I 

111TH CONGRESS 

1ST SESSION H. R. 4317 

To support the establishment or expansion and operation of programs using 

a network of public and private community entities to provide mentoring 

for children in foster care. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2009 

Mr. CROWLEY (for himself, Mr. STARK, Mr. GRIJALVA, and Mr. QUIGLEY) 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 support the establishment or expansion and operation 

of programs using a network of public and private community entities to provide mentoring for children in foster care. 

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 ‘‘Foster Care Mentoring 

5 Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Research shows that caring adults can 

4 make a difference in children’s lives. Forty-five per5 cent of mentored teens are less likely to use drugs. 

6 Fifty-nine percent of mentored teens have better 

7 academic performance. Seventy-three percent of 

8 mentored teens achieve higher goals generally. 

9 (2) Children that have mentors have better re10 lationships with adults, fewer disciplinary referrals, 

11 and more confidence to achieve their goals. 

12 (3) In 2006, 510,000 children were in foster 

13 care. Of those children, 85,671 were between the 

14 ages of 10 and 13, and 164,407 were between the 

15 ages of 14 and 18. 

16 (4) States should be encouraged to incorporate 

17 mentor programs into the delivery of their foster 

18 care services. 

19 (5) Mentor programs that serve foster children 

20 are unique and require additional considerations, in21 cluding specialized training and support necessary to 

22 provide for consistent, long term relationships for 

23 children in care. 

24 (6) Mentor programs are cost-effective ap25 proaches to decreasing the occurrence of so many soVerDate Nov 24 2008 16:59 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4317.IH H4317

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1 cial ills such as teen pregnancy, substance abuse, in2 carceration, and violence. 

3 SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER 

4 CARE. 

5 Subpart 2 of part B of title IV of the Social Security 

6 Act (42 U.S.C. 629 et seq.) is amended by adding at the 

7 end the following: 

8 ‘‘SEC. 440. PROGRAMS FOR MENTORING CHILDREN IN FOS9 TER CARE. 

10 ‘‘(a) PURPOSE.—It is the purpose of this section to 

11 authorize the Secretary to make grants to eligible appli12 cants to support the establishment or expansion and oper13 ation of programs using a network of public and private 

14 community entities to provide mentoring for children in 

15 foster care. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) CHILDREN IN FOSTER CARE.—The term 

18 ‘children in foster care’ means children who have 

19 been removed from the custody of their biological or 

20 adoptive parents by a State child welfare agency. 

21 ‘‘(2) MENTORING.—The term ‘mentoring’ 

22 means a structured, managed program— 

23 ‘‘(A) in which children are appropriately 

24 matched with screened and trained adult volun25 teers for one-on-one relationships; 


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1 ‘‘(B) that involves meetings and activities 

2 on a regular basis; and 

3 ‘‘(C) that is intended to meet, in part, the 

4 child’s need for involvement with a caring and 

5 supportive adult who provides a positive role 

6 model. 

7 ‘‘(3) POLITICAL SUBDIVISION.—The term ‘polit8 ical subdivision’ means a local jurisdiction below the 

9 level of the State government, including a county, 

10 parish, borough, or city. 

11 ‘‘(c) GRANT PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall carry 

13 out a program to award grants to States to support 

14 the establishment or expansion and operation of pro15 grams using networks of public and private commu16 nity entities to provide mentoring for children in fos17 ter care. 

18 ‘‘(2) GRANTS TO POLITICAL SUBDIVISIONS.— 

19 The Secretary may award a grant under this sub20 section directly to a political subdivision if the sub21 division serves a substantial number of foster care 

22 youth (as determined by the Secretary). 

23 ‘‘(3) APPLICATION REQUIREMENTS.—To be eli24 gible for a grant under paragraph (1), the chief ex25 ecutive officer of the State or political subdivision 


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1 shall submit to the Secretary an application con2 taining the following: 

3 ‘‘(A) PROGRAM DESIGN.—A description of 

4 the proposed program to be carried out using 

5 amounts provided under this grant, including— 

6 ‘‘(i) a list of local public and private 

7 organizations and entities that will partici8 pate in the mentoring network; 

9 ‘‘(ii) the name, description, and quali10 fications of the entity that will coordinate 

11 and oversee the activities of the mentoring 

12 network; 

13 ‘‘(iii) the number of mentor-child 

14 matches proposed to be established and 

15 maintained annually under the program; 

16 ‘‘(iv) such information as the Sec17 retary may require concerning the methods 

18 to be used to recruit, screen, support, and 

19 oversee individuals participating as men20 tors, (which methods shall include criminal 

21 background checks on the individuals), and 

22 to evaluate outcomes for participating chil23 dren, including information necessary to 

24 demonstrate compliance with requirements 


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1 established by the Secretary for the pro2 gram; and 

3 ‘‘(v) such other information as the 

4 Secretary may require. 

5 ‘‘(B) TRAINING.—An assurance that all 

6 mentors covered under the program will receive 

7 intensive and ongoing training in the following 

8 areas: 

9 ‘‘(i) Child development, including the 

10 importance of bonding. 

11 ‘‘(ii) Family dynamics, including the 

12 effects of domestic violence. 

13 ‘‘(iii) The foster care system and fos14 ter care principles and practices. 

15 ‘‘(iv) Recognizing and reporting child 

16 abuse and neglect. 

17 ‘‘(v) Confidentiality requirements for 

18 working with children in foster care. 

19 ‘‘(vi) Working in coordination with the 

20 public school system. 

21 ‘‘(vii) Other matters related to work22 ing with children in foster care. 

23 ‘‘(C) SCREENING.—An assurance that all 

24 mentors covered under the program are appro25 priately screened and have demonstrated a willVerDate Nov 24 2008 16:59 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4317.IH H4317

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1 ingness to comply with all aspects of the mentor 

2 program, including— 

3 ‘‘(i) a description of the methods to be 

4 used to conduct criminal background 

5 checks on all prospective mentors; and 

6 ‘‘(ii) a description of the methods to 

7 be used to ensure that the mentors are 

8 willing and able to serve as a mentor on a 

9 long term, consistent basis. 

10 ‘‘(D) EDUCATIONAL REQUIREMENTS.—An 

11 assurance that all mentors recruited to serve as 

12 academic mentors will— 

13 ‘‘(i) have a secondary school diploma 

14 or its recognized equivalent; and 

15 ‘‘(ii) have completed not less than 1 

16 year of study in a program leading to a 

17 baccalaureate, graduate, or postgraduate 

18 degree. 

19 ‘‘(E) COMMUNITY CONSULTATION; COORDI20 NATION WITH OTHER PROGRAMS.—A dem21 onstration that, in developing and implementing 

22 the program, the State or political subdivision 

23 will, to the extent feasible and appropriate— 

24 ‘‘(i) consult with— 


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1 ‘‘(I) public and private commu2 nity entities, including religious orga3 nizations, and including, as appro4 priate, Indian tribal organizations and 

5 urban Indian organizations; and 

6 ‘‘(II) family members of children 

7 who may be potential clients of the 

8 program; 

9 ‘‘(ii) coordinate the program and ac10 tivities under the program with other Fed11 eral, State, and local programs serving 

12 children and youth; and 

13 ‘‘(iii) consult and coordinate with ap14 propriate Federal, State, and local correc15 tions, workforce development, and sub16 stance abuse and mental health agencies. 

17 ‘‘(F) EQUAL ACCESS FOR LOCAL SERVICE

18 PROVIDERS.—An assurance that public and pri19 vate entities and community organizations, in20 cluding religious organizations and Indian orga21 nizations, will be eligible to participate on an 

22 equal basis. 

23 ‘‘(G) RECORDS, REPORTS, AND AUDITS.— 

24 An agreement that the State or political sub25 division will maintain such records, make such 


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1 reports, and cooperate with such reviews or au2 dits as the Secretary may find necessary for 

3 purposes of oversight of project activities and 

4 expenditures. 

5 ‘‘(H) EVALUATION.—An agreement that 

6 the State or political subdivision will cooperate 

7 fully with the Secretary’s ongoing and final 

8 evaluation of the program under the plan, by 

9 means including providing the Secretary access 

10 to the program, the program’s staff, program11 related records and documents, and each public 

12 or private community entity receiving funding 

13 under the plan. 

14 ‘‘(4) FEDERAL SHARE.— 

15 ‘‘(A) IN GENERAL.—A grant for a program 

16 under this subsection shall be available to pay 

17 a percentage share of the costs of the program 

18 of not more than 75 percent for each year for 

19 which the grant is awarded. 

20 ‘‘(B) NON-FEDERAL SHARE.—The non21 Federal share of the cost of projects under this 

22 subsection may be in cash or in kind. In deter23 mining the amount of the non-Federal share, 

24 the Secretary may attribute fair market value 


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1 to goods, services, and facilities contributed 

2 from non-Federal sources. 

3 ‘‘(5) CONSIDERATIONS IN AWARDING

4 GRANTS.—In awarding grants under this subsection, 

5 the Secretary shall take into consideration— 

6 ‘‘(A) the overall qualifications and capacity 

7 of the State or political subdivision program 

8 and its partners to effectively carry out a men9 toring program under this subsection; 

10 ‘‘(B) the level and quality of training pro11 vided to mentors under the program; 

12 ‘‘(C) evidence of coordination of the pro13 gram with the social services and education pro14 grams of the State or political subdivision; 

15 ‘‘(D) the ability of the State or political 

16 subdivision to provide supervision and support 

17 for mentors under the program and the youth 

18 served by such mentors; 

19 ‘‘(E) evidence of consultation with institu20 tions of higher learning; 

21 ‘‘(F) the number of children in foster care 

22 served by the State or political subdivision; and 

23 ‘‘(G) any other factors that the Secretary 

24 determines to be significant with respect to the 


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1 need for or the potential success of carrying out 

2 a mentoring program under this subsection. 

3 ‘‘(6) USE OF FUNDS.—Of the amount awarded 

4 to a State or political subdivision under a grant 

5 under this subsection, the State or political subdivi6 sion shall— 

7 ‘‘(A) use not less than 50 percent of the 

8 total grant amount for the training and ongoing 

9 educational support of mentors; and 

10 ‘‘(B) use not more than 10 percent of the 

11 total grant amount for administrative purposes. 

12 ‘‘(7) MAXIMUM GRANT AMOUNT.— 

13 ‘‘(A) IN GENERAL.—In awarding grants 

14 under this subsection, the Secretary shall con15 sider the number of children served by the ju16 risdiction and the grant amount relative to the 

17 need for services. 

18 ‘‘(B) LIMIT.—The amount of a grant 

19 awarded to a State or political subdivision 

20 under this subsection shall not exceed 

21 $600,000. 

22 ‘‘(8) ANNUAL REPORT.—Not later than 1 year 

23 after the date of enactment of the Foster Care Men24 toring Act of 2009, and annually thereafter, the Sec25 retary shall prepare and submit to Congress a report 


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1 that includes the following with respect to the year 

2 involved: 

3 ‘‘(A) A description of the number of pro4 grams receiving grant awards under this sub5 section. 

6 ‘‘(B) A description of the number of men7 tors who serve in the programs described in 

8 subparagraph (A). 

9 ‘‘(C) A description of— 

10 ‘‘(i) the number of mentored children 

11 in foster care who graduate from sec12 ondary school; 

13 ‘‘(ii) the number of such children who 

14 enroll in institutions of higher learning; 

15 and 

16 ‘‘(iii) the number of such children who 

17 are adopted by their mentors. 

18 ‘‘(D) Any other information that the Sec19 retary determines to be relevant to the evalua20 tion of the program under this subsection. 

21 ‘‘(9) EVALUATION.—Not later than 3 years 

22 after the date of enactment of the Foster Care Men23 toring Act of 2009, the Secretary shall conduct an 

24 evaluation of the effectiveness of programs funded 

25 under this section, including a comparison between 


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1 the rate of drug and alcohol abuse, teenage preg2 nancy, delinquency, homelessness, and other out3 come measures for mentored youth in foster care 

4 and non-mentored youth in foster care. 

5 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this subsection— 

8 ‘‘(A) $15,000,000 for each of fiscal years 

9 2010 and 2011; and 

10 ‘‘(B) such sums as may be necessary for 

11 each succeeding fiscal year. 

12 ‘‘(d) NATIONAL COORDINATION OF STATEWIDE

13 MENTORING PARTNERSHIPS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may award 

15 a competitive grant to an eligible entity to establish 

16 a national hotline service or website to provide infor17 mation to individuals who are interested in becoming 

18 mentors to youth in foster care. 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection— 

22 ‘‘(A) $4,000,000 for each of fiscal years 

23 2010 and 2011; and 

24 ‘‘(B) such sums as may be necessary for 

25 each succeeding fiscal year. 


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1 ‘‘(e) LOAN FORGIVENESS.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) ELIGIBLE MENTOR.—The term ‘eligi4 ble mentor’ means an individual who has served 

5 as a mentor in a mentor program established 

6 under subsection (c) for at least 200 hours in 

7 a single calendar year. 

8 ‘‘(B) FEDERAL STUDENT LOAN.—The 

9 term ‘Federal student loan’ means any loan 

10 made, insured, or guaranteed under part B, D, 

11 or E of title IV of the Higher Education Act of 

12 1965. 

13 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

14 means the Secretary of Education. 

15 ‘‘(2) RELIEF FROM INDEBTEDNESS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 carry out a program to provide for the dis18 charge or cancellation of the Federal student 

19 loan indebtedness of an eligible mentor. 

20 ‘‘(B) METHOD OF DISCHARGE OR CAN21 CELLATION.—The amount of a Federal student 

22 loan that will be discharged or canceled under 

23 the program under subparagraph (A) shall be 

24 discharged or canceled as provided for using the 

25 method under section 437(a), 455(a)(1), or 


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1 464(c)(1)(F) of the Higher Education Act of 

2 1965, as applicable. 

3 ‘‘(C) AMOUNT OF RELIEF.—The amount of 

4 relief to be provided under this subsection with 

5 respect to a Federal student loan shall— 

6 ‘‘(i) be equal to $2,000 for each 200 

7 hours of service that the eligible mentor 

8 serves in a mentor program established 

9 under subsection (c) in a calendar year; 

10 and 

11 ‘‘(ii) not exceed a total of $20,000 for 

12 an eligible mentor. 

13 ‘‘(3) FACILITATION OF CLAIMS.—The Secretary 

14 shall— 

15 ‘‘(A) establish procedures for the filing of 

16 applications for the discharge or cancellation of 

17 loans under this subsection by regulations that 

18 shall be prescribed and published within 90 

19 days after the date of enactment of this section 

20 and without regard to the requirements of sec21 tion 553 of title 5, United States Code; and 

22 ‘‘(B) take such actions as may be nec23 essary to publicize the availability of the pro24 gram established under this subsection for eligi25 ble mentors. 


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1 ‘‘(4) FUNDING.—Amounts available for the pur2 poses of making payments to lenders in accordance 

3 with section 437(a) of the Higher Education Act of 

4 1965 for the discharge of indebtedness of deceased 

5 or disabled individuals shall be available for making 

6 payments to lenders of loans to eligible mentors, as 

7 provided for in this subsection.’’. 

Æ 


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