II 

116TH CONGRESS 

1ST SESSION S. 1660 

To provide greater support for grandfamilies and older caretaker relatives. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. CASEY (for himself, Mr. BROWN, Ms. BALDWIN, Ms. HASSAN, and Mrs. 

GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide greater support for grandfamilies and older 

caretaker relatives. 

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 ‘‘Grandfamilies Act of 

5 2019’’. 

6 SEC. 2. INCREASING ACCESS TO SOCIAL SECURITY BENE7 FITS FOR CHILDREN WHO LIVE WITH GRAND8 PARENTS OR OTHER FAMILY MEMBERS. 

9 (a) IN GENERAL.—Title II of the Social Security Act 

10 (42 U.S.C. 401 et seq.) is amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 1660 IS

1 (1) in section 202(d)— 

2 (A) in paragraph (1)(C), by inserting ‘‘ex3 cept as provided in paragraph (9),’’ before ‘‘was 

4 dependent’’; and 

5 (B) by amending paragraph (9) to read as 

6 follows: 

7 ‘‘(9)(A) In the case of a child who is the child of an 

8 individual under clause (3) of the first sentence of section 

9 216(e) and is not a child of such individual under clause 

10 (1) or (2) of such first sentence, the criteria specified in 

11 subparagraph (B) shall apply instead of the criteria speci12 fied in subparagraph (C) of paragraph (1). 

13 ‘‘(B) The criteria of this subparagraph are that— 

14 ‘‘(i) the child has been living with such indi15 vidual in the United States for a period of not less 

16 than 12 months; 

17 ‘‘(ii) the child has been receiving not less than 

1 18 ⁄2 of the child’s support from such individual for a 

19 period of not less than 12 months; and 

20 ‘‘(iii) the period during which the child was liv21 ing with such individual began before the child at22 tained age 18. 

23 ‘‘(C) In the case of a child who is less than 12 months 

24 old, such child shall be deemed to meet the requirements 

25 of subparagraph (B) if, on the date the child attains 1 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 1660 IS

1 year of age, such child has lived with such individual in 

the United States and received at least 1 2 ⁄2 of the child’s 

3 support from such individual for substantially all of the 

4 period which began on the date of such child’s birth.’’; 

5 and 

6 (2) in section 216(e), in the first sentence— 

7 (A) by striking ‘‘grandchild or 

8 stepgrandchild of an individual or his spouse’’ 

9 and inserting ‘‘grandchild, stepgrandchild, or 

10 other first-degree, second-degree, third-degree, 

11 fourth-degree, or fifth-degree relative of an indi12 vidual or the individual’s spouse’’; 

13 (B) by striking ‘‘was no natural or adop14 tive parent’’ and inserting ‘‘is no living natural 

15 or adoptive parent’’; 

16 (C) by striking ‘‘was under a disability’’ 

17 and inserting ‘‘is under a disability’’; 

18 (D) by striking ‘‘living at the time’’ and all 

19 that follows through ‘‘, or (B)’’ and inserting ‘‘, 

20 (B)’’; and 

21 (E) by inserting ‘‘, or (C) the person has 

22 been in the custody of such individual pursuant 

23 to a court order for a period of not less than 

24 12 months’’ before the first period. 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 1660 IS

1 (b) CONFORMING AMENDMENTS.—Section 202(d)(1) 

2 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend3 ed— 

4 (1) by striking ‘‘subparagraphs (A), (B), and 

5 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 

6 subparagraph (C) or paragraph (9) (as applicable)’’; 

7 and 

8 (2) by striking ‘‘subparagraphs (B) and (C)’’ 

9 and inserting ‘‘subparagraph (B) and subparagraph 

10 (C) or paragraph (9) (as applicable)’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the first day of the first 

13 fiscal year that begins after the date of enactment of this 

14 Act. 

15 SEC. 3. ELIMINATING BARRIERS TO TANF FOR CHILDREN 

16 AND OLDER CARETAKER RELATIVES. 

17 (a) BROADENING GOOD CAUSE EXCEPTION TO RE18 QUIREMENT TO PROVIDE INFORMATION ON NONCUSTO19 DIAL PARENTS.—Section 454(29)(A)(i) of the Social Se20 curity Act (42 U.S.C. 654(29)(A)(i)) is amended by strik21 ing ‘‘best interests of the child’’ and inserting ‘‘best inter22 ests of the child, including, if enforcement procedures 

23 against a non-custodial parent of the child are initiated, 

24 whether such procedures will impede the parent’s ability 

25 to reunify with the child in the future’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 1660 IS

1 (b) DISREGARD OF NONPARENT CARETAKER REL2 ATIVE INCOME, ASSETS, AND RESOURCES IN CHILD-ONLY

3 CASES.— 

4 (1) IN GENERAL.—Section 408(a) of the Social 

5 Security Act (42 U.S.C. 608(a)) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(13) DISREGARD OF INCOME, ASSETS, AND

8 RESOURCES FOR NONPARENT CARETAKER REL9 ATIVES IN CHILD-ONLY CASES.— 

10 ‘‘(A) IN GENERAL.—With respect to a 

11 minor child who does not reside in the same 

12 household as a parent of the child, a State to 

13 which a grant is made under section 403 shall 

14 not take into account the income, assets, or re15 sources of such child’s nonparent caretaker rel16 ative who is not seeking assistance under the 

17 State program funded under this part or any 

18 other State program funded with qualified 

19 State expenditures (as defined in section 

20 409(a)(7)(B)(i)) on their own behalf in deter21 mining whether the child is eligible for assist22 ance under any such program, or in deter23 mining the amount or types of such assistance 

24 to be provided to the child. 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 1660 IS

1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply in the case of a State pro3 gram— 

4 ‘‘(i) that is operated specifically for 

5 children living with nonparent caretaker 

6 relatives; 

7 ‘‘(ii) that provides monthly financial 

8 assistance to a child living with a non9 parent caretaker relative in an amount 

10 that is greater than the amount of assist11 ance that the child would receive on the 

12 child’s own behalf under the State program 

13 funded under this part; 

14 ‘‘(iii) that is separate from the State 

15 program funded under this part; and 

16 ‘‘(iv) that is described in the State 

17 plan submitted under section 402.’’. 

18 (2) PENALTY.—Section 409(a) of the Social Se19 curity Act (42 U.S.C. 609(a)) is amended by adding 

20 at the end the following new paragraph: 

21 ‘‘(17) PENALTY FOR FAILURE TO DISREGARD

22 INCOME, ASSETS, AND RESOURCES OF NONPARENT

23 CARETAKER RELATIVE IN CHILD-ONLY CASES.—If 

24 the Secretary determines that a State to which a 

25 grant is made under section 403 in a fiscal year has 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 1660 IS

1 violated section 408(a)(13) during the fiscal year, 

2 the Secretary shall reduce the grant payable to the 

3 State under section 403(a)(1) for the immediately 

4 succeeding fiscal year by an amount equal to 3 per5 cent of the State family assistance grant.’’. 

6 (c) ELIMINATING 5-YEAR CAP ON ASSISTANCE IN

7 CHILD-ONLY CASES.— 

8 (1) IN GENERAL.—Section 408(a)(7) of the So9 cial Security Act (42 U.S.C. 608(a)(7)) is amended 

10 by adding at the end the following new subpara11 graph: 

12 ‘‘(H) NO LIMIT FOR CHILD-ONLY CASES.— 

13 A State shall not limit the number of months 

14 of assistance under the State program funded 

15 under this part or any other State program 

16 funded with qualified State expenditures (as de17 fined in section 409(a)(7)(B)(i)) for a family in 

18 which all adults in the family— 

19 ‘‘(i) are nonparent caretaker relatives 

20 of a child who does not reside in the same 

21 household of the parent of the child; and 

22 ‘‘(ii) do not receive assistance under 

23 the State program funded under this part 

24 or any other State program funded with 

25 qualified expenditures (as defined in secVerDate Sep 11 2014 02:51 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1660.IS S1660

pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 1660 IS

1 tion 409(a)(7)(B)(i)) on their own be2 half.’’. 

3 (2) PENALTY.—Section 409(a) of the Social Se4 curity Act (42 U.S.C. 609(a)), as previously amend5 ed by this section, is amended— 

6 (A) in paragraph (9), by inserting ‘‘(other 

7 than subparagraph (H))’’ after ‘‘section 

8 408(a)(7)’’; and 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(18) PENALTY FOR FAILURE TO COMPLY WITH

12 5-YEAR CAP EXEMPTIONS.—If the Secretary deter13 mines that a State to which a grant is made under 

14 section 403 in a fiscal year has violated subpara15 graph (H) of section 408(a)(7) during the fiscal 

16 year, the Secretary shall reduce the grant payable to 

17 the State under section 403(a)(1) for the imme18 diately succeeding fiscal year by an amount equal to 

19 3 percent of the State family assistance grant’’. 

20 (d) EXEMPTION FROM WORK REQUIREMENTS FOR

21 NONPARENT CARETAKER RELATIVES IN CHILD-ONLY

22 CASES.— 

23 (1) IN GENERAL.—Section 408 of the Social 

24 Security Act (42 U.S.C. 608) is amended by adding 

25 at the end the following new subsection: 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•S 1660 IS

1 ‘‘(h) STATE REQUIRED TO EXEMPT NONPARENT

2 CARETAKER RELATIVES FROM WORK PARTICIPATION IN

3 CHILD-ONLY CASES.—A State shall not require an indi4 vidual to engage in work if the individual— 

5 ‘‘(1) is the nonparent caretaker relative of a 

6 child who does not reside in the same household as 

7 a parent of the child; and 

8 ‘‘(2) resides in a household in which no adult 

9 receives assistance under the State program funded 

10 under this part or any other State program funded 

11 with qualified expenditures (as defined in section 

12 409(a)(7)(B)(i)) on their own behalf.’’. 

13 (2) PENALTY.—Section 409(a) of the Social Se14 curity Act (42 U.S.C. 609(a)), as previously amend15 ed by this section, is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(19) PENALTY FOR FAILURE TO COMPLY WITH

18 WORK PARTICIPATION EXEMPTIONS.—If the Sec19 retary determines that a State to which a grant is 

20 made under section 403 in a fiscal year has violated 

21 subsection (h) of section 408 during the fiscal year, 

22 the Secretary shall reduce the grant payable to the 

23 State under section 403(a)(1) for the immediately 

24 succeeding fiscal year by an amount equal to 3 per25 cent of the State family assistance grant.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•S 1660 IS

1 (e) ELIMINATING 5-YEAR CAP ON ASSISTANCE FOR

2 OLDER CARETAKER RELATIVES.— 

3 (1) IN GENERAL.—Section 408(a)(7) of the So4 cial Security Act (42 U.S.C. 608(a)(7)), as amended 

5 by subsection (c)(1), is amended by adding at the 

6 end the following new subparagraph: 

7 ‘‘(I) NON-APPLICATION OF LIMIT TO

8 OLDER CARETAKER RELATIVES.— 

9 ‘‘(i) NO LIMIT FOR OLDER CARE10 TAKER RELATIVES.—Subparagraph (A) 

11 shall not apply and a State shall not limit 

12 the number of months of assistance under 

13 the State program funded under this part 

14 or any other State program funded with 

15 qualified State expenditures (as defined in 

16 section 409(a)(7)(B)(i)) based on receipt 

17 of such assistance by an individual who is 

18 an older caretaker relative (as defined for 

19 purposes of paragraph (14)). 

20 ‘‘(ii) DISREGARD OF MONTHS OF AS21 SISTANCE .—In determining the number of 

22 months for which a family that includes an 

23 adult who has received assistance under 

24 the State program funded under this part 

25 or any other State program funded with 


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•S 1660 IS

1 qualified State expenditures (as defined in 

2 section 409(a)(7)(B)(i)), the State shall 

3 disregard any month for which such assist4 ance was provided with respect to the fam5 ily during which such adult was an older 

6 caretaker relative (as defined for purposes 

7 of paragraph (14)).’’. 

8 (2) PENALTY.—Section 409(a) of the Social Se9 curity Act (42 U.S.C. 609(a)), as previously amend10 ed by this section, is amended— 

11 (A) in paragraph (9), by inserting ‘‘or (I)’’ 

12 after ‘‘subparagraph (H)’’; and 

13 (B) in paragraph (18), by inserting ‘‘or 

14 (I)’’ after ‘‘subparagraph (H)’’. 

15 (f) EXEMPTION FROM WORK REQUIREMENTS FOR

16 OLDER CARETAKER RELATIVES.— 

17 (1) IN GENERAL.—Section 408 of the Social 

18 Security Act (42 U.S.C. 608), by subsection (d)(1), 

19 is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(i) STATE REQUIRED TO EXEMPT OLDER CARE22 TAKER RELATIVES FROM WORK PARTICIPATION WHERE

23 CARETAKER RECEIVES ASSISTANCE.—A State shall not 

24 require an individual to engage in work, and, at the option 

25 of the State and on a case-by-case basis, may disregard 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•S 1660 IS

1 such individual in determining the participation rates 

2 under section 407(a), if the individual— 

3 ‘‘(1) is an older caretaker relative (as defined 

4 for purposes of subsection (a)(14)); and 

5 ‘‘(2) directly receives assistance on the individ6 ual’s own behalf under the State program funded 

7 under this part or any other State program funded 

8 with qualified expenditures (as defined in section 

9 409(a)(7)(B)(i)).’’. 

10 (2) PENALTY.—Paragraph (18) of section 

11 409(a) of the Social Security Act (42 U.S.C. 

12 609(a)), as added by subsection (d)(2), is amended 

13 by inserting ‘‘or (i)’’ after ‘‘subsection (h)’’. 

14 (3) CONFORMING AMENDMENTS.—402(a)(1)(A) 

15 of the Social Security Act (42 U.S.C. 602(a)(1)(A)) 

16 is amended— 

17 (A) in clause (ii), by inserting ‘‘and subject 

18 to subsection (h) and (i) of section 408’’ before 

19 the period; and 

20 (B) in clause (iii), by inserting ‘‘and sub21 ject to subsection (h) and (i) of section 408’’ 

22 before the period. 

23 (g) DISREGARD OF INCOME, ASSETS, AND RE24 SOURCES FOR OLDER CARETAKER RELATIVES.— 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•S 1660 IS

1 (1) IN GENERAL.—Section 408(a) of the Social 

2 Security Act (42 U.S.C. 608(a)), as previously 

3 amended by this section, is amended by adding at 

4 the end the following new paragraph: 

5 ‘‘(14) DISREGARD OF INCOME, ASSETS, AND

6 RESOURCES FOR OLDER CARETAKER RELATIVES.— 

7 ‘‘(A) IN GENERAL.—In determining the 

8 eligibility for, and amount of, assistance under 

9 the State program funded under this part or 

10 any other State program funded with qualified 

11 State expenditures (as defined in section 

12 409(a)(7)(B)(i)) for a family that includes an 

13 individual who is an older caretaker relative (as 

14 defined in subparagraph (B)), a State to which 

15 a grant is made under section 403 shall not 

16 take into account the income, assets, or re17 sources of that individual. 

18 ‘‘(B) DEFINITION.— 

19 ‘‘(i) IN GENERAL.—For purposes of 

20 this paragraph, the term ‘older caretaker 

21 relative’ means an individual who— 

22 ‘‘(I) subject to clause (ii), has at23 tained age 55; and 

24 ‘‘(II) is the primary caretaker for 

25 a minor child who— 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•S 1660 IS

1 ‘‘(aa) is living with the indi2 vidual; 

3 ‘‘(bb) does not have a parent 

4 living in the home; and 

5 ‘‘(cc) is a relative of the in6 dividual. 

7 ‘‘(ii) STATE OPTION TO MODIFY AGE

8 CRITERION.—At the option of a State, 

9 such term shall include an individual who 

10 has not attained age 55. 

11 ‘‘(iii) DETERMINATION TO BE MADE

12 BY STATE.—The determination of whether 

13 an individual meets the criteria described 

14 in clause (i)(II) shall be made by the 

15 State.’’. 

16 (2) PENALTY.—Section 409(a) of the Social Se17 curity Act (42 U.S.C. 609(a)), as previously amend18 ed by this section, is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(20) PENALTY FOR FAILURE TO DISREGARD

21 INCOME, ASSETS, AND RESOURCES FOR OLDER

22 CARETAKER RELATIVES.—If the Secretary deter23 mines that a State to which a grant is made under 

24 section 403 in a fiscal year has violated section 

25 408(a)(14) during the fiscal year, the Secretary 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•S 1660 IS

1 shall reduce the grant payable to the State under 

2 section 403(a)(1) for the immediately succeeding fis3 cal year by an amount equal to 3 percent of the 

4 State family assistance grant.’’. 

5 (h) ENSURING EQUITABLE TREATMENT FOR OLDER

6 CARETAKER RELATIVES UNDER TANF.— 

7 (1) STATE NOTIFICATIONS TO OLDER CARE8 TAKER RELATIVES OF CHILD TANF RECIPIENTS.— 

9 (A) IN GENERAL.—Section 408(a) of the 

10 Social Security Act (42 U.S.C. 608(a)), as pre11 viously amended by this section, is amended by 

12 adding at the end the following: 

13 ‘‘(15) STATE REQUIREMENTS REGARDING NO14 TICE TO RELATIVE CARETAKERS.—A State to which 

15 a grant is made under section 403 shall— 

16 ‘‘(A) ensure that the State agency respon17 sible for administering the State program fund18 ed under this part employs a resource employee 

19 who is trained to provide guidance to an older 

20 caretaker relative of a minor child if the child 

21 is a recipient of assistance under the program 

22 (or under a State program funded with quali23 fied State expenditures (as defined in section 

24 409(a)(7)(B)(i))), on legal options regarding 

25 custody and guardianship of the child, including 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•S 1660 IS

1 explaining to the relative caretaker how each 

2 legal option corresponds to the availability of 

3 benefits and services, and who serves as a liai4 son with other agencies and community organi5 zations that provide resources and assistance to 

6 relative caretakers; and 

7 ‘‘(B) ensure that the State agency provides 

8 to any older caretaker relative of a minor child 

9 if the child is a recipient of assistance under 

10 the State program funded under this part (or 

11 under a State program funded with qualified 

12 State expenditures (as defined in section 

13 409(a)(7)(B)(i))), written notice that— 

14 ‘‘(i) explains the options of the older 

15 caretaker relative under Federal, State, 

16 and local law to participate in the care and 

17 placement of the child, including the finan18 cial ramifications of the options and any 

19 options that may be lost by choosing cer20 tain benefits; 

21 ‘‘(ii) describes the requirements under 

22 section 471(a)(10) to become a foster fam23 ily home and the additional services and 

24 supports that are available for a child 

25 placed in such a home; 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•S 1660 IS

1 ‘‘(iii) if the State has elected the op2 tion to make guardianship assistance pay3 ments under section 471(a)(28), describes 

4 how the relative caretaker may enter into 

5 an agreement with the State to receive the 

6 payments; 

7 ‘‘(iv) describes policies under the 

8 State program funded under this part that 

9 are designed to help older caretaker rel10 atives, including income, asset, and re11 source exemptions in determining program 

12 eligibility, ‘good cause’ exemptions to child 

13 support enforcement policies, and work re14 quirement exemptions; 

15 ‘‘(v) provides direct contact informa16 tion for other agencies and community or17 ganizations that provide resources and as18 sistance, such as housing, supplemental 

19 nutrition assistance, health care, and child 

20 care; and 

21 ‘‘(vi) provides direct contact informa22 tion for the resource employee described in 

23 subparagraph (A).’’. 

24 (B) INCLUSION IN STATE PLAN.—Section 

25 402(a)(1)(B) of such Act (42 U.S.C. 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•S 1660 IS

1 602(a)(1)(B)) is amended by adding at the end 

2 the following: 

3 ‘‘(vi) The document shall provide a 

4 detailed explanation of how the State in5 tends to comply with section 408(a)(15).’’. 

6 (C) PENALTY.—Section 409(a) of such Act 

7 (42 U.S.C. 609(a)) is amended by adding at the 

8 end the following: 

9 ‘‘(21) FAILURE TO NOTIFY RELATIVE CARE10 TAKERS.—If the Secretary determines that a State 

11 to which a grant is made under section 403 for a 

12 fiscal year has violated section 408(a)(15) during 

13 the fiscal year, the Secretary shall reduce the grant 

14 payable to the State under section 403(a)(1) for the 

15 immediately succeeding fiscal year by an amount 

16 equal to 4 percent of the grant.’’. 

17 (2) STATE TREATMENT OF RELATIVE CARE18 TAKERS OF CHILD TANF RECIPIENTS.—Section 

19 402(a)(1)(B) of the Social Security Act (42 U.S.C. 

20 602(a)), as amended by paragraph (2)(B), is further 

21 amended by adding at the end the following: 

22 ‘‘(vii) The document shall provide a 

23 detailed explanation of the State’s treat24 ment of older caretaker relatives of minor 

25 children, in cases in which the child is a 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•S 1660 IS

1 recipient of assistance under the State pro2 gram funded under this part (or under a 

3 State program funded with qualified State 

4 expenditures (as defined in section 

5 409(a)(7)(B)(i))), including— 

6 ‘‘(I) information regarding how 

7 the State defines terms such as ‘rel8 ative’, ‘fictive kin’, and ‘caretaker’; 

9 ‘‘(II) a description of the training 

10 received by caseworkers of the State 

11 agency responsible for administering 

12 the program in relation to older care13 taker relatives of minor children, in 

14 cases in which the child is such a re15 cipient; 

16 ‘‘(III) an explanation of the ways 

17 in which assistance available under 

18 the program to an older relative care19 taker of a minor child is affected by 

20 the temporary presence in the home of 

21 a biological parent of the child; and 

22 ‘‘(IV) an explanation of how ben23 efits are adjusted for older caretaker 

24 relatives including income, asset, and 

25 resource exemptions in determining 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•S 1660 IS

1 program eligibility, ‘good cause’ ex2 emptions to child support enforcement 

3 policies, and work requirement exemp4 tions.’’. 

5 (3) ENHANCED DATA REPORTING.—Section 

6 411(a)(7) of the Social Security Act (42 U.S.C. 

7 611(a)(7)) is amended by adding at the end the fol8 lowing: ‘‘The Secretary shall also prescribe regula9 tions to improve the reporting of data on the eco10 nomic well-being and circumstances of families with 

11 older relative caretakers of minor children, including, 

12 to the extent practicable, information relating to— 

13 ‘‘(A) all adults in the family, including 

14 whether or not such adults are recipients of as15 sistance under the State program funded under 

16 this part (or under a State program funded 

17 with qualified State expenditures (as defined in 

18 section 409(a)(7)(B)(i))); 

19 ‘‘(B) all minor children in the family, in20 cluding whether any such minor child— 

21 ‘‘(i) is required to be included in the 

22 foster care reporting population for pur23 poses of the Adoption and Foster Care 

24 Analysis Reporting System (AFCARS) es25 tablished pursuant to section 479; or 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•S 1660 IS

1 ‘‘(ii) is not required to be so included 

2 in such foster care reporting population, 

3 but— 

4 ‘‘(I) is receiving services in the 

5 home of the relative caretaker that 

6 are supervised or administered by the 

7 State agency responsible for admin8 istering the State plan approved 

9 under part B; 

10 ‘‘(II) was placed with the relative 

11 caretaker to prevent the need for fos12 ter care as a result of an intervention 

13 on behalf of the child which was car14 ried out or supervised by the State 

15 agency administering the State plans 

16 under parts B and E; or 

17 ‘‘(III) was placed with the rel18 ative caretaker upon formal discharge 

19 from the care and placement responsi20 bility of the State agency admin21 istering the plans under part B or E; 

22 ‘‘(iii) all families who applied for a 

23 good-cause exemption to the State’s child 

24 enforcement cooperation policies; and 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•S 1660 IS

1 ‘‘(iv) all families who received a good2 cause exemption to the State’s child en3 forcement cooperation policies.’’. 

4 (i) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section 

7 shall take effect on the first day of the first fiscal 

8 year that begins after the date of enactment of this 

9 Act. 

10 (2) DELAY PERMITTED.— 

11 (A) IN GENERAL.—Before the date de12 scribed in subparagraph (B), a State plan 

13 under title IV of the Social Security Act shall 

14 not be regarded as failing to comply with an ad15 ditional requirement imposed on the plan by 

16 this section if the Secretary of Health and 

17 Human Services determines that such addi18 tional requirement— 

19 (i) requires State legislation (other 

20 than legislation appropriating funds) in 

21 order for the plan to meet such additional 

22 requirement; or 

23 (ii) could not practicably be met by 

24 the plan before such date. 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•S 1660 IS

1 (B) DATE DESCRIBED.—For purposes of 

2 subparagraph (A), the date described in this 

3 subparagraph is, with respect to a State, the 

4 first day of the first calendar quarter beginning 

5 after the close of the first regular session of the 

6 State legislature that begins after the date of 

7 enactment of this section. For purposes of the 

8 previous sentence, in the case of a State that 

9 has a 2-year legislative session, each year of 

10 such session shall be deemed to be a separate 

11 regular session of the State legislature. 

12 SEC. 4. IMPROVING THE COLLECTION OF CHILD SUPPORT 

13 FOR FAMILIES RECEIVING TANF ASSISTANCE. 

14 (a) IN GENERAL.—Section 454 of the Social Security 

15 Act (42 U.S.C. 654) is amended— 

16 (1) by redesignating paragraphs (30) through 

17 (34) as paragraphs (31) through (35), respectively; 

18 and 

19 (2) by inserting after paragraph (29) the fol20 lowing: 

21 ‘‘(30) include a description of— 

22 ‘‘(A) the methods used by the State to de23 termine whether an individual who has applied 

24 for or is receiving assistance under the State 

25 program funded under part A, the State proVerDate Sep 11 2014 02:51 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1660.IS S1660

pamtmann on DSKBFK8HB2PROD with BILLS
24 

•S 1660 IS

1 gram under part E, the State program under 

2 title XIX, or the supplemental nutrition assist3 ance program, as defined under section 3(h) of 

4 the Food and Nutrition Act of 2008 (7 U.S.C. 

5 2012(h)), is cooperating in good faith with the 

6 State in establishing paternity or in estab7 lishing, modifying, or enforcing a support order, 

8 as provided in paragraph (29); 

9 ‘‘(B) the State’s process for determining in 

10 a timely manner whether such an individual 

11 satisfies the cooperation requirement described 

12 in subparagraph (A) due to the individual’s 

13 participation in another State or Federal assist14 ance program; 

15 ‘‘(C) the good cause or other exceptions to 

16 the cooperation requirement that the State rec17 ognizes, including an explanation of any special 

18 requirements or considerations for an older rel19 ative caretaker seeking to apply for such an ex20 ception; and 

21 ‘‘(D) how the State makes clear to an indi22 vidual who has applied for or is receiving assist23 ance under a program referred to in subpara24 graph (A)— 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•S 1660 IS

1 ‘‘(i) what, if anything, the individual 

2 needs to do in order to satisfy the coopera3 tion requirement, including explaining to 

4 the individual how the individual might 

5 satisfy the requirement through participa6 tion in another State or Federal assistance 

7 program; 

8 ‘‘(ii) the effect on the individual’s eli9 gibility to receive assistance under a pro10 gram referred to in subparagraph (A), and 

11 under other State or Federal assistance 

12 programs, if the individual fails to satisfy 

13 the cooperation requirement; and 

14 ‘‘(iii) the good cause or other excep15 tions to the cooperation requirement for 

16 which the individual may be eligible, in17 cluding the standard of proof required to 

18 qualify for each exception and an expla19 nation of any special requirements or con20 siderations for older caretaker relatives;’’. 

21 (b) CONFORMING AMENDMENTS.—Title IV of the So22 cial Security Act (42 U.S.C. 601 et seq.) is amended— 

23 (1) in section 452(k)(1), by striking ‘‘section 

24 454(31)’’ and inserting ‘‘section 454(32)’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•S 1660 IS

1 (2) in section 454, in the matter following para2 graph (35) (as redesignated by subsection (a)) by 

3 striking ‘‘paragraph (33)’’ and inserting ‘‘paragraph 

4 (34)’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the first day of the first 

7 fiscal year that begins after the date of enactment of this 

8 Act. 

9 SEC. 5. ENCOURAGING STATES TO ADOPT TEMPORARY 

10 GUARDIANSHIP LAWS. 

11 (a) IN GENERAL.—Section 474(a)(7) of the Social 

12 Security Act (42 U.S.C. 674(a)(7)) is amended by insert13 ing ‘‘(or, in the case of a State that has in effect for the 

14 quarter a temporary guardianship law (as defined in sec15 tion 475(14)), 75 percent)’’ after ‘‘50 percent’’. 

16 (b) DEFINITION.—Section 475 of the Social Security 

17 Act (42 U.S.C. 675) is amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(14)(A) The term ‘temporary guardianship law’ 

20 means a State law that allows for the establishment, by 

21 operation of such law and through an easily navigable sim22 ple civil process, of a relationship between a child and a 

23 nonparent caretaker who has taken responsibility for car24 ing for the child in the absence of the child’s parents in 

25 which some of the parental rights with respect to the child 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•S 1660 IS

1 are transferred to the caretaker for a specified period of 

2 time which may be extended or renewed, except that the 

3 total period of time for which such rights are transferred 

4 to the caretaker (including any extensions or renewals) 

5 shall not exceed a maximum period of time (as established 

6 by the State). 

7 ‘‘(B) Under the process established under a law de8 scribed in subparagraph (A)— 

9 ‘‘(i) court fees shall be waived or reduced; and 

10 ‘‘(ii) any court forms or filings related to the 

11 process are easy enough to understand that a non12 parent caretaker who has taken responsibility for 

13 caring for the child in the absence of the child’s par14 ents could reasonably complete such forms or filings 

15 without legal assistance.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the first day of the first 

18 fiscal year that begins after the date of enactment of this 

19 Act. 

20 SEC. 6. GUIDANCE. 

21 (a) GUIDANCE TO STATES ON ENSURING AWARE22 NESS OF CHILD WELFARE SYSTEM AMONG KINSHIP

23 CAREGIVERS.—Not later than the first day of the first fis24 cal year that begins after the date of enactment of this 

25 Act, the Secretary of Health and Human Services shall 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•S 1660 IS

1 issue guidance to States on ways to ensure that kinship 

2 caregivers who receive assistance under a State program 

3 funded under part A of title IV of the Social Security Act 

4 (42 U.S.C. 601 et seq.) or any other State program fund5 ed with qualified State expenditures (as defined in section 

6 409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))) 

7 are— 

8 (1) provided with information about any appro9 priate assistance and services available to them 

10 through the child welfare system of the State, in11 cluding eligibility for foster care licensure and path12 ways to guardianship assitance programs or adop13 tion subsidies, and how to access such assistance 

14 and services; and 

15 (2) referred to any kinship navigator program 

16 operated by the State. 

17 (b) GUIDANCE ON COORDINATING ASSISTANCE FOR

18 CAREGIVERS.—Not later than the first day of the first fis19 cal year that begins after the date of enactment of this 

20 Act, the Secretary of Health and Human Services shall 

21 issue guidance for States identifying options for State pro22 grams, including programs funded under title IV of the 

23 Social Security Act (42 U.S.C. 601 et seq.), programs 

24 funded under the Older Americans Act of 1965 (42 U.S.C. 

25 3001 et seq.), and other relevant programs that are jointly 


pamtmann on DSKBFK8HB2PROD with BILLS
29 

•S 1660 IS

1 funded or administered by States and the Federal Govern2 ment, to collaborate, coordinate, and streamline outreach 

3 to, and processing of applications of assistance, for grand4 parents and older relative caregivers or kinship caregivers 

5 caring for grandchildren and other relative children resid6 ing with them. 

7 SEC. 7. GRANT PROGRAM FOR GRANDFAMILY HOUSING. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘grandfamily housing’’ means 

10 housing units dedicated to low-income— 

11 (A) grandparents caring full-time for a 

12 grandchild; or 

13 (B) older relative caregivers caring full14 time for a relative child; 

15 (2) the term ‘‘grandfamily resident service coor16 dinator’’ means an individual who— 

17 (A) is an employee or contractor of an 

18 owner of grandfamily housing; 

19 (B) assists grandparents and older relative 

20 caregivers with the process of applying to and 

21 moving into the grandfamily housing; and 

22 (C) regularly— 

23 (i) assesses the needs of the residents, 

24 on a collective and family basis, of the 

25 grandfamily housing; and 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•S 1660 IS

1 (ii) plans and executes grandfamily 

2 housing programming services based on 

3 the assessment described in clause (i); 

4 (3) the term ‘‘low-income’’ means income that 

5 does not exceed 80 percent of the area median gross 

6 income; 

7 (4) the term ‘‘owner of grandfamily housing’’ 

8 means a nonprofit or for-profit entity that develops, 

9 owns, or operates grandfamily housing; 

10 (5) the term ‘‘public housing’’ has the meaning 

11 given the term in section 3(b) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437a(b)); and 

13 (6) the term ‘‘Secretary’’ means the Secretary 

14 of Housing and Urban Development. 

15 (b) ESTABLISHMENT.—The Secretary shall establish 

16 a program to provide grants to owners of grandfamily 

17 housing for grandfamily resident service coordinators to 

18 support housing programming services, equipment, and 

19 building structures of grandfamily housing. 

20 (c) USE OF FUNDS.—A recipient of a grant under 

21 this section may use the funds— 

22 (1) to plan and execute grandfamily housing 

23 programming services for families living in 

24 grandfamily housing; 


pamtmann on DSKBFK8HB2PROD with BILLS
31 

•S 1660 IS

1 (2) to fund the salaries of grandfamily resident 

2 service coordinators; and 

3 (3) for the construction and upkeep of spaces 

4 within permanent building structures of grandfamily 

5 housing that are used as a place to hold events and 

6 services for families living in grandfamily housing 

7 and to carry out the requirement under subsection 

8 (d). 

9 (d) REQUIREMENT.—As a condition of receiving a 

10 grant under this section, a recipient shall, through coordi11 nation with local kinship navigator programs, as estab12 lished in section 474(a)(7) of the Social Security Act (42 

13 U.S.C. 674(a)(7)), engage with the larger community of 

14 grandparents and older relative caretakers raising relative 

15 children by performing periodic informational outreach to 

16 and holding periodic events for grandfamilies living in the 

17 close geographical area to the grandfamily housing but not 

18 living in the building, with special attention given to 

19 grandparents and older relative caretakers who care for 

20 children and live in public housing. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary to carry 

23 out this section $10,000,000 for each of fiscal years 2020 

24 and 2021. 


pamtmann on DSKBFK8HB2PROD with BILLS
32 

•S 1660 IS

1 SEC. 8. STATE SUPPORT PLANS FOR GRANDPARENTS CAR2 ING FOR GRANDCHILDREN. 

3 (a) IN GENERAL.—Not later than the first day of the 

4 first fiscal year that begins after the date of enactment 

5 of this Act, from amounts appropriated to carry out this 

6 section, the Secretary of Health and Human Services shall 

7 award grants to States for purposes of developing State 

8 support plans for grandparents caring for grandchildren 

9 and other relatives caring for relative children. 

10 (b) REQUIREMENTS.—A State support plan for 

11 grandparents caring for grandchildren and other relatives 

12 caring for relative children that is funded by a grant under 

13 this section shall include the following: 

14 (1) An initial assessment of the state of grand15 parents caring for grandchildren and other relatives 

16 caring for relative children in the State. 

17 (2) A plan for how appropriate State agencies 

18 can collaborate in their efforts to provide financial 

19 support, housing services, and other services and 

20 supports to grandparents caring for grandchildren 

21 and other relatives caring for relative children. 

22 (3) Steps that the State proposes to take over 

23 the next 5 years to ensure that grandparents caring 

24 for grandchildren and other relatives caring for rel25 ative children have necessary resources. 


pamtmann on DSKBFK8HB2PROD with BILLS
33 

•S 1660 IS

1 (4) A plan to simplify or combine application 

2 requirements for State public assistance programs to 

3 reduce administrative burdens on recipients, with a 

4 focus on families consisting of grandparents or other 

5 older caretaker relatives raising relative children. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated $10,000,000 to carry 

8 out this section. 

9 SEC. 9. NATIONAL TECHNICAL ASSISTANCE CENTER ON 

10 GRANDFAMILIES. 

11 (a) IN GENERAL.—Not later than the first day of the 

12 first fiscal year that begins after the date of enactment 

13 of this Act, the Administrator of the Administration for 

14 Community Living shall establish a National Technical 

15 Assistance Center on Grandfamilies (in this section re16 ferred to as the ‘‘Center’’) to conduct the activities de17 scribed in subsection (b). 

18 (b) ACTIVITIES OF CENTER.—The Center— 

19 (1) shall engage experienced experts to identify 

20 model practices or programs, related to health, nu21 trition, housing, and other related issues, to help 

22 serve children, parents, and caregivers in 

23 grandfamilies; 

24 (2) may develop guidelines for States to encour25 age best practices to support grandfamilies impacted 


pamtmann on DSKBFK8HB2PROD with BILLS
34 

•S 1660 IS

1 by parental substance use, including ways to help 

2 caregivers meet children’s health, development, and 

3 wellbeing needs (including promotion of safe sleep 

4 practices), support birth parents’ access, engage5 ment, and success in treatment, support birth par6 ents’ formation of a healthy attachment with their 

7 children, and promote positive parenting (including 

8 co-parenting support) skills for both relative care9 givers and birthparents; and 

10 (3) may facilitate learning across States and 

11 provide technical assistance and resources to individ12 uals and entities that directly work with all 3 gen13 erations in grandfamilies. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $5,000,000 to carry out 

16 this section. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS