IB 
Union Calendar No. 328 
113TH CONGRESS 
2D SESSION 
H. R. 4058 
[Report No. 113–441] 
To prevent and address sex trafficking of youth in foster care. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2014 
Mr. REICHERT (for himself, Mr. DOGGETT, Mr. PAULSEN, Mr. LEVIN, Mr. 
ROSKAM, Mr. MCDERMOTT, Mr. BUCHANAN, Mr. LEWIS, Mr. YOUNG of 
Indiana, Mr. CROWLEY, Mr. GRIFFIN of Arkansas, Mr. DANNY K. DAVIS 
of Illinois, Mr. RENACCI, Ms. SLAUGHTER, Mrs. WAGNER, Ms. BASS, and 
Mr. LANGEVIN) introduced the following bill; which was referred to the 
Committee on Ways and Means 
MAY 7, 2014 
Additional sponsors: Mrs. NOEM, Mr. KELLY of Pennsylvania, Mr. REED, Mr. 
SCHOCK, Mr. KLINE, Mr. BLUMENAUER, Mr. PITTENGER, Mrs. 
HARTZLER, Mr. WEBSTER of Florida, Mr. CA´RDENAS, Mr. YOHO, Mrs. 
BLACK, Ms. HERRERA BEUTLER, Mr. CRAMER, Mr. RANGEL, Mr. 
LATTA, Ms. KUSTER, Mr. TIBERI, Mr. RODNEY DAVIS of Illinois, Mr. 
STIVERS, Ms. ESTY, Mr. BARLETTA, and Mr. DIAZ-BALART 
MAY 7, 2014 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 14, 2014] 
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A BILL 
To prevent and address sex trafficking of youth in foster 
care. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Sex Traf-
ficking and Improving Opportunities for Youth in Foster 
Care Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings. 
TITLE I—IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX 
TRAFFICKING 
Sec. 101. Identifying and screening youth at risk of sex trafficking. 
Sec. 102. Documenting and reporting instances of sex trafficking. 
Sec. 103. State plan requirement to locate and respond to children who run away 
from foster care. 
Sec. 104. Increasing information on youth in foster care to prevent sex traf-
ficking. 
TITLE II—IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER 
CARE AND SUPPORTING PERMANENCY 
Sec. 201. Supporting normalcy for children in foster care. 
Sec. 202. Improvements to another planned permanent living arrangement as a 
permanency option. 
Sec. 203. Empowering foster youth age 14 and older in the development of their 
own case plan and transition planning for a successful adult-
hood. 
TITLE III—IMPROVING DATA COLLECTION AND REPORTING ON 
CHILD SEX TRAFFICKING 
Sec. 301. Including sex trafficking data in the Adoption and Foster Care Anal-
ysis and Reporting System. 
Sec. 302. Information on children in foster care in annual reports using 
AFCARS data; consultation. 
SEC. 3. FINDINGS. 
The Congress makes the following findings: 
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(1) Recent reports on sex trafficking estimate 
that thousands of children are at risk for domestic sex 
trafficking. 
(2) The risk is compounded every year for the up 
to 30,000 young people who are ‘‘emancipated’’ from 
foster care. 
(3) The current child welfare system does not ef-
fectively identify, prevent, or intervene when a child 
presents as trafficked or at risk for trafficking. 
(4) Within the foster care system, many young 
adults are housed in congregate care facilities or 
group homes, which often are targeted by traffickers. 
(5) Within the foster care system, children are 
routinely denied the opportunity to participate in 
normal, age or developmentally-appropriate activities 
such as joining 4–H and other clubs, participating in 
school plays, playing sports, going to camp, and vis-
iting a friend. 
(6) A lack of normalcy and barriers to partici-
pation in age or developmentally-appropriate activi-
ties contribute to increased vulnerability to traf-
ficking, homelessness, and other negative outcomes for 
children in foster care. 
(7) The latest research in adolescent brain devel-
opment indicates that young people learn through ex-
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perience and through trial and error, and that as 
part of healthy brain development young people need 
to take on increasing levels of decisionmaking through 
their teenage years. 
(8) In order to combat domestic sex trafficking 
and to improve outcomes for children in foster care, 
systemic changes need to be made to the child welfare 
system that focus on— 
(A) the reduction of children in long-term 
foster care; 
(B) greater child engagement in case plan-
ning while in foster care; 
(C) improved efforts to locate and respond 
to children who have run away from foster care 
and to reduce the number of foster children who 
are on the run; 
(D) improved policies and procedures that 
encourage age or developmentally-appropriate 
activities for children in foster care and that 
permit more opportunities for such children to 
make meaningful and permanent connections 
with caring adults; and 
(E) with regard to domestic sex trafficking, 
improved identification, prevention, and inter-
vention by the child welfare agency in collabora-
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tion with the courts, State and local law enforce-
ment agencies, schools, juvenile justice agencies, 
and other social service providers. 
TITLE I—IDENTIFYING AND PRO-
TECTING YOUTH AT RISK OF 
SEX TRAFFICKING 
SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK OF 
SEX TRAFFICKING. 
Section 471(a)(9) of the Social Security Act (42 U.S.C. 
671(a)(9)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’; 
(2) in subparagraph (B), by inserting ‘‘and’’ 
after the semicolon; and 
(3) by adding at the end the following: 
‘‘(C) not later than— 
‘‘(i) 1 year after the date of the enact-
ment of this subparagraph, demonstrate to 
the Secretary that the State agency has de-
veloped, in consultation with organizations 
with experience in dealing with at-risk 
youth, policies and procedures for identi-
fying and screening (including relevant 
training for caseworkers), and for deter-
mining appropriate State action and serv-
ices with respect to— 
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‘‘(I) any child over whom the 
State agency has responsibility for 
placement, care, or supervision (in-
cluding children for whom a State 
child welfare agency has an open case 
file but who have not been removed 
from the home and youth who are not 
in foster care but are receiving services 
under section 477 of this Act) who the 
State has reasonable cause to believe— 
‘‘(aa) is a victim of sex traf-
ficking (as defined in section 
103(10) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 
7102(10))) or a severe form of 
trafficking in persons described in 
section 103(9)(A) of such Act (22 
U.S.C. 7102(9)(A)); or 
‘‘(bb) is at risk of being a 
victim of either kind of traf-
ficking; and 
‘‘(II) at the option of the State, 
any individual, without regard to 
whether the individual is or was in 
foster care under the responsibility of 
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the State, who has not attained 26 
years of age; and 
‘‘(ii) 2 years after such date of enact-
ment, demonstrate to the Secretary that the 
State agency is implementing, in consulta-
tion with the child protective services agen-
cy or unit for the State, the policies and 
procedures referred to in clause (i).’’. 
SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF 
SEX TRAFFICKING. 
(a) STATE PLAN REQUIREMENTS.—Section 471(a) of 
the Social Security Act (42 U.S.C. 671(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(32); 
(2) by striking the period at the end of para-
graph (33) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(34) provides that, for each child over whom the 
State agency has responsibility for placement, care, or 
supervision (including any child for whom a State 
child welfare agency has an open case file but who 
has not been removed from the home, and any youth 
who is not in foster care but is receiving services 
under section 477), the State agency shall— 
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‘‘(A) not later than 2 years after the date 
of the enactment of this paragraph, identify and 
document appropriately in agency records each 
child who is identified as being a victim of sex 
trafficking (as defined in section 103(10) of the 
Trafficking Victims Protection Act of 2000) or as 
being a victim of severe forms of trafficking in 
persons described in section 103(9)(A) of such 
Act, as such a victim; and 
‘‘(B) report immediately, and in no case 
later than 24 hours after receiving— 
‘‘(i) information on children who have 
been identified as being victims of sex traf-
ficking (as defined in subparagraph (A) of 
this paragraph) to the law enforcement au-
thorities; and 
‘‘(ii) information on missing or ab-
ducted children to the law enforcement au-
thorities for entry into the National Crime 
Information Center (NCIC) database of the 
Federal Bureau of Investigation, established 
pursuant to section 534 of title 28, United 
States Code, and to the National Center for 
Missing and Exploited Children; and 
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‘‘(35) not later than 2 years after the date of the 
enactment of this paragraph, contains a regularly up-
dated description, made available to the public on the 
Internet website of the State agency, of the specific 
measures taken by the State agency to protect and 
provide services to children who are victims of sex 
trafficking (as defined in section 103(10) of the Traf-
ficking Victims Protection Act of 2000), or victims of 
severe forms of trafficking in persons described in sec-
tion 103(9)(A) of such Act, including efforts to coordi-
nate with State and local law enforcement, schools, 
juvenile justice agencies, and social service agencies 
such as runaway and homeless youth shelters and 
transitional and other supportive housing providers 
to serve that population.’’. 
(b) REGULATIONS.—The Secretary of Health and 
Human Services shall promulgate regulations imple-
menting the amendments made by subsection (a) of this sec-
tion and shall provide uniform definitions for States to use 
for the reports required under section 471(a)(34)(B) of the 
Social Security Act, as added by such subsection (a). 
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SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RE-
SPOND TO CHILDREN WHO RUN AWAY FROM 
FOSTER CARE. 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by section 102 of this Act, is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(34); 
(2) by striking the period at the end of para-
graph (35) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(36) provides that, not later than 1 year after 
the date of the enactment of this paragraph, the State 
shall develop and implement specific protocols for— 
‘‘(A) expeditiously locating any child miss-
ing from foster care; 
‘‘(B) determining the primary factors that 
contributed to the child’s running away or other-
wise being absent from care, and to the extent 
possible and appropriate, responding to those 
factors in current and subsequent placements; 
‘‘(C) determining the child’s experiences 
while absent from care, including screening the 
child to determine if he or she is a possible vic-
tim of sex trafficking (as defined in paragraph 
(9)(C)); and 
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‘‘(D) reporting such related information as 
required by the Secretary.’’. 
SEC. 104. INCREASING INFORMATION ON YOUTH IN FOSTER 
CARE TO PREVENT SEX TRAFFICKING. 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services 
shall submit to the Congress a written report which summa-
rizes the following: 
(1) Information on children who run away from 
foster care and their risk of becoming victims of sex 
trafficking, using data reported by States under sec-
tion 479 of the Social Security Act and information 
collected by States related to section 471(a)(36) of 
such Act, including— 
(A) characteristics of children who run 
away from foster care; 
(B) potential factors associated with chil-
dren running away from foster care (such as 
reason for entry into care, length of stay in care, 
type of placement, and other factors that contrib-
uted to the child’s running away); 
(C) information on children’s experiences 
while absent from care; and 
(D) trends in the number of children re-
ported as runaways in each fiscal year (includ-
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ing factors that may have contributed to changes 
in such trends). 
(2) Information on State efforts to provide spe-
cialized services, foster family homes, or child care in-
stitutions for children who are victims of sex traf-
ficking. 
(3) Information on State efforts to ensure chil-
dren in foster care form and maintain long-lasting 
connections to caring adults, even when a child in 
foster care must move to another foster family home 
or when the child is placed under the supervision of 
a new caseworker. 
TITLE II—IMPROVING OPPORTU-
NITIES FOR YOUTH IN FOS-
TER CARE AND SUPPORTING 
PERMANENCY 
SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOS-
TER CARE. 
(a) REASONABLE
AND PRUDENT PARENT STAND-
ARD.— 
(1) DEFINITIONS
RELATING
TO
THE
STAND-
ARD.—Section 475 of the Social Security Act (42 
U.S.C. 675) is amended by adding at the end the fol-
lowing: 
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‘‘(9)(A) The term ‘reasonable and prudent parent 
standard’ means the standard characterized by care-
ful and sensible parental decisions that maintain the 
health, safety, and best interests of a child while at 
the same time encouraging the emotional and develop-
mental growth of the child, that a caregiver shall use 
when determining whether to allow a child in foster 
care under the responsibility of the State to partici-
pate in extracurricular, enrichment, cultural, and so-
cial activities. 
‘‘(B) For purposes of subparagraph (A), the term 
‘caregiver’ means a foster parent with whom a child 
in foster care has been placed or a designated official 
for a child care institution in which a child in foster 
care has been placed. 
‘‘(10) The term ‘age or developmentally-appro-
priate’ means— 
‘‘(A) activities or items that are generally 
accepted as suitable for children of the same 
chronological age or level of maturity or that are 
determined to be developmentally-appropriate for 
a child, based on the development of cognitive, 
emotional, physical, and behavioral capacities 
that are typical for an age or age group; and 
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‘‘(B) in the case of a specific child, activi-
ties or items that are suitable for the child based 
on the developmental stages attained by the child 
with respect to the cognitive, emotional, physical, 
and behavioral capacities of the child.’’. 
(2) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(24) of such Act (42 U.S.C. 671(a)(24)) is 
amended— 
(A) by striking ‘‘include’’ and inserting 
‘‘includes’’; 
(B) by striking ‘‘and that such prepara-
tion’’ and inserting ‘‘that the preparation’’; and 
(C) by inserting ‘‘, and that the preparation 
shall include knowledge and skills relating to the 
reasonable and prudent parent standard for the 
participation of the child in age or develop-
mentally-appropriate 
activities, 
including 
knowledge and skills relating to the develop-
mental stages of the cognitive, emotional, phys-
ical, and behavioral capacities of a child, and 
knowledge and skills relating to applying the 
standard to decisions such as whether to allow 
the child to engage in social, extracurricular, en-
richment, cultural, and social activities, includ-
ing sports, field trips, and overnight activities 
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lasting 1 or more days, and to decisions involv-
ing the signing of permission slips and arrang-
ing of transportation for the child to and from 
extracurricular, enrichment, and social activi-
ties’’ before the semicolon. 
(3) TECHNICAL ASSISTANCE.—The Secretary of 
Health and Human Services shall provide assistance 
to the States on best practices for devising strategies 
to assist foster parents in applying a reasonable and 
prudent parent standard in a manner that protects 
child safety, while also allowing children to experience 
normal and beneficial activities, including methods 
for appropriately considering the concerns of the bio-
logical parents of a child in decisions related to par-
ticipation of the child in activities (with the under-
standing that those concerns should not necessarily 
determine the participation of the child in any activ-
ity). 
(b) NORMALCY FOR CHILDREN IN CHILD CARE INSTI-
TUTIONS.—Section 471(a)(10) of such Act (42 U.S.C. 
671(a)(10)) is amended to read as follows: 
‘‘(10) provides— 
‘‘(A) for the establishment or designation of 
a State authority or authorities that shall be re-
sponsible for establishing and maintaining 
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standards for foster family homes and child care 
institutions which are reasonably in accord with 
recommended standards of national organiza-
tions concerned with standards for the institu-
tions or homes, including standards related to 
admission policies, safety, sanitation, and pro-
tection of civil rights, and which shall permit use 
of the reasonable and prudent parenting stand-
ard; 
‘‘(B) that the standards established pursu-
ant to subparagraph (A) shall be applied by the 
State to any foster family home or child care in-
stitution receiving funds under this part or part 
B and shall require, as a condition of any con-
tract entered into by the State agency and a 
child care institution, the presence on-site of at 
least 1 official who, with respect to any child 
placed at the child care institution, is designated 
to be the caregiver who is authorized to apply the 
reasonable and prudent parent standard to deci-
sions involving the participation of the child in 
age or developmentally-appropriate activities, 
and who is provided with training in how to use 
and apply the reasonable and prudent parent 
standard in the same manner as prospective fos-
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ter parents are provided the training pursuant 
to paragraph (24); 
‘‘(C) that the standards established pursu-
ant to subparagraph (A) shall include policies 
related to the liability of foster parents and pri-
vate entities under contract by the State involv-
ing the application of the reasonable and pru-
dent parent standard, to ensure appropriate li-
ability for caregivers when a child participates 
in an approved activity and the caregiver ap-
proving the activity acts in accordance with the 
reasonable and prudent parent standard; and 
‘‘(D) that a waiver of any standards estab-
lished pursuant to subparagraph (A) may be 
made only on a case-by-case basis for nonsafety 
standards (as determined by the State) in rel-
ative foster family homes for specific children in 
care;’’. 
(c) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall take effect on the date that is 1 year 
after the date of the enactment of this Act, without re-
gard to whether regulations to implement the amend-
ments have been promulgated by that date. 
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(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
Services determines that State legislation (other than 
legislation appropriating funds) is required in order 
for a State plan developed pursuant to part E of title 
IV of the Social Security Act to meet the additional 
requirements imposed by the amendments made by 
this section, the plan shall not be regarded as failing 
to meet any of the additional requirements before the 
1st day of the 1st calendar quarter beginning after the 
1st regular session of the State legislature that begins 
after the date of the enactment of this Act. If the State 
has a 2-year legislative session, each year of the ses-
sion is deemed to be a separate regular session of the 
State legislature. 
SEC. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMA-
NENT LIVING ARRANGEMENT AS A PERMA-
NENCY OPTION. 
(a) ELIMINATION
OF
THE OPTION
FOR CHILDREN 
UNDER AGE 16.— 
(1) IN
GENERAL.—Section 475(5)(C)(i) of the 
Social Security Act (42 U.S.C. 675(5)(C)(i)) is 
amended by inserting ‘‘only in the case of a child who 
has attained 16 years of age’’ before ‘‘(in cases 
where’’. 
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(2) 
CONFORMING
AMENDMENT.—Section 
422(b)(8)(A)(iii)(II) 
of 
such 
Act 
(42 
U.S.C. 
622(b)(8)(A)(iii)(II)) is amended by inserting ‘‘, sub-
ject to the requirements of sections 475(5)(C) and 
475A(a)’’ after ‘‘arrangement’’. 
(b) ADDITIONAL REQUIREMENTS.— 
(1) IN GENERAL.—Part E of title IV of such Act 
(42 U.S.C. 670 et seq.) is amended by inserting after 
section 475 the following: 
‘‘SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW 
SYSTEM REQUIREMENTS. 
‘‘(a) REQUIREMENTS FOR ANOTHER PLANNED PERMA-
NENT LIVING ARRANGEMENT.—In the case of any child for 
whom another planned permanent living arrangement is 
the permanency plan for the child, the following require-
ments shall apply for purposes of approving the case plan 
for the child and the case system review procedure for the 
child: 
‘‘(1) DOCUMENTATION OF INTENSIVE, ONGOING, 
UNSUCCESSFUL EFFORTS FOR FAMILY PLACEMENT.— 
At each permanency hearing held with respect to the 
child, the State agency documents the intensive, ongo-
ing, and, as of the date of the hearing, unsuccessful 
efforts made by the State agency to return the child 
home or secure a placement for the child with a fit 
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and willing relative (including adult siblings), a legal 
guardian, or an adoptive parent, including through 
efforts that utilize search technology (including social 
media) to find biological family members for children 
in the child welfare system. 
‘‘(2) REDETERMINATION
OF
APPROPRIATENESS 
OF PLACEMENT AT EACH PERMANENCY HEARING.— 
The State agency shall implement procedures to en-
sure that, at each permanency hearing held with re-
spect to the child, the court or administrative body 
appointed or approved by the court conducting the 
hearing on the permanency plan for the child does the 
following: 
‘‘(A) Ask the child about the desired perma-
nency outcome for the child. 
‘‘(B) Make a judicial determination ex-
plaining why, as of the date of the hearing, an-
other planned permanent living arrangement is 
the best permanency plan for the child and pro-
vide compelling reasons why it continues to not 
be in the best interests of the child to— 
‘‘(i) return home; 
‘‘(ii) be placed for adoption; 
‘‘(iii) be placed with a legal guardian; 
or 
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‘‘(iv) be placed with a fit and willing 
relative. 
‘‘(3) DEMONSTRATION OF SUPPORT FOR ENGAG-
ING IN AGE OR DEVELOPMENTALLY-APPROPRIATE AC-
TIVITIES AND SOCIAL EVENTS.—At each permanency 
hearing held with respect to the child, the State agen-
cy shall document the steps the State agency is taking 
to ensure the child’s foster family home or child care 
institution is following the reasonable and prudent 
parent standard.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) STATE PLAN REQUIREMENTS.— 
(i) PART B.—Section 422(b)(8)(A)(ii) 
of such Act (42 U.S.C. 622(b)(8)(A)(ii)) is 
amended by inserting ‘‘and in accordance 
with the requirements of section 475A’’ after 
‘‘section 475(5)’’. 
(ii) PART
E.—Section 471(a)(16) of 
such Act (42 U.S.C. 671(a)(16)) is amend-
ed— 
(I) by inserting ‘‘and in accord-
ance with the requirements of section 
475A’’ after ‘‘section 475(1)’’; and 
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Union Calendar No. 328 
113TH CONGRESS 
2D SESSION 
H. R. 4058 
[Report No. 113–441] 
A BILL 
To prevent and address sex trafficking of youth in 
foster care. 
MAY 7, 2014 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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