I 

110TH CONGRESS 

1ST SESSION H. R. 2188 

To establish kinship navigator programs, to establish kinship guardianship 

assistance payments for children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2007 

Mr. DAVIS of Illinois (for himself and Mr. JOHNSON of Illinois) introduced 

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

Means, and in addition to the Committee on Education and Labor, 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 establish kinship navigator programs, to establish kinship 

guardianship assistance payments for children, 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 ‘‘Kinship Caregiver Sup5 port Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

TITLE I—KINSHIP NAVIGATOR PROGRAM 

Sec. 101. Findings. 

Sec. 102. Purpose. 

Sec. 103. Definitions. 

Sec. 104. Grants. 

Sec. 105. Federal share. 

Sec. 106. Applications. 

Sec. 107. Use of grant funds. 

Sec. 108. Administration of the program. 

Sec. 109. Reservation. 

Sec. 110. Authorization of appropriations. 

TITLE II—SUBSIDIZED GUARDIANSHIP OPTION FOR TITLE IV–E 

Sec. 201. Findings. 

Sec. 202. Kinship guardianship assistance payments for children. 

Sec. 203. Kinship guardianship demonstration projects. 

TITLE III—NOTICE OF CHILDREN ENTERING FOSTER CARE 

Sec. 301. Notice to relatives when children enter foster care. 

Sec. 302. Flexibility to establish separate standards for relative foster family 

homes. 

Sec. 303. Expansion of definition of family support services to include assisting 

kinship caregivers in locating and accessing needed services. 

Sec. 304. Requirement that states inform case workers and families considering 

guardianship of all permanency options and service eligibility. 

1 TITLE I—KINSHIP NAVIGATOR 

2 PROGRAM 

3 SEC. 101. FINDINGS. 

4 Congress finds the following: 

5 (1) The 2000 decennial census states that— 

6 (A) more that 4,500,000 children in the 

7 United States are living in grandparent-headed 

8 households, a 30 percent increase from 1990 to 

9 2000; and 

10 (B) an additional 1,500,000 children in the 

11 United States are living in households headed 

12 by other relatives. 


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1 (2) In the 2000 decennial census, over 

2 2,400,000 grandparents reported that they were pri3 marily responsible for meeting the basic needs of 

4 their grandchildren, and parents were not present in 

about 1 5 ⁄3 of the families involved. 

6 (3) According to the 2000 decennial census, almost 1 7 ⁄5 of grandparents responsible for their grand8 children live in poverty. 

9 (4) Kinship caregivers (as defined in section 

10 103) often face a variety of unnecessary barriers, in11 cluding difficulties enrolling children in school, au12 thorizing medical treatment, maintaining public 

13 housing leases, obtaining affordable legal services, 

14 obtaining custody of children or otherwise achieving 

15 permanency for children in their care, and accessing 

16 a variety of Federal benefits and services. 

17 (5) Kinship caregivers can help to keep children 

18 from entering the foster care system, and provide 

19 safe and permanent homes, but need services and 

20 supports to do so. They need better access to health 

21 insurance, respite care, child care, special education, 

22 housing, and other benefits. 

23 (6) Surveys and research on the needs of kin24 ship caregivers report that one of their greatest chalVerDate Aug 31 2005 21:02 May 08, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2188.IH H2188

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1 lenges in raising children is getting accurate infor2 mation about— 

3 (A) the benefits and services that are avail4 able to their families, such as health and mental 

5 health care, assistance provided under the pro6 gram of block grants to States for temporary 

7 assistance for needy families established under 

8 part A of title IV of the Social Security Act (42 

9 U.S.C. 601 et seq.), kinship or foster care, kin10 ship assistance and adoption assistance, child 

11 care and early education, special education, and 

12 other services for children with disabilities; and 

13 (B) the legal authority, responsibilities, 

14 and rights of kinship caregivers. 

15 (7) Funding for kinship navigator programs 

16 can— 

17 (A) help kinship care families better use 

18 existing programs and services; and 

19 (B) increase the capacity of public and pri20 vate not-for-profit agencies, including commu21 nity-based and faith-based agencies, and includ22 ing agencies carrying out related Federal pro23 grams, such as the National Family Caregiver 

24 Support Program under part E of title III of 

25 the Older Americans Act of 1965 (42 U.S.C. 


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1 3030s et seq.), to better serve the needs of kin2 ship care families. 

3 SEC. 102. PURPOSE. 

4 The purposes of this title are— 

5 (1) to establish kinship navigator programs in 

6 States, large metropolitan areas, and tribal areas to 

7 assist kinship caregivers in navigating their way 

8 through programs and services, to help the care9 givers learn about and obtain assistance to meet the 

10 needs of the children they are raising and their own 

11 needs; and 

12 (2) to promote effective partnerships among 

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

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

15 the agencies described in this paragraph more effec16 tively and efficiently serve kinship care families and 

17 address the fragmentation that creates barriers to 

18 meeting the needs of those families. 

19 SEC. 103. DEFINITIONS. 

20 In this title: 

21 (1) ASSISTANT SECRETARY.—The term ‘‘Assist22 ant Secretary’’ means the Assistant Secretary for 

23 Children and Families of the Department of Health 

24 and Human Services. 


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

2 care family’’ means a family with a kinship care3 giver. 

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

5 caregiver’’ means a grandparent or stepgrandparent 

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

7 or adoption, who— 

8 (A) lives with the child; 

9 (B) is the primary caregiver of the child 

10 because the biological or adoptive parent of the 

11 child is unable or unwilling to serve as the pri12 mary caregiver of the child; and 

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

14 is raising the child informally. 

15 (4) LARGE METROPOLITAN AREA.—The term 

16 ‘‘large metropolitan area’’ means a metropolitan sta17 tistical area, as defined by the Bureau of the Cen18 sus, with a population of not less than 1,000,000. 

19 (5) METROPOLITAN AGENCY.—The term ‘‘met20 ropolitan agency’’ means an agency serving a large 

21 metropolitan area, or a county or political subdivi22 sion of a large metropolitan area. 

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

24 the several States, the District of Columbia, the Vir25 gin Islands of the United States, the Commonwealth 


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

2 Commonwealth of the Northern Mariana Islands. 

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

4 means the area served by a tribal organization. 

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

6 organization’’— 

7 (A) means a tribal organization, as defined 

8 in section 658P of the Child Care and Develop9 ment Block Grant Act of 1990 (42 U.S.C. 

10 9858n); and 

11 (B) includes a consortium of tribal organi12 zations described in subparagraph (A). 

13 SEC. 104. GRANTS. 

14 (a) IN GENERAL.—The Assistant Secretary may 

15 make grants to eligible entities to pay for the Federal 

16 share of the cost of carrying out kinship navigator pro17 grams. 

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

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

20 metropolitan agency, or tribal organization, with experi21 ence in— 

22 (1) addressing the needs of kinship caregivers 

23 or children; and 


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1 (2) connecting the children or caregivers with 

2 appropriate services and assistance, such as services 

3 and assistance provided by— 

4 (A) an area agency on aging under the 

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

6 et seq.); or 

7 (B) an agency with jurisdiction over child 

8 welfare, income-based financial assistance, 

9 human services, or health matters, or a public 

10 entity that links family resource and support 

11 programs, for the State, large metropolitan 

12 area, or Indian tribe involved. 

13 (c) ALLOCATION OF GRANTS.—Of the funds made 

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

15 the Assistant Secretary shall use not less than 50 percent 

16 to make grants to State agencies. 

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

18 grants, the Assistant Secretary shall make grants— 

19 (1) in fiscal year 2008, for periods of 3 years; 

20 (2) in fiscal year 2009, for periods of 2 years; 

21 and 

22 (3) in fiscal year 2010, for periods of 1 year. 


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1 SEC. 105. FEDERAL SHARE. 

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

3 carrying out a kinship navigator program under a grant 

4 shall be— 

5 (1) 100 percent in the first year of the grant 

6 period; 

7 (2) 75 percent in the second year (if any) of the 

8 grant period; and 

9 (3) 50 percent in the third year (if any) of the 

10 grant period. 

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

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

13 percent of the non-Federal share of the cost may be pro14 vided in kind, fairly evaluated, including plant, equipment, 

15 or services. 

16 SEC. 106. APPLICATIONS. 

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

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

19 the Assistant Secretary at such time, in such manner, and 

20 containing such information as the Assistant Secretary 

21 may require, including, at a minimum, the information de22 scribed in subsection (b). 

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

24 following: 


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

2 take during the first 6 months of the grant period 

3 to— 

4 (A) identify gaps in services for kinship 

5 care families in the State, large metropolitan 

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

7 activities that are needed to bridge the gaps; 

8 (B) convene a group of partners to assist 

9 in the operation of the kinship navigator pro10 gram funded through the grant; 

11 (C) utilize or develop relevant technology; 

12 (D) conduct outreach to kinship caregivers 

13 about the kinship navigator program; and 

14 (E) develop a plan for reaching kinship 

15 caregivers, ensuring that the caregivers can ac16 cess the kinship navigator program, and fol17 lowing up to ensure that the caregivers actually 

18 receive necessary services and supports. 

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

20 least the core activities specified in paragraphs (1) 

21 and (2) of section 107(b) for kinship care families 

22 through the kinship navigator program. 

23 (3) A description of the activities the entity ex24 pects to offer over the grant period and the entity’s 


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1 initial projection of the number of children and kin2 ship caregivers likely to be served. 

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

4 in the planning and operation of the kinship navi5 gator program, on an ongoing basis— 

6 (A) kinship caregivers; 

7 (B) youth raised or being raised by kinship 

8 caregivers; 

9 (C) representatives of kinship care support 

10 organizations; 

11 (D) relevant government agencies (includ12 ing agencies with jurisdiction over matters re13 lating to aging, mental health, mental retarda14 tion or developmental disabilities, substance 

15 abuse treatment, criminal justice, health, youth 

16 services, human services, education, income17 based financial assistance, child welfare, child 

18 custody, guardianship, adoption, or child sup19 port enforcement); 

20 (E)(i) not-for-profit service providers, in21 cluding community-based and faith-based agen22 cies; and 

23 (ii) educational institutions; and 

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1 vide information and referral services, including 

2 the entities that provide the 2–1–1 or 3–1–1 in3 formation systems where applicable. 

4 (5) A description of— 

5 (A) how the entity will coordinate its ac6 tivities with other State or local agencies or sys7 tems that promote service coordination or pro8 vide information and referral services for chil9 dren, families, or older individuals, including 

10 the entities that provide the 2–1–1 or 3–1–1 in11 formation systems where applicable, so as to 

12 avoid duplication of services and the fragmenta13 tion of services that prevents kinship care fami14 lies from getting the help the families need; and 

15 (B) how the entity will encourage regional 

16 cooperation among agencies, particularly agen17 cies serving border communities that may cross 

18 jurisdictional lines, to ensure that kinship care 

19 families will get help. 

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

21 least annually to the Assistant Secretary, in a man22 ner prescribed by the Assistant Secretary, to ensure 

23 comparability of data across States, on— 


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1 (A) activities established with the funds 

2 made available through grants made under this 

3 title; 

4 (B) the numbers and ages of the children 

5 and caregivers assisted through the grants; 

6 (C) the types of the assistance provided; 

7 (D) the outcomes achieved with the assist8 ance; and 

9 (E) the barriers identified to meeting the 

10 needs of kinship care families and plans for ad11 dressing the barriers. 

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

13 3 months after the end of the final year of the grant 

14 period, will submit a final report to the Administra15 tion for Children and Families that describes— 

16 (A) the numbers and ages of the children 

17 and caregivers assisted through the grants; 

18 (B) the types of assistance provided; 

19 (C) the outcomes achieved with the assist20 ance; 

21 (D) the barriers to meeting the needs of 

22 kinship care families that were addressed 

23 through the grants; 


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

2 kinship navigator program after the grant pe3 riod has ended; 

4 (F) lessons learned during the grant pe5 riod; and 

6 (G) recommendations about the consider7 ations that should be taken into account as the 

8 program carried out under this title is expanded 

9 throughout the Nation. 

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

11 title, the Assistant Secretary shall give preference to agen12 cies or organizations that can demonstrate that the agen13 cies and organizations will offer the full array of activities 

14 described in section 107(b). 

15 SEC. 107. USE OF GRANT FUNDS. 

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

17 under this title may use the funds made available through 

18 the grant directly, or through grants or contracts with 

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

20 community-based or faith-based agencies, that have expe21 rience in connecting kinship caregivers with appropriate 

22 services and assistance. 

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

24 under this title may use the funds made available through 

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1 givers with the services and assistance required to meet 

2 the needs of the children the caregivers are raising and 

3 their own needs, such as— 

4 (1) establishing and maintaining information 

5 and referral systems that— 

6 (A) assist, through toll free access that in7 cludes access to a live operator, kinship care8 givers, kinship care service providers, kinship 

9 care support group facilitators, and others to 

10 learn about and link to— 

11 (i) local kinship care service providers, 

12 support groups, respite care programs, and 

13 special services for incarcerated parents; 

14 (ii) eligibility and enrollment informa15 tion for Federal, State, and local benefits, 

16 such as— 

17 (I) education (including pre18 school, elementary, secondary, post19 secondary, and special education); 

20 (II) family support services, early 

21 intervention services, mental health 

22 services, substance abuse prevention 

23 and treatment services, services to ad24 dress domestic violence problems, 

25 services to address HIV or AIDS, 


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1 legal services, child support, housing 

2 assistance, and child care; 

3 (III) the disability insurance ben4 efits program established under title 

5 II of the Social Security Act (42 

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

7 (IV) the program of block grants 

8 to States for temporary assistance for 

9 needy families established under part 

10 A of title IV of the Social Security 

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

12 (V) the supplemental security in13 come program established under title 

14 XVI of the Social Security Act (42 

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

16 (VI) the medicaid program estab17 lished under title XIX of the Social 

18 Security Act (42 U.S.C. 1396 et seq.); 

19 (VII) the State children’s health 

20 insurance program established under 

21 title XXI of the Social Security Act 

22 (42 U.S.C. 1397aa et seq.); 

23 (VIII) the program of Federal 

24 payments for foster care and adoption 

25 assistance established under part E of 


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1 title IV of the Social Security Act (42 

2 U.S.C. 670 et seq.), including the pro3 gram of kinship guardianship assist4 ance payments for children established 

5 under section 472A of that Act; and 

6 (IX) the food stamp program es7 tablished under the Food Stamp Act 

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

9 (iii) relevant training to assist kinship 

10 caregivers in obtaining benefits and serv11 ices and performing their caregiving activi12 ties; and 

13 (iv) relevant legal assistance and help 

14 in obtaining access to legal services, includ15 ing access to legal aid service providers 

16 and statewide elder law hotlines; 

17 (B) provide outreach to kinship care fami18 lies, in collaboration with schools, pediatric care 

19 clinics, kinship care organizations, senior citizen 

20 centers, agencies with jurisdiction over child 

21 welfare or human services, and others to link 

22 the families to the kinship navigator program 

23 and to services and assistance; and 


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1 (C) establish, distribute, and regularly up2 date kinship care resource guides, websites, or 

3 other relevant outreach materials; 

4 (2) promoting partnerships between public and 

5 private not-for-profit agencies, including community6 based and faith-based agencies— 

7 (A) to help the agencies described in this 

8 paragraph more effectively and efficiently meet 

9 the needs of kinship care families; and 

10 (B) to familiarize the agencies about the 

11 special needs of kinship care families, policies 

12 that affect their eligibility for a range of edu13 cation, health, mental health, social, child care, 

14 and child welfare services, income-based finan15 cial assistance, legal assistance, and other serv16 ices and benefits, and the means for making 

17 policies more supportive of kinship care fami18 lies; 

19 (3) establishing and supporting a kinship care 

20 ombudsman who has the authority to actively inter21 vene with State agency staff or service providers 

22 with which the State agency contracts to help en23 sure, through various appropriate means including 

24 working with individual families in an ongoing manVerDate Aug 31 2005 21:02 May 08, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2188.IH H2188

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1 ner, that kinship caregivers get the services they 

2 need and for which they are eligible; and 

3 (4) supporting other activities that are designed 

4 to assist kinship caregivers in obtaining benefits, 

5 services, and activities designed to improve their 

6 caregiving. 

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

8 (b)(4), the entity may not use any of the funds made avail9 able through the grant for direct services to children in 

10 kinship care families or to kinship caregivers. 

11 SEC. 108. ADMINISTRATION OF THE PROGRAM. 

12 (a) CONSULTATION.—In administering the program 

13 carried out under this title, the Assistant Secretary shall 

14 periodically consult with the Assistant Secretary for Aging 

15 of the Department of Health and Human Services. 

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

17 90 days after the date of enactment of this Act, the Assist18 ant Secretary shall issue regulations or guidance that an19 nounces the availability of funds under this title and speci20 fies the procedures for applying for the funds. 

21 SEC. 109. RESERVATION. 

22 The Assistant Secretary may reserve not more than 

23 1 percent of the funds made available under this title for 

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1 ents of grants under this title related to the purposes of 

2 the grants. 

3 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to carry out 

5 this title $25,000,000 for fiscal year 2008, $50,000,000 

6 for fiscal year 2009, and $75,000,000 for fiscal year 2010. 

7 TITLE II—SUBSIDIZED GUARD8 IANSHIP OPTION FOR TITLE 

9 IV–E 

10 SEC. 201. FINDINGS. 

11 The Congress finds the following: 

12 (1) By enacting the Adoption and Safe Families 

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

14 Assistance and Child Welfare Act of 1980 (Public 

15 Law 96–272), the Congress recognized the need to 

16 align Federal incentives with the desired goal of pro17 viding abused and neglected children safe, perma18 nent homes. 

19 (2) According to the nonpartisan Pew Commis20 sion on Children in Foster Care composed of former 

21 Members of Congress of both parties and other child 

22 welfare experts, between 1997 and 2002, adoptions 

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

24 of Columbia, and Puerto Rico has earned an award 

25 for increasing adoptions. 


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1 (3) Adoption represents only one avenue to per2 manency for children in the foster care system, af3 fecting only 9 percent of children in foster care in 

4 2003. Adoption is not a viable option for many chil5 dren in foster care. Children living with relatives are 

6 less likely to use adoption, and courts explicitly rule 

7 out this permanency option for thousands of children 

8 each year. 

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

10 is not equally availed by children and families of all 

11 races and ethnicities. African-American children live 

12 in kinship care arrangements more than in other 

13 types of care arrangements and have a lower rate of 

14 adoption than other children, making reunification 

15 and kinship guardianship important permanency op16 tions for this population. 

17 (5) Reunification and kinship guardianship are 

18 central avenues by which any child in foster care 

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

20 of children in foster care were reunified with their 

21 parents and 4 percent obtained kinship guardian22 ship. 

23 (6) Unfortunately, studies show that the focus 

24 on adoption has had the unintended consequence of 


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1 reducing the likelihood of reunifying children with 

2 their birth families. 

3 (7) Moreover, Federal guidelines create a finan4 cial disincentive to kinship guardianship because im5 portant Federal support ceases once kinship guard6 ianship is established, presenting an overwhelming 

7 hardship for caretakers given the known health and 

8 mental health problems of children who have been in 

9 foster care. Research indicates that 30 to 40 percent 

10 of youth in foster care experience chronic medical 

11 problems. 

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

13 with special needs who are adopted, approximately 

14 $308 per month in Federal funds is provided to 

15 their adoptive families. The Federal Government 

16 pays approximately $387 per month to cover all 

17 adoption assistance program costs, including month18 ly payments to families, administration, and train19 ing. 

20 (9) Remaining in foster care when stable, per21 manent families are available places unnecessary 

22 burdens on States, caseworkers, and families, requir23 ing regular court appearances, quarterly case re24 views, monthly caseworker visits, and government in25 volvement in routine family activities and decisions. 


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1 (10) Since 1997, many States have developed 

2 subsidized kinship guardianship programs. Empirical 

3 research demonstrates that this option dramatically 

4 increases the number of children in permanent 

5 homes, with the largest reductions in foster care 

6 caseloads occurring when the Federal Government 

7 provides the funding and when the financial benefits 

8 for foster care match those of kinship guardianship. 

9 SEC. 202. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 

10 FOR CHILDREN. 

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

12 Security Act (42 U.S.C. 670–679b) is amended by insert13 ing after section 472 the following: 

14 ‘‘SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAY15 MENTS FOR CHILDREN. 

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

17 under this part may, at State option, enter into kinship 

18 guardianship assistance agreements to provide kinship 

19 guardianship assistance payments on behalf of children to 

20 grandparents and other relatives who have assumed legal 

21 guardianship (as defined in section 475(7)) of children for 

22 whom they have cared as foster parents and whom they 

23 have committed to care for on a permanent basis. 

24 ‘‘(b) KINSHIP GUARDIANSHIP ASSISTANCE AGREE25 MENT.— 


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1 ‘‘(1) IN GENERAL.—In order to receive pay2 ments under section 474(a)(5)— 

3 ‘‘(A) a State shall— 

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

5 kinship guardianship assistance agreement 

6 with the prospective relative guardian of a 

7 child who meets the requirements of sub8 section (d); 

9 ‘‘(ii) provide the prospective relative 

10 guardian with a copy of the agreement; 

11 and 

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

13 behalf kinship guardianship assistance pay14 ments are made under such an agreement 

15 shall be provided medical assistance under 

16 title XIX in accordance with section 

17 1902(a)(10)(A)(i)(I). 

18 ‘‘(2) MINIMUM REQUIREMENTS.—The agree19 ment shall specify, at a minimum— 

20 ‘‘(A) the amount of, and manner in which, 

21 each kinship guardianship assistance payment, 

22 if any, will be provided under the agreement; 

23 ‘‘(B) the additional services and assistance 

24 for which the child and relative guardian will be 

25 eligible under the agreement; 


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1 ‘‘(C) the procedure by which the relative 

2 guardian may apply for additional services as 

3 needed, provided the agency and relative guard4 ian agree on the additional services as specified 

5 in the case plan; and 

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

7 State will pay the nonrecurring expenses associ8 ated with obtaining legal guardianship of the 

9 child. 

10 ‘‘(3) INTERSTATE APPLICATION.—The agree11 ment shall provide— 

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

13 effect without regard to the State residency of 

14 the relative guardian; and 

15 ‘‘(B) for the protection (under an inter16 state compact approved by the Secretary or oth17 erwise) of the interests of the child in any case 

18 where the relative guardian and the child move 

19 to another State while the agreement is in ef20 fect. 

21 ‘‘(4) NONRECURRING EXPENSES ASSOCIATED

22 WITH OBTAINING LEGAL GUARDIANSHIP.— 

23 ‘‘(A) IN GENERAL.—For purposes of para24 graph (2)(D), the term ‘nonrecurring expenses 

25 associated with obtaining kinship guardianship’ 


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1 includes the reasonable and necessary fees, 

2 court costs, attorneys’ fees, and other expenses 

3 that are directly related to obtaining legal 

4 guardianship of the child and are not incurred 

5 in violation of Federal or State law. 

6 ‘‘(B) FEDERAL SHARE.—A State’s pay7 ment of the nonrecurring expenses associated 

8 with obtaining legal guardianship shall be treat9 ed as an expenditure made for the proper and 

10 efficient administration of the State plan under 

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

12 ‘‘(c) KINSHIP GUARDIANSHIP ASSISTANCE PAY13 MENT.— 

14 ‘‘(1) REQUIREMENTS.— 

15 ‘‘(A) IN GENERAL.—The kinship guardian16 ship assistance payment shall be— 

17 ‘‘(i) negotiated as part of the kinship 

18 guardianship assistance agreement re19 quired under subsection (b)(1)(A)(i) be20 tween the relative guardian and the State 

21 or local agency responsible for admin22 istering the agreement; 

23 ‘‘(ii) based on consideration of the cir24 cumstances and the needs of the relative 

25 guardian and the child; and 


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1 ‘‘(iii) equal to the amount of the fos2 ter care maintenance payment which would 

3 have been payable with respect to the child 

4 if the child had remained in foster care. 

5 ‘‘(B) READJUSTMENT.—The kinship 

6 guardianship assistance payment may be read7 justed periodically, with the concurrence of the 

8 relative guardian, based on relevant changes in 

9 the needs of the child. 

10 ‘‘(2) LIMITATION.— 

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

12 subparagraph (B), no kinship guardianship as13 sistance payment may be made to a relative 

14 guardian for any child who has attained 18 

15 years of age. 

16 ‘‘(B) EXCEPTIONS.—A kinship guardian17 ship assistance payment may be made to a rel18 ative guardian with respect to a child who— 

19 ‘‘(i) is a full-time student in a sec20 ondary school or in the equivalent level of 

21 a vocational or technical training program, 

22 and has not attained 19 years of age; or 

23 ‘‘(ii) the State determines has a men24 tal or physical disability that warrants the 


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1 continuation of assistance until the child 

2 attains 21 years of age. 

3 ‘‘(d) CHILD’S ELIGIBILITY FOR A KINSHIP GUARD4 IANSHIP ASSISTANCE PAYMENT.— 

5 ‘‘(1) IN GENERAL.—A child is eligible for a kin6 ship guardianship assistance payment under this 

7 section if the State agency determines the following: 

8 ‘‘(A) The child— 

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

10 State agency for the 12-month period end11 ing on the date of the agency determina12 tion; and 

13 ‘‘(ii) while under such care, was eligi14 ble for foster care maintenance payments 

15 under section 472 or would have been eligi16 ble for such payments but for his or her 

17 placement in the home of a relative deter18 mined by the courts and the State agency 

19 responsible for child protective services to 

20 meet all applicable State safety standards 

21 (other than licensure). 

22 ‘‘(B) Being returned home or adopted are 

23 not appropriate permanency options for the 

24 child. 


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1 ‘‘(C) The child demonstrates a strong at2 tachment to the prospective relative guardian 

3 and the prospective relative guardian has a 

4 strong commitment to caring permanently for 

5 the child. 

6 ‘‘(D) With respect to a child who has at7 tained 14 years of age, the child has been con8 sulted regarding the kinship guardianship ar9 rangement. 

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

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

12 or siblings are not so described— 

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

14 child may be placed in the same kinship guard15 ianship arrangement if the State agency and 

16 the prospective relative agree on the appro17 priateness of the arrangement for the siblings; 

18 and 

19 ‘‘(B) kinship guardianship assistance pay20 ments may be paid for the child and each sib21 ling so placed.’’. 

22 (b) MAINTAINING ELIGIBILITY FOR ADOPTION AS23 SISTANCE PROGRAM.—Section 473(a) of such Act (42 

24 U.S.C. 673(a)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(7) The adoptive parents of a child who has been 

2 determined by the State, pursuant to subsection (c), to 

3 be a child with special needs and on whose behalf kinship 

4 guardianship assistance payments have been made under 

5 section 472A shall be eligible for adoption assistance as 

6 if no kinship guardianship agreement or payments had 

7 been made. The State shall make payments of non8 recurring adoption expenses under this section to the 

9 adoptive parents of such a child. The State may make 

10 adoption assistance payments under this section even if 

11 the child fails to meet the requirements of subparagraphs 

12 (A) and (B) of paragraph (2), if the child would meet the 

13 requirements of such subparagraphs if the child were 

14 treated as if the child were in the same financial and other 

15 circumstances the child was in at the time the kinship 

16 guardianship assistance agreement was made.’’. 

17 (c) EXPANSION OF ELIGIBILITY FOR FOSTER CARE

18 INDEPENDENCE PROGRAM.—Section 477 of such Act (42 

19 U.S.C. 677) is amended— 

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

21 inserting ‘‘14’’; and 

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

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

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

25 attaining 14 years of age’’. 


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1 (d) AUTHORITY TO USE FOSTER CARE INDEPEND2 ENCE PROGRAM FUNDS TO PROVIDE INDEPENDENT LIV3 ING SERVICES AND EDUCATION AND TRAINING VOUCH4 ERS FOR CHILDREN WHO EXIT FOSTER CARE TO GUARD5 IANSHIP OR ADOPTION AFTER AGE 14.— 

6 (1) INDEPENDENT LIVING SERVICES.—Section 

7 477(a) of such Act (42 U.S.C. 677(a)) is amended— 

8 (A) by striking ‘‘and’’ at the end of para9 graph (5); 

10 (B) by striking the period at the end of 

11 paragraph (6) and inserting ‘‘; and’’; and 

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

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

14 subsection to children who, after attaining 14 years 

15 of age, have left foster care for kinship guardianship 

16 or adoption.’’. 

17 (2) EDUCATION AND TRAINING VOUCHERS.— 

18 Section 477(i)(2) of such Act (42 U.S.C. 677(i)(2)) 

19 is amended by striking ‘‘from foster care after at20 taining age 16’’ and inserting ‘‘or entering kinship 

21 guardianship from foster care after attaining 14 

22 years of age’’. 

23 (e) CONFORMING AMENDMENTS.— 

24 (1) STATE PLAN REQUIREMENT.—Section 

25 471(a)(20)(A) of such Act (42 U.S.C. 671(a)(20)) is 


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1 amended in the matter preceding clause (i) by strik2 ing ‘‘foster or adoptive parent before the foster or 

3 adoptive parent may be finally approved for place4 ment of a child on whose behalf foster care mainte5 nance payments or adoption assistance payments’’ 

6 and inserting ‘‘foster parent, adoptive parent, or rel7 ative guardian before the foster parent, adoptive 

8 parent, or relative guardian may be finally approved 

9 for placement of a child on whose behalf foster care 

10 maintenance payments, adoption assistance pay11 ments, or kinship guardianship assistance pay12 ments’’. 

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

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

15 (A) in paragraph (3)(B), by striking ‘‘fos16 ter or adoptive parents and the members of the 

17 staff of State-licensed or State-approved child 

18 care institutions providing care to foster and 

19 adopted children receiving assistance under this 

20 part, in ways that increase the ability of such 

21 current or prospective parents, staff members, 

22 and institutions to provide support and assist23 ance to foster and adopted children,’’ and in24 serting ‘‘foster parents, adoptive parents, or rel25 ative guardians and the members of the staff of 


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1 State-licensed or State-approved child care in2 stitutions providing care to foster children, 

3 adoptive children, or children living with a rel4 ative guardian, who are receiving assistance 

5 under this part, in ways that increase the abil6 ity of such current or prospective parents, rel7 ative guardians, staff members, and institutions 

8 to provide support and assistance to foster chil9 dren, adoptive children, or children living with 

10 a relative guardian,’’; 

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

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

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

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

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

16 of the total amount expended during such quarter as 

17 kinship guardianship assistance payments under sec18 tion 472A pursuant to kinship guardianship assist19 ance agreements.’’. 

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

21 (42 U.S.C. 675(1)) is amended by adding at the end 

22 the following: 

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

24 whom the permanency plan is placement with a 

25 relative and receipt of kinship guardianship asVerDate Aug 31 2005 21:02 May 08, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2188.IH H2188

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1 sistance payments under section 472A, a de2 scription of— 

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

4 taken to determine that it is not appro5 priate for the child to be returned home or 

6 adopted; 

7 ‘‘(ii) the reasons why a permanent 

8 placement with a fit and willing relative 

9 through a kinship guardianship assistance 

10 arrangement is in the child’s best interests; 

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

12 meets the eligibility requirements for a kin13 ship guardianship assistance payment; 

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

15 to discuss adoption by the child’s relative 

16 foster parent as a more permanent alter17 native to legal guardianship and, in the 

18 case of a relative foster parent who has 

19 chosen not to pursue adoption, documenta20 tion of the reasons therefor; and 

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

22 agency to secure the consent of the child’s 

23 parent or parents to the kinship guardian24 ship assistance arrangement, or the rea25 sons why the efforts were not made.’’. 


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1 (f) EFFECTIVE DATE.— 

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

3 this section take effect on the 1st day of the 1st cal4 endar quarter that begins after the date of the en5 actment of this Act, and shall apply to payments 

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

7 for calendar quarters beginning on or after such 

8 day, without regard to whether regulations to imple9 ment the amendments have been issued. 

10 (2) DELAY PERMITTED IF STATE LEGISLATION

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

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

13 Secretary determines requires State legislation in 

14 order for the plan to meet the additional require15 ments imposed by the amendments made by this 

16 Act, the effective date of the amendments imposing 

17 the additional requirements shall be the 1st day of 

18 the 1st calendar quarter beginning after the close of 

19 the 1st regular session of the State legislature that 

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

21 For purposes of the preceding sentence, in the case 

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

23 year of the session shall be considered to be a sepa24 rate regular session of the State legislature. 


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1 SEC. 203. KINSHIP GUARDIANSHIP DEMONSTRATION 

2 PROJECTS. 

3 (a) AUTHORITY TO CONDUCT PROJECTS.—The Sec4 retary shall enter into agreements with eligible entities to 

5 conduct demonstration projects for the purpose of pro6 viding kinship guardianship assistance payments on behalf 

7 of children to grandparents and other relatives who have 

8 assumed legal guardianship (as defined in section 475(7) 

9 of the Social Security Act (42 U.S.C. 675(7)) of the chil10 dren for whom they have cared as foster parents and for 

11 whom they have committed to care for on a permanent 

12 basis in States that have not elected the option to provide 

13 kinship guardianship assistance payments for children 

14 under section 472A of the Social Security Act (as added 

15 by section 201 of this Act). 

16 (b) TERMS AND CONDITIONS.—The terms and condi17 tions applicable to demonstration projects conducted 

18 under this section shall be consistent with the terms and 

19 conditions applicable to the State option to provide kinship 

20 guardianship assistance payments for children under sec21 tion 472A of the Social Security Act. 

22 (c) REPORT.—Not later than October 1, 2009, and 

23 annually thereafter, the Secretary shall submit a report 

24 to Congress on the demonstration projects conducted 

25 under this section. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to conduct demonstration projects under this 

4 section for fiscal years beginning with fiscal year 2008. 

5 (e) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) an agency of a State or of a political 

9 subdivision of a State, a tribal organization (as 

10 defined in section 103(8)), or a consortium of 

11 any number of such agencies or organizations; 

12 and 

13 (B) any other entity that the Secretary de14 termines is qualified to conduct a demonstra15 tion project under this section. 

16 (2) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Health and Human Services. 

18 TITLE III—NOTICE OF CHILDREN 

19 ENTERING FOSTER CARE 

20 SEC. 301. NOTICE TO RELATIVES WHEN CHILDREN ENTER 

21 FOSTER CARE. 

22 (a) IN GENERAL.—Section 471(a)(19) of the Social 

23 Security Act (42 U.S.C. 671(a)(19)) is amended— 

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

25 ‘‘that— 


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1 ‘‘(A) the State’’; 

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

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

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

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

6 parents, the State shall identify and give notice 

7 to all adult grandparents and other adult rel8 atives of the child (including any other adult 

9 relatives suggested by the parents), subject to 

10 exceptions due to family or domestic violence, 

11 that— 

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

13 or is being removed from the custody of 

14 the child’s parent or parents; and 

15 ‘‘(ii) explains the options the relative 

16 has under Federal, State, and local law to 

17 participate in the child’s care and place18 ment, including any options that may be 

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

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section take effect on October 1, 2007. 


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1 SEC. 302. FLEXIBILITY TO ESTABLISH SEPARATE STAND2 ARDS FOR RELATIVE FOSTER FAMILY 

3 HOMES. 

4 (a) IN GENERAL.—Section 471(a)(10) of the Social 

5 Security Act (42 U.S.C. 671(a)(10)) is amended— 

6 (1) by striking ‘‘which shall be responsible’’ and 

7 inserting ‘‘which— 

8 ‘‘(A) shall be responsible’’; 

9 (2) by inserting ‘‘and’’ after the semicolon; and 

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

11 ‘‘(B) may— 

12 ‘‘(i) establish and maintain separate 

13 standards for foster family homes in which 

14 a foster parent is a relative of the foster 

15 child that, at a minimum, protect the safe16 ty of the child and provide for criminal 

17 records checks, as described in paragraph 

18 (20); and 

19 ‘‘(ii) apply the standards referred to 

20 in clause (i) to any such relative foster 

21 care provider to whom funds are paid pur22 suant to section 472 or part B in lieu of 

23 the standards that would otherwise apply 

24 to a foster family home;’’. 

25 (b) EFFECTIVE DATE.—The amendments made by 

26 this section take effect on October 1, 2007. 


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1 SEC. 303. EXPANSION OF DEFINITION OF FAMILY SUPPORT 

2 SERVICES TO INCLUDE ASSISTING KINSHIP 

3 CAREGIVERS IN LOCATING AND ACCESSING 

4 NEEDED SERVICES. 

5 (a) IN GENERAL.—Section 431(a)(2) of the Social 

6 Security Act (42 U.S.C. 629a(a)(2)) is amended by insert7 ing ‘‘to assist kinship caregivers or guardians in locating 

8 and accessing needed services,’’ after ‘‘marriages,’’. 

9 (b) EFFECTIVE DATE.—Section 202(f) of this Act 

10 shall apply to the amendment made by this section. 

11 SEC. 304. REQUIREMENT THAT STATES INFORM CASE 

12 WORKERS AND FAMILIES CONSIDERING 

13 GUARDIANSHIP OF ALL PERMANENCY OP14 TIONS AND SERVICE ELIGIBILITY. 

15 (a) IN GENERAL.—Section 472A(b)(1) of the Social 

16 Security Act, as added by section 202(a) of this Act, is 

17 amended— 

18 (1) by adding ‘‘and’’ at the end of subpara19 graph (A); and 

20 (2) by adding after and below the end the fol21 lowing: 

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

23 shall certify to the Secretary that the State 

24 will— 

25 ‘‘(i) inform the individuals who pre26 pare the case plan for a child of the full 


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1 range of permanency options available to 

2 children, including guardianship, and pro3 vide or otherwise make accessible to the in4 dividuals information on the range of phys5 ical and mental health, financing, housing, 

6 counseling, employment, education, and 

7 other support services which guardians and 

8 children may receive; and 

9 ‘‘(ii) inform families considering 

10 guardianship of all permanency options 

11 available to the child and of the range of 

12 physical and mental health, financial, 

13 housing, counseling, employment, edu14 cation, and other support services which 

15 guardians and children may receive.’’. 

16 (b) EFFECTIVE DATE.—Section 202(f) of this Act 

17 shall apply to the amendments made by this section. 

Æ 


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