provides monthly financial assistance to a child living with a nonparent caregiver relative in an amount that is greater than the amount of assistance that the child would receive on the child's own behalf under the State program funded under this part;
“(iii) that is separate from the State program funded under this part; and
“(iv) that is described in the State plan submitted under section 402.”
“(17) Penalty for failure to disregard income, assets, and resources of nonparent caregiver relative in child-only cases—If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant.”
“(H) No limit for child-only cases—A State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family in which all adults in the family—
“(i) are nonparent caregiver relatives of a child who does not reside in the same household of the parent of the child; and
“(ii) do not receive assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf.”
“(18) Penalty for failure to comply with 5-year cap exemptions—If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subparagraph (H) of section 408(a)(7) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant”
“(h) State required To exempt nonparent caregiver relatives from work participation in child-Only cases—A State shall not require an individual to engage in work if the individual—
“(1) is the nonparent caregiver relative of a child who does not reside in the same household as a parent of the child; and
“(2) resides in a household in which no adult receives assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf.”
“(19) Penalty for failure to comply with work participation exemptions—If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subsection (h) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant.”
“(I) Non-application of limit to older caregiver relatives and caregiver relatives caring for a child with a disability
“(i) No limit for older caregiver relatives and caregiver relatives caring for a child with a disability—Subparagraph (A) shall not apply and a State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) based on receipt of such assistance by an individual who is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)).
“(ii) Disregard of months of assistance—In determining the number of months for which a family that includes an adult who has received assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State shall disregard any month for which such assistance was provided with respect to the family during which such adult was an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)).”
“(i) State required To exempt caregiver relatives from work participation where caregiver receives assistance—A State shall not require an individual to engage in work, and, at the option of the State and on a case-by-case basis, may disregard such individual in determining the participation rates under section 407(a), if the individual—
“(1) is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of subsection (a)(14)); and
“(2) directly receives assistance on the individual’s own behalf under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)).”
“(14) Disregard of income, assets, and resources for older caregiver relatives and caregiver relatives caring for a child with a disability
“(A) In general—In determining the eligibility for, and amount of, assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family that includes an individual who is an older caregiver relative (as defined in subparagraph (B)) or a caregiver relative caring for a child with a disability (as defined in subparagraph (C)), a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of that individual.
“(B) Definition of older caregiver relative
“(i) In general—For purposes of this paragraph, the term older caregiver relative means an individual who—
“(I) subject to clause (ii), has attained age 55; and
“(II) is the primary caregiver for a minor child who—
“(aa) is living with the individual;
“(bb) does not have a parent living in the home; and
“(cc) is a grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse.
“(ii) State option to modify age criterion—At the option of a State, such term shall include an individual who has not attained age 55.
“(iii) Determination to be made by State—The determination of whether an individual meets the criteria described in clause (i)(II) shall be made by the State.
“(C) Definition of caregiver relative caring for a child with a disability
“(i) In general—For purposes of this paragraph, the term caregiver relative caring for a child with a disability means an individual, regardless of age, who is the primary caregiver for a minor child who—
“(I) is living with the individual;
“(II) is a child, grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse; and
“(III) has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
“(ii) Determination to be made by State—The determination of whether an individual meets the criteria described in clause (i) shall be made by the State.”
“(20) Penalty for failure to disregard income, assets, and resources for older caregiver relatives—If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant.”
Sec. 4 Improving the collection of child support for families receiving TANF assistance
“(30) include a description of—
“(A) the methods used by the State to determine whether an individual who has applied for or is receiving assistance under the State program funded under part A, the State program under part E, the State program under title XIX, or the supplemental nutrition assistance program, as defined under section 3(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(h)), is cooperating in good faith with the State in establishing paternity or in establishing, modifying, or enforcing a support order, as provided in paragraph (29);
“(B) the State’s process for determining in a timely manner whether such an individual satisfies the cooperation requirement described in subparagraph (A) due to the individual’s participation in another State or Federal assistance program;
“(C) the good cause or other exceptions to the cooperation requirement that the State recognizes, including an explanation of any special requirements or considerations for a relative caregiver seeking to apply for such an exception; and
“(D) how the State makes clear to an individual who has applied for or is receiving assistance under a program referred to in subparagraph (A)—
“(i) what, if anything, the individual needs to do in order to satisfy the cooperation requirement, including explaining to the individual how the individual might satisfy the requirement through participation in another State or Federal assistance program;
“(ii) the effect on the individual’s eligibility to receive assistance under a program referred to in subparagraph (A), and under other State or Federal assistance programs, if the individual fails to satisfy the cooperation requirement; and
“(iii) the good cause or other exceptions to the cooperation requirement for which the individual may be eligible, including if a standard of proof is required to qualify for each exception and an explanation of any special requirements or considerations for caregiver relatives;”
Sec. 5 Encouraging States to adopt temporary guardianship laws
“(14)
“(A) The term temporary guardianship law means a State law that allows for the establishment, by operation of such law and through an easily navigable simple civil process, of a relationship between a child and a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents in which some of the parental rights with respect to the child are transferred to the caregiver for a specified period of time which may be extended or renewed, except that the total period of time for which such rights are transferred to the caregiver (including any extensions or renewals) shall not exceed a maximum period of time (as established by the State).
“(B) Under the process established under a law described in subparagraph (A)—
“(i) court fees shall be waived or reduced; and
“(ii) any court forms or filings related to the process are easy enough to understand that a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents could reasonably complete such forms or filings without legal assistance.”