I 

109TH CONGRESS 

1ST SESSION H. R. 3380 

To amend part E of title IV of the Social Security Act to provide Federal 

support and assistance to children living with guardians and kinship 

caregivers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2005 

Mr. DAVIS of Illinois (for himself and Ms. JACKSON-LEE of Texas) introduced 

the following bill; which was referred to the Committee on Ways and 

Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend part E of title IV of the Social Security Act 

to provide Federal support and assistance to children 

living with guardians and kinship caregivers, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guardianship Assist5 ance Promotion and Kinship Support Act’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—GUARDIANSHIP ASSISTANCE PROMOTION 

Sec. 101. Findings. 

Sec. 102. Legal guardianship assistance payments for children. 

TITLE II—ADDITIONAL SUPPORTS FOR GUARDIANS AND KINSHIP 

PROVIDERS 

Sec. 201. Authority to use foster care independence program funds to provide 

independent living services, education and training vouchers, 

and room and board for children who exit foster care to guardianship or adoption after attaining age 14. 

Sec. 202. Expansion of definition of family support services to include assisting 

kinship caregivers or guardians in locating and accessing needed services. 

Sec. 203. Flexibility to establish separate standards for relative foster family 

homes. 

Sec. 204. Notice to relatives when children enter foster care. 

Sec. 205. Expansion of eligibility for foster care independence program. 

TITLE III—NAVIGATOR PROGRAM 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Grants. 

Sec. 304. Federal share. 

Sec. 305. Applications. 

Sec. 306. Use of grant funds. 

Sec. 307. Administration of the program. 

Sec. 308. Reservation. 

Sec. 309. Authorization of appropriations. 

3 TITLE I—GUARDIANSHIP 

4 ASSISTANCE PROMOTION 

5 SEC. 101. FINDINGS. 

6 The Congress finds the following: 

7 (1) By enacting the Adoption and Safe Families 

8 Act of 1997 (Public Law 105–89) and the Adoption 

9 Assistance and Child Welfare Act of 1980 (Public 

10 Law 96–272), the Congress recognized the need to 
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1 align Federal incentives with the desired goal of pro2 viding abused and neglected children safe, perma3 nent homes. 

4 (2) According to the nonpartisan Pew Commis5 sion on Children in Foster Care composed of former 

6 Members of Congress of both parties and other child 

7 welfare experts, between 1997 and 2002, adoptions 

8 increased by 64 percent, and each State, the District 

9 of Columbia, and Puerto Rico has earned an award 

10 for increasing adoptions. 

11 (3) Adoption represents only one avenue to per12 manency for children in the foster care system, af13 fecting only 9 percent of children in foster care in 

14 2003. Adoption is not a viable option for many chil15 dren in foster care. Children living with relatives are 

16 less likely to use adoption, and courts explicitly rule 

17 out this permanency option for thousands of children 

18 each year. 

19 (4) Moreover, due to cultural norms, adoption 

20 is not equally availed by children and families of all 

21 races and ethnicities. African-American children live 

22 in kinship care arrangements more than in other 

23 types of care arrangements and have a lower rate of 

24 adoption than other children, making reunification 
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1 and legal guardianship important permanency op2 tions for this population. 

3 (5) Reunification and legal guardianship are 

4 central avenues by which any child in foster care 

5 may enter stable, caring homes. In 2002, 54 percent 

6 of children in foster care were reunified with their 

7 parents and 4 percent obtained legal guardianship. 

8 (6) Unfortunately, studies show that the focus 

9 on adoption has had the unintended consequence of 

10 reducing the likelihood of reunifying children with 

11 their birth families. 

12 (7) Moreover, Federal guidelines create a finan13 cial disincentive to legal guardianship because im14 portant Federal support ceases once legal guardian15 ship is established, presenting an overwhelming 

16 hardship for caretakers given the known health and 

17 mental health problems of children who have been in 

18 foster care. Research indicates that 30 to 40 percent 

19 of youth in foster care experience chronic medical 

20 problems. 

21 (8) To help meet the needs of foster children 

22 with special needs who are adopted, approximately 

23 $308 per month in Federal funds is provided to 

24 their adoptive families. The Federal Government 

25 pays approximately $387 per month to cover all 
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1 adoption assistance program costs, including month2 ly payments to families, administration, and train3 ing. 

4 (9) Remaining in foster care when stable, per5 manent families are available places unnecessary 

6 burdens on States, caseworkers, and families, requir7 ing regular court appearances, quarterly case re8 views, monthly caseworker visits, and government in9 volvement in routine family activities and decisions. 

10 (10) Since 1997, many States have developed 

11 subsidized legal guardianship programs. Empirical 

12 research demonstrates that this option dramatically 

13 increases the number of children in permanent 

14 homes, with the largest reductions in foster care 

15 caseloads occurring when the Federal Government 

16 provides the funding and when the financial benefits 

17 for foster care match those of legal guardianship. 

18 SEC. 102. LEGAL GUARDIANSHIP ASSISTANCE PAYMENTS 

19 FOR CHILDREN. 

20 (a) IN GENERAL.—Part E of title IV of the Social 

21 Security Act (42 U.S.C. 670–679b) is amended by insert22 ing after section 472 the following: 
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1 ‘‘SEC. 472A. LEGAL GUARDIANSHIP ASSISTANCE PAYMENTS 

2 FOR CHILDREN. 

3 ‘‘(a) IN GENERAL.—Each State with a plan approved 

4 under this part may, at State option, enter into legal 

5 guardianship assistance agreements to provide legal 

6 guardianship assistance payments on behalf of children to 

7 individuals who have assumed legal guardianship (as de8 fined in section 475(7)) of children for whom they have 

9 cared as foster parents and whom they have committed 

10 to care for on a permanent basis. 

11 ‘‘(b) LEGAL GUARDIANSHIP ASSISTANCE AGREE12 MENT.— 

13 ‘‘(1) IN GENERAL.—In order to receive pay14 ments under section 474(a)(5)— 

15 ‘‘(A) a State shall— 

16 ‘‘(i) negotiate and enter into a written 

17 legal guardianship assistance agreement 

18 with the prospective legal guardian of a 

19 child who meets the requirements of sub20 section (d); 

21 ‘‘(ii) provide the prospective legal 

22 guardian with a copy of the agreement; 

23 and 

24 ‘‘(iii) certify that any child on whose 

25 behalf legal guardianship assistance pay26 ments are made under such an agreement 
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1 shall be provided medical assistance under 

2 title XIX in accordance with section 

3 1902(a)(10)(A)(i)(I); and 

4 ‘‘(B) the chief executive officer of the State 

5 shall certify to the Secretary that the State 

6 will— 

7 ‘‘(i) inform the individuals who pre8 pare the case plan for a child of the full 

9 range of permanency options available to 

10 children, including guardianship, and pro11 vide or otherwise make accessible to the in12 dividuals information on the range of phys13 ical and mental health, financing, housing, 

14 counseling, employment, education, and 

15 other support services which guardians and 

16 children may receive; and 

17 ‘‘(ii) inform families considering 

18 guardianship of all permanency options 

19 available to the child and of the range of 

20 physical and mental health, financial, 

21 housing, counseling, employment, edu22 cation, and other support services which 

23 guardians and children may receive. 

24 ‘‘(2) MINIMUM REQUIREMENTS.—The agree25 ment shall specify, at a minimum— 
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1 ‘‘(A) the amount of, and manner in which, 

2 each legal guardianship assistance payment, if 

3 any, will be provided under the agreement; 

4 ‘‘(B) the additional services and assistance 

5 for which the child and legal guardian will be 

6 eligible under the agreement; 

7 ‘‘(C) the procedure by which the legal 

8 guardian may apply for additional services as 

9 needed, provided the agency and legal guardian 

10 agree on the additional services as specified in 

11 the case plan; and 

12 ‘‘(D) subject to paragraph (4), that the 

13 State will pay the nonrecurring expenses associ14 ated with obtaining legal guardianship of the 

15 child. 

16 ‘‘(3) INTERSTATE APPLICATION.—The agree17 ment shall provide— 

18 ‘‘(A) that the agreement shall remain in 

19 effect without regard to the State residency of 

20 the legal guardian; and 

21 ‘‘(B) for the protection (under an inter22 state compact approved by the Secretary or oth23 erwise) of the interests of the child in any case 

24 where the legal guardian and the child move to 

25 another State while the agreement is in effect. 
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1 ‘‘(4) NONRECURRING EXPENSES ASSOCIATED

2 WITH OBTAINING LEGAL GUARDIANSHIP.— 

3 ‘‘(A) IN GENERAL.—For purposes of para4 graph (2)(D), the term ‘nonrecurring expenses 

5 associated with obtaining legal guardianship’ in6 cludes the reasonable and necessary fees, court 

7 costs, attorneys’ fees, and other expenses that 

8 are directly related to obtaining legal guardian9 ship of the child and are not incurred in viola10 tion of Federal or State law. 

11 ‘‘(B) FEDERAL SHARE.—A State’s pay12 ment of the nonrecurring expenses associated 

13 with obtaining legal guardianship shall be treat14 ed as an expenditure made for the proper and 

15 efficient administration of the State plan under 

16 section 474(a)(3)(E). 

17 ‘‘(c) LEGAL GUARDIANSHIP ASSISTANCE PAY18 MENT.— 

19 ‘‘(1) REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—The legal guardian21 ship assistance payment shall be— 

22 ‘‘(i) negotiated as part of the legal 

23 guardianship assistance agreement re24 quired under subsection (b)(1)(A)(i) be25 tween the legal guardian and the State or 
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1 local agency responsible for administering 

2 the agreement; 

3 ‘‘(ii) based on consideration of the cir4 cumstances and the needs of the legal 

5 guardian and the child; and 

6 ‘‘(iii) equal to the amount of the fos7 ter care maintenance payment which would 

8 have been payable with respect to the child 

9 if the child had remained in foster care. 

10 ‘‘(B) READJUSTMENT.—The legal guard11 ianship assistance payment may be readjusted 

12 periodically, with the concurrence of the legal 

13 guardian, based on relevant changes in the 

14 needs of the legal guardian and the child. 

15 ‘‘(2) LIMITATION.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), a legal guardianship assist18 ance payment may not be made with respect to 

19 a child who has attained 18 years of age. 

20 ‘‘(B) EXCEPTIONS.—A legal guardianship 

21 assistance payment may be made with respect 

22 to a child who— 

23 ‘‘(i) is a full-time student in a sec24 ondary school or in the equivalent level of 
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1 a vocational or technical training program, 

2 and has not attained 19 years of age; or 

3 ‘‘(ii) the State determines has a men4 tal or physical disability that warrants the 

5 continuation of assistance until the child 

6 attains 21 years of age. 

7 ‘‘(d) CHILD’S ELIGIBILITY FOR A LEGAL GUARDIAN8 SHIP ASSISTANCE PAYMENT.— 

9 ‘‘(1) IN GENERAL.—A child is eligible for a 

10 legal guardianship assistance payment under this 

11 section if the State agency determines the following: 

12 ‘‘(A) The child— 

13 ‘‘(i) has been under the care of the 

14 State agency for the 12-month period end15 ing on the date of the agency determina16 tion; and 

17 ‘‘(ii) while under such care, was eligi18 ble for foster care maintenance payments 

19 under section 472 or would have been eligi20 ble for such payments but for his or her 

21 placement in the unlicensed home of a rel22 ative determined by the courts and the 

23 State agency responsible for child protec24 tive services to be safe and the best home 

25 for the child. 
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1 ‘‘(B) Being returned home or adopted are 

2 not appropriate permanency options for the 

3 child. 

4 ‘‘(C) The child demonstrates a strong at5 tachment to the prospective legal guardian and 

6 the prospective legal guardian has a strong 

7 commitment to caring permanently for the 

8 child. 

9 ‘‘(D) With respect to a child who has at10 tained 14 years of age, the child has been con11 sulted regarding the legal guardianship ar12 rangement. 

13 ‘‘(2) TREATMENT OF SIBLINGS.—With respect 

14 to a child described in paragraph (1) whose sibling 

15 or siblings are not so described— 

16 ‘‘(A) the child and any minor sibling of the 

17 child may be placed in the same legal guardian18 ship arrangement if the State agency and the 

19 prospective legal guardian agree on the appro20 priateness of the arrangement for the siblings; 

21 and 

22 ‘‘(B) legal guardianship assistance pay23 ments may be paid for the child and each sib24 ling so placed.’’. 

25 (b) CONFORMING AMENDMENTS.— 
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1 (1) STATE PLAN REQUIREMENT.—Section 

2 471(a)(20)(A) of such Act (42 U.S.C. 671(a)(20)) is 

3 amended in the matter preceding clause (i) by strik4 ing ‘‘foster or adoptive parent before the foster or 

5 adoptive parent may be finally approved for place6 ment of a child on whose behalf foster care mainte7 nance payments or adoption assistance payments’’ 

8 and inserting ‘‘foster parent, adoptive parent, or 

9 legal guardian before the foster parent, adoptive par10 ent, or legal guardian may be finally approved for 

11 placement of a child on whose behalf foster care 

12 maintenance payments, adoption assistance pay13 ments, or legal guardianship assistance payments’’. 

14 (2) PAYMENTS TO STATES.—Section 474(a) of 

15 such Act (42 U.S.C. 674(a)) is amended— 

16 (A) in paragraph (3)(B), by striking ‘‘fos17 ter or adoptive parents and the members of the 

18 staff of State-licensed or State-approved child 

19 care institutions providing care to foster and 

20 adopted children receiving assistance under this 

21 part, in ways that increase the ability of such 

22 current or prospective parents, staff members, 

23 and institutions to provide support and assist24 ance to foster and adopted children,’’ and in25 serting ‘‘foster parents, adoptive parents, or 
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1 legal guardians and the members of the staff of 

2 State-licensed or State-approved child care in3 stitutions providing care to foster children, 

4 adoptive children, or children living with a legal 

5 guardian, who are receiving assistance under 

6 this part, in ways that increase the ability of 

7 such current or prospective parents, legal 

8 guardians, staff members, and institutions to 

9 provide support and assistance to foster chil10 dren, adoptive children, or children living with 

11 a legal guardian,’’; 

12 (B) in paragraph (4)(B), by striking the 

13 period at the end and inserting ‘‘; plus’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(5) an amount equal to the Federal medical 

16 assistance percentage (as defined in section 1905(b)) 

17 of the total amount expended during such quarter as 

18 legal guardianship assistance payments under sec19 tion 472A pursuant to legal guardianship assistance 

20 agreements.’’. 

21 (3) DEFINITIONS.—Section 475(1) of such Act 

22 (42 U.S.C. 675(1)) is amended by adding at the end 

23 the following: 

24 ‘‘(F) In the case of a child with respect to 

25 whom the permanency plan is placement with a 
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1 legal guardian and receipt of legal guardianship 

2 assistance payments under section 472A, a de3 scription of— 

4 ‘‘(i) the steps that the agency has 

5 taken to determine that it is not appro6 priate for the child to be returned home or 

7 adopted; 

8 ‘‘(ii) the reasons why a permanent 

9 placement with a fit and willing legal 

10 guardian through a legal guardianship as11 sistance arrangement is in the child’s best 

12 interests; 

13 ‘‘(iii) the ways in which the child 

14 meets the eligibility requirements for a 

15 legal guardianship assistance payment; 

16 ‘‘(iv) the efforts the agency has made 

17 to discuss adoption by the child’s foster 

18 parent as a more permanent alternative to 

19 legal guardianship and, in the case of a 

20 foster parent who has chosen not to pursue 

21 adoption, documentation of the reasons 

22 therefor; and 

23 ‘‘(v) the efforts made by the State 

24 agency to secure the consent of the child’s 

25 parent or parents to the legal guardianship 
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1 assistance arrangement, or the reasons 

2 why the efforts were not made.’’. 

3 (4) ADOPTION ASSISTANCE.—Section 473(a) of 

4 such Act (42 U.S.C. 673(a)) is amended by adding 

5 at the end the following: 

6 ‘‘(7)(A) For purposes of this section (other than the 

7 last sentence of paragraph (2)), a child leaving a legal 

8 guardianship shall be considered to be leaving foster care, 

9 and the child shall be considered to have been in foster 

10 care while subject to the legal guardianship. 

11 ‘‘(B) In the case of a child who is leaving a legal 

12 guardianship, the last sentence of paragraph (2) shall be 

13 applied by treating the guardianship as an adoption, the 

14 end of the guardianship as the dissolution of an adoption, 

15 and any eligibility of the child for legal guardianship as16 sistance payments under section 472A as eligibility for 

17 adoption assistance payments under this part.’’. 

18 (c) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The amendments made by 

20 this section take effect on the 1st day of the 1st cal21 endar quarter that begins after the date of the en22 actment of this Act, and shall apply to payments 

23 under part E of title IV of the Social Security Act 

24 for calendar quarters beginning on or after such 
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1 day, without regard to whether regulations to imple2 ment the amendments have been issued. 

3 (2) DELAY PERMITTED IF STATE LEGISLATION

4 REQUIRED.—In the case of a State plan under part 

5 E of title IV of the Social Security Act which the 

6 Secretary determines requires State legislation in 

7 order for the plan to meet the additional require8 ments imposed by the amendments made by this 

9 Act, the effective date of the amendments imposing 

10 the additional requirements shall be the 1st day of 

11 the 1st calendar quarter beginning after the close of 

12 the 1st regular session of the State legislature that 

13 begins after the date of the enactment of this Act. 

14 For purposes of the preceding sentence, in the case 

15 of a State that has a 2-year legislative session, each 

16 year of the session shall be considered to be a sepa17 rate regular session of the State legislature. 
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1 TITLE II—ADDITIONAL SUP2 PORTS FOR GUARDIANS AND 

3 KINSHIP PROVIDERS 

4 SEC. 201. AUTHORITY TO USE FOSTER CARE INDEPEND5 ENCE PROGRAM FUNDS TO PROVIDE INDE6 PENDENT LIVING SERVICES, EDUCATION AND 

7 TRAINING VOUCHERS, AND ROOM AND 

8 BOARD FOR CHILDREN WHO EXIT FOSTER 

9 CARE TO GUARDIANSHIP OR ADOPTION 

10 AFTER ATTAINING AGE 14. 

11 (a) INDEPENDENT LIVING SERVICES.—Section 

12 477(a) of the Social Security Act (42 U.S.C. 677(a)) is 

13 amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (5); 

16 (2) by striking the period at the end of para17 graph (6) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(7) to provide the services referred to in this 

20 subsection to children who, after attaining 14 years 

21 of age, have left foster care for legal guardianship 

22 or adoption.’’. 

23 (b) EDUCATION AND TRAINING VOUCHERS.—Section 

24 477(i)(2) of such Act (42 U.S.C. 677(i)(2)) is amended 

25 by striking ‘‘from foster care after attaining age 16’’ and 
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1 inserting ‘‘or entering legal guardianship from foster care 

2 after attaining 14 years of age’’. 

3 SEC. 202. EXPANSION OF DEFINITION OF FAMILY SUPPORT 

4 SERVICES TO INCLUDE ASSISTING KINSHIP 

5 CAREGIVERS OR GUARDIANS IN LOCATING 

6 AND ACCESSING NEEDED SERVICES. 

7 Section 431(a)(2) of the Social Security Act (42 

8 U.S.C. 629a(a)(2)) is amended by inserting ‘‘to assist kin9 ship caregivers or guardians in locating and accessing 

10 needed services,’’ after ‘‘marriages,’’. 

11 SEC. 203. FLEXIBILITY TO ESTABLISH SEPARATE STAND12 ARDS FOR RELATIVE FOSTER FAMILY 

13 HOMES. 

14 Section 471(a)(10) of the Social Security Act (42 

15 U.S.C. 671(a)(10)) is amended by inserting before the 

16 semicolon the following: ‘‘, and that the authority or au17 thorities may— 

18 ‘‘(A) establish and maintain separate standards 

19 for foster family homes in which a foster parent is 

20 a relative of the foster child, that, at a minimum, 

21 protect the safety of the child and provide for crimi22 nal records checks as described in paragraph (20); 

23 and 

24 ‘‘(B) apply the standards referred to in sub25 paragraph (A) of this paragraph to any such relative 
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1 foster care provider to whom funds are paid pursu2 ant to section 472 or part B in lieu of the standards 

3 that would otherwise apply to a foster family 

4 home.’’. 

5 SEC. 204. NOTICE TO RELATIVES WHEN CHILDREN ENTER 

6 FOSTER CARE. 

7 Section 471(a)(19) of the Social Security Act (42 

8 U.S.C. 671(a)(19)) is amended— 

9 (1) by striking ‘‘that the State’’ and inserting 

10 ‘‘that— 

11 ‘‘(A) the State’’; 

12 (2) by adding ‘‘and’’ after the semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(B) within 60 days of the removal of the 

15 child from the custody of the child’s parent or 

16 parents, the State shall identify and give notice 

17 to all adult grandparents and other adult rel18 atives of the child (including any other adult 

19 relatives suggested by the parents), subject to 

20 exceptions due to family or domestic violence, 

21 that— 

22 ‘‘(i) specifies that the child has been 

23 or is being removed from the custody of 

24 the child’s parent or parents; and 
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1 ‘‘(ii) explains the options the relative 

2 has under Federal, State, and local law to 

3 participate in the child’s care and place4 ment, including any options that may be 

5 lost by failing to respond to the notice;’’. 

6 SEC. 205. EXPANSION OF ELIGIBILITY FOR FOSTER CARE 

7 INDEPENDENCE PROGRAM. 

8 Section 477 of the Social Security Act (42 U.S.C. 

9 677) is amended— 

10 (1) in subsection (a)(1), by striking ‘‘18’’ and 

11 inserting ‘‘14’’; and 

12 (2) in subsection (i)(2), by striking ‘‘youths 

13 adopted from foster care after attaining age 16’’ and 

14 inserting ‘‘youths in or exiting from foster care after 

15 attaining 14 years of age’’. 

16 TITLE III—NAVIGATOR 

17 PROGRAM 

18 SEC. 301. PURPOSE. 

19 The purposes of this title are— 

20 (1) to establish kinship navigator programs in 

21 States, large metropolitan areas, and tribal areas to 

22 assist kinship caregivers in navigating their way 

23 through programs and services, to help the care24 givers learn about and obtain assistance to meet the 
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1 needs of the children they are raising and their own 

2 needs; and 

3 (2) to promote effective partnerships among 

4 public and private not-for-profit agencies, including 

5 community-based and faith-based agencies, to help 

6 the agencies described in this paragraph more effec7 tively and efficiently serve kinship care families and 

8 address the fragmentation that creates barriers to 

9 meeting the needs of those families. 

10 SEC. 302. DEFINITIONS. 

11 In this title: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Health and Human Services. 

14 (2) KINSHIP CARE FAMILY.—The term ‘‘kinship 

15 care family’’ means a family with a kinship care16 giver. 

17 (3) KINSHIP CAREGIVER.—The term ‘‘kinship 

18 caregiver’’ means a grandparent or stepgrandparent 

19 of a child, a relative of a child by blood, marriage, 

20 or adoption, or (at the option of a State) any other 

21 person who has strong emotional bonds with a child, 

22 who— 

23 (A) lives with the child; 

24 (B) is the primary caregiver of the child 

25 because the biological or adoptive parent of the 
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1 child is unable or unwilling to serve as the pri2 mary caregiver of the child; and 

3 (C) has a legal relationship to the child or 

4 is raising the child informally. 

5 (4) LARGE METROPOLITAN AREA.—The term 

6 ‘‘large metropolitan area’’ means a metropolitan sta7 tistical area, as defined by the Bureau of the Cen8 sus, with a population of not less than 1,000,000. 

9 (5) METROPOLITAN AGENCY.—The term ‘‘met10 ropolitan agency’’ means an agency serving a large 

11 metropolitan area, or a county or political subdivi12 sion of a large metropolitan area. 

13 (6) STATE.—The term ‘‘State’’ means any of 

14 the several States, the District of Columbia, the Vir15 gin Islands of the United States, the Commonwealth 

16 of Puerto Rico, Guam, American Samoa, and the 

17 Commonwealth of the Northern Mariana Islands. 

18 (7) TRIBAL AREA.—The term ‘‘tribal area’’ 

19 means the area served by a tribal organization. 

20 (8) TRIBAL ORGANIZATION.—The term ‘‘tribal 

21 organization’’— 

22 (A) means a tribal organization, as defined 

23 in section 658P of the Child Care and Develop24 ment Block Grant Act of 1990 (42 U.S.C. 

25 9858n); and 
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1 (B) includes a consortium of tribal organi2 zations described in subparagraph (A). 

3 SEC. 303. GRANTS. 

4 (a) IN GENERAL.—The Secretary may make grants 

5 to eligible entities to pay for the Federal share of the cost 

6 of carrying out kinship navigator programs. 

7 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

8 grant under this section, an entity shall be a State agency, 

9 metropolitan agency, or tribal organization, with experi10 ence in— 

11 (1) addressing the needs of kinship caregivers 

12 or children; and 

13 (2) connecting the children or caregivers with 

14 appropriate services and assistance, such as services 

15 and assistance provided by— 

16 (A) an area agency on aging under the 

17 Older Americans Act of 1965 (42 U.S.C. 3001 

18 et seq.); or 

19 (B) an agency with jurisdiction over child 

20 welfare, income-based financial assistance, 

21 human services, or health matters, or a public 

22 entity that links family resource and support 

23 programs, for the State, large metropolitan 

24 area, or Indian tribe involved. 
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1 (c) ALLOCATION OF GRANTS.—Of the funds made 

2 available for grants under this section for each fiscal year, 

3 the Secretary shall use not less than 50 percent to make 

4 grants to State agencies. 

5 (d) DURATION OF THE GRANTS.—In making the 

6 grants, the Secretary shall make grants— 

7 (1) in fiscal year 2006, for periods of 3 years; 

8 (2) in fiscal year 2007, for periods of 2 years; 

9 and 

10 (3) in fiscal year 2008, for periods of 1 year. 

11 SEC. 304. FEDERAL SHARE. 

12 (a) IN GENERAL.—The Federal share of the cost of 

13 carrying out a kinship navigator program under a grant 

14 shall be— 

15 (1) 100 percent in the first year of the grant 

16 period; 

17 (2) 75 percent in the second year (if any) of the 

18 grant period; and 

19 (3) 50 percent in the third year (if any) of the 

20 grant period. 

21 (b) NON-FEDERAL SHARE.—The non-Federal share 

22 of the cost may be provided in cash. Not more than 50 

23 percent of the non-Federal share of the cost may be pro24 vided in kind, fairly evaluated, including plant, equipment, 

25 or services. 
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1 SEC. 305. APPLICATIONS. 

2 (a) IN GENERAL.—To be eligible to receive a grant 

3 under this title, an entity shall submit an application to 

4 the Secretary at such time, in such manner, and con5 taining such information as the Secretary may require, in6 cluding, at a minimum, the information described in sub7 section (b). 

8 (b) CONTENTS.—The application shall include the 

9 following: 

10 (1) A description of the steps the entity will 

11 take during the first 6 months of the grant period 

12 to— 

13 (A) identify gaps in services for kinship 

14 care families in the State, large metropolitan 

15 area, or tribal area to be served and the specific 

16 activities that are needed to bridge the gaps; 

17 (B) convene a group of partners to assist 

18 in the operation of the kinship navigator pro19 gram funded through the grant; 

20 (C) utilize or develop relevant technology; 

21 (D) conduct outreach to kinship caregivers 

22 about the kinship navigator program; and 

23 (E) develop a plan for reaching kinship 

24 caregivers, ensuring that the caregivers can ac25 cess the kinship navigator program, and fol-
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1 lowing up to ensure that the caregivers actually 

2 receive necessary services and supports. 

3 (2) An assurance that the entity will provide at 

4 least the core activities specified in paragraphs (1) 

5 and (2) of section 306(b) for kinship care families 

6 through the kinship navigator program. 

7 (3) A description of the activities the entity ex8 pects to offer over the grant period and the entity’s 

9 initial projection of the number of children and kin10 ship caregivers likely to be served. 

11 (4) A description of how the entity will involve 

12 in the planning and operation of the kinship navi13 gator program, on an ongoing basis— 

14 (A) kinship caregivers; 

15 (B) youth raised or being raised by kinship 

16 caregivers; 

17 (C) representatives of kinship care support 

18 organizations; 

19 (D) relevant government agencies (includ20 ing agencies with jurisdiction over matters re21 lating to aging, mental health, mental retarda22 tion or developmental disabilities, substance 

23 abuse treatment, health, youth services, human 

24 services, education, income-based financial as-
28 

•HR 3380 IH 

1 sistance, child welfare, child custody, guardian2 ship, adoption, or child support enforcement); 

3 (E)(i) not-for-profit service providers, in4 cluding community-based and faith-based agen5 cies; and 

6 (ii) educational institutions; and 

7 (F) other State or local agencies or sys8 tems that promote service coordination or pro9 vide information and referral services, including 

10 the entities that provide the 2–1–1 or 3–1–1 in11 formation systems where applicable. 

12 (5) A description of— 

13 (A) how the entity will coordinate its ac14 tivities with other State or local agencies or sys15 tems that promote service coordination or pro16 vide information and referral services for chil17 dren, families, or older individuals, including 

18 the entities that provide the 2–1–1 or 3–1–1 in19 formation systems where applicable, so as to 

20 avoid duplication of services and the fragmenta21 tion of services that prevents kinship care fami22 lies from getting the help the families need; and 

23 (B) how the entity will encourage regional 

24 cooperation among agencies, particularly agen25 cies serving border communities that may cross 
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•HR 3380 IH 

1 jurisdictional lines, to ensure that kinship care 

2 families will get help. 

3 (6) An assurance that the entity will report at 

4 least annually to the Secretary, in a manner pre5 scribed by the Secretary, to ensure comparability of 

6 data across States, on— 

7 (A) activities established with the funds 

8 made available through grants made under this 

9 title; 

10 (B) the numbers and ages of the children 

11 and caregivers assisted through the grants; 

12 (C) the types of the assistance provided; 

13 (D) the outcomes achieved with the assist14 ance; and 

15 (E) the barriers identified to meeting the 

16 needs of kinship care families and plans for ad17 dressing the barriers. 

18 (7) An assurance that the entity, not later than 

19 3 months after the end of the final year of the grant 

20 period, will submit a final report to the Administra21 tion for Children and Families that describes— 

22 (A) the numbers and ages of the children 

23 and caregivers assisted through the grants; 

24 (B) the types of assistance provided; 
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•HR 3380 IH 

1 (C) the outcomes achieved with the assist2 ance; 

3 (D) the barriers to meeting the needs of 

4 kinship care families that were addressed 

5 through the grants; 

6 (E) the plans of the entity to continue the 

7 kinship navigator program after the grant pe8 riod has ended; 

9 (F) lessons learned during the grant pe10 riod; and 

11 (G) recommendations about the consider12 ations that should be taken into account as the 

13 program carried out under this title is expanded 

14 throughout the Nation. 

15 (c) PREFERENCE.—In awarding grants under this 

16 title, the Secretary shall give preference to agencies or or17 ganizations that can demonstrate that the agencies and 

18 organizations will offer the full array of activities de19 scribed in section 306(b). 

20 SEC. 306. USE OF GRANT FUNDS. 

21 (a) IN GENERAL.—An entity that receives a grant 

22 under this title may use the funds made available through 

23 the grant directly, or through grants or contracts with 

24 other public or private not-for-profit agencies, including 

25 community-based or faith-based agencies, that have expe-
31 

•HR 3380 IH 

1 rience in connecting kinship caregivers with appropriate 

2 services and assistance. 

3 (b) USE OF FUNDS.—An entity that receives a grant 

4 under this title may use the funds made available through 

5 the grant for activities that help to connect kinship care6 givers with the services and assistance required to meet 

7 the needs of the children the caregivers are raising and 

8 their own needs, such as— 

9 (1) establishing and maintaining information 

10 and referral systems that— 

11 (A) assist, through toll free access that in12 cludes access to a live operator, kinship care13 givers, kinship care service providers, kinship 

14 care support group facilitators, and others to 

15 learn about and link to— 

16 (i) local kinship care service providers, 

17 support groups, respite care programs, and 

18 special services for incarcerated parents; 

19 (ii) eligibility and enrollment informa20 tion for Federal, State, and local benefits, 

21 such as— 

22 (I) education (including pre23 school, elementary, secondary, post24 secondary, and special education); 
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1 (II) family support services, early 

2 intervention services, mental health 

3 services, substance abuse prevention 

4 and treatment services, services to ad5 dress domestic violence problems, 

6 services to address HIV or AIDS, 

7 legal services, child support, housing 

8 assistance, and child care; 

9 (III) the disability insurance ben10 efits program established under title 

11 II of the Social Security Act (42 

12 U.S.C. 401 et seq.); 

13 (IV) the program of block grants 

14 to States for temporary assistance for 

15 needy families established under part 

16 A of title IV of the Social Security 

17 Act (42 U.S.C. 601 et seq.); 

18 (V) the supplemental security in19 come program established under title 

20 XVI of the Social Security Act (42 

21 U.S.C. 1381 et seq.); 

22 (VI) the medicaid program estab23 lished under title XIX of the Social 

24 Security Act (42 U.S.C. 1396 et seq.); 
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•HR 3380 IH 

1 (VII) the State children’s health 

2 insurance program established under 

3 title XXI of the Social Security Act 

4 (42 U.S.C. 1397aa et seq.); 

5 (VIII) the program of Federal 

6 payments for foster care and adoption 

7 assistance established under part E of 

8 title IV of the Social Security Act (42 

9 U.S.C. 670 et seq.), including the pro10 gram of kinship guardianship assist11 ance payments for children established 

12 under section 472A of that Act; and 

13 (IX) the food stamp program es14 tablished under the Food Stamp Act 

15 of 1977 (7 U.S.C. 2011 et seq.); 

16 (iii) relevant training to assist kinship 

17 caregivers in obtaining benefits and serv18 ices and performing their caregiving activi19 ties; and 

20 (iv) relevant legal assistance and help 

21 in obtaining access to legal services, includ22 ing access to legal aid service providers 

23 and statewide elder law hotlines; 

24 (B) provide outreach to kinship care fami25 lies, in collaboration with schools, pediatric care 
34 

•HR 3380 IH 

1 clinics, kinship care organizations, senior citizen 

2 centers, agencies with jurisdiction over child 

3 welfare or human services, and others to link 

4 the families to the kinship navigator program 

5 and to services and assistance; and 

6 (C) establish, distribute, and regularly up7 date kinship care resource guides, websites, or 

8 other relevant outreach materials; 

9 (2) promoting partnerships between public and 

10 private not-for-profit agencies, including community11 based and faith-based agencies— 

12 (A) to help the agencies described in this 

13 paragraph more effectively and efficiently meet 

14 the needs of kinship care families; and 

15 (B) to familiarize the agencies about the 

16 special needs of kinship care families, policies 

17 that affect their eligibility for a range of edu18 cation, health, mental health, social, child care, 

19 and child welfare services, income-based finan20 cial assistance, legal assistance, and other serv21 ices and benefits, and the means for making 

22 policies more supportive of kinship care fami23 lies; 

24 (3) establishing and supporting a kinship care 

25 ombudsman who has the authority to actively inter-
35 

•HR 3380 IH 

1 vene with State agency staff or service providers 

2 with which the State agency contracts to help en3 sure, through various appropriate means including 

4 working with individual families in an ongoing man5 ner, that kinship caregivers get the services they 

6 need and for which they are eligible; and 

7 (4) supporting other activities that are designed 

8 to assist kinship caregivers in obtaining benefits, 

9 services, and activities designed to improve their 

10 caregiving. 

11 (c) LIMITATION.—Except as provided in subsection 

12 (b)(4), the entity may not use any of the funds made avail13 able through the grant for direct services to children in 

14 kinship care families or to kinship caregivers. 

15 SEC. 307. ADMINISTRATION OF THE PROGRAM. 

16 (a) CONSULTATION.—In administering the program 

17 carried out under this title, the Secretary shall periodically 

18 consult with the Assistant Secretary for Aging of the De19 partment of Health and Human Services. 

20 (b) REGULATIONS AND GUIDANCE.—Not later than 

21 90 days after the date of enactment of this Act, the Sec22 retary shall issue regulations or guidance that announces 

23 the availability of funds under this title and specifies the 

24 procedures for applying for the funds. 
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1 SEC. 308. RESERVATION. 

2 The Secretary may reserve not more than 1 percent 

3 of the funds made available under this title for a fiscal 

4 year to provide technical assistance to the recipients of 

5 grants under this title related to the purposes of the 

6 grants. 

7 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this title $25,000,000 for fiscal year 2006, $50,000,000 

10 for fiscal year 2007, and $75,000,000 for fiscal year 2008. 

Æ