I 
110TH CONGRESS 
1ST SESSION H. R. 3409 
To create the conditions, structures, and supports needed to ensure 
permanency for the Nation’s unaccompanied youth, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 3, 2007 
Mr. HINOJOSA (for himself, Ms. CARSON, Mr. PAYNE, Mr. GRIJALVA, Ms. 
EDDIE BERNICE JOHNSON of Texas, Ms. DELAURO, Mrs. CHRISTENSEN, 
Ms. BERKLEY, Mr. AL GREEN of Texas, Mr. STARK, Mr. HOLT, Mrs. 
DAVIS of California, and Mr. DAVIS of Illinois) introduced the following 
bill; which was referred to the Committee on Education and Labor, and 
in addition to the Committees on Ways and Means, Energy and Com-
merce, Financial Services, and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To create the conditions, structures, and supports needed 
to ensure permanency for the Nation’s unaccompanied 
youth, and for other purposes. 
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 ‘‘Place to Call Home 
Act’’. 
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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; purpose. 
TITLE I—PREVENTION OF UNACCOMPANIED SITUATIONS AMONG 
YOUTH 
Subtitle A—Reduction of Family Stressors Contributing to Unaccompanied 
Situations Among Youth 
Sec. 101. Child abuse prevention and treatment programs. 
Sec. 102. Increase in funding for the promoting safe and stable families pro-
gram. 
Sec. 103. Parental and youth substance abuse and mental illness. 
Sec. 104. Curtailment of involuntary separation of children from their families. 
Subtitle B—Equal Protection of Youth in Child Welfare System 
Sec. 111. Expanded eligibility for foster care and adoption assistance. 
Sec. 112. Kinship guardianship assistance payments. 
Sec. 113. Flexibility to establish separate standards for relative foster family 
homes. 
Sec. 114. Application of standards to all children. 
Sec. 115. Eligibility for foster care maintenance payments and adoption assist-
ance payments through age 20. 
Sec. 116.
Youth access to the child welfare system. 
Subtitle C—Reduction of Youth Institutional Discharge Into Homelessness 
Sec. 121. Discharge from child welfare system. 
Sec. 122. Receipt of certain juvenile justice formula grant funds conditioned on 
States’ policies to ensure appropriate housing for juveniles re-
leased into the community and to reduce rates of runaways. 
Sec. 123. Discharge planning from private and public inpatient health facilities 
required for purposes of certain Substance Abuse and Mental 
Health programs and the Medicaid program. 
TITLE II—YOUTH EMERGENCY AND TRANSITIONAL HOUSING 
Subtitle A—Runaway and Homeless Youth Act Programs 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Basic center program. 
Sec. 204. Renovation. 
Sec. 205. Transitional living grant program. 
Sec. 206. Coordinating, training, research, and other activities. 
Sec. 207. Report. 
Sec. 208. National homeless youth awareness campaign. 
Sec. 209. Grants for research evaluation, demonstration, and service projects. 
Sec. 210. Sexual abuse prevention program. 
Sec. 211. Performance standards. 
Sec. 212. Appeals. 
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Sec. 213. Definition. 
Sec. 214. Authorization of appropriations. 
Sec. 215. Loan forgiveness for runaway and homeless youth workers. 
Subtitle B—HUD McKinney-Vento Programs 
Sec. 221. Definition of homeless individual. 
Sec. 222.
Eligibility of activities to provide family support services under emer-
gency shelter grants program . 
Sec. 223. Eligibility of family strengthening projects to prevent youth homeless-
ness under supportive housing program. 
Subtitle C—John H. Chafee Foster Care Independence Program 
Sec. 231. John H. Chafee Foster Care Independence Program. 
Subtitle D—Youth Offender Reentry Grants Program 
Sec. 241. Establishment of program. 
Sec. 242. Applications. 
Sec. 243. Allotments to states. 
Sec. 244. Use of funds. 
Sec. 245. Penalties. 
Sec. 246. Data collection and performance measurement. 
Sec. 247. Evaluations. 
Sec. 248. Limitations on authorization of appropriations. 
Sec. 249. Educational and training vouchers. 
Subtitle E—Transitional Housing Program for Youth Victims of Commercial 
Sexual Exploitation 
Sec. 251. Transitional housing assistance for youth victims of commercial sex-
ual exploitation. 
TITLE III—YOUTH ACCESS TO SUPPORTIVE SERVICES 
Sec. 301. Work Opportunity Credit. 
Sec. 302. Unaccompanied youth access to Workforce Investment Activities. 
Sec. 303. Unaccompanied youth access to public health services. 
Sec. 304. Enhanced youth access to medical assistance under Medicaid. 
TITLE IV—YOUTH ACCESS TO ELEMENTARY AND SECONDARY 
EDUCATION 
Sec. 401. Increased access to 21st Century Community Learning Centers. 
Sec. 402. Education for homeless children and youths. 
Sec. 403. Grants to increase student attendance. 
TITLE V—YOUTH ACCESS TO POSTSECONDARY EDUCATION 
Sec. 501. Sense of Congress with respect to access to health care by minors at 
least 13 years of age. 
Sec. 502. Financial assistance for disconnected students. 
Sec. 503. Federal early outreach and student services programs for discon-
nected students. 
Sec. 504. Projects to increase enrollment and success of disconnected students 
in postsecondary education. 
Sec. 505. Continual access to student housing for homeless youth. 
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TITLE VI—YOUTH PERMANENT HOUSING 
Sec. 601. Housing choice vouchers for rental assistance for homeless youth. 
Sec. 602. Family unification vouchers for transitioning foster care youth. 
Sec. 603. Inclusion of youth in housing plans. 
Sec. 604. Sense of Congress regarding right of minors to enter into contracts 
for necessities. 
Sec. 605. Transitional housing assistance for youth victims of commercial sex-
ual exploitation. 
Sec. 606. GAO study of housing assistance for low-income youth. 
TITLE VII—YOUNG FAMILY CONCERNS 
Sec. 701. TANF State plan amendment. 
Sec. 702. Adult-supervised living arrangements. 
Sec. 703. Suspension of time limit for young adult parent involved in education 
or training. 
Sec. 704. Transitional compliance. 
Sec. 705. Sanction protections for minor parents. 
Sec. 706. Teen parent study and report. 
Sec. 707. Amendment to Child Care and Development Block Grant Act of 
1990. 
TITLE VIII—UNACCOMPANIED IMMIGRANT YOUTH 
Sec. 801. Definitions. 
Subtitle A—Custody, Release, Family Reunification, and Detention 
Sec. 811. Procedures when encountering unaccompanied alien children. 
Sec. 812. Family reunification for unaccompanied alien children with relatives 
in the United States. 
Sec. 813. Appropriate conditions for detention of unaccompanied alien children. 
Sec. 814. Repatriated unaccompanied alien children. 
Sec. 815. Establishing the age of an unaccompanied alien child. 
Sec. 816. Effective date. 
Subtitle B—Access by Unaccompanied Alien Children to Child Advocates and 
Counsel 
Sec. 821. Child advocates. 
Sec. 822. Counsel. 
Sec. 823. Preservation of law enforcement authority. 
Sec. 824. Effective date; applicability. 
Subtitle C—Strengthening Policies for Permanent Protection of Alien 
Children 
Sec. 831. Special immigrant juvenile classification. 
Sec. 832. Training for officials and certain private parties who come into con-
tact with unaccompanied alien children. 
Sec. 833. Report. 
Sec. 834. Effective date. 
Subtitle D—Children Refugee and Asylum Seekers 
Sec. 841. Guidelines for Children’s Asylum Claims. 
Sec. 842. Unaccompanied refugee children. 
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Sec. 843. Exceptions for unaccompanied alien children in asylum and refugee- 
like circumstances. 
Subtitle E—Authorization of Appropriations 
Sec. 851. Authorization of appropriations. 
Subtitle F—Amendments to the Homeland Security Act of 2002 
Sec. 861. Additional responsibilities and powers of the Office of Refugee Reset-
tlement with respect to unaccompanied alien children. 
Sec. 862. Technical corrections. 
Sec. 863. Effective date. 
TITLE IX—JUVENILE STATUS OFFENDERS 
Sec. 901. Deinstitutionalization of status offenders. 
SEC. 3. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) Preventing and ending unaccompanied situ-
ations among the Nation’s youth is a family, com-
munity, State, and national concern. 
(2) The population of unaccompanied youth in-
cludes individuals who are not more than age 18 and 
who are not in the physical custody of a parent or 
legal guardian, and individuals not less than age 18 
and not more than age 25 who are experiencing 
homelessness. 
(3) The prevalence of unaccompanied situations 
among youth in the Nation is staggering, with stud-
ies 
suggesting 
that 
between 
1,600,000 
and 
2,800,000 unaccompanied young people experience 
homelessness each year. 
(4) Running away from home or from custodial 
institutions is widespread, with 1 out of every 7 chil-
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dren in the United States running away before the 
age of 18. 
(5) Youth who end up on the streets or in 
emergency shelters are those who have been left or 
evicted from their homes by their families due to se-
vere family conflict, an adult family member’s sub-
stance abuse or mental illness, violence in the house-
hold, the youth’s sexual orientation, the youth’s 
pregnant or parenting status, or the youth’s delin-
quent behavior; who have been physically, sexually, 
or emotionally abused at home; who have been sepa-
rated from their families for economic reasons, in-
cluding the whole family’s homelessness; who have 
been discharged by State custodial systems without 
adequate transition plans; who have lost their par-
ents through death, incarceration, or divorce; and 
who are young adults with incomes that are too low 
to secure their basic needs. 
(6) The future well-being of the Nation is de-
pendent on the value placed on all young people, in-
cluding youth in unaccompanied situations, and the 
opportunities provided for youth to acquire the 
knowledge, skills, and abilities necessary to develop 
into safe, healthy, and productive adults. 
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(7) Many of the supports and services needed 
to prevent and end unaccompanied situations among 
youth are also important for assisting domiciled 
youth in high risk situations and for strengthening 
fragile families. 
(8) It is imperative that the United States Gov-
ernment and the States provide unaccompanied 
youth and youth in high risk situations with the sup-
ports and services they need to prevent and end un-
accompanied situations. 
(9) The Nation’s unaccompanied youth deserve 
permanency, which is understood to include a lasting 
connection to loving families, caring adults, and sup-
portive peers; a safe place to live; and the possession 
of skills and resources necessary for a life of phys-
ical and mental wellness, continuous asset-building, 
dignity, and joy. 
(b) PURPOSE.—The purpose of the Act is to create 
the conditions, structures, and supports needed to ensure 
permanency for the Nation’s unaccompanied youth. 
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TITLE I—PREVENTION OF UNAC-
COMPANIED 
SITUATIONS 
AMONG YOUTH 
Subtitle A—Reduction of Family 
Stressors Contributing to Unac-
companied 
Situations 
Among 
Youth 
SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT 
PROGRAMS. 
(a) ADVISORY BOARD ON CHILD ABUSE AND NE-
GLECT.—Section 102(c) of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5101(c)) is amended— 
(1) by redesignating paragraphs (8) through 
(13) as paragraphs (9) through (14), respectively; 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) organizations with expertise in runaway 
and homeless children and youth;’’. 
(b) DISCRETIONARY GRANTS.—Section 105(b) of 
such Act (42 U.S.C. 5106(b)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
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‘‘(5) Programs and projects to preserve, sup-
port or reunify families in which a child or youth 
member is a runaway, homeless, or street youth or 
at high risk of becoming a runaway, homeless, or 
street youth.’’. 
(c) GENERAL PROGRAM AUTHORIZATION OF APPRO-
PRIATIONS.— 
(1) IN GENERAL.—Section 112(a)(1) of such 
Act (42 U.S.C. 5106h(a)(1)) is amended— 
(A) by striking ‘‘2004’’ and inserting 
‘‘2009’’; and 
(B) by striking ‘‘2005 through 2008’’ and 
inserting ‘‘2010 through 2013’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on September 30, 
2008. 
(d) COMMUNITY-BASED GRANTS PROGRAM AUTHOR-
IZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Section 210 of such Act (42 
U.S.C. 5116i) is amended— 
(A) by striking ‘‘2004’’ and inserting 
‘‘2009’’; and 
(B) by striking ‘‘2005 through 2008’’ and 
inserting ‘‘2010 through 2013’’. 
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‘‘(28) provide that the State shall have in effect 
such laws and procedures as are necessary to ensure 
that— 
‘‘(A) a child may not be placed in foster 
care under the responsibility of the State solely 
because the family with which the child is living 
is homeless (as defined in paragraph (2) of sec-
tion 725 of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11434a)) or living in 
substandard housing (as defined in section 
204(b)(11) of the National Housing Act) or a 
dwelling unit that is experiencing severe phys-
ical problems (as defined in subparagraph (F) 
of such section); and 
‘‘(B) the State will work with the family 
and State housing authorities to secure perma-
nent housing for any family that includes a 
minor child and is homeless or at risk of becom-
ing homeless.’’. 
(b) STATE DEMONSTRATION GRANTS FOR FAMILY 
VIOLENCE SERVICES.—Section 303(a)(2) of the Family 
Violence Prevention and Services Act (42 U.S.C. 
10402(a)(2)) is amended— 
(1) by redesignating subparagraph (G) as sub-
paragraph (H); and 
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(2) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) provide documentation that proce-
dures have been developed and implemented re-
garding admission to shelters whereby child and 
youth members of a family or household unit 
are permitted to remain with the whole family 
or household unit; and’’. 
(c) SHELTER PROGRAMS.— 
(1) FEMA EMERGENCY FOOD AND SHELTER 
GRANTS PROGRAM.— 
(A) 
PURPOSES
OF
GRANTS.—Section 
313(b)(1) of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11343(b)(1)) is amend-
ed by inserting before the semicolon the fol-
lowing: ‘‘that establish and implement policies 
regarding admission to the program whereby 
child and youth members of a family or house-
hold unit are permitted to remain with the 
whole family or household unit’’. 
(B) PROGRAM
GUIDELINES.—Subsection 
(a) of section 316 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11346(a)) 
is amended— 
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(i) in paragraph (5), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (6), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new paragraph : 
‘‘(7) guidelines prohibiting any private non-
profit organization and local government carrying 
out a local emergency food and shelter program with 
amounts provided under this subtitle from excluding, 
from admission into any family shelter provided in 
connection with the program, any family or house-
hold on the basis that such family or household in-
cludes any minor, unless the organization or govern-
ment provides such assurances, as the National 
Board shall require, that an appropriate alternative 
living arrangement for the whole family or household 
unit has been secured.’’. 
(2) HUD HOMELESS PROGRAMS.— 
(A) IN GENERAL.—Subtitle A of title IV of 
the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11361 et seq.) is amended by add-
ing at the end the following new section: 
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‘‘SEC. 403. PROHIBITION OF INVOLUNTARY SEPARATION OF 
YOUTH FROM THEIR FAMILIES. 
‘‘In the case of any housing or shelter for families 
provided using any amounts from a grant under this title, 
no family or household may be excluded from admission 
into such housing or shelter on the basis that such family 
or household includes any minor, unless the State or local 
government, private nonprofit organization, or other entity 
administering such housing or shelter provides such assur-
ances, as the Secretary shall by regulation require, that 
an appropriate alternative living arrangement for the 
whole family or household unit has been secured.’’. 
(B) EMERGENCY SHELTER GRANTS PRO-
GRAM.—Section 415(c)of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11375(c)) 
is amended— 
(i) in subparagraph (6), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (7), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new paragraph: 
‘‘(8) it will, in the case of assistance involving 
solely activities described in paragraphs (2) and (3) 
of section 414(a), develop and implement procedures 
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regarding admission to the family emergency shelter 
whereby child and youth members of a family or 
household unit are permitted to remain with the 
whole family or household unit.’’. 
(d) PROTECTING HOUSEHOLD MEMBERS WITHOUT 
RECORDS FROM FEDERAL ONE-STRIKE EVICTION AND 
SCREENING LAWS.— 
(1) PUBLIC HOUSING LEASE PROVISIONS RE-
QUIRING EVICTION FOR CRIMINAL ACTIVITY.—Para-
graph (6) of section 6(l) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437d(l)(6)) is amended 
by inserting before the first semicolon the following: 
‘‘, eviction, or removal of the tenant, member, or 
guest or other person under the tenant’s control, 
who is engaged in the criminal activity or drug-re-
lated criminal activity’’. 
(2) PUBLIC HOUSING LEASE PROVISIONS RE-
GARDING
FUGITIVE
FELONS
AND
PAROLE
VIOLA-
TORS.—Paragraph (9) of section 6(l) of the United 
States Housing Act of 1937 (42 U.S.C. 1437d(l)(9)) 
is amended— 
(A) by redesignating the provision fol-
lowing subparagraph (A) (designated as para-
graph (2) and relating to violating a condition 
of probation or parole) as subparagraph (B) 
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and realigning such provision so that the left 
margin is aligned with the left margin of sub-
paragraph (A); and 
(B) in the matter after and below subpara-
graph (B) (as so redesignated by subparagraph 
(A) of this paragraph), by adding at the end 
the following: ‘‘Notwithstanding any other pro-
vision of this paragraph, an owner or manager 
shall bifurcate a lease under this subsection or 
remove a household member from a lease under 
this subsection, without regard to whether a 
household member is a signatory to the lease, 
in order to evict, remove, terminate occupancy 
rights, or terminate assistance to any individual 
who is a tenant or lawful occupant and who is 
fleeing to avoid prosecution, or custody or con-
finement after conviction or violating a condi-
tion of probation or parole, without evicting, re-
moving, terminating occupancy rights, termi-
nating assistance to, or otherwise penalizing 
other household members.’’. 
(3) SECTION 8 LEASE TERMS REQUIRING EVIC-
TION FOR CRIMINAL ACTIVITY.—Clause (iii) of sec-
tion 8(d)(1)(B) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(d)(1)(B)(iii)) is amended by 
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inserting after ‘‘termination of tenancy,’’ the fol-
lowing: ‘‘eviction, or removal of the tenant, member, 
or guest or other person under the tenant’s control, 
who is engaged in the criminal activity or drug-re-
lated criminal activity,’’. 
(4) SECTION 8 LEASE TERMS REGARDING FUGI-
TIVE FELONS AND PAROLE VIOLATORS.—Clause (v) 
of section 8(d)(1)(B) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(d)(1)(B)(v)) is 
amended— 
(A) by realigning such clause so that the 
left margin is aligned with the left margin of 
clause (iv); and 
(B) by inserting after and below subclause 
(II) the following: 
‘‘Notwithstanding any other provision of 
this clause, an owner or manager shall bi-
furcate a lease under this subparagraph or 
remove a household member from a lease 
under this subparagraph, without regard 
to whether a household member is a signa-
tory to a lease, in order to evict, remove, 
terminate occupancy rights, or terminate 
assistance to any individual who is a ten-
ant or lawful occupant and who is fleeing 
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to avoid prosecution, custody or confine-
ment after conviction or violating a condi-
tion of probation or parole, without evict-
ing, 
removing, 
terminating 
occupancy 
rights, terminating assistance to, or other-
wise penalizing other household mem-
bers.’’. 
(5) VOUCHER PROGRAM LEASE TERMS REQUIR-
ING EVICTION FOR CRIMINAL ACTIVITY.—Subpara-
graph (D) of section 8(o)(7) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(7)(D)) is 
amended by inserting before the first semicolon the 
following: ‘‘, eviction, or removal of the tenant, mem-
ber, or guest or other person under the tenant’s con-
trol, who is engaged in the criminal activity or drug- 
related criminal activity.’’ 
(6) INELIGIBILITY
OF
ILLEGAL
DRUG
USERS 
AND ALCOHOL ABUSERS.—Paragraph (1) of section 
576(b) of the Quality Housing and Work Responsi-
bility Act of 1998 is amended by striking ‘‘for any 
household with a member’’ and inserting ‘‘of any 
household member’’. 
(7) AUTHORITY TO DENY ADMISSION TO CRIMI-
NAL OFFENDERS.—Paragraph (1) of section 576(c) 
of the Quality Housing and Work Responsibility Act 
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of 1998 is amended by striking ‘‘such applicant’’ 
and inserting ‘‘the member of the applicant’s house-
hold who was engaging in such activity’’. 
(8) INELIGIBILITY
OF
DANGEROUS
SEX
OF-
FENDERS.—Subsection (a) of section 578 of the 
Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 13663(a)) is amended to read as 
follows: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, an owner of federally assisted housing shall 
prohibit admission to such housing of any individual who 
is subject to a lifetime registration requirement under a 
State sex offender registration program.’’. 
Subtitle B—Equal Protection of 
Youth in Child Welfare System 
SEC. 111. EXPANDED ELIGIBILITY FOR FOSTER CARE AND 
ADOPTION ASSISTANCE. 
(a) FOSTER CARE.— 
(1) ELIMINATION OF INCOME ELIGIBILITY RE-
QUIREMENT.— 
(A) IN GENERAL.—Section 472(a) of the 
Social Security Act (42 U.S.C. 672(a)) is 
amended— 
(i) in paragraph (1), by striking 
‘‘—’’ and all that follows and inserting 
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‘‘the removal and foster care placement 
met, and continues to meet the require-
ments of paragraph (2).’’; and 
(ii) by striking paragraphs (3) and 
(4). 
(B) CONFORMING
AMENDMENT.—Section 
470 of such Act (42 U.S.C. 670) is amended by 
striking ‘‘who otherwise would have been eligi-
ble for assistance under the State’s plan ap-
proved under part A (as such plan was in effect 
on June 1, 1995)’’. 
(2) FOSTER
CARE
MAINTENANCE
PAYMENTS 
MATCH RATE.—Section 474 of such Act (42 U.S.C. 
674) is amended— 
(A) in subsection (a)(1), by inserting ‘‘, 
subject to subsection (g)(1)’’ before the semi-
colon; and 
(B) by adding at the end the following: 
‘‘(g)(1)(A) The Secretary shall reduce the percentage 
by which expenditures referred to in subsection (a)(1) are 
reimbursed, by such equal percentage for all States as may 
be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of 
the total of the amounts payable to States 
under such subsection to the total of all 
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amounts expended by the States as foster care 
maintenance payments (whether or not eligible 
for reimbursement under this part), excluding 
any expenditure made from other funds pro-
vided by the Federal Government or from State 
funds with respect to which matching funds are 
provided by the Federal Government; equals 
‘‘(ii) the average such ratio for the 12 
quarters most recently preceding the effective 
date of this subsection. 
‘‘(B) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(1) incurred during the 3-year period begin-
ning with the effective date of this subsection. 
‘‘(C) The Secretary shall pay a claim submitted pur-
suant to subparagraph (B) with respect to an expenditure, 
to the extent that, in the absence of this paragraph, an 
amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(2) have been 
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reimbursed under this part during the 3-year period 
described in subparagraph (B) of this paragraph; 
and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(3) 
MAINTENANCE
OF
EFFORT.—Section 
471(a) of such Act (42 U.S.C. 671(a)), as amended 
by section 104(a) of this Act, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (27); 
(B) by striking the period at the end of 
paragraph (28) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(29) provides that the total of the amounts ex-
pended by the State in any fiscal year for foster care 
maintenance payments, family preservation services 
(as defined in section 431(a)(1)), family support 
services (as defined in section 431(a)(2)), time-lim-
ited family reunification services (as defined in sec-
tion 431(a)(7)), and adoption promotion and sup-
port services (as defined in section 431(a)(8)) shall 
be not less than the average annual total of the 
amounts expended by the State in fiscal years 2001 
through 2006 for foster care maintenance payments 
for children with respect to whom the payments were 
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amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(3)(E) have 
been reimbursed under this part during the 3-year 
period described in subparagraph (B) of this para-
graph; and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(2) LIMITATION
ON
EXPENDITURES
NOT
RE-
LATED TO PLACEMENT OR CASE MANAGEMENT AC-
TIVITIES.—Section 474 of such Act (42 U.S.C. 674), 
as amended by the preceding provisions of this sec-
tion, is amended by adding at the end the following: 
‘‘(h) A State shall not use more than 15 percent of 
the amounts paid to the State under this part for expendi-
tures relating to determining eligibility, setting rates for 
foster care homes and institutions, and the proportionate 
share of related agency overhead.’’. 
(d) REMOVAL OF TITLE IV–E FROM FUNDING CAP 
FOR THE TERRITORIES.—Section 1108 of such Act (42 
U.S.C. 1308) is amended in each of subsections (a) and 
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(b)(1), by striking ‘‘parts A and E’’ and inserting ‘‘part 
A’’. 
(e) CONFORMING CHANGES FOR FMAP FOR THE 
DISTRICT OF COLUMBIA.—Section 474(a) of such Act (42 
U.S.C. 674(a)) is amended in each of paragraphs (1) and 
(2) by striking ‘‘(as defined in section 1905(b) of this 
Act)’’ inserting ‘‘(which shall be as defined in section 
1905(b), in the case of a State other than the District 
of Columbia, or 70 percent, in the case of the District 
of Columbia)’’. 
SEC. 112. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS. 
(a) IN GENERAL.—Section 473 of the Social Security 
Act (42 U.S.C. 670–679b) is amended by adding at the 
end the following: 
‘‘(d) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENTS FOR CHILDREN.— 
‘‘(1) IN GENERAL.—Each State with a plan ap-
proved under this part may, at State option, enter 
into kinship guardianship assistance agreements to 
provide kinship guardianship assistance payments on 
behalf of children to grandparents and other rel-
atives who have assumed legal guardianship (as de-
fined in section 475(7)) of the children for whom 
they have cared as foster parents and for whom they 
have committed to care for on a permanent basis. 
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‘‘(2) 
KINSHIP
GUARDIANSHIP
ASSISTANCE 
AGREEMENT.— 
‘‘(A) IN
GENERAL.—In order to receive 
payments under section 474(a)(6), a State 
shall— 
‘‘(i) negotiate and enter into a writ-
ten, binding kinship guardianship assist-
ance agreement with the prospective rel-
ative guardian of a child who meets the re-
quirements of this paragraph; 
‘‘(ii) provide the prospective relative 
guardian with a copy of the agreement; 
and 
‘‘(iii) certify that any child on whose 
behalf kinship guardianship assistance pay-
ments are made under the agreement shall 
be provided medical assistance under title 
XIX 
in 
accordance 
with 
section 
1902(a)(10)(A)(i)(I). 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
agreement shall specify, at a minimum— 
‘‘(i) the amount of, and manner in 
which, each kinship guardianship assist-
ance payment will be provided under the 
agreement; 
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‘‘(ii) the additional services and assist-
ance that the child and relative guardian 
will be eligible for under the agreement; 
‘‘(iii) the procedure by which the rel-
ative guardian may apply for additional 
services as needed, provided the agency 
and relative guardian agree on the addi-
tional services as specified in the case plan; 
and 
‘‘(iv) subject to subparagraph (D), 
that the State will pay the total cost of 
nonrecurring expenses associated with ob-
taining legal guardianship of the child. 
‘‘(C) 
INTERSTATE
APPLICATION.—The 
agreement shall provide— 
‘‘(i) that the agreement shall remain 
in effect without regard to the State resi-
dency of the kinship guardian; and 
‘‘(ii) for the protection of the interests 
of the child in any case where the kinship 
guardian and the child move to another 
State while the agreement is in effect. 
‘‘(D) NO
EFFECT
ON
FEDERAL
REIM-
BURSEMENT.—Nothing in subparagraph (B)(iv) 
shall be construed as affecting the ability of the 
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State to obtain reimbursement from the Fed-
eral Government for costs described in that 
subparagraph. 
‘‘(3) KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENT.— 
‘‘(A) IN GENERAL.—The kinship guardian-
ship assistance payment shall be based on con-
sideration of the needs of the relative guardian 
and of the child and shall be at least equal to 
the amount of the foster care maintenance pay-
ment for which the child would have been eligi-
ble if the child had remained in foster care, or, 
at State option, the amount of the adoption as-
sistance payment for which the child would 
have been eligible if the child had been adopted. 
The payment may be readjusted periodically 
based on relevant changes in such needs. 
‘‘(B) LIMITATION.—A kinship guardian-
ship assistance payment may not be made to a 
relative guardian for any child who has attained 
21 years of age. 
‘‘(4) CHILD’S
ELIGIBILITY
FOR
A
KINSHIP 
GUARDIANSHIP ASSISTANCE PAYMENT.— 
‘‘(A) IN GENERAL.—A child is eligible for 
a kinship guardianship assistance payment 
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under this subsection if the State agency deter-
mines the following: 
‘‘(i) The child has been— 
‘‘(I) removed from his or her 
home pursuant to a voluntary place-
ment agreement or as a result of a ju-
dicial determination to the effect that 
continuation in the home would be 
contrary to the welfare of the child; 
‘‘(II) under the care of the State 
agency for the 12-month period end-
ing on the date of the agency deter-
mination; and 
‘‘(III) eligible for foster care 
maintenance payments under section 
472. 
‘‘(ii) Being returned home or adopted 
are not appropriate permanency options 
for the child. 
‘‘(iii) The child demonstrates a strong 
attachment to the prospective relative 
guardian and the relative guardian has a 
strong commitment to caring permanently 
for the child. 
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SEC. 113. FLEXIBILITY TO ESTABLISH SEPARATE STAND-
ARDS 
FOR 
RELATIVE 
FOSTER 
FAMILY 
HOMES. 
Section 471(a)(10) of the Social Security Act (42 
U.S.C. 671(a)(10)) is amended by inserting before the 
semicolon the following: ‘‘, and, at the option of the State, 
that the authority or authorities may— 
‘‘(A) establish and maintain separate standards 
for foster family homes in which a foster parent is 
a relative of the foster child, that, at a minimum, 
protect the safety of the child and provide for crimi-
nal records checks as described in paragraph (20); 
and 
‘‘(B) apply the standards referred to in sub-
paragraph (A) of this paragraph to any such relative 
foster care provider to whom funds are paid pursu-
ant to section 472 or part B in lieu of the standards 
that would otherwise apply to a foster family 
home.’’. 
SEC. 114. APPLICATION OF STANDARDS TO ALL CHILDREN. 
Section 471(a)(10) of the Social Security Act (42 
U.S.C. 671(a)(10)) is amended by striking ‘‘receiving 
funds under this part or part B of this title’’ and inserting 
‘‘caring for a child who is in the custody of the State’’. 
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SEC. 115. ELIGIBILITY FOR FOSTER CARE MAINTENANCE 
PAYMENTS AND ADOPTION ASSISTANCE PAY-
MENTS THROUGH AGE 20. 
(a) FOSTER CARE MAINTENANCE PAYMENTS.—Sec-
tion 472 of the Social Security Act (42 U.S.C. 672), as 
amended by subsections (a)(1)(A)(i) and (e)(1) of section 
111 of this Act, is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ELIGIBILITY.—Each State with a plan ap-
proved under this part shall make foster care main-
tenance payments on behalf of— 
‘‘(A) each child who has been removed 
from the home of a relative specified in section 
406(a) (as in effect on July 16, 1996) into fos-
ter care if the removal and foster care place-
ment met, and the placement continues to meet, 
the requirements of paragraph (2) of this sub-
section; and 
‘‘(B) each child who is an individual de-
scribed in subsection (j)(2) of this section who 
has entered foster care under the responsibility 
of the State if the foster care placement met 
and continues to meet the requirements of 
paragraph (3) of this subsection.’’; 
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(B) in the paragraph heading of paragraph 
(2) by inserting ‘‘APPLICABLE
TO
MINORS’’ 
after ‘‘REQUIREMENTS’’; and 
(C) by adding at the end the following: 
‘‘(3) FOSTER
CARE
PLACEMENT
REQUIRE-
MENTS APPLICABLE TO CHILDREN WHO HAVE AT-
TAINED THE AGE OF MAJORITY.—The foster care 
placement of a child who is an individual described 
in subsection (j)(2) meets the requirements of this 
paragraph if— 
‘‘(A) the foster care placement is in ac-
cordance with a voluntary placement agreement 
entered into by the individual; 
‘‘(B) the individual’s placement and care 
meet the requirement of paragraph (2)(B) of 
this subsection; and 
‘‘(C)(i) the individual has been placed in a 
foster family home, child-care institution, or 
dwelling described in subsection (b)(3)(C); or 
‘‘(ii) the individual has secured a dwelling 
described in subsection (b)(3)(D).’’; 
(2) in subsection (b)— 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
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(B) by striking the period at the end of 
paragraph (2) and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(3) in the case of a child who is an individual 
described in subsection (j)(2) of this section— 
‘‘(A) in a home described in paragraph (1), 
in accordance with the payment rules set forth 
in paragraph (1); 
‘‘(B) in an institution described in para-
graph (2), in accordance with the payment rules 
set forth in paragraph (2); 
‘‘(C) in a dwelling operated by an agency 
that provides social services to children and 
their families which supplements, supports, or 
substitutes parental care and supervision for 
the purpose of safeguarding and promoting the 
welfare of children, and that meets such stand-
ards for licensure or approval as are established 
by the State for the provision of the services, 
whether the payments therefor are made to the 
agency or directly to the individual; or 
‘‘(D) in housing rented or leased by the in-
dividual.’’; 
(3) in subsection (e), by inserting ‘‘minor’’ be-
fore ‘‘child who’’; 
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(4) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a minor’’ and insert-
ing ‘‘a child’’; and 
(ii) by striking ‘‘the minor’’ and in-
serting ‘‘the child (or, if the child has at-
tained 18 years of age, the child himself or 
herself)’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘a minor child’’ and in-
serting ‘‘a child (or, if the child has at-
tained 18 years of age, the child himself or 
herself)’’; and 
(ii) by inserting ‘‘(if the child is a 
minor)’’ after ‘‘obligations of the parents 
or guardians’’; and 
(5) by adding at the end the following:. 
‘‘(j) In this section, the term ‘child’ means— 
‘‘(1) a minor child; and 
‘‘(2) an individual who— 
‘‘(A) has not attained 21 years of age; and 
‘‘(B) has been emancipated from foster 
care under the responsibility of the State by 
reason of attaining the age of majority.’’. 
(b) ADOPTION ASSISTANCE PAYMENTS.— 
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less situations as risk assessment factors for determining 
the appropriateness of placement in the child welfare sys-
tem. The report shall include an inventory of the policies 
and practices, an assessment of the effectiveness of the 
policies and practices, and such recommendations for Fed-
eral or State legislative or regulatory action as may be 
appropriate. 
Subtitle C—Reduction of Youth In-
stitutional 
Discharge 
Into 
Homelessness 
SEC. 121. DISCHARGE FROM CHILD WELFARE SYSTEM. 
(a) STATE PLANS REQUIRED TO DESCRIBE STATE 
POLICIES AND PROCEDURES REGARDING RUNAWAY OR 
MISSING FOSTER CHILDREN.—Section 471(a) of the So-
cial Security Act (42 U.S.C. 671(a)), as amended by sec-
tions 104(a) and 111(a)(3) of this Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(28); 
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(30) describes the written policies and proce-
dures of the State that are designed to reduce the 
incidence of children missing or running away from 
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foster care, and to locate and return such children 
to foster placements.’’. 
(b) JUDICIAL REVIEW OF PERMANENCY PLAN FOR 
CHILD LEAVING FOSTER CARE.—Section 475(5)(C) of 
such Act (42 U.S.C. 675(5)(C)) is amended— 
(1) by striking ‘‘and (iii)’’ and inserting ‘‘(iii)’’; 
and 
(2) by adding at the end the following: ‘‘and 
(iv) procedural safeguards shall be applied to assure 
that the final permanency hearing regarding the 
transition of the child from foster care to a planned, 
permanent living arrangement or independent living 
is held in a family or juvenile court or another court 
(including a tribal court) of competent jurisdiction;’’. 
(c) CASE PLANS TO INCLUDE DESCRIPTION
OF 
HOUSING ARRANGEMENTS FOR CHILDREN AGING OUT OF 
FOSTER CARE.—Section 475(1)(D) of such Act (42 
U.S.C. 675(1)(D)) is amended by inserting ‘‘, and of the 
steps taken to ensure that such child will have a perma-
nent living arrangement if they are emancipated from fos-
ter care and (in the case of a child age 17 or over or with 
a permanency goal of emancipation) documentation of the 
permanent living arrangements upon emancipation’’ be-
fore the period. 
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(d) REVIEW OF STEPS TAKEN TO ENSURE APPRO-
PRIATE
HOUSING
FOR
CHILDREN
LEAVING
FOSTER 
CARE.—Section 475(5)(C)(iii) of such Act (42 U.S.C. 
675(5)(C)(iii)) is amended by inserting ‘‘, and reviews all 
documentation of the efforts to secure a permanent living 
arrangement for the child upon emancipation from foster 
care’’ before the semicolon. 
(e) MODIFICATION
OF
CASE
PLAN
REQUIRE-
MENTS.—Section 475(1)(D) of such Act (42 U.S.C. 
675(1)(D)) is amended to read as follows: 
‘‘(D) Where appropriate, for a child who 
has attained 14 years of age (and, at State op-
tion, any other child), a written description of 
the programs and services that will facilitate 
the transition of the child from foster care to 
independent living, including a discussion of the 
appropriateness of the services that have been 
provided to the child under the plan. The plan 
for these youth shall also include documentation 
of the steps the agency is taking to find a per-
manent placement with a family or other adult 
connection for the youth, and a permanent liv-
ing arrangement.’’. 
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SEC. 122. RECEIPT OF CERTAIN JUVENILE JUSTICE FOR-
MULA 
GRANT 
FUNDS 
CONDITIONED 
ON 
STATES’ POLICIES TO ENSURE APPROPRIATE 
HOUSING FOR JUVENILES RELEASED INTO 
THE COMMUNITY AND TO REDUCE RATES OF 
RUNAWAYS. 
Section 223(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is 
amended— 
(1) in paragraph (27), at the end by striking 
‘‘and’’; 
(2) in paragraph (28), at the end by striking 
the period and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(28) provide a description of the State’s use of 
funds under this part and other funds for post-re-
lease and aftercare services for juveniles released 
from confinement in a juvenile justice facility; 
‘‘(29) provide that there is in effect in the State 
such policies and procedures as are necessary to en-
sure that upon release of a juvenile from the juvenile 
justice system of the State into the community, the 
juvenile will be placed in a stable environment that 
consists of appropriate permanent or transitional 
housing until permanent housing is available; and 
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‘‘(30) provide that the State has in effect (or 
will develop and implement) standards to— 
‘‘(A) reduce the rate of occurrence of juve-
niles running away from placements in secure 
detention or confinement or nonsecure residen-
tial placements; 
‘‘(B) locate juveniles who have run away 
from such placements; and 
‘‘(C) return such juveniles to such respec-
tive placements.’’. 
SEC. 123. DISCHARGE PLANNING FROM PRIVATE AND PUB-
LIC 
INPATIENT 
HEALTH 
FACILITIES 
RE-
QUIRED FOR PURPOSES OF CERTAIN SUB-
STANCE ABUSE AND MENTAL HEALTH PRO-
GRAMS AND THE MEDICAID PROGRAM. 
(a) REQUIREMENT APPLIED TO SAMHSA GRANT 
PROGRAMS UNDER TITLE V OF THE PHSA.—Part D of 
title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following 
section: 
‘‘SEC. 544. DISCHARGE PLANNING IN PRIVATE AND PUBLIC 
HOSPITALS AND INPATIENT FACILITIES. 
‘‘Any private or public hospital, nursing home, hos-
pice program, subacute care facility, transitional care fa-
cility, residential treatment facility, rehabilitation facility, 
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for a period of service specified in the agree-
ment (but not less than 5 years), unless invol-
untarily separated from that employment; 
‘‘(B) if the borrower is involuntarily sepa-
rated from the employment described in sub-
paragraph (A) on account of misconduct, or vol-
untarily separates from that employment, be-
fore the end of the period specified in the agree-
ment, the borrower shall repay the Secretary 
the amount of any benefits received by such 
borrower under this section; 
‘‘(C) if the borrower is required to repay 
an amount to the Secretary under subpara-
graph (B) and fails to repay such amount, a 
sum equal to such amount shall be recoverable 
by the Government from the borrower (or such 
borrower’s estate, if applicable) by such method 
as is provided by law for the recovery of 
amounts owing to the Government; 
‘‘(D) the Secretary may waive, in whole or 
in part, a right of recovery under this sub-
section if it is shown that recovery would be 
against equity and good conscience or against 
the public interest; and 
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