Section 1 Short title
This Act may be cited as the “Increasing Access to Foster Care Through Age 21 Act”.
Increasing Access to Foster Care Through Age 21 Act
A BILL
To provide an incentive for States to extend child welfare support and services for youth through 21 years of age, and to allow youth to re-enter foster care after attaining 18 years of age, both without regard to the AFDC eligibility of their parents or legal guardians, and for other purposes.
Sec. 2 Findings
The Congress finds that each additional year in extended foster care has—
significantly increased the probability that youth completed a high school credential by approximately 8 percent;
increased their expected probability of enrolling in college by between 10 percent and 11 percent;
increased the number of quarters that youth have been employed between their 18th and 21st birthdays;
increased the amount of money youth have had in bank accounts by an average of approximately $404;
increased the odds that youth have described a professional as a source of social support;
significantly decreased the amount of money youth have received in need-based public food assistance by an average of more than $700;
decreased the odds of having experienced an additional economic hardship between the ages of 17 and 21 by approximately 12 percent;
decreased the odds of being homeless or couch-surfing between the ages of 17 and 21 by approximately 28 percent;
decreased the odds that youth have become pregnant or impregnated a female between the ages of 17 and 21 by approximately 28 percent; and
decreased the odds that youth have been arrested between the ages of 17 and 21 by approximately 41 percent and decreased the odds that youth have been convicted of a crime during the same period by approximately 40 percent.
Sec. 3 Extended child welfare support and services for youth transitioning from foster care
by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”;
by striking subparagraph (B) and inserting the following:
“(B) At the option of the State and youth involved, the term shall include a youth who is in foster care under the responsibility of the State.”
by adding at the end the following:
“(C) The term shall include a youth—
“(i)
“(I) with respect to whom an adoption assistance agreement is in effect under section 473 if the youth had attained 16 years of age before the agreement became effective; or
“(II) with respect to whom a kinship guardianship assistance agreement is in effect under section 473(d) if the youth had attained 16 years of age before the agreement became effective; and
“(ii) who has not attained 19, 20, 21, or 22 years of age, as the State may elect.
“(D) In this paragraph, the term youth means an individual—
“(i) who has attained 18 years of age; and
“(ii) who has not attained 22 years of age.”
Guidance and technical assistance— The Secretary of Health and Human Services shall provide guidance and technical assistance to States on best practices for outreach to youth who are newly eligible for services as a result of the enactment of this section.
Sec. 4 Promoting the re-entry of youth into extended foster care
by striking “and” at the end of paragraph (36);
by adding “and” at the end of paragraph (37); and
by adding at the end the following:
“(38) if the State exercises the option provided for in section 475(8), shall—
“(A) permit any youth who has attained 18 years of age and meets the requirements of section 475(8)(C) to voluntarily re-enter foster care; and
“(B) facilitate the voluntary return of any such youth to foster care.”
Guidance and technical assistance— The Secretary of Health and Human Services shall provide guidance and technical assistance to States on best practices for outreach to youth who have left foster care and are otherwise eligible for re-entry into foster care.
Sec. 5 Providing for States to improve outcomes for transition-aged youth and young adults
Section 472(a)(1)(B) of the Social Security Act (42 U.S.C. 672(a)(1)(B)) is amended by inserting “except in the case of a youth who has attained 18 years of age and meets the requirements of section 475(8)(C),” before “the child”.
Sec. 6 Effective date
In general— The amendments made by this Act 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.
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 developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, 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.
Sec. 7 Workforce development
Within 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, through the Administration for Children and Families, shall, in consultation with the Secretary of Labor, develop and issue guidance to State and local agencies operating a program under a State plan approved under part E of title IV of the Social Security Act on how case workers can connect youth eligible for foster care by reason of an amendment made by section 3 or 4 of this Act to workforce development programs under title I of the Workforce Innovation and Opportunity Act.