CARE for Kids Act of 2021

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. 1. Short title This Act may be cited as the Caregivers, Access, and Responsible Expansion for Kids Act of 2021 CARE for Kids Act of 2021 2. Enhancing direct certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) (1) in the matter preceding subparagraph (A), by inserting (including any school operated by the Bureau of Indian Education) may certify (2) in subparagraph (E)— (A) in clause (i), by striking or (B) in clause (ii)— (i) by striking who whom (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (iii) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 601 (iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) (v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act ( 42 U.S.C. 673(d) (vi) a child of a family that— (I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or (II) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 . 3. Extended eligibility Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: (C) Eligibility of transferred children (i) Definition of covered child In this subparagraph, the term covered child (I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the original local educational agency (II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the new local educational agency (ii) Eligibility An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). (iii) Extension of duration A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. ; and (3) in subparagraph (D) (as so redesignated)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking Except as (3)(H)(ii) (i) In general Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3) ; and (C) by adding at the end the following: (ii) Extension for certain children A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. . 4. Expanding automatic eligibility (a) In general Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(12)(A) (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)— (A) in subclause (I), by striking or (B) in subclause (II)— (i) by striking who whom (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 601 (IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) (V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act ( 42 U.S.C. 673(d) (VI) a child of a family that— (aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or (bb) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 . (b) Conforming amendments Section 9(d)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(d)(2) (1) in subparagraph (D), by striking (iv) or (v) (ii), (iii), (iv), (v), or (vii) (2) in subparagraph (E), by adding or (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. 5. Medicaid direct certification Section 9(b)(15)(A)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15)(A)(i) (1) in subclause (I)— (A) in item (bb), by striking (bb) who (BB) who ; and (B) by striking (I)(aa) who (aa) (AA) who ; (2) in subclause (II)— (A) by striking regulations) with a child described in subclause (I) regulations)) with a child described in item (aa) (B) by striking (II) who (bb) who ; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking The term (I) In general The term ; and (4) by adding at the end the following: (II) Other children The term eligible child (aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) 42 U.S.C. 670 42 U.S.C. 673(b) (bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act ( 42 U.S.C. 1396a(a)(10)(A)(i) .

Summary: Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids Act of 2021 This bill extends eligibility for the National School Lunch Program and school breakfast program of the Department of Agriculture. A local educational agency (including any school operated by the Bureau of Indian Education) may certify as eligible for free lunches or breakfasts the following: children whose placement with a caregiver was carried out with the involvement of an agency that administers a state plan or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; children being raised by a relative who receives adoption or guardianship assistance; and children of a family that lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time or that receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996. The bill also extends eligibility for free or reduced-price school lunches for children who were determined to be eligible in the school year prior to placement with a grandparent or relative for the school year immediately following placement. The bill provides children who receive medical assistance under the Medicaid program with direct certification for free lunches and breakfasts under the school lunch and breakfast programs.