I 
116TH CONGRESS 
2D SESSION 
H. R. 7947 
To provide additional temporary supports and flexibilities for older foster 
youth, grandparents, and other kinship families, home visiting for preg-
nant and parenting families, and other child welfare services, during 
the COVID-19 pandemic. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2020 
Mr. DANNY K. DAVIS of Illinois (for himself and Mrs. WALORSKI) introduced 
the following bill; which was referred to the Committee on Ways and 
Means, and in addition to the Committee on Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide additional temporary supports and flexibilities 
for older foster youth, grandparents, and other kinship 
families, home visiting for pregnant and parenting fami-
lies, and other child welfare services, during the COVID- 
19 pandemic. 
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 ‘‘Supporting Foster 
Youth and Families through the Pandemic Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— 
The term ‘‘COVID–19 public health emergency’’ 
means the public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act, entitled ‘‘Determination that a 
Public Health Emergency Exists Nationwide as the 
Result of the 2019 Novel Coronavirus’’. 
(2) COVID–19 PUBLIC
HEALTH
EMERGENCY 
PERIOD.—The term ‘‘COVID–19 public health emer-
gency period’’ means the period beginning on April 
1, 2020, and ending with September 30, 2021. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE 
PROGRAMS AND SUPPORT FOR OLDER FOS-
TER YOUTH. 
(a) FUNDING INCREASES.— 
(1) INCREASE IN SUPPORT FOR CHAFEE PRO-
GRAMS.—Out of any money in the Treasury of the 
United States not otherwise appropriated, there are 
appropriated $400,000,000 for fiscal year 2020, to 
carry out section 477 of the Social Security Act, in 
addition to any amounts otherwise made available 
for such purpose. 
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(2) EDUCATION AND TRAINING VOUCHERS.—Of 
the amount made available by reason of paragraph 
(1) of this subsection, not less than $50,000,000 
shall be reserved for the provision of vouchers pursu-
ant to section 477(h)(2) of the Social Security Act. 
(3) INAPPLICABILITY OF STATE MATCHING RE-
QUIREMENT
TO
ADDITIONAL
FUNDS.—In making 
payments under subsections (a)(4) and (e)(1) of sec-
tion 474 of the Social Security Act from the addi-
tional funds made available as a result of para-
graphs (1) and (2) of this subsection, the percent-
ages specified in subsections (a)(4)(A)(i) and (e)(1) 
of such section are, respectively, deemed to be 100 
percent. 
(4) MAXIMUM
AWARD
AMOUNT.—The dollar 
amount specified in section 477(i)(4)(B) of the So-
cial Security Act through the end of fiscal year 2021 
is deemed to be $12,000. 
(5) INAPPLICABILITY
OF
NYTD
PENALTY
TO 
ADDITIONAL
FUNDS.—In calculating any penalty 
under section 477(e)(2) of the Social Security Act 
with respect to the National Youth in Transition 
Database (NYTD) for the COVID–19 public health 
emergency period, none of the additional funds made 
available by reason of paragraphs (1) and (2) of this 
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subsection shall be considered to be part of an allot-
ment to a State under section 477(c) of such Act. 
(b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR 
ASSISTANCE.—During fiscal years 2020 and 2021, a child 
may be eligible for services and assistance under section 
477 of the Social Security Act until the child attains 27 
years of age, notwithstanding any contrary certification 
made under such section. 
(c) SPECIAL RULE.—With respect to funds made 
available by reason of subsection (a) that are used during 
the COVID–19 public health emergency period to support 
activities due to the COVID–19 pandemic, the Secretary 
may not require any State to provide proof of a direct 
connection to the pandemic if doing so would be adminis-
tratively burdensome or would otherwise delay or impede 
the ability of the State to serve foster youth. 
(d) PROGRAMMATIC
FLEXIBILITIES.—During the 
COVID–19 public health emergency period: 
(1) SUSPENSION OF CERTAIN REQUIREMENTS 
UNDER THE EDUCATION AND TRAINING VOUCHER 
PROGRAM.—The Secretary shall allow a State to 
waive the applicability of the requirement in section 
477(i)(3) of the Social Security Act that a youth 
must be enrolled in a postsecondary education or 
training program or making satisfactory progress to-
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ward completion of that program if a youth is un-
able to do so due to the COVID–19 public health 
emergency. 
(2) AUTHORITY TO USE VOUCHERS TO MAIN-
TAIN TRAINING AND POSTSECONDARY EDUCATION.— 
A voucher provided under a State educational and 
training voucher program under section 477(i) of the 
Social Security Act may be used for maintaining 
training and postsecondary education, including less 
than full-time matriculation costs or other expenses 
that are not part of the cost of attendance but would 
help support youth in remaining enrolled as de-
scribed in paragraph (1) of this subsection. 
(3) AUTHORITY
TO
WAIVE
LIMITATIONS
ON 
PERCENTAGE OF FUNDS USED FOR HOUSING ASSIST-
ANCE AND ELIGIBILITY FOR SUCH ASSISTANCE.— 
Notwithstanding section 477(b)(3)(B) of the Social 
Security Act, a State may use— 
(A) more than 30 percent of the amounts 
paid to the State from its allotment under sec-
tion 477(c)(1) of such Act for a fiscal year, for 
room or board payments; and 
(B) any of such amounts for youth other-
wise eligible for services under section 477 of 
such Act who— 
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(i) have attained 18 years of age and 
not 27 years of age; and 
(ii) experienced foster care at 14 
years of age or older. 
SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING 
THE PANDEMIC. 
(a) ADDRESSING FOSTER CARE AGE RESTRICTIONS 
DURING THE PANDEMIC.—A State operating a program 
under part E of title IV of the Social Security Act may 
not require a child who is in foster care under the respon-
sibility of the State to leave foster care solely by reason 
of the child’s age. A child may not be found ineligible for 
foster care maintenance payments under section 472 of 
such Act solely due to the age of the child or the failure 
of the child to meet a condition of section 475(8)(B)(iv) 
of such Act before October 1, 2021. 
(b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO 
AGE OUT DURING THE PANDEMIC.—A State operating a 
program under the State plan approved under part E of 
title IV of the Social Security Act (and without regard 
to whether the State has exercised the option provided by 
section 475(8)(B) of such Act to extend assistance under 
such part to older children) shall— 
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(1) permit any youth who left foster care due 
to age during the COVID–19 public health emer-
gency to voluntarily re-enter foster care; 
(2) provide to each such youth who was for-
mally discharged from foster care during the 
COVID–19 public health emergency, a notice de-
signed to make the youth aware of the option to re-
turn to foster care; 
(3) facilitate the voluntary return of any such 
youth to foster care; and 
(4) conduct a public awareness campaign about 
the option to voluntarily re-enter foster care for 
youth who have not attained 22 years of age, who 
aged out of foster care in fiscal year 2020 or fiscal 
year 2021, and who are otherwise eligible to return 
to foster care. 
(c) PROTECTIONS FOR YOUTH IN FOSTER CARE.— 
A State operating a program under the State plan ap-
proved under part E of title IV of the Social Security Act 
shall— 
(1) continue to ensure that the safety, perma-
nence, and well-being needs of older foster youth, in-
cluding youth who remain in foster care and youth 
who age out of foster care during that period but 
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who re-enter foster care pursuant to this section, are 
met; and 
(2) work with any youth who remains in foster 
care after attaining 18 years of age (or such greater 
age as the State may have elected under section 
475(8)(B)(iii) of such Act) to develop, or review and 
revise, a transition plan consistent with the plan re-
ferred to in section 475(5)(H) of such Act, and as-
sist the youth with identifying adults who can offer 
meaningful, permanent connections. 
(d) AUTHORITY TO USE ADDITIONAL FUNDING FOR 
CERTAIN COSTS INCURRED TO PREVENT AGING OUT OF, 
FACILITATING RE-ENTRY TO, AND PROTECTING YOUTH 
IN CARE DURING THE PANDEMIC.— 
(1) IN GENERAL.—Subject to paragraph (2) of 
this subsection, a State to which additional funds 
are made available as a result of section 3(a) may 
use the funds to meet any costs incurred in com-
plying with subsections (a), (b), and (c) of this sec-
tion. 
(2) RESTRICTIONS.— 
(A) The costs referred to in paragraph (1) 
must be incurred after the date of the enact-
ment of this section and before October 1, 
2021. 
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(B) The costs of complying with subsection 
(a) or (c) of this section must not be incurred 
on behalf of children eligible for foster care 
maintenance payments under section 472 of the 
Social Security Act, including youth who have 
attained 18 years of age who are eligible for the 
payments by reason of the temporary waiver of 
the age requirement or the conditions of section 
475(8)(B)(iv) of such Act. 
(C) A State shall make reasonable efforts 
to ensure that eligibility for foster care mainte-
nance payments under section 472 of the Social 
Security Act is determined when a youth re-
mains in, or re-enters, foster care as a result of 
the State complying with subsections (a) and 
(c) of this section. 
(D) A child who re-enters care during the 
COVID–19 public health emergency period may 
not be found ineligible for foster care mainte-
nance payments under section 472 of the Social 
Security Act solely due to age or the require-
ments of section 475(8)(B)(iv) of such Act be-
fore October 1, 2021. 
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(e) TERMINATION OF CERTAIN PROVISIONS.—The 
preceding provisions of this section shall have no force or 
effect after September 30, 2021. 
SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM 
PANDEMIC FLEXIBILITY. 
During the COVID–19 public health emergency pe-
riod, each percentage specified in subparagraphs (A)(i) 
and (B) of section 474(a)(6) of the Social Security Act 
is deemed to be 100 percent. 
SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN 
PROMOTING SAFE AND STABLE FAMILIES 
PROGRAM. 
(a) IN GENERAL.—Out of any money in the Treasury 
of the United States not otherwise appropriated, there are 
appropriated $85,000,000 to carry out section 436(a) of 
the Social Security Act for fiscal year 2020, in addition 
to any amounts otherwise made available for such pur-
pose. For purposes of section 436(b) of such Act, the 
amount made available by the preceding sentence shall be 
considered part of the amount specified in such section 
436(a). 
(b) INAPPLICABILITY
OF STATE MATCHING RE-
QUIREMENT TO ADDITIONAL FUNDS.—In making pay-
ments under section 434(a) of the Social Security Act 
from the additional funds made available as a result of 
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subsection (a) of this section, the percentage specified in 
section 434(a)(1) of such Act is deemed to be 100 percent. 
SEC. 7. COURT IMPROVEMENT PROGRAM. 
(a) RESERVATION
OF FUNDS.—Of the additional 
amounts made available by reason of section 6 of this Act, 
the Secretary shall reserve $10,000,000 for grants under 
subsection (b) of this section, which shall be considered 
to be made under section 438 of the Social Security Act. 
(b) DISTRIBUTION OF FUNDS.— 
(1) IN GENERAL.—From the amounts reserved 
under subsection (a) of this section, the Secretary 
shall— 
(A) reserve not more than $500,000 for 
Tribal court improvement activities; and 
(B) from the amount remaining after the 
application of subparagraph (A), make a grant 
to each highest State court that is approved to 
receive a grant under section 438 of the Social 
Security Act for the purpose described in sec-
tion 438(a)(3) of such Act, for fiscal year 2020. 
(2) AMOUNT.—The amount of the grant award-
ed to a highest State court under this subsection 
shall be the sum of— 
(A) $85,000; and 
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(B) the amount that bears the same ratio 
to the amount reserved under subsection (a) 
that remains after the application of paragraph 
(1)(A) and subparagraph (A) of this paragraph, 
as the number of individuals in the State in 
which the court is located who have not at-
tained 21 years of age bears to the total num-
ber of such individuals in all States the highest 
courts of which were awarded a grant under 
this subsection (based on the most recent year 
for which data are available from the Bureau of 
the Census). 
(3) OTHER RULES.— 
(A) IN GENERAL.—The grants awarded to 
the highest State courts under this subsection 
shall be in addition to any grants made to the 
courts under section 438 of the Social Security 
Act for any fiscal year. 
(B) NO
ADDITIONAL
APPLICATION.—The 
Secretary shall award grants to the highest 
State courts under this subsection without re-
quiring the courts to submit an additional ap-
plication. 
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(C) REPORTS.—The Secretary may estab-
lish reporting criteria specific to the grants 
awarded under this subsection. 
(D) REDISTRIBUTION
OF
FUNDS.—If a 
highest State court does not accept a grant 
awarded under this subsection, or does not 
agree to comply with any reporting require-
ments imposed under subparagraph (C) or the 
use of funds requirements specified in sub-
section (c), the Secretary shall redistribute the 
grant funds that would have been awarded to 
that court under this subsection among the 
other highest State courts that are awarded 
grants under this subsection and agree to com-
ply with the reporting and use of funds require-
ments. 
(c) USE OF FUNDS.—A highest State court awarded 
a grant under subsection (b) shall use the grant funds to 
address needs stemming from the COVID–19 public 
health emergency, which may include any of the following: 
(1) Technology investments to facilitate the 
transition to remote hearings for dependency courts 
when necessary as a direct result of the COVID–19 
public health emergency. 
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(2) Training for judges, attorneys, and case-
workers on facilitating and participating in remote 
hearings that comply with due process and all appli-
cable law, ensure child safety and well-being, and 
help inform judicial decision making. 
(3) Programs to help families address aspects 
of the case plan to avoid delays in legal proceedings 
that would occur as a direct result of the COVID– 
19 public health emergency. 
(4) Other purposes to assist courts, court per-
sonnel, or related staff related to the COVID–19 
public health emergency. 
SEC. 8. ALLOWING HOME VISITING PROGRAMS TO CON-
TINUE SERVING FAMILIES SAFELY. 
(a) IN GENERAL.—For purposes of section 511 of the 
Social Security Act, during the COVID–19 public health 
emergency period— 
(1) a virtual home visit shall be considered a 
home visit; 
(2) funding for, and staffing levels of, a pro-
gram conducted pursuant to such section shall not 
be reduced on account of reduced enrollment in the 
program; and 
(3) funds provided for such a program may be 
used— 
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(A) to train home visitors in conducting a 
virtual home visit and in emergency prepared-
ness and response planning for families served, 
and may include training on how to safely con-
duct intimate partner violence screenings re-
motely, training on safety and planning for 
families served; 
(B) for the acquisition by families enrolled 
in the program of such technological means as 
are needed to conduct and support a virtual 
home visit; and 
(C) to provide emergency supplies to fami-
lies served, regardless of whether the provision 
of such supplies is within the scope of the ap-
proved program, such as diapers, formula, non- 
perishable food, water, hand soap, and hand 
sanitizer. 
(b) VIRTUAL HOME VISIT DEFINED.—In subsection 
(a), the term ‘‘virtual home visit’’ means a home visit, as 
described in an applicable service delivery model, that is 
conducted solely by the use of electronic information and 
telecommunications technologies. 
(c) AUTHORITY TO DELAY DEADLINES.— 
(1) IN GENERAL.—The Secretary may extend 
the deadline by which a requirement of section 511 
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of the Social Security Act must be met, by such pe-
riod of time as the Secretary deems appropriate, 
taking into consideration the impact of the COVID– 
19 public health emergency on eligible entity home 
visiting programs and the impact of families enrolled 
in home visiting programs. The Secretary may delay 
the deadline for submission, waive performance 
measures, or allow for alternative data sources to be 
used to show improvement in performance in the 
manner provided in section 511(d)(1) of such Act. 
(2) DELAY
OF
DEADLINE
FOR
STATEWIDE 
NEEDS ASSESSMENT.—The Secretary may delay the 
October 1, 2020, deadline for reviewing and updat-
ing any needs assessment required by section 
511(b)(1) or 511(h)(2)(A) of the Social Security 
Act, but any such delay shall not affect the timing 
for, or amount of, any payment to the State involved 
from the fiscal year allotments available to the State 
under section 502(c) of such Act. 
(3) GUIDANCE.—The Secretary shall provide to 
eligible entities funded under section 511 of the So-
cial Security Act information on the parameters 
used in extending a deadline under paragraph (1) or 
(2) of this subsection. 
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(d) EXTENSION OF GRANT OBLIGATION PERIOD.— 
Notwithstanding section 511(j)(3)(A) of the Social Secu-
rity Act, funds made available to an eligible entity for fis-
cal year 2018 under section 511 of such Act shall remain 
available for expenditure by the eligible entity through 
September 30, 2021. 
(e) TIMELY RELEASE OF TITLE V FUNDS.—The au-
thorities provided in this section shall not be interpreted 
to authorize or require any delay in the timely release of 
funds under title V of the Social Security Act. 
SEC. 9. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXI-
BILITY. 
(a) INAPPLICABILITY
OF MATCHING FUNDS RE-
QUIREMENTS.—During the COVID–19 public health 
emergency period, the percentage specified in section 
474(a)(7) of the Social Security Act is deemed to be 100 
percent. 
(b) WAIVER OF EVIDENCE STANDARD.—During the 
COVID–19 public health emergency period, the require-
ment in section 474(a)(7) of the Social Security Act that 
the Secretary determine that a kinship navigator program 
be operated in accordance with promising, supported, or 
well-supported practices that meet the applicable criteria 
specified for the practices in section 471(e)(4)(C) of such 
Act shall have no force or effect. 
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(c) OTHER ALLOWABLE USES OF FUNDS.—A State 
may use funds provided to carry out a kinship navigator 
program— 
(1) for evaluations, independent systematic re-
view, and related activities; 
(2) to provide short-term support to kinship 
families for direct services or assistance during the 
COVID–19 public health emergency period; and 
(3) to ensure that kinship caregivers have the 
information and resources to allow kinship families 
to function at their full potential, including— 
(A) ensuring that those who are at risk of 
contracting COVID–19 have access to informa-
tion and resources for necessities, including 
food, safety supplies, and testing and treatment 
for COVID–19; 
(B) access to technology and technological 
supports needed for remote learning or other 
activities that must be carried out virtually due 
to the COVID–19 public health emergency; 
(C) health care and other assistance, in-
cluding legal assistance and assistance with 
making alternative care plans for the children 
in their care if the caregivers were to become 
unable to continue caring for the children; 
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(D) services to kinship families, including 
kinship families raising children outside of the 
foster care system; and 
(E) assistance to allow children to continue 
safely living with kin. 
(d) 
TERRITORY
CAP
EXEMPTION.—Section 
1108(a)(1) of the Social Security Act shall be applied 
without regard to any amount paid to a territory pursuant 
to this section that would not have been paid to the terri-
tory in the absence of this section. 
SEC. 10. ADJUSTMENT OF FUNDING CERTAINTY BASELINES 
FOR FAMILY FIRST TRANSITION ACT FUND-
ING CERTAINTY GRANTS. 
Section 602(c)(2) of division N of the Further Con-
solidated Appropriations Act, 2020 (Public Law 116–94) 
is amended— 
(1) in subparagraph (C), in the matter pre-
ceding clause (i), by striking ‘‘The calculation’’ and 
inserting ‘‘Except as provided in subparagraph (G), 
the calculation’’; and 
(2) by adding at the end the following: 
‘‘(G) ADJUSTMENT
OF
FUNDING
CER-
TAINTY BASELINES.— 
‘‘(i) HOLD
HARMLESS
FOR
TEM-
PORARY INCREASE IN FMAP.—For each fis-
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cal year specified in subparagraph (B), the 
Secretary shall increase the maximum 
capped allocation for fiscal year 2019 or 
the final cost neutrality limit for fiscal year 
2018 for a State or sub-State jurisdiction 
referred to in subparagraph (A)(i), by the 
amount equal to the difference between— 
‘‘(I) the amount of the foster 
care maintenance payments portion of 
such maximum capped allocation or 
final cost neutrality limit; and 
‘‘(II) the amount that the foster 
care maintenance payments portion of 
such maximum capped allocation or 
final cost neutrality limit would be if 
the Federal medical assistance per-
centage applicable to the State under 
clause (ii) for the fiscal year so speci-
fied were used to determine the 
amount of such portion. 
‘‘(ii) APPLICABLE FEDERAL MEDICAL 
ASSISTANCE PERCENTAGE.—For purposes 
of clause (i)(II), the Federal medical as-
sistance percentage applicable to a State 
for a fiscal year specified in subparagraph 
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