IB 

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. CA ́RDENAS, 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] 

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A BILL 

To prevent and address sex trafficking of youth in foster 

care. 

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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. 

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. 

9 SEC. 3. FINDINGS. 

10 The Congress makes the following findings: 

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1 (1) Recent reports on sex trafficking estimate 

2 that thousands of children are at risk for domestic sex 

3 trafficking. 

4 (2) The risk is compounded every year for the up 

5 to 30,000 young people who are ‘‘emancipated’’ from 

6 foster care. 

7 (3) The current child welfare system does not ef8 fectively identify, prevent, or intervene when a child 

9 presents as trafficked or at risk for trafficking. 

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

11 adults are housed in congregate care facilities or 

12 group homes, which often are targeted by traffickers. 

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

14 routinely denied the opportunity to participate in 

15 normal, age or developmentally-appropriate activities 

16 such as joining 4–H and other clubs, participating in 

17 school plays, playing sports, going to camp, and vis18 iting a friend. 

19 (6) A lack of normalcy and barriers to partici20 pation in age or developmentally-appropriate activi21 ties contribute to increased vulnerability to traf22 ficking, homelessness, and other negative outcomes for 

23 children in foster care. 

24 (7) The latest research in adolescent brain devel25 opment indicates that young people learn through exmstockstill on DSK4VPTVN1PROD with BILLS

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1 perience and through trial and error, and that as 

2 part of healthy brain development young people need 

3 to take on increasing levels of decisionmaking through 

4 their teenage years. 

5 (8) In order to combat domestic sex trafficking 

6 and to improve outcomes for children in foster care, 

7 systemic changes need to be made to the child welfare 

8 system that focus on— 

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

10 foster care; 

11 (B) greater child engagement in case plan12 ning while in foster care; 

13 (C) improved efforts to locate and respond 

14 to children who have run away from foster care 

15 and to reduce the number of foster children who 

16 are on the run; 

17 (D) improved policies and procedures that 

18 encourage age or developmentally-appropriate 

19 activities for children in foster care and that 

20 permit more opportunities for such children to 

21 make meaningful and permanent connections 

22 with caring adults; and 

23 (E) with regard to domestic sex trafficking, 

24 improved identification, prevention, and inter25 vention by the child welfare agency in collaboramstockstill on DSK4VPTVN1PROD with BILLS

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1 tion with the courts, State and local law enforce2 ment agencies, schools, juvenile justice agencies, 

3 and other social service providers. 

4 TITLE I—IDENTIFYING AND PRO5 TECTING YOUTH AT RISK OF 

6 SEX TRAFFICKING 

7 SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK OF 

8 SEX TRAFFICKING. 

9 Section 471(a)(9) of the Social Security Act (42 U.S.C. 

10 671(a)(9)) is amended— 

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

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

13 after the semicolon; and 

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

15 ‘‘(C) not later than— 

16 ‘‘(i) 1 year after the date of the enact17 ment of this subparagraph, demonstrate to 

18 the Secretary that the State agency has de19 veloped, in consultation with organizations 

20 with experience in dealing with at-risk 

21 youth, policies and procedures for identi22 fying and screening (including relevant 

23 training for caseworkers), and for deter24 mining appropriate State action and serv25 ices with respect to— 

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1 ‘‘(I) any child over whom the 

2 State agency has responsibility for 

3 placement, care, or supervision (in4 cluding children for whom a State 

5 child welfare agency has an open case 

6 file but who have not been removed 

7 from the home and youth who are not 

8 in foster care but are receiving services 

9 under section 477 of this Act) who the 

10 State has reasonable cause to believe— 

11 ‘‘(aa) is a victim of sex traf12 ficking (as defined in section 

13 103(10) of the Trafficking Victims 

14 Protection Act of 2000 (22 U.S.C. 

15 7102(10))) or a severe form of 

16 trafficking in persons described in 

17 section 103(9)(A) of such Act (22 

18 U.S.C. 7102(9)(A)); or 

19 ‘‘(bb) is at risk of being a 

20 victim of either kind of traf21 ficking; and 

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

23 any individual, without regard to 

24 whether the individual is or was in 

25 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 the 

5 State agency is implementing, in consulta6 tion with the child protective services agen7 cy or unit for the State, the policies and 

8 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) of 

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

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

14 (32); 

15 (2) by striking the period at the end of para16 graph (33) and inserting a semicolon; and 

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

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

19 State agency has responsibility for placement, care, or 

20 supervision (including any child for whom a State 

21 child welfare agency has an open case file but who 

22 has not been removed from the home, and any youth 

23 who is not in foster care but is receiving services 

24 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 and 

3 document appropriately in agency records each 

4 child who is identified as being a victim of sex 

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

6 Trafficking Victims Protection Act of 2000) or as 

7 being a victim of severe forms of trafficking in 

8 persons described in section 103(9)(A) of such 

9 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 the 

21 Federal Bureau of Investigation, established 

22 pursuant to section 534 of title 28, United 

23 States Code, and to the National Center for 

24 Missing and Exploited Children; and 

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

2 enactment of this paragraph, contains a regularly up3 dated description, made available to the public on the 

4 Internet website of the State agency, of the specific 

5 measures taken by the State agency to protect and 

6 provide services to children who are victims of sex 

7 trafficking (as defined in section 103(10) of the Traf8 ficking Victims Protection Act of 2000), or victims of 

9 severe forms of trafficking in persons described in sec10 tion 103(9)(A) of such Act, including efforts to coordi11 nate with State and local law enforcement, schools, 

12 juvenile justice agencies, and social service agencies 

13 such as runaway and homeless youth shelters and 

14 transitional and other supportive housing providers 

15 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 sec19 tion and shall provide uniform definitions for States to use 

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

21 Social Security Act, as added by such subsection (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 State 

14 shall develop and implement specific protocols for— 

15 ‘‘(A) expeditiously locating any child miss16 ing from foster care; 

17 ‘‘(B) determining the primary factors that 

18 contributed to the child’s running away or other19 wise being absent from care, and to the extent 

20 possible and appropriate, responding to those 

21 factors in current and subsequent placements; 

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

23 while absent from care, including screening the 

24 child to determine if he or she is a possible vic25 tim of sex trafficking (as defined in paragraph 

26 (9)(C)); and 

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1 ‘‘(D) reporting such related information as 

2 required by the Secretary.’’. 

3 SEC. 104. INCREASING INFORMATION ON YOUTH IN FOSTER 

4 CARE TO PREVENT SEX TRAFFICKING. 

5 Not later than 2 years after the date of the enactment 

6 of this Act, the Secretary of Health and Human Services 

7 shall submit to the Congress a written report which summa8 rizes the following: 

9 (1) Information on children who run away from 

10 foster care and their risk of becoming victims of sex 

11 trafficking, using data reported by States under sec12 tion 479 of the Social Security Act and information 

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

14 such Act, including— 

15 (A) characteristics of children who run 

16 away from foster care; 

17 (B) potential factors associated with chil18 dren running away from foster care (such as 

19 reason for entry into care, length of stay in care, 

20 type of placement, and other factors that contrib21 uted to the child’s running away); 

22 (C) information on children’s experiences 

23 while absent from care; and 

24 (D) trends in the number of children re25 ported as runaways in each fiscal year (includmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing factors that may have contributed to changes 

2 in such trends). 

3 (2) Information on State efforts to provide spe4 cialized services, foster family homes, or child care in5 stitutions for children who are victims of sex traf6 ficking. 

7 (3) Information on State efforts to ensure chil8 dren in foster care form and maintain long-lasting 

9 connections to caring adults, even when a child in 

10 foster care must move to another foster family home 

11 or when the child is placed under the supervision of 

12 a new caseworker. 

13 TITLE II—IMPROVING OPPORTU14 NITIES FOR YOUTH IN FOS15 TER CARE AND SUPPORTING 

16 PERMANENCY 

17 SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOS18 TER CARE. 

19 (a) REASONABLE AND PRUDENT PARENT STAND20 ARD.— 

21 (1) DEFINITIONS RELATING TO THE STAND22 ARD.—Section 475 of the Social Security Act (42 

23 U.S.C. 675) is amended by adding at the end the fol24 lowing: 

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1 ‘‘(9)(A) The term ‘reasonable and prudent parent 

2 standard’ means the standard characterized by care3 ful and sensible parental decisions that maintain the 

4 health, safety, and best interests of a child while at 

5 the same time encouraging the emotional and develop6 mental growth of the child, that a caregiver shall use 

7 when determining whether to allow a child in foster 

8 care under the responsibility of the State to partici9 pate in extracurricular, enrichment, cultural, and so10 cial activities. 

11 ‘‘(B) For purposes of subparagraph (A), the term 

12 ‘caregiver’ means a foster parent with whom a child 

13 in foster care has been placed or a designated official 

14 for a child care institution in which a child in foster 

15 care has been placed. 

16 ‘‘(10) The term ‘age or developmentally-appro17 priate’ means— 

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

19 accepted as suitable for children of the same 

20 chronological age or level of maturity or that are 

21 determined to be developmentally-appropriate for 

22 a child, based on the development of cognitive, 

23 emotional, physical, and behavioral capacities 

24 that are typical for an age or age group; and 

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1 ‘‘(B) in the case of a specific child, activi2 ties or items that are suitable for the child based 

3 on the developmental stages attained by the child 

4 with respect to the cognitive, emotional, physical, 

5 and behavioral capacities of the child.’’. 

6 (2) STATE PLAN REQUIREMENT.—Section 

7 471(a)(24) of such Act (42 U.S.C. 671(a)(24)) is 

8 amended— 

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

10 ‘‘includes’’; 

11 (B) by striking ‘‘and that such prepara12 tion’’ and inserting ‘‘that the preparation’’; and 

13 (C) by inserting ‘‘, and that the preparation 

14 shall include knowledge and skills relating to the 

15 reasonable and prudent parent standard for the 

16 participation of the child in age or develop17 mentally-appropriate activities, including 

18 knowledge and skills relating to the develop19 mental stages of the cognitive, emotional, phys20 ical, and behavioral capacities of a child, and 

21 knowledge and skills relating to applying the 

22 standard to decisions such as whether to allow 

23 the child to engage in social, extracurricular, en24 richment, cultural, and social activities, includ25 ing sports, field trips, and overnight activities 

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1 lasting 1 or more days, and to decisions involv2 ing the signing of permission slips and arrang3 ing of transportation for the child to and from 

4 extracurricular, enrichment, and social activi5 ties’’ before the semicolon. 

6 (3) TECHNICAL ASSISTANCE.—The Secretary of 

7 Health and Human Services shall provide assistance 

8 to the States on best practices for devising strategies 

9 to assist foster parents in applying a reasonable and 

10 prudent parent standard in a manner that protects 

11 child safety, while also allowing children to experience 

12 normal and beneficial activities, including methods 

13 for appropriately considering the concerns of the bio14 logical parents of a child in decisions related to par15 ticipation of the child in activities (with the under16 standing that those concerns should not necessarily 

17 determine the participation of the child in any activ18 ity). 

19 (b) NORMALCY FOR CHILDREN IN CHILD CARE INSTI20 TUTIONS.—Section 471(a)(10) of such Act (42 U.S.C. 

21 671(a)(10)) is amended to read as follows: 

22 ‘‘(10) provides— 

23 ‘‘(A) for the establishment or designation of 

24 a State authority or authorities that shall be re25 sponsible for establishing and maintaining 

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1 standards for foster family homes and child care 

2 institutions which are reasonably in accord with 

3 recommended standards of national organiza4 tions concerned with standards for the institu5 tions or homes, including standards related to 

6 admission policies, safety, sanitation, and pro7 tection of civil rights, and which shall permit use 

8 of the reasonable and prudent parenting stand9 ard; 

10 ‘‘(B) that the standards established pursu11 ant to subparagraph (A) shall be applied by the 

12 State to any foster family home or child care in13 stitution receiving funds under this part or part 

14 B and shall require, as a condition of any con15 tract entered into by the State agency and a 

16 child care institution, the presence on-site of at 

17 least 1 official who, with respect to any child 

18 placed at the child care institution, is designated 

19 to be the caregiver who is authorized to apply the 

20 reasonable and prudent parent standard to deci21 sions involving the participation of the child in 

22 age or developmentally-appropriate activities, 

23 and who is provided with training in how to use 

24 and apply the reasonable and prudent parent 

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1 ter parents are provided the training pursuant 

2 to paragraph (24); 

3 ‘‘(C) that the standards established pursu4 ant to subparagraph (A) shall include policies 

5 related to the liability of foster parents and pri6 vate entities under contract by the State involv7 ing the application of the reasonable and pru8 dent parent standard, to ensure appropriate li9 ability for caregivers when a child participates 

10 in an approved activity and the caregiver ap11 proving the activity acts in accordance with the 

12 reasonable and prudent parent standard; and 

13 ‘‘(D) that a waiver of any standards estab14 lished pursuant to subparagraph (A) may be 

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

16 standards (as determined by the State) in rel17 ative foster family homes for specific children in 

18 care;’’. 

19 (c) EFFECTIVE DATE.— 

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

21 this section shall take effect on the date that is 1 year 

22 after the date of the enactment of this Act, without re23 gard to whether regulations to implement the amend24 ments have been promulgated by that date. 

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1 (2) DELAY PERMITTED IF STATE LEGISLATION

2 REQUIRED.—If the Secretary of Health and Human 

3 Services determines that State legislation (other than 

4 legislation appropriating funds) is required in order 

5 for a State plan developed pursuant to part E of title 

6 IV of the Social Security Act to meet the additional 

7 requirements imposed by the amendments made by 

8 this section, the plan shall not be regarded as failing 

9 to meet any of the additional requirements before the 

10 1st day of the 1st calendar quarter beginning after the 

11 1st regular session of the State legislature that begins 

12 after the date of the enactment of this Act. If the State 

13 has a 2-year legislative session, each year of the ses14 sion is deemed to be a separate regular session of the 

15 State legislature. 

16 SEC. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMA17 NENT LIVING ARRANGEMENT AS A PERMA18 NENCY OPTION. 

19 (a) ELIMINATION OF THE OPTION FOR CHILDREN

20 UNDER AGE 16.— 

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

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

23 amended by inserting ‘‘only in the case of a child who 

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

25 where’’. 

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1 (2) CONFORMING AMENDMENT.—Section 

2 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 

3 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, sub4 ject to the requirements of sections 475(5)(C) and 

5 475A(a)’’ after ‘‘arrangement’’. 

6 (b) ADDITIONAL REQUIREMENTS.— 

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

8 (42 U.S.C. 670 et seq.) is amended by inserting after 

9 section 475 the following: 

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

11 SYSTEM REQUIREMENTS. 

12 ‘‘(a) REQUIREMENTS FOR ANOTHER PLANNED PERMA13 NENT LIVING ARRANGEMENT.—In the case of any child for 

14 whom another planned permanent living arrangement is 

15 the permanency plan for the child, the following require16 ments shall apply for purposes of approving the case plan 

17 for the child and the case system review procedure for the 

18 child: 

19 ‘‘(1) DOCUMENTATION OF INTENSIVE, ONGOING, 

20 UNSUCCESSFUL EFFORTS FOR FAMILY PLACEMENT.— 

21 At each permanency hearing held with respect to the 

22 child, the State agency documents the intensive, ongo23 ing, and, as of the date of the hearing, unsuccessful 

24 efforts made by the State agency to return the child 

25 home or secure a placement for the child with a fit 

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1 and willing relative (including adult siblings), a legal 

2 guardian, or an adoptive parent, including through 

3 efforts that utilize search technology (including social 

4 media) to find biological family members for children 

5 in the child welfare system. 

6 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

7 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

8 The State agency shall implement procedures to en9 sure that, at each permanency hearing held with re10 spect to the child, the court or administrative body 

11 appointed or approved by the court conducting the 

12 hearing on the permanency plan for the child does the 

13 following: 

14 ‘‘(A) Ask the child about the desired perma15 nency outcome for the child. 

16 ‘‘(B) Make a judicial determination ex17 plaining why, as of the date of the hearing, an18 other planned permanent living arrangement is 

19 the best permanency plan for the child and pro20 vide compelling reasons why it continues to not 

21 be in the best interests of the child to— 

22 ‘‘(i) return home; 

23 ‘‘(ii) be placed for adoption; 

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

25 or 

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

2 relative. 

3 ‘‘(3) DEMONSTRATION OF SUPPORT FOR ENGAG4 ING IN AGE OR DEVELOPMENTALLY-APPROPRIATE AC5 TIVITIES AND SOCIAL EVENTS.—At each permanency 

6 hearing held with respect to the child, the State agen7 cy shall document the steps the State agency is taking 

8 to ensure the child’s foster family home or child care 

9 institution is following the reasonable and prudent 

10 parent standard.’’. 

11 (2) CONFORMING AMENDMENTS.— 

12 (A) STATE PLAN REQUIREMENTS.— 

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

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

15 amended by inserting ‘‘and in accordance 

16 with the requirements of section 475A’’ after 

17 ‘‘section 475(5)’’. 

18 (ii) PART E.—Section 471(a)(16) of 

19 such Act (42 U.S.C. 671(a)(16)) is amend20 ed— 

21 (I) by inserting ‘‘and in accord22 ance with the requirements of section 

23 475A’’ after ‘‘section 475(1)’’; and 

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1 (II) by striking ‘‘section 

2 475(5)(B)’’ and inserting ‘‘sections 

3 475(5) and 475A’’. 

4 (B) DEFINITIONS.—Section 475 of such Act 

5 (42 U.S.C. 675) is amended— 

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

7 preceding subparagraph (A), by inserting 

8 ‘‘meets the requirements of section 475A 

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

10 (ii) in paragraph (5)(C)— 

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

12 of the hearing,’’ after ‘‘compelling rea13 son for determining’’; and 

14 (II) by inserting ‘‘subject to sec15 tion 475A(a),’’ after ‘‘another planned 

16 permanent living arrangement,’’. 

17 (c) EFFECTIVE DATE.— 

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

19 this section shall take effect on the date that is 1 year 

20 after the date of the enactment of this Act. 

21 (2) DELAY PERMITTED IF STATE LEGISLATION

22 REQUIRED.—If the Secretary of Health and Human 

23 Services determines that State legislation (other than 

24 legislation appropriating funds) is required in order 

25 for a State plan developed pursuant to part E of title 

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1 IV of the Social Security Act to meet the additional 

2 requirements imposed by the amendments made by 

3 this section, the plan shall not be regarded as failing 

4 to meet any of the additional requirements before the 

5 1st day of the 1st calendar quarter beginning after the 

6 1st regular session of the State legislature that begins 

7 after the date of the enactment of this Act. If the State 

8 has a 2-year legislative session, each year of the ses9 sion is deemed to be a separate regular session of the 

10 State legislature. 

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

12 IN THE DEVELOPMENT OF THEIR OWN CASE 

13 PLAN AND TRANSITION PLANNING FOR A 

14 SUCCESSFUL ADULTHOOD. 

15 (a) IN GENERAL.—Section 475(1)(B) of the Social Se16 curity Act (42 U.S.C. 675(1)(B)) is amended by adding at 

17 the end the following: ‘‘With respect to a child who has at18 tained 14 years of age, the plan developed for the child in 

19 accordance with this paragraph, and any revision or addi20 tion to the plan, shall be developed in consultation with 

21 the child and, at the option of the child, with up to 2 mem22 bers of the case planning team who are chosen by the child 

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

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

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

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1 the State has good cause to believe that the individual would 

2 not act in the best interests of the child. One individual 

3 selected by a child to be a member of the child’s case plan4 ning team may be designated to be the child’s advisor and, 

5 as necessary, advocate, with respect to the application of 

6 the reasonable and prudent parent standard to the child.’’. 

7 (b) CONFORMING AMENDMENTS TO INCLUDE CHIL8 DREN 14 AND OLDER IN TRANSITION PLANNING.—Section 

9 475 of such Act (42 U.S.C. 675) is amended— 

10 (1) in paragraph (1)(D), by striking ‘‘Where ap11 propriate, for a child age 16’’ and inserting ‘‘For a 

12 child who has attained 14 years of age’’; and 

13 (2) in paragraph (5)— 

14 (A) in subparagraph (C)— 

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

16 clause (ii); and 

17 (ii) by adding at the end the following: 

18 ‘‘and (iv) if a child has attained 14 years 

19 of age, the permanency plan developed for 

20 the child, and any revision or addition to 

21 the plan, shall be developed in consultation 

22 with the child and, at the option of the 

23 child, with not more than 2 members of the 

24 permanency planning team who are selected 

25 by the child and who are not a foster parent 

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1 of, or caseworker for, the child, except that 

2 the State may reject an individual so se3 lected by the child if the State has good 

4 cause to believe that the individual would 

5 not act in the best interests of the child, and 

6 1 individual so selected by the child may be 

7 designated to be the child’s advisor and, as 

8 necessary, advocate, with respect to the ap9 plication of the reasonable and prudent 

10 standard to the child;’’; and 

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

12 and inserting ‘‘14’’. 

13 (c) TRANSITION PLANNING FOR A SUCCESSFUL

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

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

16 each amended by striking ‘‘independent living’’ and insert17 ing ‘‘a successful adulthood’’. 

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

19 added by section 202(b)(1) of this Act, is amended by add20 ing at the end the following: 

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

22 in foster care under the responsibility of the State who has 

23 attained 14 years of age shall include a document that de24 scribes the rights of the child with respect to education, 

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

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1 safe and avoiding exploitation, and a signed acknowledg2 ment by the child that the child has been provided with 

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

4 the document have been explained to the child in an age5 appropriate way.’’. 

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

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

8 Human Services shall submit a report to Congress regard9 ing the implementation of the amendments made by this 

10 section. The report shall include— 

11 (1) an analysis of how States are administering 

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

13 section 475 of the Social Security Act, as amended by 

14 subsections (a) and (b) of this section, that a child in 

15 foster care who has attained 14 years of age be per16 mitted to select up to 2 members of the case planning 

17 team or permanency planning team for the child from 

18 individuals who are not a foster parent of, or case19 worker for, the child; and 

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

21 respect to the administration of the requirements. 

22 (f) EFFECTIVE DATE.— 

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

24 this section shall take effect on the date that is 1 year 

25 after the date of the enactment of this Act. 

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1 (2) DELAY PERMITTED IF STATE LEGISLATION

2 REQUIRED.—If the Secretary of Health and Human 

3 Services determines that State legislation (other than 

4 legislation appropriating funds) is required in order 

5 for a State plan developed pursuant to part E of title 

6 IV of the Social Security Act to meet the additional 

7 requirements imposed by the amendments made by 

8 this section, the plan shall not be regarded as failing 

9 to meet any of the additional requirements before the 

10 1st day of the 1st calendar quarter beginning after the 

11 1st regular session of the State legislature that begins 

12 after the date of the enactment of this Act. If the State 

13 has a 2-year legislative session, each year of the ses14 sion is deemed to be a separate regular session of the 

15 State legislature. 

16 TITLE III—IMPROVING DATA 

17 COLLECTION AND REPORT18 ING ON CHILD SEX TRAF19 FICKING 

20 SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE 

21 ADOPTION AND FOSTER CARE ANALYSIS AND 

22 REPORTING SYSTEM. 

23 (a) IN GENERAL.—Section 479(c)(3) of the Social Se24 curity Act (42 U.S.C. 679(c)(3)) is amended— 

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

2 after the comma; and 

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

4 ‘‘(E) the annual number of children in fos5 ter care who are identified as victims of sex traf6 ficking (as defined in section 103(10) of the 

7 Trafficking Victims Protection Act of 2000 (22 

8 U.S.C. 7102(10))) or a severe form of trafficking 

9 in persons described in section 103(9)(A) of such 

10 Act— 

11 ‘‘(i) who were such victims before en12 tering foster care; and 

13 ‘‘(ii) who were such victims while in 

14 foster care; and’’. 

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

16 2016, the Secretary of Health and Human Services shall 

17 submit an annual report to Congress that contains the an18 nual aggregate number of children in foster care who are 

19 identified as victims of sex trafficking (as defined in section 

20 103(10) of the Trafficking Victims Protection Act of 2000 

21 (22 U.S.C. 7102(10))) or a severe form of trafficking in per22 sons described in section 103(9)(A) of such Act, together 

23 with such other information as the Secretary determines ap24 propriate relating to the identification of, and provision of 

25 services for, that population of children. 

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

2 ANNUAL REPORTS USING AFCARS DATA; CON3 SULTATION. 

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

5 679b) is amended— 

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

7 the following: 

8 ‘‘(a) IN GENERAL.—The Secretary’’; 

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

10 semicolon; 

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

12 at the end and inserting a semicolon; 

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

14 ‘‘(7) include in the report submitted pursuant to 

15 paragraph (5) for fiscal year 2016 or any succeeding 

16 fiscal year, State-by-State data on children in foster 

17 care who have been placed in a child care institution 

18 or other setting that is not a foster family home, in19 cluding— 

20 ‘‘(A) the number of children in the place21 ments and their ages, including separately, the 

22 number and ages of children who have a perma23 nency plan of another planned permanent living 

24 arrangement; 

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

26 settings (including for children who have a permstockstill on DSK4VPTVN1PROD with BILLS

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1 manency plan of another planned permanent 

2 living arrangement); 

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

4 used (including group homes, residential treat5 ment, shelters, or other congregate care settings); 

6 ‘‘(D) with respect to each child care institu7 tion or other setting that is not a foster family 

8 home, the number of children in foster care resid9 ing in each such institution or non-foster family 

10 home; 

11 ‘‘(E) any clinically diagnosed special need 

12 of such children; and 

13 ‘‘(F) the extent of any specialized education, 

14 treatment, counseling, or other services provided 

15 in the settings; and 

16 ‘‘(8) include in the report submitted pursuant to 

17 paragraph (5) for fiscal year 2016 or any succeeding 

18 fiscal year, State-by-State data on children in foster 

19 care who are pregnant or parenting.’’; and 

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

21 ‘‘(b) CONSULTATION ON OTHER ISSUES.—The Sec22 retary shall consult with States and organizations with an 

23 interest in child welfare, including organizations that pro24 vide adoption and foster care services, and shall take into 

25 account requests from Members of Congress, in selecting 

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1 other issues to be analyzed and reported on under this sec2 tion using data available to the Secretary, including data 

3 reported by States through the Adoption and Foster Care 

4 Analysis and Reporting System and to the National Youth 

5 in Transition Database.’’. 

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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 

M

foster care. 

AY 7, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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