II 

113TH CONGRESS 

2D SESSION H. R. 4058 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2014 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Sex Traf3 ficking and Improving Opportunities for Youth in Foster 

4 Care Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 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. 

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. 

TITLE IV—IMPROVING THE USE OF TECHNOLOGY TO INCREASE 

CHILD SUPPORT COLLECTIONS 

Sec. 401. Required electronic processing of income withholding. 

7 SEC. 3. FINDINGS. 

8 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 

3 sex trafficking. 

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

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

6 from foster care. 

7 (3) The current child welfare system does not 

8 effectively identify, prevent, or intervene when a 

9 child 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 traf13 fickers. 

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

15 routinely denied the opportunity to participate in 

16 normal, age or developmentally-appropriate activities 

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

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

19 visiting a friend. 

20 (6) A lack of normalcy and barriers to partici21 pation in age or developmentally-appropriate activi22 ties contribute to increased vulnerability to traf23 ficking, homelessness, and other negative outcomes 

24 for children in foster care. 


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1 (7) The latest research in adolescent brain de2 velopment indicates that young people learn through 

3 experience and through trial and error, and that as 

4 part of healthy brain development young people need 

5 to take on increasing levels of decisionmaking 

6 through their teenage years. 

7 (8) In order to combat domestic sex trafficking 

8 and to improve outcomes for children in foster care, 

9 systemic changes need to be made to the child wel10 fare system that focus on— 

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

12 foster care; 

13 (B) greater child engagement in case plan14 ning while in foster care; 

15 (C) improved efforts to locate and respond 

16 to children who have run away from foster care 

17 and to reduce the number of foster children 

18 who are on the run; 

19 (D) improved policies and procedures that 

20 encourage age or developmentally-appropriate 

21 activities for children in foster care and that 

22 permit more opportunities for such children to 

23 make meaningful and permanent connections 

24 with caring adults; and 


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1 (E) with regard to domestic sex traf2 ficking, improved identification, prevention, and 

3 intervention by the child welfare agency in col4 laboration with the courts, State and local law 

5 enforcement agencies, schools, juvenile justice 

6 agencies, and other social service providers. 

7 TITLE I—IDENTIFYING AND PRO8 TECTING YOUTH AT RISK OF 

9 SEX TRAFFICKING 

10 SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK 

11 OF SEX TRAFFICKING. 

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

13 U.S.C. 671(a)(9)) is amended— 

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

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

16 after the semicolon; and 

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

18 ‘‘(C) not later than— 

19 ‘‘(i) 1 year after the date of the enact20 ment of this subparagraph, demonstrate to 

21 the Secretary that the State agency has 

22 developed, in consultation with organiza23 tions with experience in dealing with at24 risk youth, policies and procedures for 

25 identifying and screening (including relVerDate Sep 11 2014 00:21 Dec 18, 2014 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.RDS H4058

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1 evant training for caseworkers), and for 

2 determining appropriate State action and 

3 services with respect to— 

4 ‘‘(I) any child over whom the 

5 State agency has responsibility for 

6 placement, care, or supervision (in7 cluding children for whom a State 

8 child welfare agency has an open case 

9 file but who have not been removed 

10 from the home and youth who are not 

11 in foster care but are receiving serv12 ices under section 477 of this Act) 

13 who the State has reasonable cause to 

14 believe— 

15 ‘‘(aa) is a victim of sex traf16 ficking (as defined in section 

17 103(10) of the Trafficking Vic18 tims Protection Act of 2000 (22 

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

20 form of trafficking in persons de21 scribed in section 103(9)(A) of 

22 such Act (22 U.S.C. 

23 7102(9)(A)); or 


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1 ‘‘(bb) is at risk of being a 

2 victim of either kind of traf3 ficking; and 

4 ‘‘(II) at the option of the State, 

5 any individual, without regard to 

6 whether the individual is or was in 

7 foster care under the responsibility of 

8 the State, who has not attained 26 

9 years of age; and 

10 ‘‘(ii) 2 years after such date of enact11 ment, demonstrate to the Secretary that 

12 the State agency is implementing, in con13 sultation with the child protective services 

14 agency or unit for the State, the policies 

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

16 SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF 

17 SEX TRAFFICKING. 

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

19 of the Social Security Act (42 U.S.C. 671(a)) is amend20 ed— 

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

22 (32); 

23 (2) by striking the period at the end of para24 graph (33) and inserting a semicolon; and 

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


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

2 the State agency has responsibility for placement, 

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

4 State child welfare agency has an open case file but 

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

6 youth who is not in foster care but is receiving serv7 ices under section 477), the State agency shall— 

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

9 of the enactment of this paragraph, identify 

10 and document appropriately in agency records 

11 each child who is identified as being a victim of 

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

13 the Trafficking Victims Protection Act of 2000) 

14 or as being a victim of severe forms of traf15 ficking in persons described in section 

16 103(9)(A) of such Act, as such a victim; and 

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

18 later than 24 hours after receiving— 

19 ‘‘(i) information on children who have 

20 been identified as being victims of sex traf21 ficking (as defined in subparagraph (A) of 

22 this paragraph) to the law enforcement au23 thorities; and 

24 ‘‘(ii) information on missing or ab25 ducted children to the law enforcement auVerDate Sep 11 2014 00:21 Dec 18, 2014 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.RDS H4058

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1 thorities for entry into the National Crime 

2 Information Center (NCIC) database of 

3 the Federal Bureau of Investigation, estab4 lished pursuant to section 534 of title 28, 

5 United States Code, and to the National 

6 Center for Missing and Exploited Children; 

7 and 

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

9 the enactment of this paragraph, contains a regu10 larly updated description, made available to the pub11 lic on the Internet website of the State agency, of 

12 the specific measures taken by the State agency to 

13 protect and provide services to children who are vic14 tims of sex trafficking (as defined in section 103(10) 

15 of the Trafficking Victims Protection Act of 2000), 

16 or victims of severe forms of trafficking in persons 

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

18 efforts to coordinate with State and local law en19 forcement, schools, juvenile justice agencies, and so20 cial service agencies such as runaway and homeless 

21 youth shelters and transitional and other supportive 

22 housing providers to serve that population.’’. 

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

24 Human Services shall promulgate regulations imple25 menting the amendments made by subsection (a) of this 


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1 section and shall provide uniform definitions for States to 

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

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

4 (a). 

5 SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RE6 SPOND TO CHILDREN WHO RUN AWAY FROM 

7 FOSTER CARE. 

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

9 671(a)), as amended by section 102 of this Act, is amend10 ed— 

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

12 (34); 

13 (2) by striking the period at the end of para14 graph (35) and inserting ‘‘; and’’; and 

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

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

17 the date of the enactment of this paragraph, the 

18 State shall develop and implement specific protocols 

19 for— 

20 ‘‘(A) expeditiously locating any child miss21 ing from foster care; 

22 ‘‘(B) determining the primary factors that 

23 contributed to the child’s running away or oth24 erwise being absent from care, and to the ex25 tent possible and appropriate, responding to 


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1 those factors in current and subsequent place2 ments; 

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

4 while absent from care, including screening the 

5 child to determine if he or she is a possible vic6 tim of sex trafficking (as defined in paragraph 

7 (9)(C)); and 

8 ‘‘(D) reporting such related information as 

9 required by the Secretary.’’. 

10 SEC. 104. INCREASING INFORMATION ON YOUTH IN FOS11 TER CARE TO PREVENT SEX TRAFFICKING. 

12 Not later than 2 years after the date of the enact13 ment of this Act, the Secretary of Health and Human 

14 Services shall submit to the Congress a written report 

15 which summarizes the following: 

16 (1) Information on children who run away from 

17 foster care and their risk of becoming victims of sex 

18 trafficking, using data reported by States under sec19 tion 479 of the Social Security Act and information 

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

21 such Act, including— 

22 (A) characteristics of children who run 

23 away from foster care; 

24 (B) potential factors associated with chil25 dren running away from foster care (such as 


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1 reason for entry into care, length of stay in 

2 care, type of placement, and other factors that 

3 contributed to the child’s running away); 

4 (C) information on children’s experiences 

5 while absent from care; and 

6 (D) trends in the number of children re7 ported as runaways in each fiscal year (includ8 ing factors that may have contributed to 

9 changes in such trends). 

10 (2) Information on State efforts to provide spe11 cialized services, foster family homes, or child care 

12 institutions for children who are victims of sex traf13 ficking. 

14 (3) Information on State efforts to ensure chil15 dren in foster care form and maintain long-lasting 

16 connections to caring adults, even when a child in 

17 foster care must move to another foster family home 

18 or when the child is placed under the supervision of 

19 a new caseworker. 


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1 TITLE II—IMPROVING OPPORTU2 NITIES FOR YOUTH IN FOS3 TER CARE AND SUPPORTING 

4 PERMANENCY 

5 SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOS6 TER CARE. 

7 (a) REASONABLE AND PRUDENT PARENT STAND8 ARD.— 

9 (1) DEFINITIONS RELATING TO THE STAND10 ARD.—Section 475 of the Social Security Act (42 

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

12 following: 

13 ‘‘(9)(A) The term ‘reasonable and prudent par14 ent standard’ means the standard characterized by 

15 careful and sensible parental decisions that maintain 

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

17 at the same time encouraging the emotional and de18 velopmental growth of the child, that a caregiver 

19 shall use when determining whether to allow a child 

20 in foster care under the responsibility of the State 

21 to participate in extracurricular, enrichment, cul22 tural, and social activities. 

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

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

25 child in foster care has been placed or a designated 


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1 official for a child care institution in which a child 

2 in foster care has been placed. 

3 ‘‘(10) The term ‘age or developmentally-appro4 priate’ means— 

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

6 accepted as suitable for children of the same 

7 chronological age or level of maturity or that 

8 are determined to be developmentally-appro9 priate for a child, based on the development of 

10 cognitive, emotional, physical, and behavioral 

11 capacities that are typical for an age or age 

12 group; and 

13 ‘‘(B) in the case of a specific child, activi14 ties or items that are suitable for the child 

15 based on the developmental stages attained by 

16 the child with respect to the cognitive, emo17 tional, physical, and behavioral capacities of the 

18 child.’’. 

19 (2) STATE PLAN REQUIREMENT.—Section 

20 471(a)(24) of such Act (42 U.S.C. 671(a)(24)) is 

21 amended— 

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

23 ‘‘includes’’; 

24 (B) by striking ‘‘and that such prepara25 tion’’ and inserting ‘‘that the preparation’’; and 


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1 (C) by inserting ‘‘, and that the prepara2 tion shall include knowledge and skills relating 

3 to the reasonable and prudent parent standard 

4 for the participation of the child in age or de5 velopmentally-appropriate activities, including 

6 knowledge and skills relating to the develop7 mental stages of the cognitive, emotional, phys8 ical, and behavioral capacities of a child, and 

9 knowledge and skills relating to applying the 

10 standard to decisions such as whether to allow 

11 the child to engage in social, extracurricular, 

12 enrichment, cultural, and social activities, in13 cluding sports, field trips, and overnight activi14 ties lasting 1 or more days, and to decisions in15 volving the signing of permission slips and ar16 ranging of transportation for the child to and 

17 from extracurricular, enrichment, and social ac18 tivities’’ before the semicolon. 

19 (3) TECHNICAL ASSISTANCE.—The Secretary of 

20 Health and Human Services shall provide assistance 

21 to the States on best practices for devising strategies 

22 to assist foster parents in applying a reasonable and 

23 prudent parent standard in a manner that protects 

24 child safety, while also allowing children to experi25 ence normal and beneficial activities, including methVerDate Sep 11 2014 00:21 Dec 18, 2014 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.RDS H4058

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1 ods for appropriately considering the concerns of the 

2 biological parents of a child in decisions related to 

3 participation of the child in activities (with the un4 derstanding that those concerns should not nec5 essarily determine the participation of the child in 

6 any activity). 

7 (b) NORMALCY FOR CHILDREN IN CHILD CARE IN8 STITUTIONS.—Section 471(a)(10) of such Act (42 U.S.C. 

9 671(a)(10)) is amended to read as follows: 

10 ‘‘(10) provides— 

11 ‘‘(A) for the establishment or designation 

12 of a State authority or authorities that shall be 

13 responsible for establishing and maintaining 

14 standards for foster family homes and child 

15 care institutions which are reasonably in accord 

16 with recommended standards of national orga17 nizations concerned with standards for the in18 stitutions or homes, including standards related 

19 to admission policies, safety, sanitation, and 

20 protection of civil rights, and which shall permit 

21 use of the reasonable and prudent parenting 

22 standard; 

23 ‘‘(B) that the standards established pursu24 ant to subparagraph (A) shall be applied by the 

25 State to any foster family home or child care 


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1 institution receiving funds under this part or 

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

3 contract entered into by the State agency and 

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

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

6 placed at the child care institution, is des7 ignated to be the caregiver who is authorized to 

8 apply the reasonable and prudent parent stand9 ard to decisions involving the participation of 

10 the child in age or developmentally-appropriate 

11 activities, and who is provided with training in 

12 how to use and apply the reasonable and pru13 dent parent standard in the same manner as 

14 prospective foster parents are provided the 

15 training pursuant to paragraph (24); 

16 ‘‘(C) that the standards established pursu17 ant to subparagraph (A) shall include policies 

18 related to the liability of foster parents and pri19 vate entities under contract by the State involv20 ing the application of the reasonable and pru21 dent parent standard, to ensure appropriate li22 ability for caregivers when a child participates 

23 in an approved activity and the caregiver ap24 proving the activity acts in accordance with the 

25 reasonable and prudent parent standard; and 


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1 ‘‘(D) that a waiver of any standards estab2 lished pursuant to subparagraph (A) may be 

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

4 standards (as determined by the State) in rel5 ative foster family homes for specific children in 

6 care;’’. 

7 (c) 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 without regard to whether regulations to implement 

12 the amendments have been promulgated by that 

13 date. 

14 (2) DELAY PERMITTED IF STATE LEGISLATION

15 REQUIRED.—If the Secretary of Health and Human 

16 Services determines that State legislation (other 

17 than legislation appropriating funds) is required in 

18 order for a State plan developed pursuant to part E 

19 of title IV of the Social Security Act to meet the ad20 ditional requirements imposed by the amendments 

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

22 as failing to meet any of the additional requirements 

23 before the 1st day of the 1st calendar quarter begin24 ning after the 1st regular session of the State legis25 lature that begins after the date of the enactment of 


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

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

3 regular session of the State legislature. 

4 SEC. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMA5 NENT LIVING ARRANGEMENT AS A PERMA6 NENCY OPTION. 

7 (a) ELIMINATION OF THE OPTION FOR CHILDREN

8 UNDER AGE 16.— 

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

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

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

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

13 where’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 422(b)(8)(A)(iii)(II) of such Act (42 U.S.C. 

16 622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, 

17 subject to the requirements of sections 475(5)(C) 

18 and 475A(a)’’ after ‘‘arrangement’’. 

19 (b) ADDITIONAL REQUIREMENTS.— 

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

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

22 after section 475 the following: 


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

2 SYSTEM REQUIREMENTS. 

3 ‘‘(a) REQUIREMENTS FOR ANOTHER PLANNED PER4 MANENT LIVING ARRANGEMENT.—In the case of any 

5 child for whom another planned permanent living arrange6 ment is the permanency plan for the child, the following 

7 requirements shall apply for purposes of approving the 

8 case plan for the child and the case system review proce9 dure for the child: 

10 ‘‘(1) DOCUMENTATION OF INTENSIVE, ONGO11 ING, UNSUCCESSFUL EFFORTS FOR FAMILY PLACE12 MENT.—At each permanency hearing held with re13 spect to the child, the State agency documents the 

14 intensive, ongoing, and, as of the date of the hear15 ing, unsuccessful efforts made by the State agency 

16 to return the child home or secure a placement for 

17 the child with a fit and willing relative (including 

18 adult siblings), a legal guardian, or an adoptive par19 ent, including through efforts that utilize search 

20 technology (including social media) to find biological 

21 family members for children in the child welfare sys22 tem. 

23 ‘‘(2) REDETERMINATION OF APPROPRIATENESS

24 OF PLACEMENT AT EACH PERMANENCY HEARING.— 

25 The State agency shall implement procedures to en26 sure that, at each permanency hearing held with reVerDate Sep 11 2014 00:21 Dec 18, 2014 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.RDS H4058

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1 spect to the child, the court or administrative body 

2 appointed or approved by the court conducting the 

3 hearing on the permanency plan for the child does 

4 the following: 

5 ‘‘(A) Ask the child about the desired per6 manency outcome for the child. 

7 ‘‘(B) Make a judicial determination ex8 plaining why, as of the date of the hearing, an9 other planned permanent living arrangement is 

10 the best permanency plan for the child and pro11 vide compelling reasons why it continues to not 

12 be in the best interests of the child to— 

13 ‘‘(i) return home; 

14 ‘‘(ii) be placed for adoption; 

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

16 or 

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

18 relative. 

19 ‘‘(3) DEMONSTRATION OF SUPPORT FOR EN20 GAGING IN AGE OR DEVELOPMENTALLY-APPRO21 PRIATE ACTIVITIES AND SOCIAL EVENTS.—At each 

22 permanency hearing held with respect to the child, 

23 the State agency shall document the steps the State 

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


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1 home or child care institution is following the rea2 sonable and prudent parent standard.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) STATE PLAN REQUIREMENTS.— 

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

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

7 amended by inserting ‘‘and in accordance 

8 with the requirements of section 475A’’ 

9 after ‘‘section 475(5)’’. 

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

11 such Act (42 U.S.C. 671(a)(16)) is amend12 ed— 

13 (I) by inserting ‘‘and in accord14 ance with the requirements of section 

15 475A’’ after ‘‘section 475(1)’’; and 

16 (II) by striking ‘‘section 

17 475(5)(B)’’ and inserting ‘‘sections 

18 475(5) and 475A’’. 

19 (B) DEFINITIONS.—Section 475 of such 

20 Act (42 U.S.C. 675) is amended— 

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

22 preceding subparagraph (A), by inserting 

23 ‘‘meets the requirements of section 475A 

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

25 (ii) in paragraph (5)(C)— 


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

2 of the hearing,’’ after ‘‘compelling rea3 son for determining’’; and 

4 (II) by inserting ‘‘subject to sec5 tion 475A(a),’’ after ‘‘another planned 

6 permanent living arrangement,’’. 

7 (c) 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. 203. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER 

2 IN THE DEVELOPMENT OF THEIR OWN CASE 

3 PLAN AND TRANSITION PLANNING FOR A 

4 SUCCESSFUL ADULTHOOD. 

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

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

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

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

9 in accordance with this paragraph, and any revision or ad10 dition to the plan, shall be developed in consultation with 

11 the child and, at the option of the child, with up to 2 mem12 bers of the case planning team who are chosen by the child 

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

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

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

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

17 would not act in the best interests of the child. One indi18 vidual selected by a child to be a member of the child’s 

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

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

21 application of the reasonable and prudent parent standard 

22 to the child.’’. 

23 (b) CONFORMING AMENDMENTS TO INCLUDE CHIL24 DREN 14 AND OLDER IN TRANSITION PLANNING.—Sec25 tion 475 of such Act (42 U.S.C. 675) is amended— 


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

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

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

4 (2) in paragraph (5)— 

5 (A) in subparagraph (C)— 

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

7 clause (ii); and 

8 (ii) by adding at the end the fol9 lowing: ‘‘and (iv) if a child has attained 14 

10 years of age, the permanency plan devel11 oped for the child, and any revision or ad12 dition to the plan, shall be developed in 

13 consultation with the child and, at the op14 tion of the child, with not more than 2 

15 members of the permanency planning team 

16 who are selected by the child and who are 

17 not a foster parent of, or caseworker for, 

18 the child, except that the State may reject 

19 an individual so selected by the child if the 

20 State has good cause to believe that the in21 dividual would not act in the best interests 

22 of the child, and 1 individual so selected by 

23 the child may be designated to be the 

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

25 with respect to the application of the reaVerDate Sep 11 2014 00:21 Dec 18, 2014 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.RDS H4058

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1 sonable and prudent standard to the 

2 child;’’; and 

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

4 and inserting ‘‘14’’. 

5 (c) TRANSITION PLANNING FOR A SUCCESSFUL

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

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

8 each amended by striking ‘‘independent living’’ and insert9 ing ‘‘a successful adulthood’’. 

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

11 added by section 202(b)(1) of this Act, is amended by add12 ing at the end the following: 

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

14 in foster care under the responsibility of the State who 

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

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

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

18 safe and avoiding exploitation, and a signed acknowledg19 ment by the child that the child has been provided with 

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

21 the document have been explained to the child in an age22 appropriate way.’’. 

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

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

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1 ing the implementation of the amendments made by this 

2 section. The report shall include— 

3 (1) an analysis of how States are administering 

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

5 section 475 of the Social Security Act, as amended 

6 by subsections (a) and (b) of this section, that a 

7 child in foster care who has attained 14 years of age 

8 be permitted to select up to 2 members of the case 

9 planning team or permanency planning team for the 

10 child from individuals who are not a foster parent 

11 of, or caseworker for, the child; and 

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

13 respect to the administration of the requirements. 

14 (f) EFFECTIVE DATE.— 

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

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

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

18 (2) DELAY PERMITTED IF STATE LEGISLATION

19 REQUIRED.—If the Secretary of Health and Human 

20 Services determines that State legislation (other 

21 than legislation appropriating funds) is required in 

22 order for a State plan developed pursuant to part E 

23 of title IV of the Social Security Act to meet the ad24 ditional requirements imposed by the amendments 

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


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1 as failing to meet any of the additional requirements 

2 before the 1st day of the 1st calendar quarter begin3 ning after the 1st regular session of the State legis4 lature that begins after the date of the enactment of 

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

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

7 regular session of the State legislature. 

8 SEC. 204. ENSURING FOSTER YOUTH HAVE A BIRTH CER9 TIFICATE, SOCIAL SECURITY CARD, HEALTH 

10 INSURANCE INFORMATION, MEDICAL 

11 RECORDS, AND A BANK ACCOUNT. 

12 (a) CASE REVIEW SYSTEM REQUIREMENT.—Section 

13 475(5)(I) of the Social Security Act (42 U.S.C. 675(5)(I)) 

14 is amended— 

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

16 inserting ‘‘receives assistance’’; and 

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

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

19 child is being discharged from care to be reunited 

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

21 discharged from care without being provided with an 

22 official birth certificate of the child, a social security 

23 card issued by the Commissioner of Social Security, 

24 health insurance information and medical records, 

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1 free (or low-fee) transaction account (as defined in 

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

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

4 child name at an insured depository institution (as 

5 defined in section 3 of the Federal Deposit Insur6 ance Act (12 U.S.C. 1813)) or an insured credit 

7 union (as defined in section 101 of the Federal 

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

9 child, after consultation with the members of the 

10 case planning team for the child selected by the child 

11 (if any), elects to not have such an account estab12 lished’’ before the period. 

13 (b) EFFECTIVE DATE.— 

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

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

16 enactment of this Act. 

17 (2) DELAY PERMITTED IF STATE LEGISLATION

18 REQUIRED.—If the Secretary of Health and Human 

19 Services determines that State legislation (other 

20 than legislation appropriating funds) is required in 

21 order for a State plan developed pursuant to part E 

22 of title IV of the Social Security Act to meet the ad23 ditional requirements imposed by the amendments 

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

25 as failing to meet any of the additional requirements 


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1 before the 1st day of the 1st calendar quarter begin2 ning after the 1st regular session of the State legis3 lature that begins after the date of the enactment of 

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

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

6 regular session of the State legislature. 

7 TITLE III—IMPROVING DATA 

8 COLLECTION AND REPORT9 ING ON CHILD SEX TRAF10 FICKING 

11 SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE 

12 ADOPTION AND FOSTER CARE ANALYSIS AND 

13 REPORTING SYSTEM. 

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

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

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

17 after the comma; and 

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

19 ‘‘(E) the annual number of children in fos20 ter care who are identified as victims of sex 

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

22 Trafficking Victims Protection Act of 2000 (22 

23 U.S.C. 7102(10))) or a severe form of traf24 ficking in persons described in section 

25 103(9)(A) of such Act— 


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1 ‘‘(i) who were such victims before en2 tering foster care; and 

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

4 foster care; and’’. 

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

6 2016, the Secretary of Health and Human Services shall 

7 submit an annual report to Congress that contains the an8 nual aggregate number of children in foster care who are 

9 identified as victims of sex trafficking (as defined in sec10 tion 103(10) of the Trafficking Victims Protection Act of 

11 2000 (22 U.S.C. 7102(10))) or a severe form of traf12 ficking in persons described in section 103(9)(A) of such 

13 Act, together with such other information as the Secretary 

14 determines appropriate relating to the identification of, 

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

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

17 ANNUAL REPORTS USING AFCARS DATA; CON18 SULTATION. 

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

20 679b) is amended— 

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

22 the following: 

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

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

25 the semicolon; 


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

2 at the end and inserting a semicolon; 

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

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

5 to paragraph (5) for fiscal year 2016 or any suc6 ceeding fiscal year, State-by-State data on children 

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

8 institution or other setting that is not a foster fam9 ily home, including— 

10 ‘‘(A) the number of children in the place11 ments and their ages, including separately, the 

12 number and ages of children who have a perma13 nency plan of another planned permanent living 

14 arrangement; 

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

16 settings (including for children who have a per17 manency plan of another planned permanent 

18 living arrangement); 

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

20 used (including group homes, residential treat21 ment, shelters, or other congregate care set22 tings); 

23 ‘‘(D) with respect to each child care insti24 tution or other setting that is not a foster fam25 ily home, the number of children in foster care 


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1 residing in each such institution or non-foster 

2 family home; 

3 ‘‘(E) any clinically diagnosed special need 

4 of such children; and 

5 ‘‘(F) the extent of any specialized edu6 cation, treatment, counseling, or other services 

7 provided in the settings; and 

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

9 to paragraph (5) for fiscal year 2016 or any suc10 ceeding fiscal year, State-by-State data on children 

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

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

13 ‘‘(b) CONSULTATION ON OTHER ISSUES.—The Sec14 retary shall consult with States and organizations with an 

15 interest in child welfare, including organizations that pro16 vide adoption and foster care services, and shall take into 

17 account requests from Members of Congress, in selecting 

18 other issues to be analyzed and reported on under this 

19 section using data available to the Secretary, including 

20 data reported by States through the Adoption and Foster 

21 Care Analysis and Reporting System and to the National 

22 Youth in Transition Database.’’. 


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1 TITLE IV—IMPROVING THE USE 

2 OF TECHNOLOGY TO IN3 CREASE CHILD SUPPORT 

4 COLLECTIONS 

5 SEC. 401. REQUIRED ELECTRONIC PROCESSING OF INCOME 

6 WITHHOLDING. 

7 (a) IN GENERAL.—Section 454A(g)(1) of the Social 

8 Security Act (42 U.S.C. 654a(g)(1)(A)) is amended— 

9 (1) by striking ‘‘, to the maximum extent fea10 sible,’’; and 

11 (2) in subparagraph (A)— 

12 (A) by striking ‘‘and’’ at the end of clause 

13 (i); 

14 (B) by adding ‘‘and’’ at the end of clause 

15 (ii); and 

16 (C) by adding at the end the following: 

17 ‘‘(iii) at the option of the employer, 

18 using the electronic transmission methods 

19 prescribed by the Secretary;’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on October 1, 2017. 

Passed the House of Representatives May 20, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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