I 

113TH CONGRESS 

2D SESSION H. R. 4058 

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 

A BILL 

To prevent and address sex trafficking of youth 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 ‘‘Preventing Sex Traf5 ficking and Improving Opportunities for Youth in Foster 

6 Care Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. 

Sec. 204. Ensuring foster youth have a birth certificate, Social Security card, 

health insurance information, medical records, and a bank account. 

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. 

1 SEC. 3. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) Recent reports on sex trafficking estimate 

4 that thousands of children are at risk for domestic 

5 sex trafficking. 

6 (2) The risk is compounded every year for the 

7 up to 30,000 young people who are ‘‘emancipated’’ 

8 from foster care. 

9 (3) The current child welfare system does not 

10 effectively identify, prevent, or intervene when a 

11 child presents as trafficked or at risk for trafficking. 


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1 (4) Within the foster care system, many young 

2 adults are housed in congregate care facilities or 

3 group homes, which often are targeted by traf4 fickers. 

5 (5) Within the foster care system, children are 

6 routinely denied the opportunity to participate in 

7 normal, age or developmentally-appropriate activities 

8 such as joining 4–H and other clubs, participating 

9 in school plays, playing sports, going to camp, and 

10 visiting a friend. 

11 (6) A lack of normalcy and barriers to partici12 pation in age or developmentally-appropriate activi13 ties contribute to increased vulnerability to traf14 ficking, homelessness, and other negative outcomes 

15 for children in foster care. 

16 (7) The latest research in adolescent brain de17 velopment indicates that young people learn through 

18 experience and through trial and error, and that as 

19 part of healthy brain development young people need 

20 to take on increasing levels of decisionmaking 

21 through their teenage years. 

22 (8) In order to combat domestic sex trafficking 

23 and to improve outcomes for children in foster care, 

24 systemic changes need to be made to the child wel25 fare system that focus on— 


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1 (A) the reduction of children in long-term 

2 foster care; 

3 (B) greater child engagement in case plan4 ning while in foster care; 

5 (C) improved efforts to locate and respond 

6 to children who have run away from foster care 

7 and to reduce the number of foster children 

8 who are on the run; 

9 (D) improved policies and procedures that 

10 encourage age or developmentally-appropriate 

11 activities for children in foster care and that 

12 permit more opportunities for such children to 

13 make meaningful and permanent connections 

14 with caring adults; and 

15 (E) with regard to domestic sex traf16 ficking, improved identification, prevention, and 

17 intervention by the child welfare agency in col18 laboration with the courts, local law enforce19 ment agencies, schools, juvenile justice agencies, 

20 and other social service providers. 


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1 TITLE I—IDENTIFYING AND PRO2 TECTING YOUTH AT RISK OF 

3 SEX TRAFFICKING 

4 SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK 

5 OF SEX TRAFFICKING. 

6 Section 471(a)(9) of the Social Security Act (42 

7 U.S.C. 671(a)(9)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘and’’; 

9 (2) in subparagraph (B), by inserting ‘‘and’’ 

10 after the semicolon; and 

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

12 ‘‘(C) not later than— 

13 ‘‘(i) 1 year after the date of the enact14 ment of this subparagraph, demonstrate to 

15 the Secretary that the State agency has 

16 developed, in consultation with organiza17 tions with experience in dealing with at18 risk youth, policies and procedures for 

19 identifying and screening (including rel20 evant training for caseworkers), and for 

21 determining appropriate State action and 

22 services with respect to— 

23 ‘‘(I) any child over whom the 

24 State agency has responsibility for 

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1 cluding children for whom a State 

2 child welfare agency has an open case 

3 file but who have not been removed 

4 from the home and youth who are not 

5 in foster care but are receiving serv6 ices under section 477 of this Act) 

7 who the State has reasonable cause to 

8 believe— 

9 ‘‘(aa) is a victim of sex traf10 ficking (as defined in section 

11 103(10) of the Trafficking Vic12 tims Protection Act of 2000 (22 

13 U.S.C. 7102(10))) or a severe 

14 form of trafficking in persons de15 scribed in section 103(9)(A) of 

16 such Act (22 U.S.C. 

17 7102(9)(A)); or 

18 ‘‘(bb) is at risk of being a 

19 victim of either kind of traf20 ficking; and 

21 ‘‘(II) at the option of the State, 

22 any individual, without regard to 

23 whether the individual is or was in 

24 foster care under the responsibility of 


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1 the State, who has not attained 26 

2 years of age; and 

3 ‘‘(ii) 2 years after such date of enact4 ment, demonstrate to the Secretary that 

5 the State agency is implementing, in con6 sultation with the child protective services 

7 agency or unit for the State, the policies 

8 and procedures referred to in clause (i).’’. 

9 SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF 

10 SEX TRAFFICKING. 

11 (a) STATE PLAN REQUIREMENTS.—Section 471(a) 

12 of the Social Security Act (42 U.S.C. 671(a)) is amend13 ed— 

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

15 (32); 

16 (2) by striking the period at the end of para17 graph (33) and inserting a semicolon; and 

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

19 ‘‘(34) provides that, for each child over whom 

20 the State agency has responsibility for placement, 

21 care, or supervision (including any child for whom a 

22 State child welfare agency has an open case file but 

23 who has not been removed from the home, and any 

24 child who is not in foster care but is receiving serv25 ices under section 477), the State agency shall— 


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1 ‘‘(A) not later than 2 years after the date 

2 of the enactment of this paragraph, identify 

3 and document appropriately in agency records 

4 each child who is identified as being a victim of 

5 sex trafficking (as defined in section 103(10) of 

6 the Trafficking Victims Protection Act of 2000) 

7 or as being a victim of severe forms of traf8 ficking in persons described in section 

9 103(9)(A) of such Act, as such a victim; and 

10 ‘‘(B) report immediately, and in no case 

11 later than 24 hours after receiving— 

12 ‘‘(i) information on children who have 

13 been identified as being victims of sex traf14 ficking (as defined in subparagraph (A) of 

15 this paragraph) to the law enforcement au16 thorities; and 

17 ‘‘(ii) information on missing or ab18 ducted children to the law enforcement au19 thorities for entry into the National Crime 

20 Information Center (NCIC) database of 

21 the Federal Bureau of Investigation, estab22 lished pursuant to section 534 of title 28, 

23 United States Code, and to the National 

24 Center for Missing and Exploited Children; 

25 and 


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1 ‘‘(35) not later than 2 years after the date of 

2 the enactment of this paragraph, contains a regu3 larly updated description, made available to the pub4 lic on the Internet website of the State agency, of 

5 the specific measures taken by the State agency to 

6 protect and provide services to children who are vic7 tims of sex trafficking (as defined in section 103(10) 

8 of the Trafficking Victims Protection Act of 2000), 

9 or victims of severe forms of trafficking in persons 

10 described in section 103(9)(A) of such Act, including 

11 efforts to coordinate with State law enforcement, 

12 schools, juvenile justice agencies, and social service 

13 agencies such as runaway and homeless youth shel14 ters and transitional and other supportive housing 

15 providers to serve that population.’’. 

16 (b) REGULATIONS.—The Secretary of Health and 

17 Human Services shall promulgate regulations imple18 menting the amendments made by subsection (a) of this 

19 section and shall provide uniform definitions for States to 

20 use for the reports required under section 471(a)(34)(B) 

21 of the Social Security Act, as added by such subsection 

22 (a). 


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1 SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RE2 SPOND TO CHILDREN WHO RUN AWAY FROM 

3 FOSTER CARE. 

4 Section 471(a) of the Social Security Act (42 U.S.C. 

5 671(a)), as amended by section 102 of this Act, is amend6 ed— 

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

8 (34); 

9 (2) by striking the period at the end of para10 graph (35) and inserting ‘‘; and’’; and 

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

12 ‘‘(36) provides that, not later than 1 year after 

13 the date of the enactment of this paragraph, the 

14 State shall develop and implement specific protocols 

15 for— 

16 ‘‘(A) expeditiously locating any child miss17 ing from foster care; 

18 ‘‘(B) determining the primary factors that 

19 contributed to the child’s running away or oth20 erwise being absent from care, and to the ex21 tent possible and appropriate, responding to 

22 those factors in current and subsequent place23 ments; 

24 ‘‘(C) determining the child’s experiences 

25 while absent from care, including screening the 

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1 tim of sex trafficking (as defined in paragraph 

2 (9)(C)); and 

3 ‘‘(D) reporting such related information as 

4 required by the Secretary.’’. 

5 SEC. 104. INCREASING INFORMATION ON YOUTH IN FOS6 TER CARE TO PREVENT SEX TRAFFICKING. 

7 Not later than 2 years after the date of the enact8 ment of this Act, the Secretary of Health and Human 

9 Services shall submit to the Congress a written report 

10 which summarizes the following: 

11 (1) Information on children who run away from 

12 foster care and their risk of becoming victims of sex 

13 trafficking, using data reported by States under sec14 tion 479 of the Social Security Act and information 

15 collected by States related to section 471(a)(36) of 

16 such Act, including— 

17 (A) characteristics of children who run 

18 away from foster care; 

19 (B) potential factors associated with chil20 dren running away from foster care (such as 

21 reason for entry into care, length of stay in 

22 care, type of placement, and other factors that 

23 contributed to the child’s running away); 

24 (C) information on children’s experiences 

25 while absent from care; and 


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1 (D) trends in the number of children re2 ported as runaways in each fiscal year (includ3 ing factors that may have contributed to 

4 changes in such trends). 

5 (2) Information on State efforts to provide spe6 cialized services, foster family homes, or child care 

7 institutions for children who are victims of sex traf8 ficking. 

9 (3) Information on State efforts to ensure chil10 dren in foster care form and maintain long-lasting 

11 connections to caring adults, even when a child in 

12 foster care must move to another foster family home 

13 or when the child is placed under the supervision of 

14 a new caseworker. 

15 TITLE II—IMPROVING OPPORTU16 NITIES FOR YOUTH IN FOS17 TER CARE AND SUPPORTING 

18 PERMANENCY 

19 SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOS20 TER CARE. 

21 (a) REASONABLE AND PRUDENT PARENT STAND22 ARD.— 

23 (1) DEFINITIONS RELATING TO THE STAND24 ARD.—Section 475 of the Social Security Act (42 


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

2 following: 

3 ‘‘(9)(A) The term ‘reasonable and prudent par4 ent standard’ means the standard characterized by 

5 careful and sensible parental decisions that maintain 

6 the health, safety, and best interests of a child while 

7 at the same time encouraging the emotional and de8 velopmental growth of the child, that a caregiver 

9 shall use when determining whether to allow a child 

10 in foster care under the responsibility of the State 

11 to participate in extracurricular, enrichment, cul12 tural, and social activities. 

13 ‘‘(B) For purposes of subparagraph (A), the 

14 term ‘caregiver’ means a foster parent with whom a 

15 child in foster care has been placed or a designated 

16 official for a child care institution in which a child 

17 in foster care has been placed. 

18 ‘‘(10) The term ‘age or developmentally-appro19 priate’ means— 

20 ‘‘(A) activities or items that are generally 

21 accepted as suitable for children of the same 

22 chronological age or level of maturity or that 

23 are determined to be developmentally-appro24 priate for a child, based on the development of 

25 cognitive, emotional, physical, and behavioral 


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1 capacities that are typical for an age or age 

2 group; and 

3 ‘‘(B) in the case of a specific child, activi4 ties or items that are suitable for the child 

5 based on the developmental stages attained by 

6 the child with respect to the cognitive, emo7 tional, physical, and behavioral capacities of the 

8 child.’’. 

9 (2) STATE PLAN REQUIREMENT.—Section 

10 471(a)(24) of such Act (42 U.S.C. 671(a)(24)) is 

11 amended— 

12 (A) by striking ‘‘include’’ and inserting 

13 ‘‘includes’’; 

14 (B) by striking ‘‘and that such prepara15 tion’’ and inserting ‘‘that the preparation’’; and 

16 (C) by inserting ‘‘, and that the prepara17 tion shall include knowledge and skills relating 

18 to the reasonable and prudent parent standard 

19 for the participation of the child in age or de20 velopmentally-appropriate activities, including 

21 knowledge and skills relating to the develop22 mental stages of the cognitive, emotional, phys23 ical, and behavioral capacities of a child, and 

24 knowledge and skills relating to applying the 

25 standard to decisions such as whether to allow 


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1 the child to engage in social, extracurricular, 

2 enrichment, cultural, and social activities, in3 cluding sports, field trips, and overnight activi4 ties lasting 1 or more days, and to decisions in5 volving the signing of permission slips and ar6 ranging of transportation for the child to and 

7 from extracurricular, enrichment, and social ac8 tivities’’ before the semicolon. 

9 (3) TECHNICAL ASSISTANCE.—The Secretary of 

10 Health and Human Services shall provide assistance 

11 to the States on best practices for devising strategies 

12 to assist foster parents in applying a reasonable and 

13 prudent parent standard in a manner that protects 

14 child safety, while also allowing children to experi15 ence normal and beneficial activities, including meth16 ods for appropriately considering the concerns of the 

17 biological parents of a child in decisions related to 

18 participation of the child in activities (with the un19 derstanding that those concerns should not nec20 essarily determine the participation of the child in 

21 any activity). 

22 (b) NORMALCY FOR CHILDREN IN CHILD CARE IN23 STITUTIONS.—Section 471(a)(10) of such Act (42 U.S.C. 

24 671(a)(10)) is amended to read as follows: 

25 ‘‘(10) provides— 


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1 ‘‘(A) for the establishment or designation 

2 of a State authority or authorities that shall be 

3 responsible for establishing and maintaining 

4 standards for foster family homes and child 

5 care institutions which are reasonably in accord 

6 with recommended standards of national orga7 nizations concerned with standards for the in8 stitutions or homes, including standards related 

9 to admission policies, safety, sanitation, and 

10 protection of civil rights, and which shall permit 

11 use of the reasonable and prudent parenting 

12 standard; 

13 ‘‘(B) that the standards established pursu14 ant to subparagraph (A) shall be applied by the 

15 State to any foster family home or child care 

16 institution receiving funds under this part or 

17 part B and shall require, as a condition of any 

18 contract entered into by the State agency and 

19 a child care institution, the presence on-site of 

20 at least 1 official who, with respect to any child 

21 placed at the child care institution, is des22 ignated to be the caregiver who is authorized to 

23 apply the reasonable and prudent parent stand24 ard to decisions involving the access of the child 

25 to age or developmentally-appropriate items and 


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1 participation in age or developmentally-appro2 priate activities, and who is provided with train3 ing in how to use and apply the reasonable and 

4 prudent parent standard in the same manner as 

5 prospective foster parents are provided the 

6 training pursuant to paragraph (24); 

7 ‘‘(C) that the standards established pursu8 ant to subparagraph (A) shall include policies 

9 related to the liability of foster parents and pri10 vate entities under contract by the State involv11 ing the application of the reasonable and pru12 dent parent standard, to ensure appropriate li13 ability for caregivers when a child participates 

14 in an approved activity and the caregiver ap15 proving the activity acts in accordance with the 

16 reasonable and prudent parent standard; and 

17 ‘‘(D) that a waiver of any standards estab18 lished pursuant to subparagraph (A) may be 

19 made only on a case-by-case basis for nonsafety 

20 standards (as determined by the State) in rel21 ative foster family homes for specific children in 

22 care;’’. 

23 (c) EFFECTIVE DATE.— 

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

25 this section shall take effect on the date that is 1 


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1 year after the date of the enactment of this Act, 

2 without regard to whether regulations to implement 

3 the amendments have been promulgated by that 

4 date. 

5 (2) DELAY PERMITTED IF STATE LEGISLATION

6 REQUIRED.—If the Secretary of Health and Human 

7 Services determines that State legislation (other 

8 than legislation appropriating funds) is required in 

9 order for a State plan developed pursuant to part E 

10 of title IV of the Social Security Act to meet the ad11 ditional requirements imposed by the amendments 

12 made by this section, the plan shall not be regarded 

13 as failing to meet any of the additional requirements 

14 before the 1st day of the 1st calendar quarter begin15 ning after the 1st regular session of the State legis16 lature that begins after the date of the enactment of 

17 this Act. If the State has a 2-year legislative session, 

18 each year of the session is deemed to be a separate 

19 regular session of the State legislature. 

20 SEC. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMA21 NENT LIVING ARRANGEMENT AS A PERMA22 NENCY OPTION. 

23 (a) ELIMINATION OF THE OPTION FOR CHILDREN

24 UNDER AGE 16.— 


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1 (1) IN GENERAL.—Section 475(5)(C)(i) of the 

2 Social Security Act (42 U.S.C. 675(5)(C)(i)) is 

3 amended by inserting ‘‘only in the case of a child 

4 who has attained 16 years of age’’ before ‘‘(in cases 

5 where’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 

8 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, 

9 subject to the requirements of paragraphs (5)(C) 

10 and (10) of section 475’’ after ‘‘arrangement’’. 

11 (b) ADDITIONAL REQUIREMENTS.— 

12 (1) IN GENERAL.—Part E of title IV of such 

13 Act (42 U.S.C. 670 et seq.) is amended by inserting 

14 after section 475 the following: 

15 ‘‘SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW 

16 SYSTEM REQUIREMENTS. 

17 ‘‘(a) REQUIREMENTS FOR ANOTHER PLANNED PER18 MANENT LIVING ARRANGEMENT.—In the case of any 

19 child for whom another planned permanent living arrange20 ment is the permanency plan for the child, the following 

21 requirements shall apply for purposes of approving the 

22 case plan for the child and the case system review proce23 dure for the child: 

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1 MENT.—At each permanency hearing held with re2 spect to the child, the State agency documents the 

3 intensive, ongoing, and, as of the date of the hear4 ing, unsuccessful efforts made by the State agency 

5 to return the child home or secure a placement for 

6 the child with a fit and willing relative (including 

7 adult siblings), a legal guardian, or an adoptive par8 ent, including through efforts that utilize search 

9 technology (including social media) to find biological 

10 family members for children in the child welfare sys11 tem. 

12 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

13 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

14 The State agency shall implement procedures to en15 sure that, at each permanency hearing held with re16 spect to the child, the court or administrative body 

17 appointed or approved by the court conducting the 

18 hearing on the permanency plan for the child does 

19 the following: 

20 ‘‘(A) Ask the child about the desired place21 ment of the child. 

22 ‘‘(B) Make a judicial determination ex23 plaining why, as of the date of the hearing, an24 other planned permanent living arrangement is 

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1 vide compelling reasons why it continues to not 

2 be in the best interests of the child to— 

3 ‘‘(i) return home; 

4 ‘‘(ii) be placed for adoption; 

5 ‘‘(iii) be placed with a legal guardian; 

6 or 

7 ‘‘(iv) be placed with a fit and willing 

8 relative. 

9 ‘‘(3) DEMONSTRATION OF SUPPORT FOR EN10 GAGING IN AGE OR DEVELOPMENTALLY-APPRO11 PRIATE ACTIVITIES AND SOCIAL EVENTS.—At each 

12 permanency hearing held with respect to the child, 

13 the State agency shall document the steps the State 

14 agency is taking to ensure the child’s foster family 

15 home or child care institution is following the rea16 sonable and prudent parent standard specified in 

17 paragraphs (10) and (24) of section 471(a).’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) STATE PLAN REQUIREMENTS.— 

20 (i) PART B.—Section 422(b)(8)(A)(ii) 

21 of such Act (42 U.S.C. 622(b)(8)(A)(ii)) is 

22 amended by inserting ‘‘and in accordance 

23 with the requirements of section 475A’’ 

24 after ‘‘section 475(5)’’. 


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1 (ii) PART E.—Section 471(a)(16) of 

2 such Act (42 U.S.C. 671(a)(16)) is amend3 ed— 

4 (I) by inserting ‘‘and in accord5 ance with the requirements of section 

6 475A’’ after ‘‘section 475(1)’’; and 

7 (II) by striking ‘‘section 

8 475(5)(B)’’ and inserting ‘‘sections 

9 475(5) and 475A’’. 

10 (B) DEFINITIONS.—Section 475 of such 

11 Act (42 U.S.C. 675) is amended— 

12 (i) in paragraph (1), in the matter 

13 preceding subparagraph (A), by inserting 

14 ‘‘meets the requirements of section 475A 

15 and’’ after ‘‘written document which’’; and 

16 (ii) in paragraph (5)(C)— 

17 (I) by inserting ‘‘, as of the date 

18 of the hearing,’’ after ‘‘compelling rea19 son for determining’’; and 

20 (II) by inserting ‘‘subject to sec21 tion 475A(a),’’ after ‘‘another planned 

22 permanent living arrangement,’’. 

23 (c) EFFECTIVE DATE.— 


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

2 this section shall take effect on the date that is 1 

3 year after the date of the enactment of this Act. 

4 (2) DELAY PERMITTED IF STATE LEGISLATION

5 REQUIRED.—If the Secretary of Health and Human 

6 Services determines that State legislation (other 

7 than legislation appropriating funds) is required in 

8 order for a State plan developed pursuant to part E 

9 of title IV of the Social Security Act to meet the ad10 ditional requirements imposed by the amendments 

11 made by this section, the plan shall not be regarded 

12 as failing to meet any of the additional requirements 

13 before the 1st day of the 1st calendar quarter begin14 ning after the 1st regular session of the State legis15 lature that begins after the date of the enactment of 

16 this Act. If the State has a 2-year legislative session, 

17 each year of the session is deemed to be a separate 

18 regular session of the State legislature. 

19 SEC. 203. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER 

20 IN THE DEVELOPMENT OF THEIR OWN CASE 

21 PLAN AND TRANSITION PLANNING FOR A 

22 SUCCESSFUL ADULTHOOD. 

23 (a) IN GENERAL.—Section 475(1)(B) of the Social 

24 Security Act (42 U.S.C. 675(1)(B)) is amended by adding 

25 at the end the following: ‘‘With respect to a child who has 


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1 attained 14 years of age, the plan developed for the child 

2 in accordance with this paragraph, and any revision or ad3 dition to the plan, shall be developed in consultation with 

4 the child and, at the option of the child, with up to 2 mem5 bers of the case planning team who are chosen by the child 

6 and who are not a foster parent of, or caseworker for, the 

7 child. A State may reject an individual selected by a child 

8 to be a member of the case planning team at any time 

9 if the State has good cause to believe that the individual 

10 would not act in the best interests of the child. One indi11 vidual selected by a child to be a member of the child’s 

12 case planning team may be designated to be the child’s 

13 advisor and, as necessary, advocate, with respect to the 

14 application of the reasonable and prudent parent standard 

15 to the child.’’. 

16 (b) CONFORMING AMENDMENTS TO INCLUDE CHIL17 DREN 14 AND OLDER IN TRANSITION PLANNING.—Sec18 tion 475 of such Act (42 U.S.C. 675) is amended— 

19 (1) in paragraph (1)(D), by striking ‘‘Where 

20 appropriate, for a child age 16’’ and inserting ‘‘For 

21 a child who has attained 14 years of age’’; and 

22 (2) in paragraph (5)— 

23 (A) in subparagraph (C)— 

24 (i) by striking ‘‘and’’ at the end of 

25 clause (ii); and 


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1 (ii) by adding at the end the fol2 lowing: ‘‘and (iv) if a child has attained 14 

3 years of age, the permanency plan devel4 oped for the child, and any revision or ad5 dition to the plan, shall be developed in 

6 consultation with the child and, at the op7 tion of the child, with not more than 2 

8 members of the permanency planning team 

9 who are selected by the child and who are 

10 not a foster parent of, or caseworker for, 

11 the child, except that the State may reject 

12 an individual so selected by the child if the 

13 State has good cause to believe that the in14 dividual would not act in the best interests 

15 of the child, and 1 individual so selected by 

16 the child may be designated to be the 

17 child’s advisor and, as necessary, advocate, 

18 with respect to the application of the rea19 sonable and prudent standard to the 

20 child;’’; and 

21 (B) in subparagraph (I), by striking ‘‘16’’ 

22 and inserting ‘‘14’’. 

23 (c) TRANSITION PLANNING FOR A SUCCESSFUL

24 ADULTHOOD.—Paragraphs (1)(D), (5)(C)(i), and 

25 (5)(C)(iii) of section 475 of such Act (42 U.S.C. 675) are 


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1 each amended by striking ‘‘independent living’’ and insert2 ing ‘‘a successful adulthood’’. 

3 (d) LIST OF RIGHTS.—Section 475A of such Act, as 

4 added by section 202(b)(1) of this Act, is amended by add5 ing at the end the following: 

6 ‘‘(b) LIST OF RIGHTS.—The case plan for any child 

7 in foster care under the responsibility of the State who 

8 has attained 14 years of age shall include a document that 

9 describes the rights of the child with respect to education, 

10 health, visitation, and court participation, and to staying 

11 safe and avoiding exploitation, and a signed acknowledg12 ment by the child that the child has been provided with 

13 a copy of the document and that the rights contained in 

14 the document have been explained to the child in an age15 appropriate way.’’. 

16 (e) REPORT.—Not later than 2 years after the date 

17 of the enactment of this Act, the Secretary of Health and 

18 Human Services shall submit a report to Congress regard19 ing the implementation of the amendments made by this 

20 section. The report shall include— 

21 (1) an analysis of how States are administering 

22 the requirements of paragraphs (1)(B) and (5)(C) of 

23 section 475 of the Social Security Act, as amended 

24 by subsection (a) of this section, that a child in fos25 ter care who has attained 14 years of age be perVerDate Mar 15 2010 21:43 Feb 18, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.IH H4058

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1 mitted to select up to 2 members of the case plan2 ning team or permanency planning team for the 

3 child from individuals who are not a foster parent 

4 of, or caseworker for, the child; and 

5 (2) a description of best practices of States with 

6 respect to the administration of the requirement. 

7 (f) EFFECTIVE DATE.— 

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

9 this section shall take effect on the date that is 1 

10 year after the date of the enactment of this Act. 

11 (2) DELAY PERMITTED IF STATE LEGISLATION

12 REQUIRED.—If the Secretary of Health and Human 

13 Services determines that State legislation (other 

14 than legislation appropriating funds) is required in 

15 order for a State plan developed pursuant to part E 

16 of title IV of the Social Security Act to meet the ad17 ditional requirements imposed by the amendments 

18 made by this section, the plan shall not be regarded 

19 as failing to meet any of the additional requirements 

20 before the 1st day of the 1st calendar quarter begin21 ning after the 1st regular session of the State legis22 lature that begins after the date of the enactment of 

23 this Act. If the State has a 2-year legislative session, 

24 each year of the session is deemed to be a separate 

25 regular session of the State legislature. 


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1 SEC. 204. ENSURING FOSTER YOUTH HAVE A BIRTH CER2 TIFICATE, SOCIAL SECURITY CARD, HEALTH 

3 INSURANCE INFORMATION, MEDICAL 

4 RECORDS, AND A BANK ACCOUNT. 

5 (a) CASE REVIEW SYSTEM REQUIREMENT.—Section 

6 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) 

7 is amended— 

8 (1) by striking ‘‘and receives assistance’’ and 

9 inserting ‘‘receives assistance’’; and 

10 (2) by inserting ‘‘, and, unless the child has 

11 been in foster care for less than 6 months or the 

12 child is being discharged from care to return to live 

13 with the family of the child or to be adopted, is not 

14 discharged from care without being provided with an 

15 official birth certificate of the child, a social security 

16 card issued by the Commissioner of Social Security, 

17 health insurance information and medical records, 

18 and if the child has attained 18 years of age, a fee19 free (or low-fee) transaction account (as defined in 

20 section 19(b)(1)(C) of the Federal Reserve Act (12 

21 U.S.C. 461(b)(1)(C))) established in the name of the 

22 child name at an insured depository institution (as 

23 defined in section 3 of the Federal Deposit Insur24 ance Act (12 U.S.C. 1813)) or an insured credit 

25 union (as defined in section 101 of the Federal 

26 Credit Union Act (12 U.S.C. 1752)), unless the 


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1 child, after consultation with the members of the 

2 case planning team for the child selected by the child 

3 (if any), elects to not have such an account estab4 lished’’ before the period. 

5 (b) EFFECTIVE DATE.— 

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

7 this section shall take effect 1 year after the date of 

8 enactment of this Act. 

9 (2) DELAY PERMITTED IF STATE LEGISLATION

10 REQUIRED.—If the Secretary of Health and Human 

11 Services determines that State legislation (other 

12 than legislation appropriating funds) is required in 

13 order for a State plan developed pursuant to part E 

14 of title IV of the Social Security Act to meet the ad15 ditional requirements imposed by the amendments 

16 made by this section, the plan shall not be regarded 

17 as failing to meet any of the additional requirements 

18 before the 1st day of the 1st calendar quarter begin19 ning after the 1st regular session of the State legis20 lature that begins after the date of the enactment of 

21 this Act. If the State has a 2-year legislative session, 

22 each year of the session is deemed to be a separate 

23 regular session of the State legislature. 


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1 TITLE III—IMPROVING DATA 

2 COLLECTION AND REPORT3 ING ON CHILD SEX TRAF4 FICKING 

5 SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE 

6 ADOPTION AND FOSTER CARE ANALYSIS AND 

7 REPORTING SYSTEM. 

8 (a) IN GENERAL.—Section 479(c)(3) of the Social 

9 Security Act (42 U.S.C. 679(c)(3)) is amended— 

10 (1) in subparagraph (C)(iii), by striking ‘‘and’’ 

11 after the comma; and 

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

13 ‘‘(E) the annual aggregate number of chil14 dren in foster care who are identified as victims 

15 of sex trafficking (as defined in section 103(10) 

16 of the Trafficking Victims Protection Act of 

17 2000 (22 U.S.C. 7102(10))) or a severe form of 

18 trafficking in persons described in section 

19 103(9)(A) of such Act— 

20 ‘‘(i) before entering foster care; and 

21 ‘‘(ii) while in foster care; and’’. 

22 (b) REPORT TO CONGRESS.—Beginning in fiscal year 

23 2016, the Secretary of Health and Human Services shall 

24 submit an annual report to Congress that contains the an25 nual aggregate number of children in foster care who are 


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1 identified as victims of sex trafficking (as defined in sec2 tion 103(10) of the Trafficking Victims Protection Act of 

3 2000 (22 U.S.C. 7102(10))) or a severe form of traf4 ficking in persons described in section 103(9)(A) of such 

5 Act, together with such other information as the Secretary 

6 determines appropriate relating to the identification of, 

7 and provision of services for, that population of children. 

8 SEC. 302. INFORMATION ON CHILDREN IN FOSTER CARE IN 

9 ANNUAL REPORTS USING AFCARS DATA; CON10 SULTATION. 

11 Section 479A of the Social Security Act (42 U.S.C. 

12 679b) is amended— 

13 (1) by striking ‘‘The Secretary’’ and inserting 

14 the following: 

15 ‘‘(a) IN GENERAL.—The Secretary’’; 

16 (2) in paragraph (5), by striking ‘‘and’’ after 

17 the semicolon; 

18 (3) in paragraph (6)(C), by striking the period 

19 at the end and inserting a semicolon; 

20 (4) by adding at the end the following: 

21 ‘‘(7) include in the report submitted pursuant 

22 to paragraph (5) for fiscal year 2016 or any suc23 ceeding fiscal year, State-by-State data on children 

24 in foster care who have been placed in a child care 


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1 institution or other setting that is not a foster fam2 ily home, including— 

3 ‘‘(A) the number of children in the place4 ments and their ages, including separately, the 

5 number and ages of children who have a perma6 nency plan of another planned permanent living 

7 arrangement; 

8 ‘‘(B) the duration of the placement in the 

9 settings (including for children who have a per10 manency plan of another planned permanent 

11 living arrangement); 

12 ‘‘(C) the types of child care institutions 

13 used (including group homes, residential treat14 ment, shelters, or other congregate care set15 tings); 

16 ‘‘(D) with respect to each child care insti17 tution or other setting that is not a foster fam18 ily home, the number of children in foster care 

19 residing in each such institution or non-foster 

20 family home; 

21 ‘‘(E) any clinically diagnosed special need 

22 of such children; and 

23 ‘‘(F) the extent of any specialized edu24 cation, treatment, counseling, or other services 

25 provided in the settings; and 


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1 ‘‘(8) include in the report submitted pursuant 

2 to paragraph (5) for fiscal year 2016 or any suc3 ceeding fiscal year, State-by-State data on children 

4 in foster care who are pregnant or parenting.’’; and 

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

6 ‘‘(b) CONSULTATION ON OTHER ISSUES.—The Sec7 retary shall consult with States and organizations with an 

8 interest in child welfare, including organizations that pro9 vide adoption and foster care services, and shall take into 

10 account requests from Members of Congress, in selecting 

11 other issues to be analyzed and reported on under this 

12 section using data available to the Secretary, including 

13 data reported by States through the Adoption and Foster 

14 Care Analysis and Reporting System and to the National 

15 Youth in Transition Database.’’. 

Æ 


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