Grandfamilies Act of 2023

To provide greater support for grandfamilies and older caregiver relatives. 1. Short title This Act may be cited as the Grandfamilies Act of 2023 2. Increasing access to Social Security benefits for children who live with grandparents or other family members (a) In general Title II of the Social Security Act ( 42 U.S.C. 401 et seq. (1) in section 202(d)— (A) in paragraph (1)(C), by inserting except as provided in paragraph (9), was dependent (B) by amending paragraph (9) to read as follows: (9) (A) In the case of a child who is the child of an individual under clause (3) of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence, the criteria specified in subparagraph (B) shall apply instead of the criteria specified in subparagraph (C) of paragraph (1). (B) The criteria of this subparagraph are that— (i) the child has been living with such individual in the United States for a period of not less than 12 months; (ii) the child has been receiving not less than ½ of the child's support from such individual for a period of not less than 12 months; and (iii) the period during which the child was living with such individual began before the child attained age 18. (C) In the case of a child who is less than 12 months old, such child shall be deemed to meet the requirements of subparagraph (B) if, on the date the child attains 1 year of age, such child has lived with such individual in the United States and received at least ½ of the child's support from such individual for substantially all of the period which began on the date of such child's birth. ; and (2) in section 216(e), in the first sentence— (A) by striking grandchild or stepgrandchild of an individual or his spouse grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of an individual or the individual's spouse (B) by striking was no natural or adoptive parent is no living natural or adoptive parent (C) by striking was under a disability is under a disability (D) by striking living at the time , or (B) , (B) (E) by inserting , or (C) the person has been in the custody of such individual pursuant to a court order for a period of not less than 12 months (b) Conforming amendments Section 202(d)(1) of the Social Security Act ( 42 U.S.C. 402(d)(1) (1) by striking subparagraphs (A), (B), and (C) subparagraphs (A) and (B) and subparagraph (C) or paragraph (9) (as applicable) (2) by striking subparagraphs (B) and (C) subparagraph (B) and subparagraph (C) or paragraph (9) (as applicable) (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 3. Eliminating barriers to TANF for children, older caregiver relatives, and caregiver relatives caring for a child with a disability (a) Broadening good cause exception to requirement To provide information on noncustodial parents Section 454(29)(A)(i) of the Social Security Act ( 42 U.S.C. 654(29)(A)(i) best interests of the child best interests of the child, including, if enforcement procedures against a non-custodial parent of the child are initiated, whether such procedures will impede the parent's ability to reunify with the child in the future (b) Disregard of nonparent caregiver relative income, assets, and resources in child-Only cases (1) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) (13) Disregard of income, assets, and resources for nonparent caregiver relatives in child-only cases (A) In general With respect to a minor child who does not reside in the same household as a parent of the child, a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of such child's nonparent caregiver relative who is not seeking assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf in determining whether the child is eligible for assistance under any such program, or in determining the amount or types of such assistance to be provided to the child. (B) Exception Subparagraph (A) shall not apply in the case of a State program— (i) that is operated specifically for children living with nonparent caregiver relatives; (ii) that provides monthly financial assistance to a child living with a nonparent caregiver relative in an amount that is greater than the amount of assistance that the child would receive on the child's own behalf under the State program funded under this part; (iii) that is separate from the State program funded under this part; and (iv) that is described in the State plan submitted under section 402. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (17) Penalty for failure to disregard income, assets, and resources of nonparent caregiver relative in child-only cases If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (c) Eliminating 5-Year cap on assistance in child-Only cases (1) In general Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) (H) No limit for child-only cases A State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family in which all adults in the family— (i) are nonparent caregiver relatives of a child who does not reside in the same household of the parent of the child; and (ii) do not receive assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (A) in paragraph (9), by inserting (other than subparagraph (H)) section 408(a)(7) (B) by adding at the end the following new paragraph: (18) Penalty for failure to comply with 5-year cap exemptions If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subparagraph (H) of section 408(a)(7) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant . (d) Exemption from work requirements for nonparent caregiver relatives in child-Only cases (1) In general Section 408 of the Social Security Act ( 42 U.S.C. 608 (h) State required To exempt nonparent caregiver relatives from work participation in child-Only cases A State shall not require an individual to engage in work if the individual— (1) is the nonparent caregiver relative of a child who does not reside in the same household as a parent of the child; and (2) resides in a household in which no adult receives assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (19) Penalty for failure to comply with work participation exemptions If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subsection (h) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (e) Eliminating 5-Year cap on assistance for older caregiver relatives and caregiver relatives caring for a child with a disability (1) In general Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) (I) Non-application of limit to older caregiver relatives and caregiver relatives caring for a child with a disability (i) No limit for older caregiver relatives and caregiver relatives caring for a child with a disability Subparagraph (A) shall not apply and a State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) based on receipt of such assistance by an individual who is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). (ii) Disregard of months of assistance In determining the number of months for which a family that includes an adult who has received assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State shall disregard any month for which such assistance was provided with respect to the family during which such adult was an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (A) in paragraph (9), by inserting or (I) subparagraph (H) (B) in paragraph (18), by inserting or (I) subparagraph (H) (f) Exemption from work requirements for older caregiver relatives and caregiver relatives caring for a child with a disability (1) In general Section 408 of the Social Security Act ( 42 U.S.C. 608 (i) State required To exempt caregiver relatives from work participation where caregiver receives assistance A State shall not require an individual to engage in work, and, at the option of the State and on a case-by-case basis, may disregard such individual in determining the participation rates under section 407(a), if the individual— (1) is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of subsection (a)(14)); and (2) directly receives assistance on the individual’s own behalf under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Penalty Paragraph (18) of section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) or (i) subsection (h) (3) Conforming amendments 402(a)(1)(A) of the Social Security Act ( 42 U.S.C. 602(a)(1)(A) (A) in clause (ii), by inserting and subject to subsections (h) and (i) of section 408 (B) in clause (iii), by inserting and subject to subsections (h) and (i) of section 408 (g) Disregard of income, assets, and resources for older caregiver relatives (1) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) (14) Disregard of income, assets, and resources for older caregiver relatives and caregiver relatives caring for a child with a disability (A) In general In determining the eligibility for, and amount of, assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family that includes an individual who is an older caregiver relative (as defined in subparagraph (B)) or a caregiver relative caring for a child with a disability (as defined in subparagraph (C)), a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of that individual. (B) Definition of older caregiver relative (i) In general For purposes of this paragraph, the term older caregiver relative (I) subject to clause (ii), has attained age 55; and (II) is the primary caregiver for a minor child who— (aa) is living with the individual; (bb) does not have a parent living in the home; and (cc) is a grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse. (ii) State option to modify age criterion At the option of a State, such term shall include an individual who has not attained age 55. (iii) Determination to be made by State The determination of whether an individual meets the criteria described in clause (i)(II) shall be made by the State. (C) Definition of caregiver relative caring for a child with a disability (i) In general For purposes of this paragraph, the term caregiver relative caring for a child with a disability (I) is living with the individual; (II) is a child, grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse; and (III) has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (ii) Determination to be made by State The determination of whether an individual meets the criteria described in clause (i) shall be made by the State. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (20) Penalty for failure to disregard income, assets, and resources for older caregiver relatives If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (h) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. (2) Delay permitted (A) In general Before the date described in subparagraph (B), a State plan under title IV of the Social Security Act shall not be regarded as failing to comply with an additional requirement imposed on the plan by this section if the Secretary of Health and Human Services determines that such additional requirement— (i) requires State legislation (other than legislation appropriating funds) in order for the plan to meet such additional requirement; or (ii) could not practicably be met by the plan before such date. (B) Date described For purposes of subparagraph (A), the date described in this subparagraph is, with respect to a State, the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 4. Improving the collection of child support for families receiving TANF assistance (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 (1) by redesignating paragraphs (30) through (34) as paragraphs (31) through (35), respectively; and (2) by inserting after paragraph (29) the following: (30) include a description of— (A) the methods used by the State to determine whether an individual who has applied for or is receiving assistance under the State program funded under part A, the State program under part E, the State program under title XIX, or the supplemental nutrition assistance program, as defined under section 3(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(h) (B) the State’s process for determining in a timely manner whether such an individual satisfies the cooperation requirement described in subparagraph (A) due to the individual’s participation in another State or Federal assistance program; (C) the good cause or other exceptions to the cooperation requirement that the State recognizes, including an explanation of any special requirements or considerations for a relative caregiver seeking to apply for such an exception; and (D) how the State makes clear to an individual who has applied for or is receiving assistance under a program referred to in subparagraph (A)— (i) what, if anything, the individual needs to do in order to satisfy the cooperation requirement, including explaining to the individual how the individual might satisfy the requirement through participation in another State or Federal assistance program; (ii) the effect on the individual’s eligibility to receive assistance under a program referred to in subparagraph (A), and under other State or Federal assistance programs, if the individual fails to satisfy the cooperation requirement; and (iii) the good cause or other exceptions to the cooperation requirement for which the individual may be eligible, including if a standard of proof is required to qualify for each exception and an explanation of any special requirements or considerations for caregiver relatives; . (b) Conforming amendments Title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (1) in section 452(k)(1), by striking section 454(31) section 454(32) (2) in section 454, in the matter following paragraph (35) (as redesignated by subsection (a)) by striking paragraph (33) paragraph (34) (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 5. Encouraging States to adopt temporary guardianship laws (a) In general Section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) (or, in the case of a State that has in effect for the quarter a temporary guardianship law (as defined in section 475(14)), 75 percent) 50 percent (b) Definition Section 475 of the Social Security Act ( 42 U.S.C. 675 (14) (A) The term temporary guardianship law (B) Under the process established under a law described in subparagraph (A)— (i) court fees shall be waived or reduced; and (ii) any court forms or filings related to the process are easy enough to understand that a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents could reasonably complete such forms or filings without legal assistance. . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 6. Guidance (a) Guidance to States on ensuring awareness of child welfare system among kinship caregivers Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on ways to ensure that kinship caregivers who receive assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 609(a)(7)(B)(i) (1) provided with information about any appropriate assistance and services available to them through the child welfare system of the State, including eligibility for foster care licensure and pathways to guardianship assistance programs or adoption subsidies, and how to access such assistance and services; and (2) referred to any kinship navigator program operated by the State. (b) Guidance on coordinating assistance for caregivers Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance for States identifying options for State programs, including programs funded under title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 3001 et seq. 42 U.S.C. 3020g 7. State support plans for grandparents caring for grandchildren (a) In general Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, from amounts appropriated to carry out this section, the Secretary of Health and Human Services shall award grants to States for purposes of developing State support plans for grandparents caring for grandchildren and other relatives caring for relative children. (b) Requirements A State support plan for grandparents caring for grandchildren and other relatives caring for relative children that is funded by a grant under this section shall include the following: (1) An initial assessment of the state of grandparents caring for grandchildren and other relatives caring for relative children in the State. (2) A plan for how appropriate State agencies can collaborate in their efforts to provide financial support, housing services, and other services and supports to grandparents caring for grandchildren and other relatives caring for relative children. (3) Steps that the State proposes to take over the next 5 years to ensure that grandparents caring for grandchildren and other relatives caring for relative children have necessary resources. (4) A plan to simplify or combine application requirements for State public assistance programs to reduce administrative burdens on recipients, with a focus on families consisting of grandparents or other older caregiver relatives raising relative children. (5) A plan to incorporate in the State support plan— (A) at least 1 recommendation from the most recent report to Congress of the Advisory Council to Support Grandparents Raising Grandchildren (provided that such report was released not more than 5 years before the date on which the State is awarded a grant under this section); or (B) least 1 recommendation from the Administration for Community Living. (c) Coordination with National Technical Assistance Center on Grandfamilies and Kinship Families The National Technical Assistance Center on Grandfamilies and Kinship Families established under section 2922 of the American Rescue Plan Act ( 42 U.S.C. 3020g (d) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. 8. Grandfamilies and kinship families alliance grants (a) Purpose The purposes of this section are— (1) to provide funds, through the Administration for Community Living, to strengthen and support grassroots efforts that address the unique needs of grandfamilies or kinship families, including those supporting children with disabilities or those navigating through mental health concerns or trauma; and (2) to establish cross-sector partnerships, in order to establish interagency collaborations and foster the integration of new or existing activities, designed to increase the health, well-being, financial security, or legal standing of members of grandfamilies or kinship families. (b) Definitions In this section: (1) Administrator The term Administrator (2) Cross-sector The term cross-sector (3) Cross-sector partnership The term cross-sector partnership (A) is cross-sector in nature; and (B) serves a local (which may be regional) area. (4) Educational provider The term educational provider 20 U.S.C. 1058(f) 20 U.S.C. 7801 (5) Grandfamily or kinship family The term grandfamily or kinship family (6) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (7) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (8) State The term State (c) Grant program (1) In general The Administrator, acting directly, or by contract with another entity, shall carry out a grant program. In carrying out the program, the Administrator shall make grants, on a competitive basis, to eligible entities. The Administrator shall make the grants for periods of 5 years and in amounts of not less than $200,000 per year. (2) Eligible entities To be eligible to receive a grant under this section, an entity shall— (A) be a nonprofit organization, State or local agency (including an area agency on aging as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (B) have a proven record of supporting members of grandfamilies or kinship families and convening key stakeholders to address an issue related to grandfamilies or kinship families. (3) Application To be eligible to receive a grant under this section, an entity shall submit an application with respect to a cross-sector partnership to the Administrator, at such time, in such manner, and containing such information as the Administrator may require, including— (A) information that demonstrates the entity's capacity for establishing and sustaining cross-system partnerships aimed at improving the health, well-being, financial security, or legal standing of grandfamily or kinship family members; (B) information that demonstrates the entity sought and included, or an assurance that the entity will seek and include, input from key stakeholders, including members of grandfamilies or kinship families, when establishing the partnership and identifying relevant activities; (C) a plan from the entity to incorporate in the activities carried out under the grant— (i) at least 1 recommendation from the most recent report to Congress of the Advisory Council to Support Grandparents Raising Grandchildren (provided that such report was released not more than 5 years before the date on which the entity submits its application for a grant under this section); or (ii) at least 1 recommendation from the Administration for Community Living; (D) information that demonstrates that the cross-sector partnership involved has developed or adopted, or an assurance that the partnership will develop or adopt, well-defined activities that are evidence-informed or trauma specific or trauma informed, to enhance the health, well-being, financial security, or legal standing of grandfamilies or kinship families; (E) (i) memoranda from at least 3 organizations that are cross-sector stakeholders that indicate the organizations will participate in the cross-sector partnership; (ii) an assurance that at least 1 participating stakeholder organization, or the lead entity itself, will be an institution of higher education that provides not less than a 2-year program that is acceptable for full credit toward a degree; and (iii) an assurance that the contributions of the participating stakeholder organizations will be reflected in the programmatic budget of the partnership; (F) information that demonstrates how the eligible entity will work with the cross-sector partnership to align existing (as of the date of submission of the application) activities to support members of grandfamilies or kinship families; (G) information that demonstrates how the eligible entity will identify, support, and provide stipends to volunteers to support the goals of the cross-sector partnership, which volunteers may include— (i) volunteers or participants of AmeriCorps programs under the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. 42 U.S.C. 4950 et seq. (ii) community members; or (iii) students at an institution of higher education who are seeking internships or direct volunteer experiences; (H) information that identifies potential members of a cross-sector advisory council that— (i) will be comprised of at least 7 members, and on which a majority of members are or have in the past been members of grandfamilies or kinship families; and (ii) will advise the partnership on activities to be carried out under the grant; and (I) a plan developed by the eligible entity to work in partnership with technical resource centers supported by the Administration for Community Living, including the National Technical Assistance Center on Grandfamilies and Kinship Families established under section 2922 of the American Rescue Plan Act ( 42 U.S.C. 3020g (4) Preferences In determining which entities shall receive grants under this section, the Administrator shall give preference to entities that— (A) provide geographic diversity, including entities that serve rural localities; (B) support children who have been orphaned by the COVID–19 pandemic or opioid crisis; (C) have capacity to provide culturally appropriate activities; (D) demonstrate capacity to work with educational systems, including systems for early childhood education or elementary education; (E) support children with disabilities living with a grandfamily or kinship family; or (F) identify as a lived experience entity, which are organizations, groups, or collaborations whose primary mission is to put people with lived experience in grandfamilies or kinship families in a position to support other individuals going through similar experiences. (5) Uses of funds (A) Required uses An entity that receives a grant under this section shall use the grant funds— (i) to establish or sustain a cross-sector partnership to strengthen and support grassroots efforts that address the unique needs of grandfamilies or kinship families, including those supporting children with disabilities or those navigating through mental health concerns or trauma; (ii) to foster the integration of new or existing activities designed to increase the health, well-being, financial security, or legal standing of members of grandfamilies or kinship families; and (iii) to promote peer-to-peer support efforts, including such efforts through support groups, social activities, or educational training. (B) Allowable uses An entity that receives a grant under this section may use the grant funds— (i) to support volunteer efforts related to objectives of the partnership, including conducting outreach to and providing stipends for members of grandfamilies or kinship families participating in advisory councils described in paragraph (3)(H), or providing peer-to-peer supports described in subparagraph (A)(iii), who are not otherwise being paid for such participation or supports; (ii) for staff positions for the partnership; (iii) to conduct a gap and asset analysis and to raise awareness of the needs of grandfamilies or kinship families within the local area served; (iv) to support technology and software needs related to the partnership; (v) to reimburse project-related mileage for staff and volunteers; (vi) to attend grant recipient trainings or other meetings with technical resource centers supported by the Administration for Community Living; or (vii) to help grandfamilies or kinship families coordinate benefits or assistance under any Federal program or any State or local program financed in whole or in part with Federal funds. (6) Supplement not supplant Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for grandfamilies or kinship families. (7) Annual report (A) Information from grant recipients Each recipient of a grant under this section shall annually submit to the Administrator information consisting of— (i) the number of individuals and organizations supported by the partnership funded by the grant, including the number of people who received direct services or training from the local activities carried out under this section and the estimated number of people who were impacted by the activities; (ii) demographic data, including the age, sex, ethnicity, disability status, and race of those supported by the partnership; (iii) the number of and demographic data for volunteers involved in supporting the objectives of the activities and the number of people who benefited from the contributions of volunteers; (iv) recommendations to align and coordinate activities across service-related sectors, such as aging, child welfare, income support, food and nutrition, legal, health and mental health, or education services, for members of grandfamilies or kinship families, and lessons learned and promising practices developed during the year; and (v) ways in which the project supported by the grant has engaged individuals with experience related to being a member of a grandfamily or kinship family in the design, implementation, and feedback related to the project. (B) Report by administrator Not later than 2 years after the date of enactment of this Act and every year thereafter, the Administrator shall— (i) prepare, based on the information submitted under subparagraph (A), a report on the impact of the program carried out under this section; and (ii) submit the report to— (I) the Committee on Health, Education, Labor, and Pensions, the Special Committee on Aging, and the Committee on Finance of the Senate; and (II) the Committee on Education and the Workforce and the Committee on Ways and Means of the House of Representatives. (8) Evaluation (A) In general The Administrator shall reserve not more than 10 percent of the funds made available under this section for administrative purposes. (B) Evaluation The Administrator shall use funds reserved under subparagraph (A) for evaluation in the aggregate of the local activities supported by the grants. (C) Permissible uses of funds The Administrator shall use the reserved funds for administrative purposes that may include— (i) the establishment of an interagency task force to evaluate the recommendations provided by grant recipients under paragraph (7)(A)(iv), to foster Federal coordination related to activities for grandfamilies or kinship families; (ii) support for the Administration for Community Living’s Research, Demonstration, and Evaluation Center for the Aging Network, established under section 201(g) of the Older Americans Act of 1965 ( 42 U.S.C. 3011(g) (iii) evaluation described in subparagraph (B) by an independent evaluator, separate from any of the grant recipients, hired by the Administrator; and (iv) hosting, not less than annually, learning collaboratives with the grant recipients. (9) Funds There is authorized to be appropriated to carry out this section $8,750,000 for each of fiscal years 2024 through 2028.

Summary: Grandfamilies Act of 2023 This bill expands access to specified programs for children living with grandparents or other family members who are not their legal guardian. Specifically, the bill provides that a child of a relative eligible for Old-Age and Survivors Insurance benefits is eligible for such benefit payments if that child (1) began living with such relative before age 18, (2) receives at least 50% of their support from such relative, and (3) has lived with such relative pursuant to a court order for at least 12 months. Additionally, the bill revises the Temporary Assistance for Needy Families (TANF) eligibility requirements for children living with specified caregiver relatives. First, the bill lessens the requirement for TANF applicants to assign their rights to child support when such assignment may impact the likelihood of reunifying the child with their noncustodial parent, such as where the noncustodial parent is working to gain financial stability so they may reunify with their child. Further, when a child, but not the caregiver relative, receives TANF benefits (i.e., child-only cases), or if the caregiver relative is 55 or older, the bill (1) excludes such caregiver’s income from that child’s eligibility determination, (2) removes the 5-year cap on assistance, and (3) exempts such caregiver relatives from TANF work requirements. The bill also (1) encourages states to enact temporary guardianship laws, (2) provides grants for state plans to support caregiver relatives, and (3) requires the Administration for Community Living to provide grants for establishing cross-sector partnerships that support families with caregiver relatives.