II 

118TH CONGRESS 

1ST SESSION S. 3501 

To provide greater support for grandfamilies and older caregiver relatives. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2023 

Mr. CASEY (for himself, Mrs. GILLIBRAND, and Mr. BROWN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide greater support for grandfamilies and older 

caregiver relatives. 

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 ‘‘Grandfamilies Act of 

5 2023’’. 

6 SEC. 2. INCREASING ACCESS TO SOCIAL SECURITY BENE7 FITS FOR CHILDREN WHO LIVE WITH GRAND8 PARENTS OR OTHER FAMILY MEMBERS. 

9 (a) IN GENERAL.—Title II of the Social Security Act 

10 (42 U.S.C. 401 et seq.) is amended— 

11 (1) in section 202(d)— 


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1 (A) in paragraph (1)(C), by inserting ‘‘ex2 cept as provided in paragraph (9),’’ before ‘‘was 

3 dependent’’; and 

4 (B) by amending paragraph (9) to read as 

5 follows: 

6 ‘‘(9)(A) In the case of a child who is the child of an 

7 individual under clause (3) of the first sentence of section 

8 216(e) and is not a child of such individual under clause 

9 (1) or (2) of such first sentence, the criteria specified in 

10 subparagraph (B) shall apply instead of the criteria speci11 fied in subparagraph (C) of paragraph (1). 

12 ‘‘(B) The criteria of this subparagraph are that— 

13 ‘‘(i) the child has been living with such indi14 vidual in the United States for a period of not less 

15 than 12 months; 

16 ‘‘(ii) the child has been receiving not less than 

1 17 ⁄2 of the child’s support from such individual for a 

18 period of not less than 12 months; and 

19 ‘‘(iii) the period during which the child was liv20 ing with such individual began before the child at21 tained age 18. 

22 ‘‘(C) In the case of a child who is less than 12 months 

23 old, such child shall be deemed to meet the requirements 

24 of subparagraph (B) if, on the date the child attains 1 

25 year of age, such child has lived with such individual in 


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the United States and received at least 1 1 ⁄2 of the child’s 

2 support from such individual for substantially all of the 

3 period which began on the date of such child’s birth.’’; 

4 and 

5 (2) in section 216(e), in the first sentence— 

6 (A) by striking ‘‘grandchild or 

7 stepgrandchild of an individual or his spouse’’ 

8 and inserting ‘‘grandchild, stepgrandchild, or 

9 other first-degree, second-degree, third-degree, 

10 fourth-degree, or fifth-degree relative of an indi11 vidual or the individual’s spouse’’; 

12 (B) by striking ‘‘was no natural or adop13 tive parent’’ and inserting ‘‘is no living natural 

14 or adoptive parent’’; 

15 (C) by striking ‘‘was under a disability’’ 

16 and inserting ‘‘is under a disability’’; 

17 (D) by striking ‘‘living at the time’’ and all 

18 that follows through ‘‘, or (B)’’ and inserting ‘‘, 

19 (B)’’; and 

20 (E) by inserting ‘‘, or (C) the person has 

21 been in the custody of such individual pursuant 

22 to a court order for a period of not less than 

23 12 months’’ before the first period. 


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1 (b) CONFORMING AMENDMENTS.—Section 202(d)(1) 

2 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend3 ed— 

4 (1) by striking ‘‘subparagraphs (A), (B), and 

5 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 

6 subparagraph (C) or paragraph (9) (as applicable)’’; 

7 and 

8 (2) by striking ‘‘subparagraphs (B) and (C)’’ 

9 and inserting ‘‘subparagraph (B) and subparagraph 

10 (C) or paragraph (9) (as applicable)’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the first day of the first 

13 fiscal year that begins after the date of enactment of this 

14 Act. 

15 SEC. 3. ELIMINATING BARRIERS TO TANF FOR CHILDREN, 

16 OLDER CAREGIVER RELATIVES, AND CARE17 GIVER RELATIVES CARING FOR A CHILD 

18 WITH A DISABILITY. 

19 (a) BROADENING GOOD CAUSE EXCEPTION TO RE20 QUIREMENT TO PROVIDE INFORMATION ON NONCUSTO21 DIAL PARENTS.—Section 454(29)(A)(i) of the Social Se22 curity Act (42 U.S.C. 654(29)(A)(i)) is amended by strik23 ing ‘‘best interests of the child’’ and inserting ‘‘best inter24 ests of the child, including, if enforcement procedures 

25 against a non-custodial parent of the child are initiated, 


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1 whether such procedures will impede the parent’s ability 

2 to reunify with the child in the future’’. 

3 (b) DISREGARD OF NONPARENT CAREGIVER REL4 ATIVE INCOME, ASSETS, AND RESOURCES IN CHILD-ONLY

5 CASES.— 

6 (1) IN GENERAL.—Section 408(a) of the Social 

7 Security Act (42 U.S.C. 608(a)) is amended by add8 ing at the end the following new paragraph: 

9 ‘‘(13) DISREGARD OF INCOME, ASSETS, AND

10 RESOURCES FOR NONPARENT CAREGIVER RELATIVES

11 IN CHILD-ONLY CASES.— 

12 ‘‘(A) IN GENERAL.—With respect to a 

13 minor child who does not reside in the same 

14 household as a parent of the child, a State to 

15 which a grant is made under section 403 shall 

16 not take into account the income, assets, or re17 sources of such child’s nonparent caregiver rel18 ative who is not seeking assistance under the 

19 State program funded under this part or any 

20 other State program funded with qualified 

21 State expenditures (as defined in section 

22 409(a)(7)(B)(i)) on their own behalf in deter23 mining whether the child is eligible for assist24 ance under any such program, or in deterVerDate Sep 11 2014 04:08 Dec 29, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3501.IS S3501

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1 mining the amount or types of such assistance 

2 to be provided to the child. 

3 ‘‘(B) EXCEPTION.—Subparagraph (A) 

4 shall not apply in the case of a State pro5 gram— 

6 ‘‘(i) that is operated specifically for 

7 children living with nonparent caregiver 

8 relatives; 

9 ‘‘(ii) that provides monthly financial 

10 assistance to a child living with a non11 parent caregiver relative in an amount that 

12 is greater than the amount of assistance 

13 that the child would receive on the child’s 

14 own behalf under the State program fund15 ed under this part; 

16 ‘‘(iii) that is separate from the State 

17 program funded under this part; and 

18 ‘‘(iv) that is described in the State 

19 plan submitted under section 402.’’. 

20 (2) PENALTY.—Section 409(a) of the Social Se21 curity Act (42 U.S.C. 609(a)) is amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(17) PENALTY FOR FAILURE TO DISREGARD

24 INCOME, ASSETS, AND RESOURCES OF NONPARENT

25 CAREGIVER RELATIVE IN CHILD-ONLY CASES.—If 


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1 the Secretary determines that a State to which a 

2 grant is made under section 403 in a fiscal year has 

3 violated section 408(a)(13) during the fiscal year, 

4 the Secretary shall reduce the grant payable to the 

5 State under section 403(a)(1) for the immediately 

6 succeeding fiscal year by an amount equal to 3 per7 cent of the State family assistance grant.’’. 

8 (c) ELIMINATING 5-YEAR CAP ON ASSISTANCE IN

9 CHILD-ONLY CASES.— 

10 (1) IN GENERAL.—Section 408(a)(7) of the So11 cial Security Act (42 U.S.C. 608(a)(7)) is amended 

12 by adding at the end the following new subpara13 graph: 

14 ‘‘(H) NO LIMIT FOR CHILD-ONLY CASES.— 

15 A State shall not limit the number of months 

16 of assistance under the State program funded 

17 under this part or any other State program 

18 funded with qualified State expenditures (as de19 fined in section 409(a)(7)(B)(i)) for a family in 

20 which all adults in the family— 

21 ‘‘(i) are nonparent caregiver relatives 

22 of a child who does not reside in the same 

23 household of the parent of the child; and 

24 ‘‘(ii) do not receive assistance under 

25 the State program funded under this part 


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1 or any other State program funded with 

2 qualified expenditures (as defined in sec3 tion 409(a)(7)(B)(i)) on their own be4 half.’’. 

5 (2) PENALTY.—Section 409(a) of the Social Se6 curity Act (42 U.S.C. 609(a)), as previously amend7 ed by this section, is amended— 

8 (A) in paragraph (9), by inserting ‘‘(other 

9 than subparagraph (H))’’ after ‘‘section 

10 408(a)(7)’’; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(18) PENALTY FOR FAILURE TO COMPLY WITH

14 5-YEAR CAP EXEMPTIONS.—If the Secretary deter15 mines that a State to which a grant is made under 

16 section 403 in a fiscal year has violated subpara17 graph (H) of section 408(a)(7) during the fiscal 

18 year, the Secretary shall reduce the grant payable to 

19 the State under section 403(a)(1) for the imme20 diately succeeding fiscal year by an amount equal to 

21 3 percent of the State family assistance grant’’. 

22 (d) EXEMPTION FROM WORK REQUIREMENTS FOR

23 NONPARENT CAREGIVER RELATIVES IN CHILD-ONLY

24 CASES.— 


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1 (1) IN GENERAL.—Section 408 of the Social 

2 Security Act (42 U.S.C. 608) is amended by adding 

3 at the end the following new subsection: 

4 ‘‘(h) STATE REQUIRED TO EXEMPT NONPARENT

5 CAREGIVER RELATIVES FROM WORK PARTICIPATION IN

6 CHILD-ONLY CASES.—A State shall not require an indi7 vidual to engage in work if the individual— 

8 ‘‘(1) is the nonparent caregiver relative of a 

9 child who does not reside in the same household as 

10 a parent of the child; and 

11 ‘‘(2) resides in a household in which no adult 

12 receives assistance under the State program funded 

13 under this part or any other State program funded 

14 with qualified expenditures (as defined in section 

15 409(a)(7)(B)(i)) on their own behalf.’’. 

16 (2) PENALTY.—Section 409(a) of the Social Se17 curity Act (42 U.S.C. 609(a)), as previously amend18 ed by this section, is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(19) PENALTY FOR FAILURE TO COMPLY WITH

21 WORK PARTICIPATION EXEMPTIONS.—If the Sec22 retary determines that a State to which a grant is 

23 made under section 403 in a fiscal year has violated 

24 subsection (h) of section 408 during the fiscal year, 

25 the Secretary shall reduce the grant payable to the 


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1 State under section 403(a)(1) for the immediately 

2 succeeding fiscal year by an amount equal to 3 per3 cent of the State family assistance grant.’’. 

4 (e) ELIMINATING 5-YEAR CAP ON ASSISTANCE FOR

5 OLDER CAREGIVER RELATIVES AND CAREGIVER REL6 ATIVES CARING FOR A CHILD WITH A DISABILITY.— 

7 (1) IN GENERAL.—Section 408(a)(7) of the So8 cial Security Act (42 U.S.C. 608(a)(7)), as amended 

9 by subsection (c)(1), is amended by adding at the 

10 end the following new subparagraph: 

11 ‘‘(I) NON-APPLICATION OF LIMIT TO

12 OLDER CAREGIVER RELATIVES AND CAREGIVER

13 RELATIVES CARING FOR A CHILD WITH A DIS14 ABILITY.— 

15 ‘‘(i) NO LIMIT FOR OLDER CAREGIVER

16 RELATIVES AND CAREGIVER RELATIVES

17 CARING FOR A CHILD WITH A DIS18 ABILITY.—Subparagraph (A) shall not 

19 apply and a State shall not limit the num20 ber of months of assistance under the 

21 State program funded under this part or 

22 any other State program funded with 

23 qualified State expenditures (as defined in 

24 section 409(a)(7)(B)(i)) based on receipt 

25 of such assistance by an individual who is 


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1 an older caregiver relative or a caregiver 

2 relative caring for a child with a disability 

3 (as such terms are defined for purposes of 

4 paragraph (14)). 

5 ‘‘(ii) DISREGARD OF MONTHS OF AS6 SISTANCE.—In determining the number of 

7 months for which a family that includes an 

8 adult who has received assistance under 

9 the State program funded under this part 

10 or any other State program funded with 

11 qualified State expenditures (as defined in 

12 section 409(a)(7)(B)(i)), the State shall 

13 disregard any month for which such assist14 ance was provided with respect to the fam15 ily during which such adult was an older 

16 caregiver relative or a caregiver relative 

17 caring for a child with a disability (as such 

18 terms are defined for purposes of para19 graph (14)).’’. 

20 (2) PENALTY.—Section 409(a) of the Social Se21 curity Act (42 U.S.C. 609(a)), as previously amend22 ed by this section, is amended— 

23 (A) in paragraph (9), by inserting ‘‘or (I)’’ 

24 after ‘‘subparagraph (H)’’; and 


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1 (B) in paragraph (18), by inserting ‘‘or 

2 (I)’’ after ‘‘subparagraph (H)’’. 

3 (f) EXEMPTION FROM WORK REQUIREMENTS FOR

4 OLDER CAREGIVER RELATIVES AND CAREGIVER REL5 ATIVES CARING FOR A CHILD WITH A DISABILITY.— 

6 (1) IN GENERAL.—Section 408 of the Social 

7 Security Act (42 U.S.C. 608), by subsection (d)(1), 

8 is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(i) STATE REQUIRED TO EXEMPT CAREGIVER REL11 ATIVES FROM WORK PARTICIPATION WHERE CAREGIVER

12 RECEIVES ASSISTANCE.—A State shall not require an in13 dividual to engage in work, and, at the option of the State 

14 and on a case-by-case basis, may disregard such individual 

15 in determining the participation rates under section 

16 407(a), if the individual— 

17 ‘‘(1) is an older caregiver relative or a caregiver 

18 relative caring for a child with a disability (as such 

19 terms are defined for purposes of subsection 

20 (a)(14)); and 

21 ‘‘(2) directly receives assistance on the individ22 ual’s own behalf under the State program funded 

23 under this part or any other State program funded 

24 with qualified expenditures (as defined in section 

25 409(a)(7)(B)(i)).’’. 


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1 (2) PENALTY.—Paragraph (18) of section 

2 409(a) of the Social Security Act (42 U.S.C. 

3 609(a)), as added by subsection (d)(2), is amended 

4 by inserting ‘‘or (i)’’ after ‘‘subsection (h)’’. 

5 (3) CONFORMING AMENDMENTS.—402(a)(1)(A) 

6 of the Social Security Act (42 U.S.C. 602(a)(1)(A)) 

7 is amended— 

8 (A) in clause (ii), by inserting ‘‘and subject 

9 to subsection (h) and (i) of section 408’’ before 

10 the period; and 

11 (B) in clause (iii), by inserting ‘‘and sub12 ject to subsection (h) and (i) of section 408’’ 

13 before the period. 

14 (g) DISREGARD OF INCOME, ASSETS, AND RE15 SOURCES FOR OLDER CAREGIVER RELATIVES.— 

16 (1) IN GENERAL.—Section 408(a) of the Social 

17 Security Act (42 U.S.C. 608(a)), as previously 

18 amended by this section, is amended by adding at 

19 the end the following new paragraph: 

20 ‘‘(14) DISREGARD OF INCOME, ASSETS, AND

21 RESOURCES FOR OLDER CAREGIVER RELATIVES AND

22 CAREGIVER RELATIVES CARING FOR A CHILD WITH

23 A DISABILITY.— 

24 ‘‘(A) IN GENERAL.—In determining the 

25 eligibility for, and amount of, assistance under 


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1 the State program funded under this part or 

2 any other State program funded with qualified 

3 State expenditures (as defined in section 

4 409(a)(7)(B)(i)) for a family that includes an 

5 individual who is an older caregiver relative (as 

6 defined in subparagraph (B)) or a caregiver rel7 ative caring for a child with a disability (as de8 fined in subparagraph (C)), a State to which a 

9 grant is made under section 403 shall not take 

10 into account the income, assets, or resources of 

11 that individual. 

12 ‘‘(B) DEFINITION OF OLDER CAREGIVER

13 RELATIVE.— 

14 ‘‘(i) IN GENERAL.—For purposes of 

15 this paragraph, the term ‘older caregiver 

16 relative’ means an individual who— 

17 ‘‘(I) subject to clause (ii), has at18 tained age 55; and 

19 ‘‘(II) is the primary caregiver for 

20 a minor child who— 

21 ‘‘(aa) is living with the indi22 vidual; 

23 ‘‘(bb) does not have a parent 

24 living in the home; and 


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1 ‘‘(cc) is a grandchild, 

2 stepgrandchild, or other first-de3 gree, second-degree, third-degree, 

4 fourth-degree, or fifth-degree rel5 ative of the individual or the indi6 vidual’s spouse. 

7 ‘‘(ii) STATE OPTION TO MODIFY AGE

8 CRITERION.—At the option of a State, 

9 such term shall include an individual who 

10 has not attained age 55. 

11 ‘‘(iii) DETERMINATION TO BE MADE

12 BY STATE.—The determination of whether 

13 an individual meets the criteria described 

14 in clause (i)(II) shall be made by the 

15 State. 

16 ‘‘(C) DEFINITION OF CAREGIVER REL17 ATIVE CARING FOR A CHILD WITH A DIS18 ABILITY.— 

19 ‘‘(i) IN GENERAL.—For purposes of 

20 this paragraph, the term ‘caregiver relative 

21 caring for a child with a disability’ means 

22 an individual, regardless of age, who is the 

23 primary caregiver for a minor child who— 

24 ‘‘(I) is living with the individual; 


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1 ‘‘(II) is a child, grandchild, 

2 stepgrandchild, or other first-degree, 

3 second-degree, third-degree, fourth-de4 gree, or fifth-degree relative of the in5 dividual or the individual’s spouse; 

6 and 

7 ‘‘(III) has a disability, as defined 

8 in section 3 of the Americans with 

9 Disabilities Act of 1990 (42 U.S.C. 

10 12102)). 

11 ‘‘(ii) DETERMINATION TO BE MADE

12 BY STATE.—The determination of whether 

13 an individual meets the criteria described 

14 in clause (i) shall be made by the State.’’. 

15 (2) PENALTY.—Section 409(a) of the Social Se16 curity Act (42 U.S.C. 609(a)), as previously amend17 ed by this section, is amended by adding at the end 

18 the following new paragraph: 

19 ‘‘(20) PENALTY FOR FAILURE TO DISREGARD

20 INCOME, ASSETS, AND RESOURCES FOR OLDER

21 CAREGIVER RELATIVES.—If the Secretary deter22 mines that a State to which a grant is made under 

23 section 403 in a fiscal year has violated section 

24 408(a)(14) during the fiscal year, the Secretary 

25 shall reduce the grant payable to the State under 


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1 section 403(a)(1) for the immediately succeeding fis2 cal year by an amount equal to 3 percent of the 

3 State family assistance grant.’’. 

4 (h) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section 

7 shall take effect on the first day of the first fiscal 

8 year that begins after the date of enactment of this 

9 Act. 

10 (2) DELAY PERMITTED.— 

11 (A) IN GENERAL.—Before the date de12 scribed in subparagraph (B), a State plan 

13 under title IV of the Social Security Act shall 

14 not be regarded as failing to comply with an ad15 ditional requirement imposed on the plan by 

16 this section if the Secretary of Health and 

17 Human Services determines that such addi18 tional requirement— 

19 (i) requires State legislation (other 

20 than legislation appropriating funds) in 

21 order for the plan to meet such additional 

22 requirement; or 

23 (ii) could not practicably be met by 

24 the plan before such date. 


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1 (B) DATE DESCRIBED.—For purposes of 

2 subparagraph (A), the date described in this 

3 subparagraph is, with respect to a State, the 

4 first day of the first calendar quarter beginning 

5 after the close of the first regular session of the 

6 State legislature that begins after the date of 

7 enactment of this section. For purposes of the 

8 previous sentence, in the case of a State that 

9 has a 2-year legislative session, each year of 

10 such session shall be deemed to be a separate 

11 regular session of the State legislature. 

12 SEC. 4. IMPROVING THE COLLECTION OF CHILD SUPPORT 

13 FOR FAMILIES RECEIVING TANF ASSISTANCE. 

14 (a) IN GENERAL.—Section 454 of the Social Security 

15 Act (42 U.S.C. 654) is amended— 

16 (1) by redesignating paragraphs (30) through 

17 (34) as paragraphs (31) through (35), respectively; 

18 and 

19 (2) by inserting after paragraph (29) the fol20 lowing: 

21 ‘‘(30) include a description of— 

22 ‘‘(A) the methods used by the State to de23 termine whether an individual who has applied 

24 for or is receiving assistance under the State 

25 program funded under part A, the State proVerDate Sep 11 2014 04:08 Dec 29, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3501.IS S3501

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1 gram under part E, the State program under 

2 title XIX, or the supplemental nutrition assist3 ance program, as defined under section 3(h) of 

4 the Food and Nutrition Act of 2008 (7 U.S.C. 

5 2012(h)), is cooperating in good faith with the 

6 State in establishing paternity or in estab7 lishing, modifying, or enforcing a support order, 

8 as provided in paragraph (29); 

9 ‘‘(B) the State’s process for determining in 

10 a timely manner whether such an individual 

11 satisfies the cooperation requirement described 

12 in subparagraph (A) due to the individual’s 

13 participation in another State or Federal assist14 ance program; 

15 ‘‘(C) the good cause or other exceptions to 

16 the cooperation requirement that the State rec17 ognizes, including an explanation of any special 

18 requirements or considerations for a relative 

19 caregiver seeking to apply for such an excep20 tion; and 

21 ‘‘(D) how the State makes clear to an indi22 vidual who has applied for or is receiving assist23 ance under a program referred to in subpara24 graph (A)— 


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1 ‘‘(i) what, if anything, the individual 

2 needs to do in order to satisfy the coopera3 tion requirement, including explaining to 

4 the individual how the individual might 

5 satisfy the requirement through participa6 tion in another State or Federal assistance 

7 program; 

8 ‘‘(ii) the effect on the individual’s eli9 gibility to receive assistance under a pro10 gram referred to in subparagraph (A), and 

11 under other State or Federal assistance 

12 programs, if the individual fails to satisfy 

13 the cooperation requirement; and 

14 ‘‘(iii) the good cause or other excep15 tions to the cooperation requirement for 

16 which the individual may be eligible, in17 cluding if a standard of proof is required 

18 to qualify for each exception and an expla19 nation of any special requirements or con20 siderations for caregiver relatives;’’. 

21 (b) CONFORMING AMENDMENTS.—Title IV of the So22 cial Security Act (42 U.S.C. 601 et seq.) is amended— 

23 (1) in section 452(k)(1), by striking ‘‘section 

24 454(31)’’ and inserting ‘‘section 454(32)’’; and 


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1 (2) in section 454, in the matter following para2 graph (35) (as redesignated by subsection (a)) by 

3 striking ‘‘paragraph (33)’’ and inserting ‘‘paragraph 

4 (34)’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the first day of the first 

7 fiscal year that begins after the date of enactment of this 

8 Act. 

9 SEC. 5. ENCOURAGING STATES TO ADOPT TEMPORARY 

10 GUARDIANSHIP LAWS. 

11 (a) IN GENERAL.—Section 474(a)(7) of the Social 

12 Security Act (42 U.S.C. 674(a)(7)) is amended by insert13 ing ‘‘(or, in the case of a State that has in effect for the 

14 quarter a temporary guardianship law (as defined in sec15 tion 475(14)), 75 percent)’’ after ‘‘50 percent’’. 

16 (b) DEFINITION.—Section 475 of the Social Security 

17 Act (42 U.S.C. 675) is amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(14)(A) The term ‘temporary guardianship law’ 

20 means a State law that allows for the establishment, by 

21 operation of such law and through an easily navigable sim22 ple civil process, of a relationship between a child and a 

23 nonparent caregiver who has taken responsibility for car24 ing for the child in the absence of the child’s parents in 

25 which some of the parental rights with respect to the child 


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1 are transferred to the caregiver for a specified period of 

2 time which may be extended or renewed, except that the 

3 total period of time for which such rights are transferred 

4 to the caregiver (including any extensions or renewals) 

5 shall not exceed a maximum period of time (as established 

6 by the State). 

7 ‘‘(B) Under the process established under a law de8 scribed in subparagraph (A)— 

9 ‘‘(i) court fees shall be waived or reduced; and 

10 ‘‘(ii) any court forms or filings related to the 

11 process are easy enough to understand that a non12 parent caregiver who has taken responsibility for 

13 caring for the child in the absence of the child’s par14 ents could reasonably complete such forms or filings 

15 without legal assistance.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the first day of the first 

18 fiscal year that begins after the date of enactment of this 

19 Act. 

20 SEC. 6. GUIDANCE. 

21 (a) GUIDANCE TO STATES ON ENSURING AWARE22 NESS OF CHILD WELFARE SYSTEM AMONG KINSHIP

23 CAREGIVERS.—Not later than the first day of the first fis24 cal year that begins after the date of enactment of this 

25 Act, the Secretary of Health and Human Services shall 


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1 issue guidance to States on ways to ensure that kinship 

2 caregivers who receive assistance under a State program 

3 funded under part A of title IV of the Social Security Act 

4 (42 U.S.C. 601 et seq.) or any other State program fund5 ed with qualified State expenditures (as defined in section 

6 409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))) 

7 are— 

8 (1) provided with information about any appro9 priate assistance and services available to them 

10 through the child welfare system of the State, in11 cluding eligibility for foster care licensure and path12 ways to guardianship assistance programs or adop13 tion subsidies, and how to access such assistance 

14 and services; and 

15 (2) referred to any kinship navigator program 

16 operated by the State. 

17 (b) GUIDANCE ON COORDINATING ASSISTANCE FOR

18 CAREGIVERS.—Not later than the first day of the first fis19 cal year that begins after the date of enactment of this 

20 Act, the Secretary of Health and Human Services shall 

21 issue guidance for States identifying options for State pro22 grams, including programs funded under title IV of the 

23 Social Security Act (42 U.S.C. 601 et seq.), programs 

24 funded under the Older Americans Act of 1965 (42 U.S.C. 

25 3001 et seq.), and other relevant programs that are jointly 


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1 funded or administered by States and the Federal Govern2 ment, to collaborate, coordinate, and streamline outreach 

3 to, and processing of applications of assistance, for grand4 parents and older relative caregivers or kinship caregivers 

5 caring for grandchildren and other relative children resid6 ing with them. The options identified in such guidance 

7 shall include best practices for State programs to coordi8 nate with the National Technical Assistance Center on 

9 Grandfamilies and Kinship Families established under 

10 section 2922 of the American Rescue Plan Act (42 U.S.C. 

11 3020g). 

12 SEC. 7. STATE SUPPORT PLANS FOR GRANDPARENTS CAR13 ING FOR GRANDCHILDREN. 

14 (a) IN GENERAL.—Not later than the first day of the 

15 first fiscal year that begins after the date of enactment 

16 of this Act, from amounts appropriated to carry out this 

17 section, the Secretary of Health and Human Services shall 

18 award grants to States for purposes of developing State 

19 support plans for grandparents caring for grandchildren 

20 and other relatives caring for relative children. 

21 (b) REQUIREMENTS.—A State support plan for 

22 grandparents caring for grandchildren and other relatives 

23 caring for relative children that is funded by a grant under 

24 this section shall include the following: 


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1 (1) An initial assessment of the state of grand2 parents caring for grandchildren and other relatives 

3 caring for relative children in the State. 

4 (2) A plan for how appropriate State agencies 

5 can collaborate in their efforts to provide financial 

6 support, housing services, and other services and 

7 supports to grandparents caring for grandchildren 

8 and other relatives caring for relative children. 

9 (3) Steps that the State proposes to take over 

10 the next 5 years to ensure that grandparents caring 

11 for grandchildren and other relatives caring for rel12 ative children have necessary resources. 

13 (4) A plan to simplify or combine application 

14 requirements for State public assistance programs to 

15 reduce administrative burdens on recipients, with a 

16 focus on families consisting of grandparents or other 

17 older caregiver relatives raising relative children. 

18 (5) A plan to incorporate in the State support 

19 plan— 

20 (A) at least 1 recommendation from the 

21 most recent report to Congress of the Advisory 

22 Council to Support Grandparents Raising 

23 Grandchildren (provided that such report was 

24 released not more than 5 years before the date 


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1 on which the State is awarded a grant under 

2 this section); or 

3 (B) least 1 recommendation from the Ad4 ministration for Community Living. 

5 (c) COORDINATION WITH NATIONAL TECHNICAL AS6 SISTANCE CENTER ON GRANDFAMILIES AND KINSHIP

7 FAMILIES.—The National Technical Assistance Center on 

8 Grandfamilies and Kinship Families established under 

9 section 2922 of the American Rescue Plan Act (42 U.S.C. 

10 3020g) is encouraged to coordinate with States on the de11 velopment of State support plans funded by grants under 

12 this section. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated $10,000,000 to carry 

15 out this section. 

16 SEC. 8. GRANDFAMILIES AND KINSHIP FAMILIES ALLIANCE 

17 GRANTS. 

18 (a) PURPOSE.—The purposes of this section are— 

19 (1) to provide funds, through the Administra20 tion for Community Living, to strengthen and sup21 port grassroots efforts that address the unique needs 

22 of grandfamilies or kinship families, including those 

23 supporting children with disabilities or those navi24 gating through mental health concerns or trauma; 

25 and 


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1 (2) to establish cross-sector partnerships, in 

2 order to establish interagency collaborations and fos3 ter the integration of new or existing activities, de4 signed to increase the health, well-being, financial 

5 security, or legal standing of members of 

6 grandfamilies or kinship families. 

7 (b) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Administra10 tion for Community Living. 

11 (2) CROSS-SECTOR.—The term ‘‘cross-sector’’, 

12 used with respect to an entity, means that members 

13 of the entity represent different service-related sec14 tors, such as aging, child welfare, income support, 

15 food and nutrition, legal, health and mental health, 

16 education, housing, or disability services. 

17 (3) CROSS-SECTOR PARTNERSHIP.—The term 

18 ‘‘cross-sector partnership’’ means an alliance, or 

19 other partnership, that— 

20 (A) is cross-sector in nature; and 

21 (B) serves a local (which may be regional) 

22 area. 

23 (4) EDUCATIONAL PROVIDER.—The term ‘‘edu24 cational provider’’ includes an institution of higher 

25 education, including such an institution that is a 


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1 junior or community college (as defined in section 

2 312(f) of the Higher Education Act of 1965 (20 

3 U.S.C. 1058(f))), and a secondary school (as defined 

4 in section 8101 of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7801)). 

6 (5) GRANDFAMILY OR KINSHIP FAMILY.—The 

7 term ‘‘grandfamily or kinship family’’ means a fam8 ily in which a child resides with and is being raised 

9 by a grandparent, another extended family member, 

10 or an adult with whom the child has a close family11 like relationship, such as a godparent or a close fam12 ily friend. 

13 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

14 has the meaning given such term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 5304). 

17 (7) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given the term in section 101 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1001). 

21 (8) STATE.—The term ‘‘State’’ means any of 

22 the 50 States, the District of Columbia, the Com23 monwealth of Puerto Rico, Guam, American Samoa, 

24 the United States Virgin Islands, and the Common25 wealth of the Northern Marianas. 


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1 (c) GRANT PROGRAM.— 

2 (1) IN GENERAL.—The Administrator, acting 

3 directly, or by contract with another entity, shall 

4 carry out a grant program. In carrying out the pro5 gram, the Administrator shall make grants, on a 

6 competitive basis, to eligible entities. The Adminis7 trator shall make the grants for periods of 5 years 

8 and in amounts of not less than $200,000 per year. 

9 (2) ELIGIBLE ENTITIES.—To be eligible to re10 ceive a grant under this section, an entity shall— 

11 (A) be a nonprofit organization, State or 

12 local agency (including an area agency on aging 

13 as defined in section 102 of the Older Ameri14 cans Act of 1965 (42 U.S.C. 3002)), an Indian 

15 Tribe, or an educational provider in 1 or more 

16 States; and 

17 (B) have a proven record of supporting 

18 members of grandfamilies or kinship families 

19 and convening key stakeholders to address an 

20 issue related to grandfamilies or kinship fami21 lies. 

22 (3) APPLICATION.—To be eligible to receive a 

23 grant under this section, an entity shall submit an 

24 application with respect to a cross-sector partnership 

25 to the Administrator, at such time, in such manner, 


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1 and containing such information as the Adminis2 trator may require, including— 

3 (A) information that demonstrates the en4 tity’s capacity for establishing and sustaining 

5 cross-system partnerships aimed at improving 

6 the health, well-being, financial security, or 

7 legal standing of grandfamily or kinship family 

8 members; 

9 (B) information that demonstrates the en10 tity sought and included, or an assurance that 

11 the entity will seek and include, input from key 

12 stakeholders, including members of 

13 grandfamilies or kinship families, when estab14 lishing the partnership and identifying relevant 

15 activities; 

16 (C) a plan from the entity to incorporate 

17 in the activities carried out under the grant— 

18 (i) at least 1 recommendation from 

19 the most recent report to Congress of the 

20 Advisory Council to Support Grandparents 

21 Raising Grandchildren (provided that such 

22 report was released not more than 5 years 

23 before the date on which the entity submits 

24 its application for a grant under this sec25 tion); or 


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1 (ii) at least 1 recommendation from 

2 the Administration for Community Living; 

3 (D) information that demonstrates that 

4 the cross-sector partnership involved has devel5 oped or adopted, or an assurance that the part6 nership will develop or adopt, well-defined ac7 tivities that are evidence-informed or trauma 

8 specific or trauma informed, to enhance the 

9 health, well-being, financial security, or legal 

10 standing of grandfamilies or kinship families; 

11 (E)(i) memoranda from at least 3 organi12 zations that are cross-sector stakeholders that 

13 indicate the organizations will participate in the 

14 cross-sector partnership; 

15 (ii) an assurance that at least 1 partici16 pating stakeholder organization, or the lead en17 tity itself, will be an institution of higher edu18 cation that provides not less than a 2-year pro19 gram that is acceptable for full credit toward a 

20 degree; and 

21 (iii) an assurance that the contributions of 

22 the participating stakeholder organizations will 

23 be reflected in the programmatic budget of the 

24 partnership; 


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1 (F) information that demonstrates how the 

2 eligible entity will work with the cross-sector 

3 partnership to align existing (as of the date of 

4 submission of the application) activities to sup5 port members of grandfamilies or kinship fami6 lies; 

7 (G) information that demonstrates how the 

8 eligible entity will identify, support, and provide 

9 stipends to volunteers to support the goals of 

10 the cross-sector partnership, which volunteers 

11 may include— 

12 (i) volunteers or participants of 

13 AmeriCorps programs under the National 

14 and Community Service Act of 1990 (42 

15 U.S.C. 12501 et seq.) or the Domestic Vol16 unteer Service Act of 1973 (42 U.S.C. 

17 4950 et seq.), the National Community 

18 Care Corps program supported by the Ad19 ministration for Community Living, or any 

20 other federally-funded program supporting 

21 volunteers in community service; 

22 (ii) community members; or 

23 (iii) students at an institution of high24 er education who are seeking internships 

25 or direct volunteer experiences; 


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1 (H) information that identifies potential 

2 members of a cross-sector advisory council 

3 that— 

4 (i) will be comprised of at least 7 

5 members, and on which a majority of 

6 members are or have in the past been 

7 members of grandfamilies or kinship fami8 lies; and 

9 (ii) will advise the partnership on ac10 tivities to be carried out under the grant; 

11 and 

12 (I) a plan developed by the eligible entity 

13 to work in partnership with technical resource 

14 centers supported by the Administration for 

15 Community Living, including the National 

16 Technical Assistance Center on Grandfamilies 

17 and Kinship Families established under section 

18 2922 of the American Rescue Plan Act (42 

19 U.S.C. 3020g), on activities related to the ob20 jectives for the grant. 

21 (4) PREFERENCES.—In determining which enti22 ties shall receive grants under this section, the Ad23 ministrator shall give preference to entities that— 

24 (A) provide geographic diversity, including 

25 entities that serve rural localities; 


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1 (B) support children who have been or2 phaned by the COVID–19 pandemic or opioid 

3 crisis; 

4 (C) have capacity to provide culturally ap5 propriate activities; 

6 (D) demonstrate capacity to work with 

7 educational systems, including systems for early 

8 childhood education or elementary education; 

9 (E) support children with disabilities living 

10 with a grandfamily or kinship family; or 

11 (F) identify as a lived experience entity, 

12 which are organizations, groups, or collabora13 tions whose primary mission is to put people 

14 with lived experience in grandfamilies or kin15 ship families in a position to support other indi16 viduals going through similar experiences. 

17 (5) USES OF FUNDS.— 

18 (A) REQUIRED USES.—An entity that re19 ceives a grant under this section shall use the 

20 grant funds— 

21 (i) to establish or sustain a cross-sec22 tor partnership to strengthen and support 

23 grassroots efforts that address the unique 

24 needs of grandfamilies or kinship families, 

25 including those supporting children with 


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•S 3501 IS

1 disabilities or those navigating through 

2 mental health concerns or trauma; 

3 (ii) to foster the integration of new or 

4 existing activities designed to increase the 

5 health, well-being, financial security, or 

6 legal standing of members of grandfamilies 

7 or kinship families; and 

8 (iii) to promote peer-to-peer support 

9 efforts, including such efforts through sup10 port groups, social activities, or edu11 cational training. 

12 (B) ALLOWABLE USES.—An entity that re13 ceives a grant under this section may use the 

14 grant funds— 

15 (i) to support volunteer efforts related 

16 to objectives of the partnership, including 

17 conducting outreach to and providing sti18 pends for members of grandfamilies or kin19 ship families participating in advisory 

20 councils described in paragraph (3)(H), or 

21 providing peer-to-peer supports described 

22 in subparagraph (A)(iii), who are not oth23 erwise being paid for such participation or 

24 supports; 


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1 (ii) for staff positions for the partner2 ship; 

3 (iii) to conduct a gap and asset anal4 ysis and to raise awareness of the needs of 

5 grandfamilies or kinship families within 

6 the local area served; 

7 (iv) to support technology and soft8 ware needs related to the partnership; 

9 (v) to reimburse project-related mile10 age for staff and volunteers; 

11 (vi) to attend grant recipient trainings 

12 or other meetings with technical resource 

13 centers supported by the Administration 

14 for Community Living; or 

15 (vii) to help grandfamilies or kinship 

16 families coordinate benefits or assistance 

17 under any Federal program or any State 

18 or local program financed in whole or in 

19 part with Federal funds. 

20 (6) SUPPLEMENT NOT SUPPLANT.—Amounts 

21 made available under this section shall be used to 

22 supplement and not supplant other Federal, State, 

23 and local public funds expended to provide services 

24 for grandfamilies or kinship families. 

25 (7) ANNUAL REPORT.— 


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1 (A) INFORMATION FROM GRANT RECIPI2 ENTS.—Each recipient of a grant under this 

3 section shall annually submit to the Adminis4 trator information consisting of— 

5 (i) the number of individuals and or6 ganizations supported by the partnership 

7 funded by the grant, including the number 

8 of people who received direct services or 

9 training from the local activities carried 

10 out under this section and the estimated 

11 number of people who were impacted by 

12 the activities; 

13 (ii) demographic data, including the 

14 age, sex, ethnicity, disability status, and 

15 race of those supported by the partnership; 

16 (iii) the number of and demographic 

17 data for volunteers involved in supporting 

18 the objectives of the activities and the 

19 number of people who benefited from the 

20 contributions of volunteers; 

21 (iv) recommendations to align and co22 ordinate activities across service-related 

23 sectors, such as aging, child welfare, in24 come support, food and nutrition, legal, 

25 health and mental health, or education 


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1 services, for members of grandfamilies or 

2 kinship families, and lessons learned and 

3 promising practices developed during the 

4 year; and 

5 (v) ways in which the project sup6 ported by the grant has engaged individ7 uals with experience related to being a 

8 member of a grandfamily or kinship family 

9 in the design, implementation, and feed10 back related to the project. 

11 (B) REPORT BY ADMINISTRATOR.—Not 

12 later than 2 years after the date of enactment 

13 of this Act and every year thereafter, the Ad14 ministrator shall— 

15 (i) prepare, based on the information 

16 submitted under subparagraph (A), a re17 port on the impact of the program carried 

18 out under this section; and 

19 (ii) submit the report to— 

20 (I) the Committee on Health, 

21 Education, Labor, and Pensions, the 

22 Special Committee on Aging, and the 

23 Committee on Finance of the Senate; 

24 and 


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1 (II) the Committee on Education 

2 and Labor and the Committee on 

3 Ways and Means of the House of 

4 Representatives. 

5 (8) EVALUATION.— 

6 (A) IN GENERAL.—The Administrator 

7 shall reserve not more than 10 percent of the 

8 funds made available under this section for ad9 ministrative purposes. 

10 (B) EVALUATION.—The Administrator 

11 shall use funds reserved under subparagraph 

12 (A) for evaluation in the aggregate of the local 

13 activities supported by the grants. 

14 (C) PERMISSIBLE USES OF FUNDS.—The 

15 Administrator shall use the reserved funds for 

16 administrative purposes that may include— 

17 (i) the establishment of an inter18 agency task force to evaluate the rec19 ommendations provided by grant recipients 

20 under paragraph (7)(A)(iv), to foster Fed21 eral coordination related to activities for 

22 grandfamilies or kinship families; 

23 (ii) support for the Administration for 

24 Community Living’s Research, Demonstra25 tion, and Evaluation Center for the Aging 


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1 Network, established under section 201(g) 

2 of the Older Americans Act of 1965 (42 

3 U.S.C. 3011(g)); 

4 (iii) evaluation described in subpara5 graph (B) by an independent evaluator, 

6 separate from any of the grant recipients, 

7 hired by the Administrator; and 

8 (iv) hosting, not less than annually, 

9 learning collaboratives with the grant re10 cipients. 

11 (9) FUNDS.—There is authorized to be appro12 priated to carry out this section $8,750,000 for each 

13 of fiscal years 2024 through 2028. 

Æ 


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