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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4058 Reported in House (RH)]

                                                 Union Calendar No. 328
113th CONGRESS
  2d Session
                                H. R. 4058

                          [Report No. 113-441]

    To prevent and address sex trafficking of youth in foster care.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2014

  Mr. Reichert (for himself, Mr. Doggett, Mr. Paulsen, Mr. Levin, Mr. 
 Roskam, Mr. McDermott, Mr. Buchanan, Mr. Lewis, Mr. Young of Indiana, 
 Mr. Crowley, Mr. Griffin of Arkansas, Mr. Danny K. Davis of Illinois, 
 Mr. Renacci, Ms. Slaughter, Mrs. Wagner, Ms. Bass, and Mr. Langevin) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

                              May 7, 2014

 Additional sponsors: Mrs. Noem, Mr. Kelly of Pennsylvania, Mr. Reed, 
 Mr. Schock, Mr. Kline, Mr. Blumenauer, Mr. Pittenger, Mrs. Hartzler, 
Mr. Webster of Florida, Mr. Cardenas, Mr. Yoho, Mrs. Black, Ms. Herrera 
Beutler, Mr. Cramer, Mr. Rangel, Mr. Latta, Ms. Kuster, Mr. Tiberi, Mr. 
Rodney Davis of Illinois, Mr. Stivers, Ms. Esty, Mr. Barletta, and Mr. 
                              Diaz-Balart

                              May 7, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 14, 2014]

_______________________________________________________________________

                                 A BILL

 
    To prevent and address sex trafficking of youth in foster care.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Sex Trafficking and 
Improving Opportunities for Youth in Foster Care Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.

  TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING

Sec. 101. Identifying and screening youth at risk of sex trafficking.
Sec. 102. Documenting and reporting instances of sex trafficking.
Sec. 103. State plan requirement to locate and respond to children who 
                            run away from foster care.
Sec. 104. Increasing information on youth in foster care to prevent sex 
                            trafficking.

    TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND 
                         SUPPORTING PERMANENCY

Sec. 201. Supporting normalcy for children in foster care.
Sec. 202. Improvements to another planned permanent living arrangement 
                            as a permanency option.
Sec. 203. Empowering foster youth age 14 and older in the development 
                            of their own case plan and transition 
                            planning for a successful adulthood.

    TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX 
                              TRAFFICKING

Sec. 301. Including sex trafficking data in the Adoption and Foster 
                            Care Analysis and Reporting System.
Sec. 302. Information on children in foster care in annual reports 
                            using AFCARS data; consultation.

SEC. 3. FINDINGS.

    The Congress makes the following findings:
            (1) Recent reports on sex trafficking estimate that 
        thousands of children are at risk for domestic sex trafficking.
            (2) The risk is compounded every year for the up to 30,000 
        young people who are ``emancipated'' from foster care.
            (3) The current child welfare system does not effectively 
        identify, prevent, or intervene when a child presents as 
        trafficked or at risk for trafficking.
            (4) Within the foster care system, many young adults are 
        housed in congregate care facilities or group homes, which 
        often are targeted by traffickers.
            (5) Within the foster care system, children are routinely 
        denied the opportunity to participate in normal, age or 
        developmentally-appropriate activities such as joining 4-H and 
        other clubs, participating in school plays, playing sports, 
        going to camp, and visiting a friend.
            (6) A lack of normalcy and barriers to participation in age 
        or developmentally-appropriate activities contribute to 
        increased vulnerability to trafficking, homelessness, and other 
        negative outcomes for children in foster care.
            (7) The latest research in adolescent brain development 
        indicates that young people learn through experience and 
        through trial and error, and that as part of healthy brain 
        development young people need to take on increasing levels of 
        decisionmaking through their teenage years.
            (8) In order to combat domestic sex trafficking and to 
        improve outcomes for children in foster care, systemic changes 
        need to be made to the child welfare system that focus on--
                    (A) the reduction of children in long-term foster 
                care;
                    (B) greater child engagement in case planning while 
                in foster care;
                    (C) improved efforts to locate and respond to 
                children who have run away from foster care and to 
                reduce the number of foster children who are on the 
                run;
                    (D) improved policies and procedures that encourage 
                age or developmentally-appropriate activities for 
                children in foster care and that permit more 
                opportunities for such children to make meaningful and 
                permanent connections with caring adults; and
                    (E) with regard to domestic sex trafficking, 
                improved identification, prevention, and intervention 
                by the child welfare agency in collaboration with the 
                courts, State and local law enforcement agencies, 
                schools, juvenile justice agencies, and other social 
                service providers.

  TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING

SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK OF SEX TRAFFICKING.

    Section 471(a)(9) of the Social Security Act (42 U.S.C. 671(a)(9)) 
is amended--
            (1) in subparagraph (A), by striking ``and'';
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(C) not later than--
                            ``(i) 1 year after the date of the 
                        enactment of this subparagraph, demonstrate to 
                        the Secretary that the State agency has 
                        developed, in consultation with organizations 
                        with experience in dealing with at-risk youth, 
                        policies and procedures for identifying and 
                        screening (including relevant training for 
                        caseworkers), and for determining appropriate 
                        State action and services with respect to--
                                    ``(I) any child over whom the State 
                                agency has responsibility for 
                                placement, care, or supervision 
                                (including children for whom a State 
                                child welfare agency has an open case 
                                file but who have not been removed from 
                                the home and youth who are not in 
                                foster care but are receiving services 
                                under section 477 of this Act) who the 
                                State has reasonable cause to believe--
                                            ``(aa) is a victim of sex 
                                        trafficking (as defined in 
                                        section 103(10) of the 
                                        Trafficking Victims Protection 
                                        Act of 2000 (22 U.S.C. 
                                        7102(10))) or a severe form of 
                                        trafficking in persons 
                                        described in section 103(9)(A) 
                                        of such Act (22 U.S.C. 
                                        7102(9)(A)); or
                                            ``(bb) is at risk of being 
                                        a victim of either kind of 
                                        trafficking; and
                                    ``(II) at the option of the State, 
                                any individual, without regard to 
                                whether the individual is or was in 
                                foster care under the responsibility of 
                                the State, who has not attained 26 
                                years of age; and
                            ``(ii) 2 years after such date of 
                        enactment, demonstrate to the Secretary that 
                        the State agency is implementing, in 
                        consultation with the child protective services 
                        agency or unit for the State, the policies and 
                        procedures referred to in clause (i).''.

SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF SEX TRAFFICKING.

    (a) State Plan Requirements.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(34) provides that, for each child over whom the State 
        agency has responsibility for placement, care, or supervision 
        (including any child for whom a State child welfare agency has 
        an open case file but who has not been removed from the home, 
        and any youth who is not in foster care but is receiving 
        services under section 477), the State agency shall--
                    ``(A) not later than 2 years after the date of the 
                enactment of this paragraph, identify and document 
                appropriately in agency records each child who is 
                identified as being a victim of sex trafficking (as 
                defined in section 103(10) of the Trafficking Victims 
                Protection Act of 2000) or as being a victim of severe 
                forms of trafficking in persons described in section 
                103(9)(A) of such Act, as such a victim; and
                    ``(B) report immediately, and in no case later than 
                24 hours after receiving--
                            ``(i) information on children who have been 
                        identified as being victims of sex trafficking 
                        (as defined in subparagraph (A) of this 
                        paragraph) to the law enforcement authorities; 
                        and
                            ``(ii) information on missing or abducted 
                        children to the law enforcement authorities for 
                        entry into the National Crime Information 
                        Center (NCIC) database of the Federal Bureau of 
                        Investigation, established pursuant to section 
                        534 of title 28, United States Code, and to the 
                        National Center for Missing and Exploited 
                        Children; and
            ``(35) not later than 2 years after the date of the 
        enactment of this paragraph, contains a regularly updated 
        description, made available to the public on the Internet 
        website of the State agency, of the specific measures taken by 
        the State agency to protect and provide services to children 
        who are victims of sex trafficking (as defined in section 
        103(10) of the Trafficking Victims Protection Act of 2000), or 
        victims of severe forms of trafficking in persons described in 
        section 103(9)(A) of such Act, including efforts to coordinate 
        with State and local law enforcement, schools, juvenile justice 
        agencies, and social service agencies such as runaway and 
        homeless youth shelters and transitional and other supportive 
        housing providers to serve that population.''.
    (b) Regulations.--The Secretary of Health and Human Services shall 
promulgate regulations implementing the amendments made by subsection 
(a) of this section and shall provide uniform definitions for States to 
use for the reports required under section 471(a)(34)(B) of the Social 
Security Act, as added by such subsection (a).

SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RESPOND TO CHILDREN WHO 
              RUN AWAY FROM FOSTER CARE.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 102 of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (34);
            (2) by striking the period at the end of paragraph (35) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(36) provides that, not later than 1 year after the date 
        of the enactment of this paragraph, the State shall develop and 
        implement specific protocols for--
                    ``(A) expeditiously locating any child missing from 
                foster care;
                    ``(B) determining the primary factors that 
                contributed to the child's running away or otherwise 
                being absent from care, and to the extent possible and 
                appropriate, responding to those factors in current and 
                subsequent placements;
                    ``(C) determining the child's experiences while 
                absent from care, including screening the child to 
                determine if he or she is a possible victim of sex 
                trafficking (as defined in paragraph (9)(C)); and
                    ``(D) reporting such related information as 
                required by the Secretary.''.

SEC. 104. INCREASING INFORMATION ON YOUTH IN FOSTER CARE TO PREVENT SEX 
              TRAFFICKING.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services shall submit to the Congress 
a written report which summarizes the following:
            (1) Information on children who run away from foster care 
        and their risk of becoming victims of sex trafficking, using 
        data reported by States under section 479 of the Social 
        Security Act and information collected by States related to 
        section 471(a)(36) of such Act, including--
                    (A) characteristics of children who run away from 
                foster care;
                    (B) potential factors associated with children 
                running away from foster care (such as reason for entry 
                into care, length of stay in care, type of placement, 
                and other factors that contributed to the child's 
                running away);
                    (C) information on children's experiences while 
                absent from care; and
                    (D) trends in the number of children reported as 
                runaways in each fiscal year (including factors that 
                may have contributed to changes in such trends).
            (2) Information on State efforts to provide specialized 
        services, foster family homes, or child care institutions for 
        children who are victims of sex trafficking.
            (3) Information on State efforts to ensure children in 
        foster care form and maintain long-lasting connections to 
        caring adults, even when a child in foster care must move to 
        another foster family home or when the child is placed under 
        the supervision of a new caseworker.

    TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND 
                         SUPPORTING PERMANENCY

SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE.

    (a) Reasonable and Prudent Parent Standard.--
            (1) Definitions relating to the standard.--Section 475 of 
        the Social Security Act (42 U.S.C. 675) is amended by adding at 
        the end the following:
            ``(9)(A) The term `reasonable and prudent parent standard' 
        means the standard characterized by careful and sensible 
        parental decisions that maintain the health, safety, and best 
        interests of a child while at the same time encouraging the 
        emotional and developmental growth of the child, that a 
        caregiver shall use when determining whether to allow a child 
        in foster care under the responsibility of the State to 
        participate in extracurricular, enrichment, cultural, and 
        social activities.
            ``(B) For purposes of subparagraph (A), the term 
        `caregiver' means a foster parent with whom a child in foster 
        care has been placed or a designated official for a child care 
        institution in which a child in foster care has been placed.
            ``(10) The term `age or developmentally-appropriate' 
        means--
                    ``(A) activities or items that are generally 
                accepted as suitable for children of the same 
                chronological age or level of maturity or that are 
                determined to be developmentally-appropriate for a 
                child, based on the development of cognitive, 
                emotional, physical, and behavioral capacities that are 
                typical for an age or age group; and
                    ``(B) in the case of a specific child, activities 
                or items that are suitable for the child based on the 
                developmental stages attained by the child with respect 
                to the cognitive, emotional, physical, and behavioral 
                capacities of the child.''.
            (2) State plan requirement.--Section 471(a)(24) of such Act 
        (42 U.S.C. 671(a)(24)) is amended--
                    (A) by striking ``include'' and inserting 
                ``includes'';
                    (B) by striking ``and that such preparation'' and 
                inserting ``that the preparation''; and
                    (C) by inserting ``, and that the preparation shall 
                include knowledge and skills relating to the reasonable 
                and prudent parent standard for the participation of 
                the child in age or developmentally-appropriate 
                activities, including knowledge and skills relating to 
                the developmental stages of the cognitive, emotional, 
                physical, and behavioral capacities of a child, and 
                knowledge and skills relating to applying the standard 
                to decisions such as whether to allow the child to 
                engage in social, extracurricular, enrichment, 
                cultural, and social activities, including sports, 
                field trips, and overnight activities lasting 1 or more 
                days, and to decisions involving the signing of 
                permission slips and arranging of transportation for 
                the child to and from extracurricular, enrichment, and 
                social activities'' before the semicolon.
            (3) Technical assistance.--The Secretary of Health and 
        Human Services shall provide assistance to the States on best 
        practices for devising strategies to assist foster parents in 
        applying a reasonable and prudent parent standard in a manner 
        that protects child safety, while also allowing children to 
        experience normal and beneficial activities, including methods 
        for appropriately considering the concerns of the biological 
        parents of a child in decisions related to participation of the 
        child in activities (with the understanding that those concerns 
        should not necessarily determine the participation of the child 
        in any activity).
    (b) Normalcy for Children in Child Care Institutions.--Section 
471(a)(10) of such Act (42 U.S.C. 671(a)(10)) is amended to read as 
follows:
            ``(10) provides--
                    ``(A) for the establishment or designation of a 
                State authority or authorities that shall be 
                responsible for establishing and maintaining standards 
                for foster family homes and child care institutions 
                which are reasonably in accord with recommended 
                standards of national organizations concerned with 
                standards for the institutions or homes, including 
                standards related to admission policies, safety, 
                sanitation, and protection of civil rights, and which 
                shall permit use of the reasonable and prudent 
                parenting standard;
                    ``(B) that the standards established pursuant to 
                subparagraph (A) shall be applied by the State to any 
                foster family home or child care institution receiving 
                funds under this part or part B and shall require, as a 
                condition of any contract entered into by the State 
                agency and a child care institution, the presence on-
                site of at least 1 official who, with respect to any 
                child placed at the child care institution, is 
                designated to be the caregiver who is authorized to 
                apply the reasonable and prudent parent standard to 
                decisions involving the participation of the child in 
                age or developmentally-appropriate activities, and who 
                is provided with training in how to use and apply the 
                reasonable and prudent parent standard in the same 
                manner as prospective foster parents are provided the 
                training pursuant to paragraph (24);
                    ``(C) that the standards established pursuant to 
                subparagraph (A) shall include policies related to the 
                liability of foster parents and private entities under 
                contract by the State involving the application of the 
                reasonable and prudent parent standard, to ensure 
                appropriate liability for caregivers when a child 
                participates in an approved activity and the caregiver 
                approving the activity acts in accordance with the 
                reasonable and prudent parent standard; and
                    ``(D) that a waiver of any standards established 
                pursuant to subparagraph (A) may be made only on a 
                case-by-case basis for nonsafety standards (as 
                determined by the State) in relative foster family 
                homes for specific children in care;''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date that is 1 year after the date of the 
        enactment of this Act, without regard to whether regulations to 
        implement the amendments have been promulgated by that date.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan developed pursuant to part E 
        of title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendments made by this section, 
        the plan shall not be regarded as failing to meet any of the 
        additional requirements before the 1st day of the 1st calendar 
        quarter beginning after the 1st regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. If the State has a 2-year legislative session, each year 
        of the session is deemed to be a separate regular session of 
        the State legislature.

SEC. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT 
              AS A PERMANENCY OPTION.

    (a) Elimination of the Option for Children Under Age 16.--
            (1) In general.--Section 475(5)(C)(i) of the Social 
        Security Act (42 U.S.C. 675(5)(C)(i)) is amended by inserting 
        ``only in the case of a child who has attained 16 years of 
        age'' before ``(in cases where''.
            (2) Conforming amendment.--Section 422(b)(8)(A)(iii)(II) of 
        such Act (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by 
        inserting ``, subject to the requirements of sections 475(5)(C) 
        and 475A(a)'' after ``arrangement''.
    (b) Additional Requirements.--
            (1) In general.--Part E of title IV of such Act (42 U.S.C. 
        670 et seq.) is amended by inserting after section 475 the 
        following:

``SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.

    ``(a) Requirements for Another Planned Permanent Living 
Arrangement.--In the case of any child for whom another planned 
permanent living arrangement is the permanency plan for the child, the 
following requirements shall apply for purposes of approving the case 
plan for the child and the case system review procedure for the child:
            ``(1) Documentation of intensive, ongoing, unsuccessful 
        efforts for family placement.--At each permanency hearing held 
        with respect to the child, the State agency documents the 
        intensive, ongoing, and, as of the date of the hearing, 
        unsuccessful efforts made by the State agency to return the 
        child home or secure a placement for the child with a fit and 
        willing relative (including adult siblings), a legal guardian, 
        or an adoptive parent, including through efforts that utilize 
        search technology (including social media) to find biological 
        family members for children in the child welfare system.
            ``(2) Redetermination of appropriateness of placement at 
        each permanency hearing.--The State agency shall implement 
        procedures to ensure that, at each permanency hearing held with 
        respect to the child, the court or administrative body 
        appointed or approved by the court conducting the hearing on 
        the permanency plan for the child does the following:
                    ``(A) Ask the child about the desired permanency 
                outcome for the child.
                    ``(B) Make a judicial determination explaining why, 
                as of the date of the hearing, another planned 
                permanent living arrangement is the best permanency 
                plan for the child and provide compelling reasons why 
                it continues to not be in the best interests of the 
                child to--
                            ``(i) return home;
                            ``(ii) be placed for adoption;
                            ``(iii) be placed with a legal guardian; or
                            ``(iv) be placed with a fit and willing 
                        relative.
            ``(3) Demonstration of support for engaging in age or 
        developmentally-appropriate activities and social events.--At 
        each permanency hearing held with respect to the child, the 
        State agency shall document the steps the State agency is 
        taking to ensure the child's foster family home or child care 
        institution is following the reasonable and prudent parent 
        standard.''.
            (2) Conforming amendments.--
                    (A) State plan requirements.--
                            (i) Part b.--Section 422(b)(8)(A)(ii) of 
                        such Act (42 U.S.C. 622(b)(8)(A)(ii)) is 
                        amended by inserting ``and in accordance with 
                        the requirements of section 475A'' after 
                        ``section 475(5)''.
                            (ii) Part e.--Section 471(a)(16) of such 
                        Act (42 U.S.C. 671(a)(16)) is amended--
                                    (I) by inserting ``and in 
                                accordance with the requirements of 
                                section 475A'' after ``section 
                                475(1)''; and
                                    (II) by striking ``section 
                                475(5)(B)'' and inserting ``sections 
                                475(5) and 475A''.
                    (B) Definitions.--Section 475 of such Act (42 
                U.S.C. 675) is amended--
                            (i) in paragraph (1), in the matter 
                        preceding subparagraph (A), by inserting 
                        ``meets the requirements of section 475A and'' 
                        after ``written document which''; and
                            (ii) in paragraph (5)(C)--
                                    (I) by inserting ``, as of the date 
                                of the hearing,'' after ``compelling 
                                reason for determining''; and
                                    (II) by inserting ``subject to 
                                section 475A(a),'' after ``another 
                                planned permanent living 
                                arrangement,''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date that is 1 year after the date of the 
        enactment of this Act.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan developed pursuant to part E 
        of title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendments made by this section, 
        the plan shall not be regarded as failing to meet any of the 
        additional requirements before the 1st day of the 1st calendar 
        quarter beginning after the 1st regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. If the State has a 2-year legislative session, each year 
        of the session is deemed to be a separate regular session of 
        the State legislature.

SEC. 203. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER IN THE DEVELOPMENT 
              OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A 
              SUCCESSFUL ADULTHOOD.

    (a) In General.--Section 475(1)(B) of the Social Security Act (42 
U.S.C. 675(1)(B)) is amended by adding at the end the following: ``With 
respect to a child who has attained 14 years of age, the plan developed 
for the child in accordance with this paragraph, and any revision or 
addition to the plan, shall be developed in consultation with the child 
and, at the option of the child, with up to 2 members of the case 
planning team who are chosen by the child and who are not a foster 
parent of, or caseworker for, the child. A State may reject an 
individual selected by a child to be a member of the case planning team 
at any time if the State has good cause to believe that the individual 
would not act in the best interests of the child. One individual 
selected by a child to be a member of the child's case planning team 
may be designated to be the child's advisor and, as necessary, 
advocate, with respect to the application of the reasonable and prudent 
parent standard to the child.''.
    (b) Conforming Amendments to Include Children 14 and Older in 
Transition Planning.--Section 475 of such Act (42 U.S.C. 675) is 
amended--
            (1) in paragraph (1)(D), by striking ``Where appropriate, 
        for a child age 16'' and inserting ``For a child who has 
        attained 14 years of age''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (C)--
                            (i) by striking ``and'' at the end of 
                        clause (ii); and
                            (ii) by adding at the end the following: 
                        ``and (iv) if a child has attained 14 years of 
                        age, the permanency plan developed for the 
                        child, and any revision or addition to the 
                        plan, shall be developed in consultation with 
                        the child and, at the option of the child, with 
                        not more than 2 members of the permanency 
                        planning team who are selected by the child and 
                        who are not a foster parent of, or caseworker 
                        for, the child, except that the State may 
                        reject an individual so selected by the child 
                        if the State has good cause to believe that the 
                        individual would not act in the best interests 
                        of the child, and 1 individual so selected by 
                        the child may be designated to be the child's 
                        advisor and, as necessary, advocate, with 
                        respect to the application of the reasonable 
                        and prudent standard to the child;''; and
                    (B) in subparagraph (I), by striking ``16'' and 
                inserting ``14''.
    (c) Transition Planning for a Successful Adulthood.--Paragraphs 
(1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 of such Act (42 
U.S.C. 675) are each amended by striking ``independent living'' and 
inserting ``a successful adulthood''.
    (d) List of Rights.--Section 475A of such Act, as added by section 
202(b)(1) of this Act, is amended by adding at the end the following:
    ``(b) List of Rights.--The case plan for any child in foster care 
under the responsibility of the State who has attained 14 years of age 
shall include a document that describes the rights of the child with 
respect to education, health, visitation, and court participation, and 
to staying safe and avoiding exploitation, and a signed acknowledgment 
by the child that the child has been provided with a copy of the 
document and that the rights contained in the document have been 
explained to the child in an age-appropriate way.''.
    (e) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall submit a 
report to Congress regarding the implementation of the amendments made 
by this section. The report shall include--
            (1) an analysis of how States are administering the 
        requirements of paragraphs (1)(B) and (5)(C) of section 475 of 
        the Social Security Act, as amended by subsections (a) and (b) 
        of this section, that a child in foster care who has attained 
        14 years of age be permitted to select up to 2 members of the 
        case planning team or permanency planning team for the child 
        from individuals who are not a foster parent of, or caseworker 
        for, the child; and
            (2) a description of best practices of States with respect 
        to the administration of the requirements.
    (f) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date that is 1 year after the date of the 
        enactment of this Act.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan developed pursuant to part E 
        of title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendments made by this section, 
        the plan shall not be regarded as failing to meet any of the 
        additional requirements before the 1st day of the 1st calendar 
        quarter beginning after the 1st regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. If the State has a 2-year legislative session, each year 
        of the session is deemed to be a separate regular session of 
        the State legislature.

    TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX 
                              TRAFFICKING

SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER 
              CARE ANALYSIS AND REPORTING SYSTEM.

    (a) In General.--Section 479(c)(3) of the Social Security Act (42 
U.S.C. 679(c)(3)) is amended--
            (1) in subparagraph (C)(iii), by striking ``and'' after the 
        comma; and
            (2) by adding at the end the following:
                    ``(E) the annual number of children in foster care 
                who are identified as victims of sex trafficking (as 
                defined in section 103(10) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7102(10))) or a 
                severe form of trafficking in persons described in 
                section 103(9)(A) of such Act--
                            ``(i) who were such victims before entering 
                        foster care; and
                            ``(ii) who were such victims while in 
                        foster care; and''.
    (b) Report to Congress.--Beginning in fiscal year 2016, the 
Secretary of Health and Human Services shall submit an annual report to 
Congress that contains the annual aggregate number of children in 
foster care who are identified as victims of sex trafficking (as 
defined in section 103(10) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102(10))) or a severe form of trafficking in persons 
described in section 103(9)(A) of such Act, together with such other 
information as the Secretary determines appropriate relating to the 
identification of, and provision of services for, that population of 
children.

SEC. 302. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS 
              USING AFCARS DATA; CONSULTATION.

    Section 479A of the Social Security Act (42 U.S.C. 679b) is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary'';
            (2) in paragraph (5), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (6)(C), by striking the period at the end 
        and inserting a semicolon;
            (4) by adding at the end the following:
            ``(7) include in the report submitted pursuant to paragraph 
        (5) for fiscal year 2016 or any succeeding fiscal year, State-
        by-State data on children in foster care who have been placed 
        in a child care institution or other setting that is not a 
        foster family home, including--
                    ``(A) the number of children in the placements and 
                their ages, including separately, the number and ages 
                of children who have a permanency plan of another 
                planned permanent living arrangement;
                    ``(B) the duration of the placement in the settings 
                (including for children who have a permanency plan of 
                another planned permanent living arrangement);
                    ``(C) the types of child care institutions used 
                (including group homes, residential treatment, 
                shelters, or other congregate care settings);
                    ``(D) with respect to each child care institution 
                or other setting that is not a foster family home, the 
                number of children in foster care residing in each such 
                institution or non-foster family home;
                    ``(E) any clinically diagnosed special need of such 
                children; and
                    ``(F) the extent of any specialized education, 
                treatment, counseling, or other services provided in 
                the settings; and
            ``(8) include in the report submitted pursuant to paragraph 
        (5) for fiscal year 2016 or any succeeding fiscal year, State-
        by-State data on children in foster care who are pregnant or 
        parenting.''; and
            (5) by adding at the end the following:
    ``(b) Consultation on Other Issues.--The Secretary shall consult 
with States and organizations with an interest in child welfare, 
including organizations that provide adoption and foster care services, 
and shall take into account requests from Members of Congress, in 
selecting other issues to be analyzed and reported on under this 
section using data available to the Secretary, including data reported 
by States through the Adoption and Foster Care Analysis and Reporting 
System and to the National Youth in Transition Database.''.
                                                 Union Calendar No. 328

113th CONGRESS

  2d Session

                               H. R. 4058

                          [Report No. 113-441]

_______________________________________________________________________

                                 A BILL

    To prevent and address sex trafficking of youth in foster care.

_______________________________________________________________________

                              May 7, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```