I 
119TH CONGRESS 
1ST SESSION H. R. 5507 
To require States to measure and publicly report on the separation of children 
from parents by hidden foster care arrangements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2025 
Mr. MORAN introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To require States to measure and publicly report on the 
separation of children from parents by hidden foster 
care arrangements, 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 ‘‘Hidden Foster Care 
Transparency Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CPS AGENCY.—The term ‘‘CPS agency’’ 
means the State agency responsible for the adminis-
tration of the State plans under parts B and E of 
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title IV of the Social Security Act (42 U.S.C. 621 
et seq., 671 et seq.) and any State, county, local, or 
tribal child protective services agency. 
(2) HIDDEN FOSTER CARE ARRANGEMENT.— 
(A) IN GENERAL.—The term ‘‘hidden fos-
ter care arrangement’’ means any separation of 
a child from the child’s parents or primary 
caregivers that occurs without the State taking 
responsibility for the care or placement of the 
child and without a court order or the involve-
ment and oversight of a court of law, whether 
voluntary or involuntary. Such term includes a 
separation of a child that occurs— 
(i) following a child protection hotline 
call or during an investigation by a CPS 
agency; or 
(ii) while a CPS agency has any in-
volvement with a child’s parents or pri-
mary caregivers but without the State tak-
ing responsibility for the care or placement 
of the child and without a court order or 
the involvement and oversight of a court of 
law, whether voluntary or involuntary. 
(B) 
INCLUDED
ARRANGEMENTS.—Such 
term includes— 
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(i) any arrangement in which a CPS 
agency suggests, implies, or insists that a 
parent should or must permit the parent’s 
child to live with someone else in response 
to an investigation of allegations that the 
parent, or a spouse, partner, or other indi-
vidual who resides with the parent, has ne-
glected or abused the child; and 
(ii) any arrangement commonly re-
ferred to as ‘‘kinship diversion,’’ ‘‘foster 
care diversion,’’ ‘‘safety planning,’’ ‘‘infor-
mal family planning,’’ or ‘‘hidden foster 
care’’ to the extent that such arrangement 
occurs without a court order or court over-
sight. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing given that term in section 1101(a) of the Social 
Security Act (42 U.S.C. 1301(a)) for purposes of 
parts B and E of title IV of the Social Security Act 
(42 U.S.C. 621 et seq., 671 et seq.). 
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SEC. 3. STATE REPORTS ON HIDDEN FOSTER CARE AR-
RANGEMENTS. 
As a condition for payment of funds under a State 
plan approved under part E of title IV of the Social Secu-
rity Act (42 U.S.C. 671 et seq.), a State shall submit to 
the Secretary as part of the Adoption and Foster Care 
Analysis and Reporting System (42 U.S.C. 679) data that 
specifies, for each such fiscal year— 
(1) the number of children separated from their 
parents by a hidden foster care arrangement; 
(2) the number of hidden foster care arrange-
ments that ended without the child entering the for-
mal foster care system; 
(3) the number of hidden foster care arrange-
ments that ended through the placement of the child 
into the formal foster care system; 
(4) the category or type of allegation raised in 
each case which resulted in a separation of a child 
from their parents by a hidden foster care arrange-
ment; 
(5) to the extent data is available, the number 
of caregivers in a hidden foster care arrangement 
who received additional services including referrals 
to kinship navigator programs, prevention services 
programs funded under part B or E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 671 
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et seq.), services provided by an entity or organiza-
tion other than a CPS agency, or to legal counsel; 
(6) the result of any investigation leading to a 
hidden foster care arrangement (whether an allega-
tion is substantiated or indicated or not substan-
tiated or indicated); 
(7) how many parents— 
(A) were— 
(i) provided legal counsel; or 
(ii) referred to a legal services pro-
vider before a hidden foster care arrange-
ment began or within 72 hours of such an 
arrangement; and 
(B) were actually represented by legal 
counsel within 72 hours of such an arrange-
ment; 
(8) the length of time children were in a hidden 
foster care arrangement, including the number of 
children in a hidden foster care arrangement for 
more than 90 days without any court orders ad-
dressing custody; 
(9) the number of children who left hidden fos-
ter care arrangements— 
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(A) by reunification with the parent or 
guardian from whom they were initially sepa-
rated; 
(B) by returning to a different parent or 
guardian; or 
(C) through— 
(i) a kinship caregiver obtaining legal 
custody or guardianship outside of the fos-
ter care system; 
(ii) entry in the foster care system 
and placement with kin; and 
(iii) entry in the foster care system 
and placement with someone else; 
(10) a list of specific services provided to par-
ents, children, and kinship caregivers affected by a 
hidden foster care arrangement and, for each such 
group, the number and specific services provided; 
and 
(11) a list of reports of substantiated abuse or 
neglect made to a CPS agency within 3, 6, 9, or 12 
months after a child is identified as being in a hid-
den foster care arrangement, where the child was 
living at time of report. 
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SEC. 4. SECRETARIAL RESPONSIBILITIES. 
(a) ANNUAL REPORT
TO CONGRESS
ON HIDDEN 
FOSTER CARE ARRANGEMENT PRACTICES.—The Sec-
retary shall submit an annual report to Congress based 
on the most recent State reports submitted under section 
3. Each annual report shall include the following: 
(1) The total number of children for whom a 
hidden foster care arrangement ended during the fis-
cal year reported on, and of that number— 
(A) how many of the hidden foster care ar-
rangement ended without the child entering the 
formal foster care system; and 
(B) how many of the hidden foster care ar-
rangement ended through the placement of the 
child into the formal foster care system. 
(2) The total number of each category or type 
of allegation raised in a case which resulted in a sep-
aration of a child from their parents by a hidden 
foster care arrangement. 
(3) To the extent data is available, the number 
of caregivers in a hidden foster care arrangement 
who received additional services, including referrals 
to kinship navigator programs, prevention services 
programs funded under part B or E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 671 
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et seq.), services provided by an entity or organiza-
tion other than a CPS agency, or legal counsel. 
(4) The number of States that submit a report 
under section 3 for the fiscal year involved and a 
summary of such reports that includes a summary 
of the ways in which States address hidden foster 
care arrangements within the most recent State plan 
reports submitted part B or E of title IV of the So-
cial Security Act (42 U.S.C. 621 et seq., 671 et 
seq.). 
(b) IMPLEMENTATION.— 
(1) CONSISTENT
DATA.—The Secretary shall 
ensure that, to the extent practicable, the data and 
information required to be reported under section 
3— 
(A) is collected and reported in a reliable 
and standardized manner by all States; 
(B) provides a comprehensive, national pic-
ture of the practice of hidden foster care ar-
rangements; and 
(C) draws upon and does not duplicate 
other required child welfare data collection and 
reporting regarding children for, or on whose 
behalf, prevention services are offered, including 
under section 471(e)(5)(B)(x) of the Social Se-
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curity Act (42 U.S.C. 671(e)(5)(B)(x)), section 
479 of such Act (42 U.S.C. 679), and subpara-
graphs (C) and (D) of section 103(c)(1) of the 
Child Abuse Prevention and Treatment Act and 
106(d) of the Child Abuse Prevention and 
Treatment 
Act 
(42 
U.S.C. 
5103(c)(1), 
5106a(d)). 
(2) GUIDANCE; TECHNICAL ASSISTANCE.—The 
Secretary may use funds made available to carry out 
part E of title IV of the Social Security Act (42 
U.S.C. 671 et seq.) to issue guidance or provide 
technical assistance to States with respect to the 
data and information required to be reported under 
section 3. 
(3) PUBLICATION
AND
MANNER
OF
SUBMIS-
SION.—The Secretary— 
(A) may include the report required by 
subsection (a) in the annual compilation of 
State reports required to be submitted to Con-
gress under section 479A of the Social Security 
Act (42 U.S.C. 679b); and 
(B) shall make each report submitted to 
Congress in accordance with subsection (a) pub-
licly available. 
Æ 
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