II 

116TH CONGRESS 

1ST SESSION S. 107 

To provide any State with a child welfare demonstration project that is 

scheduled to terminate at the end of fiscal year 2019 the option to 

extend the project for up to 2 additional years. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2019 

Mr. RUBIO (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide any State with a child welfare demonstration 

project that is scheduled to terminate at the end of 

fiscal year 2019 the option to extend the project for 

up to 2 additional years. 

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 ‘‘State Flexibility for 

5 Family First Transitions Act’’. 


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1 SEC. 2. STATE OPTION TO EXTEND A CHILD WELFARE DEM2 ONSTRATION PROJECT. 

3 (a) IN GENERAL.—Section 1130(d)(2) of the Social 

4 Security Act (42 U.S.C. 1320a–9(d)(2)) is amended— 

5 (1) by striking ‘‘In no event’’ and inserting the 

6 following: 

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

8 subparagraph (B), in no event’’; and 

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

10 ‘‘(B) STATE OPTION TO EXTEND TERMI11 NATION DATE.— 

12 ‘‘(i) NOTICE OF EXTENSION.—Any 

13 State conducting a demonstration project 

14 under this section that is scheduled to ter15 minate on September 30, 2019, may notify 

16 the Secretary at any time prior to August 

17 31, 2019, in such form and manner as the 

18 Secretary may require, that the State 

19 elects to extend the termination date of the 

20 demonstration project, on the same terms 

21 and conditions, for such additional period 

22 as the State may determine, but in no 

23 event beyond September 30, 2021. 

24 ‘‘(ii) TRANSITION PLAN REQUIRED.— 

25 No State conducting a demonstration 

26 project described in clause (i) may extend 


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1 the termination date of the project unless 

2 the State includes with the notice provided 

3 under clause (i) a plan specifying— 

4 ‘‘(I) how the State will transition 

5 from the demonstration project to 

6 compliance with the requirements of 

7 the amendments made by sections 

8 50741(a), 50741(b), and 50742 of 

9 Public Law 115–123 by September 

10 30, 2021; and 

11 ‘‘(II) the measures the State will 

12 implement to improve permanency 

13 outcomes and reduce emancipation 

14 from foster care during the remainder 

15 of the demonstration project. 

16 ‘‘(iii) EFFECT OF EXTENSION ON CER17 TAIN REQUIREMENTS.—If a State submits 

18 a notice under clause (i) and a transition 

19 plan described in clause (ii) to the Sec20 retary, then— 

21 ‘‘(I) during the period the State 

22 continues to conduct a demonstration 

23 project under this section, the amend24 ments made by sections 50741(a), 

25 50741(b), and 50742 of Public Law 


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1 115–123, to the extent such amend2 ments are inconsistent with the terms 

3 of the demonstration project, shall not 

4 apply with respect to that State; and 

5 ‘‘(II) the State shall be deemed 

6 to have requested a delayed effective 

7 date under section 50746(b)(2) of 

8 Public Law 115–123 for the same pe9 riod. 

10 ‘‘(iv) APPLICATION TO COUNTY-AD11 MINISTERED AND HYBRID-ADMINISTERED

12 CHILD WELFARE SERVICES.—In the case 

13 of a demonstration project described in 

14 clause (i) that is administered by 1 or 

15 more counties of a State, or that is par16 tially administered by a State and partially 

17 administered by a 1 or more counties of a 

18 State, each State with such an administra19 tive system shall, as a condition of having 

20 the State plans under parts B and E of 

21 title IV approved for fiscal year 2020— 

22 ‘‘(I) determine whether any coun23 ty administering the demonstration 

24 project as of the date of enactment of 

25 this subparagraph wants to continue 


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1 the project, on the same terms and 

2 conditions, and have the conditions 

3 described in clause (iii) applied with 

4 respect to that county while the dem5 onstration project remains in effect 

6 (without regard to whether the State 

7 submits a notice under clause (i) or 

8 requests a delayed effective date 

9 under section 50746(b)(2) of Public 

10 Law 115–123); 

11 ‘‘(II) agree to allow any such 

12 county to continue to administer the 

13 demonstration project in that county 

14 for such additional period as the coun15 ty may determine (but in no event be16 yond September 30, 2021); 

17 ‘‘(III) notify the Secretary, in 

18 such form and manner as the Sec19 retary may require, of the counties 

20 electing to continue to administer the 

21 demonstration project for an addi22 tional period and specify what the ad23 ditional period will be; and 

24 ‘‘(IV) include with the notice de25 scribed in subclause (III) a transition 


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1 plan prepared by each county identi2 fied in the notice that contains the in3 formation described in subclauses (I) 

4 and (II) of clause (ii) (but prepared 

5 with respect to that county instead of 

6 with respect to the State).’’. 

7 (b) CONFORMING AMENDMENT.—Section 50746(d) 

8 of Public Law 115–123 (42 U.S.C. 622 note) is amended 

9 by inserting ‘‘other than extensions made under subsection 

10 (d)(2)(B) of such section’’ after ‘‘determined without re11 gard to any extensions’’. 

Æ 


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