II 

109TH CONGRESS 

1ST SESSION S. 985 

To establish kinship navigator programs, to establish kinship guardianship 

assistance payments for children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2005 

Mrs. CLINTON (for herself, Ms. SNOWE, Mr. JOHNSON, and Mr. COCHRAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To establish kinship navigator programs, to establish kinship 

guardianship assistance payments for children, and for 

other purposes. 

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 ‘‘Kinship Caregiver Sup5 port Act’’. 

6 TITLE I—KINSHIP NAVIGATOR 

7 PROGRAM 

8 SEC. 101. FINDINGS. 

9 Congress finds the following: 
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1 (1) The 2000 decennial census states that— 

2 (A) more that 4,500,000 children in the 

3 United States are living in grandparent-headed 

4 households, a 30 percent increase from 1990 to 

5 2000; and 

6 (B) an additional 1,500,000 children in the 

7 United States are living in households headed 

8 by other relatives. 

9 (2) In the 2000 decennial census, over 

10 2,400,000 grandparents reported that they were pri11 marily responsible for meeting the basic needs of 

12 their grandchildren, and parents were not present in 

about 1 13 ⁄3 of the families involved. 

14 (3) According to the 2000 decennial census, almost 1 15 ⁄5 of grandparents responsible for their grand16 children live in poverty. 

17 (4) Kinship caregivers (as defined in section 

18 103) often face a variety of unnecessary barriers, in19 cluding difficulties enrolling children in school, au20 thorizing medical treatment, maintaining public 

21 housing leases, obtaining affordable legal services, 

22 obtaining custody of children or otherwise achieving 

23 permanency for children in their care, and accessing 

24 a variety of Federal benefits and services. 
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1 (5) Kinship caregivers can help to keep children 

2 from entering the foster care system, and provide 

3 safe and permanent homes, but need services and 

4 supports to do so. They need better access to health 

5 insurance, respite care, child care, special education, 

6 housing, and other benefits. 

7 (6) Surveys and research on the needs of kin8 ship caregivers report that one of their greatest chal9 lenges in raising children is getting accurate infor10 mation about— 

11 (A) the benefits and services that are avail12 able to their families, such as health and mental 

13 health care, assistance provided under the pro14 gram of block grants to States for temporary 

15 assistance for needy families established under 

16 part A of title IV of the Social Security Act (42 

17 U.S.C. 601 et seq.), kinship or foster care, kin18 ship assistance and adoption assistance, child 

19 care and early education, special education, and 

20 other services for children with disabilities; and 

21 (B) the legal authority, responsibilities, 

22 and rights of kinship caregivers. 

23 (7) Funding for kinship navigator programs 

24 can— 
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1 (A) help kinship care families better use 

2 existing programs and services; and 

3 (B) increase the capacity of public and pri4 vate not-for-profit agencies, including commu5 nity-based and faith-based agencies, and includ6 ing agencies carrying out related Federal pro7 grams, such as the National Family Caregiver 

8 Support Program under part E of title III of 

9 the Older Americans Act of 1965 (42 U.S.C. 

10 3030s et seq.), to better serve the needs of kin11 ship care families. 

12 SEC. 102. PURPOSE. 

13 The purposes of this Act are— 

14 (1) to establish kinship navigator programs in 

15 States, large metropolitan areas, and tribal areas to 

16 assist kinship caregivers in navigating their way 

17 through programs and services, to help the care18 givers learn about and obtain assistance to meet the 

19 needs of the children they are raising and their own 

20 needs; and 

21 (2) to promote effective partnerships among 

22 public and private not-for-profit agencies, including 

23 community-based and faith-based agencies, to help 

24 the agencies described in this paragraph more effec25 tively and efficiently serve kinship care families and 
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1 address the fragmentation that creates barriers to 

2 meeting the needs of those families. 

3 SEC. 103. DEFINITIONS. 

4 In this title: 

5 (1) ASSISTANT SECRETARY.—The term ‘‘Assist6 ant Secretary’’ means the Assistant Secretary for 

7 Children and Families of the Department of Health 

8 and Human Services. 

9 (2) KINSHIP CARE FAMILY.—The term ‘‘kinship 

10 care family’’ means a family with a kinship care11 giver. 

12 (3) KINSHIP CAREGIVER.—The term ‘‘kinship 

13 caregiver’’ means a grandparent or stepgrandparent 

14 of a child, or a relative of a child by blood, marriage, 

15 or adoption, who— 

16 (A) lives with the child; 

17 (B) is the primary caregiver of the child 

18 because the biological or adoptive parent of the 

19 child is unable or unwilling to serve as the pri20 mary caregiver of the child; and 

21 (C) has a legal relationship to the child or 

22 is raising the child informally. 

23 (4) LARGE METROPOLITAN AREA.—The term 

24 ‘‘large metropolitan area’’ means a metropolitan sta-
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1 tistical area, as defined by the Bureau of the Cen2 sus, with a population of not less than 1,000,000. 

3 (5) METROPOLITAN AGENCY.—The term ‘‘met4 ropolitan agency’’ means an agency serving a large 

5 metropolitan area, or a county or political subdivi6 sion of a large metropolitan area. 

7 (6) STATE.—The term ‘‘State’’ means any of 

8 the several States, the District of Columbia, the Vir9 gin Islands of the United States, the Commonwealth 

10 of Puerto Rico, Guam, American Samoa, and the 

11 Commonwealth of the Northern Mariana Islands. 

12 (7) TRIBAL AREA.—The term ‘‘tribal area’’ 

13 means the area served by a tribal organization. 

14 (8) TRIBAL ORGANIZATION.—The term ‘‘tribal 

15 organization’’— 

16 (A) means a tribal organization, as defined 

17 in section 658P of the Child Care and Develop18 ment Block Grant Act of 1990 (42 U.S.C. 

19 9858n); and 

20 (B) includes a consortium of tribal organi21 zations described in subparagraph (A). 

22 SEC. 104. GRANTS. 

23 (a) IN GENERAL.—The Assistant Secretary may 

24 make grants to eligible entities to pay for the Federal 
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1 share of the cost of carrying out kinship navigator pro2 grams. 

3 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

4 grant under this section, an entity shall be a State agency, 

5 metropolitan agency, or tribal organization, with experi6 ence in— 

7 (1) addressing the needs of kinship caregivers 

8 or children; and 

9 (2) connecting the children or caregivers with 

10 appropriate services and assistance, such as services 

11 and assistance provided by— 

12 (A) an area agency on aging under the 

13 Older Americans Act of 1965 (42 U.S.C. 3001 

14 et seq.); or 

15 (B) an agency with jurisdiction over child 

16 welfare, income-based financial assistance, 

17 human services, or health matters, or a public 

18 entity that links family resource and support 

19 programs, for the State, large metropolitan 

20 area, or Indian tribe involved. 

21 (c) ALLOCATION OF GRANTS.—Of the funds made 

22 available for grants under this section for each fiscal year, 

23 the Assistant Secretary shall use not less than 50 percent 

24 to make grants to State agencies. 
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1 (d) DURATION OF THE GRANTS.—In making the 

2 grants, the Assistant Secretary shall make grants— 

3 (1) in fiscal year 2006, for periods of 3 years; 

4 (2) in fiscal year 2007, for periods of 2 years; 

5 and 

6 (3) in fiscal year 2008, for periods of 1 year. 

7 SEC. 105. FEDERAL SHARE. 

8 (a) IN GENERAL.—The Federal share of the cost of 

9 carrying out a kinship navigator program under a grant 

10 shall be— 

11 (1) 100 percent in the first year of the grant 

12 period; 

13 (2) 75 percent in the second year (if any) of the 

14 grant period; and 

15 (3) 50 percent in the third year (if any) of the 

16 grant period. 

17 (b) NON-FEDERAL SHARE.—The non-Federal share 

18 of the cost may be provided in cash. Not more than 50 

19 percent of the non-Federal share of the cost may be pro20 vided in kind, fairly evaluated, including plant, equipment, 

21 or services. 

22 SEC. 106. APPLICATIONS. 

23 (a) IN GENERAL.—To be eligible to receive a grant 

24 under this title, an entity shall submit an application to 

25 the Assistant Secretary at such time, in such manner, and 
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1 containing such information as the Assistant Secretary 

2 may require, including, at a minimum, the information de3 scribed in subsection (b). 

4 (b) CONTENTS.—The application shall include the 

5 following: 

6 (1) A description of the steps the entity will 

7 take during the first 6 months of the grant period 

8 to— 

9 (A) identify gaps in services for kinship 

10 care families in the State, large metropolitan 

11 area, or tribal area to be served and the specific 

12 activities that are needed to bridge the gaps; 

13 (B) convene a group of partners to assist 

14 in the operation of the kinship navigator pro15 gram funded through the grant; 

16 (C) utilize or develop relevant technology; 

17 (D) conduct outreach to kinship caregivers 

18 about the kinship navigator program; and 

19 (E) develop a plan for reaching kinship 

20 caregivers, ensuring that the caregivers can ac21 cess the kinship navigator program, and fol22 lowing up to ensure that the caregivers actually 

23 receive necessary services and supports. 

24 (2) An assurance that the entity will provide at 

25 least the core activities specified in paragraphs (1) 
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1 and (2) of section 107(b) for kinship care families 

2 through the kinship navigator program. 

3 (3) A description of the activities the entity ex4 pects to offer over the grant period and the entity’s 

5 initial projection of the number of children and kin6 ship caregivers likely to be served. 

7 (4) A description of how the entity will involve 

8 in the planning and operation of the kinship navi9 gator program, on an ongoing basis— 

10 (A) kinship caregivers; 

11 (B) youth raised or being raised by kinship 

12 caregivers; 

13 (C) representatives of kinship care support 

14 organizations; 

15 (D) relevant government agencies (includ16 ing agencies with jurisdiction over matters re17 lating to aging, mental health, mental retarda18 tion or developmental disabilities, substance 

19 abuse treatment, health, youth services, human 

20 services, education, income-based financial as21 sistance, child welfare, child custody, guardian22 ship, adoption, or child support enforcement); 

23 (E)(i) not-for-profit service providers, in24 cluding community-based and faith-based agen25 cies; and 
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1 (ii) educational institutions; and 

2 (F) other State or local agencies or sys3 tems that promote service coordination or pro4 vide information and referral services, including 

5 the entities that provide the 2–1–1 or 3–1–1 in6 formation systems where applicable. 

7 (5) A description of— 

8 (A) how the entity will coordinate its ac9 tivities with other State or local agencies or sys10 tems that promote service coordination or pro11 vide information and referral services for chil12 dren, families, or older individuals, including 

13 the entities that provide the 2–1–1 or 3–1–1 in14 formation systems where applicable, so as to 

15 avoid duplication of services and the fragmenta16 tion of services that prevents kinship care fami17 lies from getting the help the families need; and 

18 (B) how the entity will encourage regional 

19 cooperation among agencies, particularly agen20 cies serving border communities that may cross 

21 jurisdictional lines, to ensure that kinship care 

22 families will get help. 

23 (6) An assurance that the entity will report at 

24 least annually to the Assistant Secretary, in a man-
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1 ner prescribed by the Assistant Secretary, to ensure 

2 comparability of data across States, on— 

3 (A) activities established with the funds 

4 made available through grants made under this 

5 title; 

6 (B) the numbers and ages of the children 

7 and caregivers assisted through the grants; 

8 (C) the types of the assistance provided; 

9 (D) the outcomes achieved with the assist10 ance; and 

11 (E) the barriers identified to meeting the 

12 needs of kinship care families and plans for ad13 dressing the barriers. 

14 (7) An assurance that the entity, not later than 

15 3 months after the end of the final year of the grant 

16 period, will submit a final report to the Administra17 tion for Children and Families that describes— 

18 (A) the numbers and ages of the children 

19 and caregivers assisted through the grants; 

20 (B) the types of assistance provided; 

21 (C) the outcomes achieved with the assist22 ance; 

23 (D) the barriers to meeting the needs of 

24 kinship care families that were addressed 

25 through the grants; 
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1 (E) the plans of the entity to continue the 

2 kinship navigator program after the grant pe3 riod has ended; 

4 (F) lessons learned during the grant pe5 riod; and 

6 (G) recommendations about the consider7 ations that should be taken into account as the 

8 program carried out under this title is expanded 

9 throughout the Nation. 

10 (c) PREFERENCE.—In awarding grants under this 

11 title, the Assistant Secretary shall give preference to agen12 cies or organizations that can demonstrate that the agen13 cies and organizations will offer the full array of activities 

14 described in section 107(b). 

15 SEC. 107. USE OF GRANT FUNDS. 

16 (a) IN GENERAL.—An entity that receives a grant 

17 under this title may use the funds made available through 

18 the grant directly, or through grants or contracts with 

19 other public or private not-for-profit agencies, including 

20 community-based or faith-based agencies, that have expe21 rience in connecting kinship caregivers with appropriate 

22 services and assistance. 

23 (b) USE OF FUNDS.—An entity that receives a grant 

24 under this title may use the funds made available through 

25 the grant for activities that help to connect kinship care-
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1 givers with the services and assistance required to meet 

2 the needs of the children the caregivers are raising and 

3 their own needs, such as— 

4 (1) establishing and maintaining information 

5 and referral systems that— 

6 (A) assist, through toll free access that in7 cludes access to a live operator, kinship care8 givers, kinship care service providers, kinship 

9 care support group facilitators, and others to 

10 learn about and link to— 

11 (i) local kinship care service providers, 

12 support groups, respite care programs, and 

13 special services for incarcerated parents; 

14 (ii) eligibility and enrollment informa15 tion for Federal, State, and local benefits, 

16 such as— 

17 (I) education (including pre18 school, elementary, secondary, post19 secondary, and special education); 

20 (II) family support services, early 

21 intervention services, mental health 

22 services, substance abuse prevention 

23 and treatment services, services to ad24 dress domestic violence problems, 

25 services to address HIV or AIDS, 
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1 legal services, child support, housing 

2 assistance, and child care; 

3 (III) the disability insurance ben4 efits program established under title 

5 II of the Social Security Act (42 

6 U.S.C. 401 et seq.); 

7 (IV) the program of block grants 

8 to States for temporary assistance for 

9 needy families established under part 

10 A of title IV of the Social Security 

11 Act (42 U.S.C. 601 et seq.); 

12 (V) the supplemental security in13 come program established under title 

14 XVI of the Social Security Act (42 

15 U.S.C. 1381 et seq.); 

16 (VI) the medicaid program estab17 lished under title XIX of the Social 

18 Security Act (42 U.S.C. 1396 et seq.); 

19 (VII) the State children’s health 

20 insurance program established under 

21 title XXI of the Social Security Act 

22 (42 U.S.C. 1397aa et seq.); 

23 (VIII) the program of Federal 

24 payments for foster care and adoption 

25 assistance established under part E of 
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1 title IV of the Social Security Act (42 

2 U.S.C. 670 et seq.), including the pro3 gram of kinship guardianship assist4 ance payments for children established 

5 under section 472A of that Act; and 

6 (IX) the food stamp program es7 tablished under the Food Stamp Act 

8 of 1977 (7 U.S.C. 2011 et seq.); 

9 (iii) relevant training to assist kinship 

10 caregivers in obtaining benefits and serv11 ices and performing their caregiving activi12 ties; and 

13 (iv) relevant legal assistance and help 

14 in obtaining access to legal services, includ15 ing access to legal aid service providers 

16 and statewide elder law hotlines; 

17 (B) provide outreach to kinship care fami18 lies, in collaboration with schools, pediatric care 

19 clinics, kinship care organizations, senior citizen 

20 centers, agencies with jurisdiction over child 

21 welfare or human services, and others to link 

22 the families to the kinship navigator program 

23 and to services and assistance; and 
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1 (C) establish, distribute, and regularly up2 date kinship care resource guides, websites, or 

3 other relevant outreach materials; 

4 (2) promoting partnerships between public and 

5 private not-for-profit agencies, including community6 based and faith-based agencies— 

7 (A) to help the agencies described in this 

8 paragraph more effectively and efficiently meet 

9 the needs of kinship care families; and 

10 (B) to familiarize the agencies about the 

11 special needs of kinship care families, policies 

12 that affect their eligibility for a range of edu13 cation, health, mental health, social, child care, 

14 and child welfare services, income-based finan15 cial assistance, legal assistance, and other serv16 ices and benefits, and the means for making 

17 policies more supportive of kinship care fami18 lies; 

19 (3) establishing and supporting a kinship care 

20 ombudsman who has the authority to actively inter21 vene with State agency staff or service providers 

22 with which the State agency contracts to help en23 sure, through various appropriate means including 

24 working with individual families in an ongoing man-
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1 ner, that kinship caregivers get the services they 

2 need and for which they are eligible; and 

3 (4) supporting other activities that are designed 

4 to assist kinship caregivers in obtaining benefits, 

5 services, and activities designed to improve their 

6 caregiving. 

7 (c) LIMITATION.—Except as provided in subsection 

8 (b)(4), the entity may not use any of the funds made avail9 able through the grant for direct services to children in 

10 kinship care families or to kinship caregivers. 

11 SEC. 108. ADMINISTRATION OF THE PROGRAM. 

12 (a) CONSULTATION.—In administering the program 

13 carried out under this title, the Assistant Secretary for 

14 Children and Families shall periodically consult with the 

15 Assistant Secretary for Aging of the Department of 

16 Health and Human Services. 

17 (b) REGULATIONS AND GUIDANCE.—Not later than 

18 90 days after the date of enactment of this Act, the Assist19 ant Secretary for Children and Families shall issue regula20 tions or guidance that announces the availability of funds 

21 under this title and specifies the procedures for applying 

22 for the funds. 

23 SEC. 109. RESERVATION. 

24 The Assistant Secretary may reserve not more than 

25 1 percent of the funds made available under this title for 
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1 a fiscal year to provide technical assistance to the recipi2 ents of grants under this title related to the purposes of 

3 the grants. 

4 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to carry out 

6 this title $25,000,000 for fiscal year 2006, $50,000,000 

7 for fiscal year 2007, and $75,000,000 for fiscal year 2008. 

8 TITLE II—SUBSIDIZED GUARD9 IANSHIP OPTION FOR TITLE 

10 IV–E 

11 SEC. 201. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 

12 FOR CHILDREN. 

13 (a) IN GENERAL.—Part E of title IV of the Social 

14 Security Act (42 U.S.C. 670–679b) is amended by insert15 ing after section 472 the following: 

16 ‘‘SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAY17 MENTS FOR CHILDREN. 

18 ‘‘(a) IN GENERAL.—Each State with a plan approved 

19 under this part may, at State option, enter into kinship 

20 guardianship assistance agreements to provide kinship 

21 guardianship assistance payments on behalf of children to 

22 grandparents and other relatives who have assumed legal 

23 guardianship (as defined in section 475(7)) of the children 

24 for whom they have cared as foster parents and for whom 

25 they have committed to care for on a permanent basis. 
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1 ‘‘(b) KINSHIP GUARDIANSHIP ASSISTANCE AGREE2 MENT.— 

3 ‘‘(1) IN GENERAL.—In order to receive pay4 ments under section 474(a)(5), a State shall— 

5 ‘‘(A) negotiate and enter into a written 

6 kinship guardianship assistance agreement with 

7 the prospective relative guardian of a child who 

8 meets the requirements of subsection (d); 

9 ‘‘(B) provide the prospective relative 

10 guardian with a copy of the agreement; and 

11 ‘‘(C) certify that any child on whose behalf 

12 kinship guardianship assistance payments are 

13 made under such an agreement shall be pro14 vided medical assistance under title XIX in ac15 cordance with section 1902(a)(10)(A)(i)(I). 

16 ‘‘(2) MINIMUM REQUIREMENTS.—The agree17 ment shall specify, at a minimum— 

18 ‘‘(A) the amount of, and manner in which, 

19 each kinship guardianship assistance payment, 

20 if any, will be provided under the agreement; 

21 ‘‘(B) the additional services and assistance 

22 that the child and relative guardian will be eli23 gible for under the agreement; 

24 ‘‘(C) the procedure by which the relative 

25 guardian may apply for additional services as 
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1 needed, provided the agency and relative guard2 ian agree on the additional services as specified 

3 in the case plan; and 

4 ‘‘(D) subject to paragraph (4), that the 

5 State will pay the nonrecurring expenses associ6 ated with obtaining legal guardianship of the 

7 child. 

8 ‘‘(3) INTERSTATE APPLICATION.—The agree9 ment shall provide— 

10 ‘‘(A) that the agreement shall remain in 

11 effect without regard to the State residency of 

12 the relative guardian; and 

13 ‘‘(B) for the protection (under an inter14 state compact approved by the Secretary or oth15 erwise) of the interests of the child in any case 

16 where the relative guardian and the child move 

17 to another State while the agreement is in ef18 fect. 

19 ‘‘(4) NONRECURRING EXPENSES ASSOCIATED

20 WITH OBTAINING LEGAL GUARDIANSHIP.— 

21 ‘‘(A) IN GENERAL.—For purposes of para22 graph (2)(D), the term ‘nonrecurring expenses 

23 associated with obtaining legal guardianship’ in24 cludes the reasonable and necessary fees, court 

25 costs, attorneys’ fees, and other expenses that 
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1 are directly related to obtaining legal guardian2 ship of the child and which are not incurred in 

3 violation of Federal or State law. 

4 ‘‘(B) FEDERAL SHARE.—A State’s pay5 ment of the nonrecurring expenses associated 

6 with obtaining legal guardianship shall be treat7 ed as an expenditure made for the proper and 

8 efficient administration of the State plan under 

9 section 474(a)(3)(E). 

10 ‘‘(c) KINSHIP GUARDIANSHIP ASSISTANCE PAY11 MENT.— 

12 ‘‘(1) REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The kinship guardian14 ship assistance payment shall be— 

15 ‘‘(i) negotiated as part of the kinship 

16 guardianship assistance agreement re17 quired under subsection (b)(1)(A) between 

18 the relative guardian and the State or local 

19 agency responsible for administering such 

20 agreement; 

21 ‘‘(ii) based on consideration of the cir22 cumstances and the needs of the relative 

23 guardian and of the child; and 

24 ‘‘(iii) equal to the amount of the fos25 ter care maintenance payment for which 
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1 the child would have been eligible if the 

2 child had remained in foster care. 

3 ‘‘(B) READJUSTMENT.—The kinship 

4 guardianship assistance payment may be read5 justed periodically, with the concurrence of the 

6 relative guardian, based on relevant changes in 

7 the needs of the relative guardian and of the 

8 child. 

9 ‘‘(2) LIMITATION.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), no kinship guardianship as12 sistance payment may be made to a relative 

13 guardian for any child who has attained 18 

14 years of age. 

15 ‘‘(B) EXCEPTIONS.—A kinship guardian16 ship assistance payment may be made to a rel17 ative guardian with respect to a child who— 

18 ‘‘(i) is a full-time student in a sec19 ondary school or in the equivalent level of 

20 a vocational or technical training program 

21 and has not attained 19 years of age; or 

22 ‘‘(ii) with respect to a child who the 

23 State determines has a mental or physical 

24 disability that warrants the continuation of 
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1 assistance until the child attains 21 years 

2 of age. 

3 ‘‘(d) CHILD’S ELIGIBILITY FOR A KINSHIP GUARD4 IANSHIP ASSISTANCE PAYMENT.— 

5 ‘‘(1) IN GENERAL.—A child is eligible for a kin6 ship guardianship assistance payment under this 

7 section if the State agency determines the following: 

8 ‘‘(A) The child has been— 

9 ‘‘(i) removed from his or her home 

10 pursuant to a voluntary placement agree11 ment or as a result of a judicial determina12 tion to the effect that continuation in the 

13 home would be contrary to the welfare of 

14 the child; 

15 ‘‘(ii) under the care of the State agen16 cy for the 12-month period ending on the 

17 date of the agency determination; and 

18 ‘‘(iii) eligible for foster care mainte19 nance payments under section 472. 

20 ‘‘(B) Being returned home or adopted are 

21 not appropriate permanency options for the 

22 child. 

23 ‘‘(C) The child demonstrates a strong at24 tachment to the prospective relative guardian 
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1 and the relative guardian has a strong commit2 ment to caring permanently for the child. 

3 ‘‘(D) With respect to a child who has at4 tained 14 years of age, the child has been con5 sulted regarding the kinship guardianship ar6 rangement. 

7 ‘‘(2) TREATMENT OF SIBLINGS.—With respect 

8 to a child described in paragraph (1) whose sibling 

9 or siblings are not so described— 

10 ‘‘(A) the child and any minor sibling of the 

11 child may be placed in the same kinship guard12 ianship arrangement if the State agency and 

13 the relative agree on the appropriateness of the 

14 arrangement for the siblings; and 

15 ‘‘(B) kinship guardianship assistance pay16 ments may be paid for the child and each sib17 ling so placed.’’. 

18 (b) MAINTAINING ELIGIBILITY FOR ADOPTION AS19 SISTANCE PROGRAM.—Section 473(a) of such Act (42 

20 U.S.C. 673(a)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(7) The adoptive parents of a child who has been 

23 determined by the State, pursuant to subsection (c), to 

24 be a child with special needs and on whose behalf kinship 

25 guardianship assistance payments have been made under 
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1 section 472A shall be eligible for adoption assistance as 

2 if no kinship guardianship agreement or payments had 

3 been made. The State shall make payments of non4 recurring adoption expenses under this section to the 

5 adoptive parents of such a child. The State may make 

6 adoption assistance payments under this section even if 

7 the child fails to meet the requirements of subparagraphs 

8 (A) and (B) of paragraph (2), if the child would meet the 

9 requirements of such subparagraphs if the child were 

10 treated as if the child were in the same financial and other 

11 circumstances the child was in at the time the kinship 

12 guardianship assistance agreement was made. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) STATE PLAN REQUIREMENT.—Section 

15 471(a)(20)(A) of such Act (42 U.S.C. 671(a)(20)) is 

16 amended, in the matter preceding clause (i), by 

17 striking ‘‘foster or adoptive parent before the foster 

18 or adoptive parent may be finally approved for place19 ment of a child on whose behalf foster care mainte20 nance payments or adoption assistance payments’’ 

21 and inserting ‘‘foster parent, adoptive parent, or rel22 ative guardian before the foster parent, adoptive 

23 parent, or relative guardian may be finally approved 

24 for placement of a child on whose behalf foster care 

25 maintenance payments, adoption assistance pay-
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1 ments, or kinship guardianship assistance pay2 ments’’. 

3 (2) PAYMENTS TO STATES.—Section 474(a) of 

4 such Act (42 U.S.C. 674(a)) is amended— 

5 (A) in paragraph (3)(B), by striking ‘‘fos6 ter or adoptive parents and the members of the 

7 staff of State-licensed or State-approved child 

8 care institutions providing care to foster and 

9 adopted children receiving assistance under this 

10 part, in ways that increase the ability of such 

11 current or prospective parents, staff members, 

12 and institutions to provide support and assist13 ance to foster and adopted children,’’ and in14 serting ‘‘foster parents, adoptive parents, or rel15 ative guardians and the members of the staff of 

16 State-licensed or State-approved child care in17 stitutions providing care to foster children, 

18 adoptive children, or children living with a rel19 ative guardian receiving assistance under this 

20 part, in ways that increase the ability of such 

21 current or prospective parents, relative guard22 ians, staff members, and institutions to provide 

23 support and assistance to foster children, adop24 tive children, or children living with a relative 

25 guardian,’’; 
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1 (B) in paragraph (4)(B), by striking the 

2 period at the end and inserting ‘‘; plus’’; and 

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

4 ‘‘(5) an amount equal to the Federal medical 

5 assistance percentage (as defined in section 1905(b)) 

6 of the total amount expended during such quarter as 

7 kinship guardianship assistance payments under sec8 tion 472A pursuant to kinship guardianship assist9 ance agreements.’’. 

10 (3) DEFINITIONS.—Section 475(1) of such Act 

11 (42 U.S.C. 675(1)) is amended by adding at the end 

12 the following: 

13 ‘‘(F) In the case of a child with respect to 

14 whom the permanency plan is placement with a 

15 relative and receipt of kinship guardianship as16 sistance payments under section 472A, a de17 scription of— 

18 ‘‘(i) the steps that the agency has 

19 taken to determine that it is not appro20 priate for the child to be returned home or 

21 adopted; 

22 ‘‘(ii) the reasons why a permanent 

23 placement with a fit and willing relative 

24 through a kinship guardianship assistance 

25 arrangement is in the child’s best interests; 
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1 ‘‘(iii) the ways in which the child 

2 meets the eligibility requirements for a kin3 ship guardianship assistance payment; 

4 ‘‘(iv) the efforts the agency has made 

5 to discuss adoption by the child’s relative 

6 foster parent as a more permanent alter7 native to legal guardianship and, in the 

8 case of a relative foster parent who has 

9 chosen not to pursue adoption, documenta10 tion of the reasons therefor; and 

11 ‘‘(v) the efforts made by the State 

12 agency to secure the consent of the child’s 

13 parent or parents to the kinship guardian14 ship assistance arrangement, or the rea15 sons why the efforts were not made.’’. 

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

17 this section take effect on October 1, 2005. 

18 SEC. 202. KINSHIP GUARDIANSHIP DEMONSTRATION 

19 PROJECTS. 

20 (a) AUTHORITY TO CONDUCT PROJECTS.—The Sec21 retary shall enter into agreements with eligible entities to 

22 conduct demonstration projects for the purpose of pro23 viding kinship guardianship assistance payments on behalf 

24 of children to grandparents and other relatives who have 

25 assumed legal guardianship (as defined in section 475(7) 
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1 of the Social Security Act (42 U.S.C. 675(7)) of the chil2 dren for whom they have cared as foster parents and for 

3 whom they have committed to care for on a permanent 

4 basis in large metropolitan areas located in States that 

5 have not elected the option to provide kinship guardian6 ship assistance payments for children under section 472A 

7 of the Social Security Act (as added by section 201). 

8 (b) TERMS AND CONDITIONS.—The terms and condi9 tions applicable to demonstration projects conducted 

10 under this section shall be consistent, to the extent the 

11 Secretary determines appropriate, with the terms and con12 ditions applicable to the State option to provide kinship 

13 guardianship assistance payments for children under sec14 tion 472A of the Social Security Act. 

15 (c) REPORT.—Not later than October 1, 2007, and 

16 annually thereafter, the Secretary shall submit a report 

17 to Congress on the demonstration projects conducted 

18 under this section. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary to conduct demonstration projects under this 

22 section for fiscal years beginning with fiscal year 2006. 

23 (e) DEFINITIONS.—In this section: 

24 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti25 ty’’ means— 
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1 (A) a metropolitan agency, as defined in 

2 section 103(5); and 

3 (B) any other entity that the Secretary de4 termines is qualified to conduct a demonstra5 tion project under this section. 

6 (2) LARGE METROPOLITAN AREA.—The term 

7 ‘‘large metropolitan area’’ has the meaning given 

8 that term in section 103(4). 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Health and Human Services. 

11 TITLE III—NOTICE OF CHILDREN 

12 ENTERING FOSTER CARE 

13 SEC. 301. NOTICE TO RELATIVES WHEN CHILDREN ENTER 

14 FOSTER CARE. 

15 (a) IN GENERAL.—Section 471(a)(19) of the Social 

16 Security Act 42 U.S.C. 671(a)(19)) is amended— 

17 (1) by striking ‘‘that the State’’ and inserting 

18 ‘‘that— 

19 ‘‘(A) the State’’; 

20 (2) by adding ‘‘and’’ after the semicolon; and 

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

22 ‘‘(B) within 60 days of the removal of the 

23 child from the custody of the child’s parent or 

24 parents, the State shall identify and give notice 

25 to all adult grandparents and other adult rel-
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1 atives of the child (including any other adult 

2 relatives suggested by the parents), subject to 

3 exceptions due to family or domestic violence, 

4 that— 

5 ‘‘(i) specifies that the child has been 

6 or is being removed from the custody of 

7 the child’s parent or parents; and 

8 ‘‘(ii) explains the options the relative 

9 has under Federal, State, and local law to 

10 participate in the child’s care and place11 ment, including any options that may be 

12 lost by failing to respond to the notice;’’. 

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

14 this section take effect on October 1, 2005. 

15 SEC. 302. FLEXIBILITY TO ESTABLISH SEPARATE STAND16 ARDS FOR RELATIVE FOSTER FAMILY 

17 HOMES. 

18 (a) IN GENERAL.—Section 471(a)(10) of the Social 

19 Security Act (42 U.S.C. 671(a)(10)) is amended— 

20 (1) by striking ‘‘which shall be responsible’’ and 

21 inserting ‘‘which— 

22 ‘‘(A) shall be responsible’’; 

23 (2) by inserting ‘‘and’’ after the semicolon; and 

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

25 ‘‘(B) may— 
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1 ‘‘(i) establish and maintain separate 

2 standards for foster family homes in which 

3 a foster parent is a relative of the foster 

4 child that, at a minimum, protect the safe5 ty of the child and provide for criminal 

6 records checks, as described in paragraph 

7 (20); and 

8 ‘‘(ii) apply the standards referred to 

9 in clause (i) to any such relative foster 

10 care provider to whom funds are paid pur11 suant to section 472 or part B in lieu of 

12 the standards that would otherwise apply 

13 to a foster family home;’’. 

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

15 this section take effect on October 1, 2005. 

Æ