I 
110TH CONGRESS 
1ST SESSION H. R. 2188 
To establish kinship navigator programs, to establish kinship guardianship 
assistance payments for children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2007 
Mr. DAVIS of Illinois (for himself and Mr. JOHNSON of Illinois) introduced 
the following bill; which was referred to the Committee on Ways and 
Means, and in addition to the Committee on Education and Labor, 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 establish kinship navigator programs, to establish kinship 
guardianship assistance payments for children, 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 ‘‘Kinship Caregiver Sup-
port Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
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Sec. 2. Table of contents. 
TITLE I—KINSHIP NAVIGATOR PROGRAM 
Sec. 101. Findings. 
Sec. 102. Purpose. 
Sec. 103. Definitions. 
Sec. 104. Grants. 
Sec. 105. Federal share. 
Sec. 106. Applications. 
Sec. 107. Use of grant funds. 
Sec. 108. Administration of the program. 
Sec. 109. Reservation. 
Sec. 110. Authorization of appropriations. 
TITLE II—SUBSIDIZED GUARDIANSHIP OPTION FOR TITLE IV–E 
Sec. 201. Findings. 
Sec. 202. Kinship guardianship assistance payments for children. 
Sec. 203. Kinship guardianship demonstration projects. 
TITLE III—NOTICE OF CHILDREN ENTERING FOSTER CARE 
Sec. 301. Notice to relatives when children enter foster care. 
Sec. 302. Flexibility to establish separate standards for relative foster family 
homes. 
Sec. 303. Expansion of definition of family support services to include assisting 
kinship caregivers in locating and accessing needed services. 
Sec. 304. Requirement that states inform case workers and families considering 
guardianship of all permanency options and service eligibility. 
TITLE I—KINSHIP NAVIGATOR 
PROGRAM 
SEC. 101. FINDINGS. 
Congress finds the following: 
(1) The 2000 decennial census states that— 
(A) more that 4,500,000 children in the 
United States are living in grandparent-headed 
households, a 30 percent increase from 1990 to 
2000; and 
(B) an additional 1,500,000 children in the 
United States are living in households headed 
by other relatives. 
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(2) In the 2000 decennial census, over 
2,400,000 grandparents reported that they were pri-
marily responsible for meeting the basic needs of 
their grandchildren, and parents were not present in 
about 1⁄3 of the families involved. 
(3) According to the 2000 decennial census, al-
most 1⁄5 of grandparents responsible for their grand-
children live in poverty. 
(4) Kinship caregivers (as defined in section 
103) often face a variety of unnecessary barriers, in-
cluding difficulties enrolling children in school, au-
thorizing medical treatment, maintaining public 
housing leases, obtaining affordable legal services, 
obtaining custody of children or otherwise achieving 
permanency for children in their care, and accessing 
a variety of Federal benefits and services. 
(5) Kinship caregivers can help to keep children 
from entering the foster care system, and provide 
safe and permanent homes, but need services and 
supports to do so. They need better access to health 
insurance, respite care, child care, special education, 
housing, and other benefits. 
(6) Surveys and research on the needs of kin-
ship caregivers report that one of their greatest chal-
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lenges in raising children is getting accurate infor-
mation about— 
(A) the benefits and services that are avail-
able to their families, such as health and mental 
health care, assistance provided under the pro-
gram of block grants to States for temporary 
assistance for needy families established under 
part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.), kinship or foster care, kin-
ship assistance and adoption assistance, child 
care and early education, special education, and 
other services for children with disabilities; and 
(B) the legal authority, responsibilities, 
and rights of kinship caregivers. 
(7) Funding for kinship navigator programs 
can— 
(A) help kinship care families better use 
existing programs and services; and 
(B) increase the capacity of public and pri-
vate not-for-profit agencies, including commu-
nity-based and faith-based agencies, and includ-
ing agencies carrying out related Federal pro-
grams, such as the National Family Caregiver 
Support Program under part E of title III of 
the Older Americans Act of 1965 (42 U.S.C. 
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3030s et seq.), to better serve the needs of kin-
ship care families. 
SEC. 102. PURPOSE. 
The purposes of this title are— 
(1) to establish kinship navigator programs in 
States, large metropolitan areas, and tribal areas to 
assist kinship caregivers in navigating their way 
through programs and services, to help the care-
givers learn about and obtain assistance to meet the 
needs of the children they are raising and their own 
needs; and 
(2) to promote effective partnerships among 
public and private not-for-profit agencies, including 
community-based and faith-based agencies, to help 
the agencies described in this paragraph more effec-
tively and efficiently serve kinship care families and 
address the fragmentation that creates barriers to 
meeting the needs of those families. 
SEC. 103. DEFINITIONS. 
In this title: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary for 
Children and Families of the Department of Health 
and Human Services. 
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(2) KINSHIP CARE FAMILY.—The term ‘‘kinship 
care family’’ means a family with a kinship care-
giver. 
(3) KINSHIP CAREGIVER.—The term ‘‘kinship 
caregiver’’ means a grandparent or stepgrandparent 
of a child, a relative of a child by blood, marriage, 
or adoption, who— 
(A) lives with the child; 
(B) is the primary caregiver of the child 
because the biological or adoptive parent of the 
child is unable or unwilling to serve as the pri-
mary caregiver of the child; and 
(C) has a legal relationship to the child or 
is raising the child informally. 
(4) LARGE
METROPOLITAN
AREA.—The term 
‘‘large metropolitan area’’ means a metropolitan sta-
tistical area, as defined by the Bureau of the Cen-
sus, with a population of not less than 1,000,000. 
(5) METROPOLITAN AGENCY.—The term ‘‘met-
ropolitan agency’’ means an agency serving a large 
metropolitan area, or a county or political subdivi-
sion of a large metropolitan area. 
(6) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the Vir-
gin Islands of the United States, the Commonwealth 
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of Puerto Rico, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
(7) TRIBAL
AREA.—The term ‘‘tribal area’’ 
means the area served by a tribal organization. 
(8) TRIBAL ORGANIZATION.—The term ‘‘tribal 
organization’’— 
(A) means a tribal organization, as defined 
in section 658P of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 
9858n); and 
(B) includes a consortium of tribal organi-
zations described in subparagraph (A). 
SEC. 104. GRANTS. 
(a) IN GENERAL.—The Assistant Secretary may 
make grants to eligible entities to pay for the Federal 
share of the cost of carrying out kinship navigator pro-
grams. 
(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall be a State agency, 
metropolitan agency, or tribal organization, with experi-
ence in— 
(1) addressing the needs of kinship caregivers 
or children; and 
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(2) connecting the children or caregivers with 
appropriate services and assistance, such as services 
and assistance provided by— 
(A) an area agency on aging under the 
Older Americans Act of 1965 (42 U.S.C. 3001 
et seq.); or 
(B) an agency with jurisdiction over child 
welfare, 
income-based 
financial 
assistance, 
human services, or health matters, or a public 
entity that links family resource and support 
programs, for the State, large metropolitan 
area, or Indian tribe involved. 
(c) ALLOCATION OF GRANTS.—Of the funds made 
available for grants under this section for each fiscal year, 
the Assistant Secretary shall use not less than 50 percent 
to make grants to State agencies. 
(d) DURATION OF THE GRANTS.—In making the 
grants, the Assistant Secretary shall make grants— 
(1) in fiscal year 2008, for periods of 3 years; 
(2) in fiscal year 2009, for periods of 2 years; 
and 
(3) in fiscal year 2010, for periods of 1 year. 
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SEC. 105. FEDERAL SHARE. 
(a) IN GENERAL.—The Federal share of the cost of 
carrying out a kinship navigator program under a grant 
shall be— 
(1) 100 percent in the first year of the grant 
period; 
(2) 75 percent in the second year (if any) of the 
grant period; and 
(3) 50 percent in the third year (if any) of the 
grant period. 
(b) NON-FEDERAL SHARE.—The non-Federal share 
of the cost may be provided in cash. Not more than 50 
percent of the non-Federal share of the cost may be pro-
vided in kind, fairly evaluated, including plant, equipment, 
or services. 
SEC. 106. APPLICATIONS. 
(a) IN GENERAL.—To be eligible to receive a grant 
under this title, an entity shall submit an application to 
the Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary 
may require, including, at a minimum, the information de-
scribed in subsection (b). 
(b) CONTENTS.—The application shall include the 
following: 
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(1) A description of the steps the entity will 
take during the first 6 months of the grant period 
to— 
(A) identify gaps in services for kinship 
care families in the State, large metropolitan 
area, or tribal area to be served and the specific 
activities that are needed to bridge the gaps; 
(B) convene a group of partners to assist 
in the operation of the kinship navigator pro-
gram funded through the grant; 
(C) utilize or develop relevant technology; 
(D) conduct outreach to kinship caregivers 
about the kinship navigator program; and 
(E) develop a plan for reaching kinship 
caregivers, ensuring that the caregivers can ac-
cess the kinship navigator program, and fol-
lowing up to ensure that the caregivers actually 
receive necessary services and supports. 
(2) An assurance that the entity will provide at 
least the core activities specified in paragraphs (1) 
and (2) of section 107(b) for kinship care families 
through the kinship navigator program. 
(3) A description of the activities the entity ex-
pects to offer over the grant period and the entity’s 
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initial projection of the number of children and kin-
ship caregivers likely to be served. 
(4) A description of how the entity will involve 
in the planning and operation of the kinship navi-
gator program, on an ongoing basis— 
(A) kinship caregivers; 
(B) youth raised or being raised by kinship 
caregivers; 
(C) representatives of kinship care support 
organizations; 
(D) relevant government agencies (includ-
ing agencies with jurisdiction over matters re-
lating to aging, mental health, mental retarda-
tion or developmental disabilities, substance 
abuse treatment, criminal justice, health, youth 
services, human services, education, income- 
based financial assistance, child welfare, child 
custody, guardianship, adoption, or child sup-
port enforcement); 
(E)(i) not-for-profit service providers, in-
cluding community-based and faith-based agen-
cies; and 
(ii) educational institutions; and 
(F) other State or local agencies or sys-
tems that promote service coordination or pro-
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vide information and referral services, including 
the entities that provide the 2–1–1 or 3–1–1 in-
formation systems where applicable. 
(5) A description of— 
(A) how the entity will coordinate its ac-
tivities with other State or local agencies or sys-
tems that promote service coordination or pro-
vide information and referral services for chil-
dren, families, or older individuals, including 
the entities that provide the 2–1–1 or 3–1–1 in-
formation systems where applicable, so as to 
avoid duplication of services and the fragmenta-
tion of services that prevents kinship care fami-
lies from getting the help the families need; and 
(B) how the entity will encourage regional 
cooperation among agencies, particularly agen-
cies serving border communities that may cross 
jurisdictional lines, to ensure that kinship care 
families will get help. 
(6) An assurance that the entity will report at 
least annually to the Assistant Secretary, in a man-
ner prescribed by the Assistant Secretary, to ensure 
comparability of data across States, on— 
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(A) activities established with the funds 
made available through grants made under this 
title; 
(B) the numbers and ages of the children 
and caregivers assisted through the grants; 
(C) the types of the assistance provided; 
(D) the outcomes achieved with the assist-
ance; and 
(E) the barriers identified to meeting the 
needs of kinship care families and plans for ad-
dressing the barriers. 
(7) An assurance that the entity, not later than 
3 months after the end of the final year of the grant 
period, will submit a final report to the Administra-
tion for Children and Families that describes— 
(A) the numbers and ages of the children 
and caregivers assisted through the grants; 
(B) the types of assistance provided; 
(C) the outcomes achieved with the assist-
ance; 
(D) the barriers to meeting the needs of 
kinship care families that were addressed 
through the grants; 
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(E) the plans of the entity to continue the 
kinship navigator program after the grant pe-
riod has ended; 
(F) lessons learned during the grant pe-
riod; and 
(G) recommendations about the consider-
ations that should be taken into account as the 
program carried out under this title is expanded 
throughout the Nation. 
(c) PREFERENCE.—In awarding grants under this 
title, the Assistant Secretary shall give preference to agen-
cies or organizations that can demonstrate that the agen-
cies and organizations will offer the full array of activities 
described in section 107(b). 
SEC. 107. USE OF GRANT FUNDS. 
(a) IN GENERAL.—An entity that receives a grant 
under this title may use the funds made available through 
the grant directly, or through grants or contracts with 
other public or private not-for-profit agencies, including 
community-based or faith-based agencies, that have expe-
rience in connecting kinship caregivers with appropriate 
services and assistance. 
(b) USE OF FUNDS.—An entity that receives a grant 
under this title may use the funds made available through 
the grant for activities that help to connect kinship care-
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givers with the services and assistance required to meet 
the needs of the children the caregivers are raising and 
their own needs, such as— 
(1) establishing and maintaining information 
and referral systems that— 
(A) assist, through toll free access that in-
cludes access to a live operator, kinship care-
givers, kinship care service providers, kinship 
care support group facilitators, and others to 
learn about and link to— 
(i) local kinship care service providers, 
support groups, respite care programs, and 
special services for incarcerated parents; 
(ii) eligibility and enrollment informa-
tion for Federal, State, and local benefits, 
such as— 
(I) 
education 
(including 
pre-
school, elementary, secondary, post-
secondary, and special education); 
(II) family support services, early 
intervention services, mental health 
services, substance abuse prevention 
and treatment services, services to ad-
dress 
domestic 
violence 
problems, 
services to address HIV or AIDS, 
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legal services, child support, housing 
assistance, and child care; 
(III) the disability insurance ben-
efits program established under title 
II of the Social Security Act (42 
U.S.C. 401 et seq.); 
(IV) the program of block grants 
to States for temporary assistance for 
needy families established under part 
A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.); 
(V) the supplemental security in-
come program established under title 
XVI of the Social Security Act (42 
U.S.C. 1381 et seq.); 
(VI) the medicaid program estab-
lished under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.); 
(VII) the State children’s health 
insurance program established under 
title XXI of the Social Security Act 
(42 U.S.C. 1397aa et seq.); 
(VIII) the program of Federal 
payments for foster care and adoption 
assistance established under part E of 
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title IV of the Social Security Act (42 
U.S.C. 670 et seq.), including the pro-
gram of kinship guardianship assist-
ance payments for children established 
under section 472A of that Act; and 
(IX) the food stamp program es-
tablished under the Food Stamp Act 
of 1977 (7 U.S.C. 2011 et seq.); 
(iii) relevant training to assist kinship 
caregivers in obtaining benefits and serv-
ices and performing their caregiving activi-
ties; and 
(iv) relevant legal assistance and help 
in obtaining access to legal services, includ-
ing access to legal aid service providers 
and statewide elder law hotlines; 
(B) provide outreach to kinship care fami-
lies, in collaboration with schools, pediatric care 
clinics, kinship care organizations, senior citizen 
centers, agencies with jurisdiction over child 
welfare or human services, and others to link 
the families to the kinship navigator program 
and to services and assistance; and 
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(C) establish, distribute, and regularly up-
date kinship care resource guides, websites, or 
other relevant outreach materials; 
(2) promoting partnerships between public and 
private not-for-profit agencies, including community- 
based and faith-based agencies— 
(A) to help the agencies described in this 
paragraph more effectively and efficiently meet 
the needs of kinship care families; and 
(B) to familiarize the agencies about the 
special needs of kinship care families, policies 
that affect their eligibility for a range of edu-
cation, health, mental health, social, child care, 
and child welfare services, income-based finan-
cial assistance, legal assistance, and other serv-
ices and benefits, and the means for making 
policies more supportive of kinship care fami-
lies; 
(3) establishing and supporting a kinship care 
ombudsman who has the authority to actively inter-
vene with State agency staff or service providers 
with which the State agency contracts to help en-
sure, through various appropriate means including 
working with individual families in an ongoing man-
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ner, that kinship caregivers get the services they 
need and for which they are eligible; and 
(4) supporting other activities that are designed 
to assist kinship caregivers in obtaining benefits, 
services, and activities designed to improve their 
caregiving. 
(c) LIMITATION.—Except as provided in subsection 
(b)(4), the entity may not use any of the funds made avail-
able through the grant for direct services to children in 
kinship care families or to kinship caregivers. 
SEC. 108. ADMINISTRATION OF THE PROGRAM. 
(a) CONSULTATION.—In administering the program 
carried out under this title, the Assistant Secretary shall 
periodically consult with the Assistant Secretary for Aging 
of the Department of Health and Human Services. 
(b) REGULATIONS AND GUIDANCE.—Not later than 
90 days after the date of enactment of this Act, the Assist-
ant Secretary shall issue regulations or guidance that an-
nounces the availability of funds under this title and speci-
fies the procedures for applying for the funds. 
SEC. 109. RESERVATION. 
The Assistant Secretary may reserve not more than 
1 percent of the funds made available under this title for 
a fiscal year to provide technical assistance to the recipi-
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ents of grants under this title related to the purposes of 
the grants. 
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this title $25,000,000 for fiscal year 2008, $50,000,000 
for fiscal year 2009, and $75,000,000 for fiscal year 2010. 
TITLE II—SUBSIDIZED GUARD-
IANSHIP OPTION FOR TITLE 
IV–E 
SEC. 201. FINDINGS. 
The Congress finds the following: 
(1) By enacting the Adoption and Safe Families 
Act of 1997 (Public Law 105–89) and the Adoption 
Assistance and Child Welfare Act of 1980 (Public 
Law 96–272), the Congress recognized the need to 
align Federal incentives with the desired goal of pro-
viding abused and neglected children safe, perma-
nent homes. 
(2) According to the nonpartisan Pew Commis-
sion on Children in Foster Care composed of former 
Members of Congress of both parties and other child 
welfare experts, between 1997 and 2002, adoptions 
increased by 64 percent, and each State, the District 
of Columbia, and Puerto Rico has earned an award 
for increasing adoptions. 
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(3) Adoption represents only one avenue to per-
manency for children in the foster care system, af-
fecting only 9 percent of children in foster care in 
2003. Adoption is not a viable option for many chil-
dren in foster care. Children living with relatives are 
less likely to use adoption, and courts explicitly rule 
out this permanency option for thousands of children 
each year. 
(4) Moreover, due to cultural norms, adoption 
is not equally availed by children and families of all 
races and ethnicities. African-American children live 
in kinship care arrangements more than in other 
types of care arrangements and have a lower rate of 
adoption than other children, making reunification 
and kinship guardianship important permanency op-
tions for this population. 
(5) Reunification and kinship guardianship are 
central avenues by which any child in foster care 
may enter stable, caring homes. In 2002, 54 percent 
of children in foster care were reunified with their 
parents and 4 percent obtained kinship guardian-
ship. 
(6) Unfortunately, studies show that the focus 
on adoption has had the unintended consequence of 
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reducing the likelihood of reunifying children with 
their birth families. 
(7) Moreover, Federal guidelines create a finan-
cial disincentive to kinship guardianship because im-
portant Federal support ceases once kinship guard-
ianship is established, presenting an overwhelming 
hardship for caretakers given the known health and 
mental health problems of children who have been in 
foster care. Research indicates that 30 to 40 percent 
of youth in foster care experience chronic medical 
problems. 
(8) To help meet the needs of foster children 
with special needs who are adopted, approximately 
$308 per month in Federal funds is provided to 
their adoptive families. The Federal Government 
pays approximately $387 per month to cover all 
adoption assistance program costs, including month-
ly payments to families, administration, and train-
ing. 
(9) Remaining in foster care when stable, per-
manent families are available places unnecessary 
burdens on States, caseworkers, and families, requir-
ing regular court appearances, quarterly case re-
views, monthly caseworker visits, and government in-
volvement in routine family activities and decisions. 
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(10) Since 1997, many States have developed 
subsidized kinship guardianship programs. Empirical 
research demonstrates that this option dramatically 
increases the number of children in permanent 
homes, with the largest reductions in foster care 
caseloads occurring when the Federal Government 
provides the funding and when the financial benefits 
for foster care match those of kinship guardianship. 
SEC. 202. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 
FOR CHILDREN. 
(a) IN GENERAL.—Part E of title IV of the Social 
Security Act (42 U.S.C. 670–679b) is amended by insert-
ing after section 472 the following: 
‘‘SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENTS FOR CHILDREN. 
‘‘(a) IN GENERAL.—Each State with a plan approved 
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 relatives who have assumed legal 
guardianship (as defined in section 475(7)) of children for 
whom they have cared as foster parents and whom they 
have committed to care for on a permanent basis. 
‘‘(b) KINSHIP GUARDIANSHIP ASSISTANCE AGREE-
MENT.— 
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‘‘(1) IN
GENERAL.—In order to receive pay-
ments under section 474(a)(5)— 
‘‘(A) a State shall— 
‘‘(i) negotiate and enter into a written 
kinship guardianship assistance agreement 
with the prospective relative guardian of a 
child who meets the requirements of sub-
section (d); 
‘‘(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 such an agreement 
shall be provided medical assistance under 
title XIX in accordance with section 
1902(a)(10)(A)(i)(I). 
‘‘(2) MINIMUM
REQUIREMENTS.—The agree-
ment shall specify, at a minimum— 
‘‘(A) the amount of, and manner in which, 
each kinship guardianship assistance payment, 
if any, will be provided under the agreement; 
‘‘(B) the additional services and assistance 
for which the child and relative guardian will be 
eligible under the agreement; 
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‘‘(C) the procedure by which the relative 
guardian may apply for additional services as 
needed, provided the agency and relative guard-
ian agree on the additional services as specified 
in the case plan; and 
‘‘(D) subject to paragraph (4), that the 
State will pay the nonrecurring expenses associ-
ated with obtaining legal guardianship of the 
child. 
‘‘(3) INTERSTATE
APPLICATION.—The agree-
ment shall provide— 
‘‘(A) that the agreement shall remain in 
effect without regard to the State residency of 
the relative guardian; and 
‘‘(B) for the protection (under an inter-
state compact approved by the Secretary or oth-
erwise) of the interests of the child in any case 
where the relative guardian and the child move 
to another State while the agreement is in ef-
fect. 
‘‘(4) NONRECURRING
EXPENSES
ASSOCIATED 
WITH OBTAINING LEGAL GUARDIANSHIP.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (2)(D), the term ‘nonrecurring expenses 
associated with obtaining kinship guardianship’ 
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includes the reasonable and necessary fees, 
court costs, attorneys’ fees, and other expenses 
that are directly related to obtaining legal 
guardianship of the child and are not incurred 
in violation of Federal or State law. 
‘‘(B) FEDERAL
SHARE.—A State’s pay-
ment of the nonrecurring expenses associated 
with obtaining legal guardianship shall be treat-
ed as an expenditure made for the proper and 
efficient administration of the State plan under 
section 474(a)(3)(E). 
‘‘(c) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENT.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The kinship guardian-
ship assistance payment shall be— 
‘‘(i) negotiated as part of the kinship 
guardianship assistance agreement re-
quired under subsection (b)(1)(A)(i) be-
tween the relative guardian and the State 
or local agency responsible for admin-
istering the agreement; 
‘‘(ii) based on consideration of the cir-
cumstances and the needs of the relative 
guardian and the child; and 
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‘‘(iii) equal to the amount of the fos-
ter care maintenance payment which would 
have been payable with respect to the child 
if the child had remained in foster care. 
‘‘(B) 
READJUSTMENT.—The 
kinship 
guardianship assistance payment may be read-
justed periodically, with the concurrence of the 
relative guardian, based on relevant changes in 
the needs of the child. 
‘‘(2) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no kinship guardianship as-
sistance payment may be made to a relative 
guardian for any child who has attained 18 
years of age. 
‘‘(B) EXCEPTIONS.—A kinship guardian-
ship assistance payment may be made to a rel-
ative guardian with respect to a child who— 
‘‘(i) is a full-time student in a sec-
ondary school or in the equivalent level of 
a vocational or technical training program, 
and has not attained 19 years of age; or 
‘‘(ii) the State determines has a men-
tal or physical disability that warrants the 
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continuation of assistance until the child 
attains 21 years of age. 
‘‘(d) CHILD’S ELIGIBILITY FOR A KINSHIP GUARD-
IANSHIP ASSISTANCE PAYMENT.— 
‘‘(1) IN GENERAL.—A child is eligible for a kin-
ship guardianship assistance payment under this 
section if the State agency determines the following: 
‘‘(A) The child— 
‘‘(i) has been under the care of the 
State agency for the 12-month period end-
ing on the date of the agency determina-
tion; and 
‘‘(ii) while under such care, was eligi-
ble for foster care maintenance payments 
under section 472 or would have been eligi-
ble for such payments but for his or her 
placement in the home of a relative deter-
mined by the courts and the State agency 
responsible for child protective services to 
meet all applicable State safety standards 
(other than licensure). 
‘‘(B) Being returned home or adopted are 
not appropriate permanency options for the 
child. 
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‘‘(C) The child demonstrates a strong at-
tachment to the prospective relative guardian 
and the prospective relative guardian has a 
strong commitment to caring permanently for 
the child. 
‘‘(D) With respect to a child who has at-
tained 14 years of age, the child has been con-
sulted regarding the kinship guardianship ar-
rangement. 
‘‘(2) TREATMENT OF SIBLINGS.—With respect 
to a child described in paragraph (1) whose sibling 
or siblings are not so described— 
‘‘(A) the child and any minor sibling of the 
child may be placed in the same kinship guard-
ianship arrangement if the State agency and 
the prospective relative agree on the appro-
priateness of the arrangement for the siblings; 
and 
‘‘(B) kinship guardianship assistance pay-
ments may be paid for the child and each sib-
ling so placed.’’. 
(b) MAINTAINING ELIGIBILITY FOR ADOPTION AS-
SISTANCE PROGRAM.—Section 473(a) of such Act (42 
U.S.C. 673(a)) is amended by adding at the end the fol-
lowing: 
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‘‘(7) The adoptive parents of a child who has been 
determined by the State, pursuant to subsection (c), to 
be a child with special needs and on whose behalf kinship 
guardianship assistance payments have been made under 
section 472A shall be eligible for adoption assistance as 
if no kinship guardianship agreement or payments had 
been made. The State shall make payments of non-
recurring adoption expenses under this section to the 
adoptive parents of such a child. The State may make 
adoption assistance payments under this section even if 
the child fails to meet the requirements of subparagraphs 
(A) and (B) of paragraph (2), if the child would meet the 
requirements of such subparagraphs if the child were 
treated as if the child were in the same financial and other 
circumstances the child was in at the time the kinship 
guardianship assistance agreement was made.’’. 
(c) EXPANSION OF ELIGIBILITY FOR FOSTER CARE 
INDEPENDENCE PROGRAM.—Section 477 of such Act (42 
U.S.C. 677) is amended— 
(1) in subsection (a)(1), by striking ‘‘18’’ and 
inserting ‘‘14’’; and 
(2) in subsection (i)(2), by striking ‘‘youths 
adopted from foster care after attaining age 16’’ and 
inserting ‘‘youths in or exiting from foster care after 
attaining 14 years of age’’. 
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(d) AUTHORITY TO USE FOSTER CARE INDEPEND-
ENCE PROGRAM FUNDS TO PROVIDE INDEPENDENT LIV-
ING SERVICES AND EDUCATION AND TRAINING VOUCH-
ERS FOR CHILDREN WHO EXIT FOSTER CARE TO GUARD-
IANSHIP OR ADOPTION AFTER AGE 14.— 
(1) INDEPENDENT LIVING SERVICES.—Section 
477(a) of such Act (42 U.S.C. 677(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (5); 
(B) by striking the period at the end of 
paragraph (6) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) to provide the services referred to in this 
subsection to children who, after attaining 14 years 
of age, have left foster care for kinship guardianship 
or adoption.’’. 
(2) EDUCATION
AND
TRAINING
VOUCHERS.— 
Section 477(i)(2) of such Act (42 U.S.C. 677(i)(2)) 
is amended by striking ‘‘from foster care after at-
taining age 16’’ and inserting ‘‘or entering kinship 
guardianship from foster care after attaining 14 
years of age’’. 
(e) CONFORMING AMENDMENTS.— 
(1) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(20)(A) of such Act (42 U.S.C. 671(a)(20)) is 
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amended in the matter preceding clause (i) by strik-
ing ‘‘foster or adoptive parent before the foster or 
adoptive parent may be finally approved for place-
ment of a child on whose behalf foster care mainte-
nance payments or adoption assistance payments’’ 
and inserting ‘‘foster parent, adoptive parent, or rel-
ative guardian before the foster parent, adoptive 
parent, or relative guardian may be finally approved 
for placement of a child on whose behalf foster care 
maintenance payments, adoption assistance pay-
ments, or kinship guardianship assistance pay-
ments’’. 
(2) PAYMENTS TO STATES.—Section 474(a) of 
such Act (42 U.S.C. 674(a)) is amended— 
(A) in paragraph (3)(B), by striking ‘‘fos-
ter or adoptive parents and the members of the 
staff of State-licensed or State-approved child 
care institutions providing care to foster and 
adopted children receiving assistance under this 
part, in ways that increase the ability of such 
current or prospective parents, staff members, 
and institutions to provide support and assist-
ance to foster and adopted children,’’ and in-
serting ‘‘foster parents, adoptive parents, or rel-
ative guardians and the members of the staff of 
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State-licensed or State-approved child care in-
stitutions providing care to foster children, 
adoptive children, or children living with a rel-
ative guardian, who are receiving assistance 
under this part, in ways that increase the abil-
ity of such current or prospective parents, rel-
ative guardians, staff members, and institutions 
to provide support and assistance to foster chil-
dren, adoptive children, or children living with 
a relative guardian,’’; 
(B) in paragraph (4)(B), by striking the 
period at the end and inserting ‘‘; plus’’; and 
(C) by adding at the end the following: 
‘‘(5) an amount equal to the Federal medical 
assistance percentage (as defined in section 1905(b)) 
of the total amount expended during such quarter as 
kinship guardianship assistance payments under sec-
tion 472A pursuant to kinship guardianship assist-
ance agreements.’’. 
(3) DEFINITIONS.—Section 475(1) of such Act 
(42 U.S.C. 675(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a child with respect to 
whom the permanency plan is placement with a 
relative and receipt of kinship guardianship as-
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sistance payments under section 472A, a de-
scription of— 
‘‘(i) the steps that the agency has 
taken to determine that it is not appro-
priate for the child to be returned home or 
adopted; 
‘‘(ii) the reasons why a permanent 
placement with a fit and willing relative 
through a kinship guardianship assistance 
arrangement is in the child’s best interests; 
‘‘(iii) the ways in which the child 
meets the eligibility requirements for a kin-
ship guardianship assistance payment; 
‘‘(iv) the efforts the agency has made 
to discuss adoption by the child’s relative 
foster parent as a more permanent alter-
native to legal guardianship and, in the 
case of a relative foster parent who has 
chosen not to pursue adoption, documenta-
tion of the reasons therefor; and 
‘‘(v) the efforts made by the State 
agency to secure the consent of the child’s 
parent or parents to the kinship guardian-
ship assistance arrangement, or the rea-
sons why the efforts were not made.’’. 
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(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section take effect on the 1st day of the 1st cal-
endar quarter that begins after the date of the en-
actment of this Act, and shall apply to payments 
under part E of title IV of the Social Security Act 
for calendar quarters beginning on or after such 
day, without regard to whether regulations to imple-
ment the amendments have been issued. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—In the case of a State plan under part 
E of title IV of the Social Security Act which the 
Secretary determines requires State legislation in 
order for the plan to meet the additional require-
ments imposed by the amendments made by this 
Act, the effective date of the amendments imposing 
the additional requirements shall be the 1st day of 
the 1st calendar quarter beginning after the close of 
the 1st regular session of the State legislature that 
begins after the date of the enactment of this Act. 
For purposes of the preceding sentence, in the case 
of a State that has a 2-year legislative session, each 
year of the session shall be considered to be a sepa-
rate regular session of the State legislature. 
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SEC. 
203. 
KINSHIP 
GUARDIANSHIP 
DEMONSTRATION 
PROJECTS. 
(a) AUTHORITY TO CONDUCT PROJECTS.—The Sec-
retary shall enter into agreements with eligible entities to 
conduct demonstration projects for the purpose of pro-
viding kinship guardianship assistance payments on behalf 
of children to grandparents and other relatives who have 
assumed legal guardianship (as defined in section 475(7) 
of the Social Security Act (42 U.S.C. 675(7)) of the chil-
dren for whom they have cared as foster parents and for 
whom they have committed to care for on a permanent 
basis in States that have not elected the option to provide 
kinship guardianship assistance payments for children 
under section 472A of the Social Security Act (as added 
by section 201 of this Act). 
(b) TERMS AND CONDITIONS.—The terms and condi-
tions applicable to demonstration projects conducted 
under this section shall be consistent with the terms and 
conditions applicable to the State option to provide kinship 
guardianship assistance payments for children under sec-
tion 472A of the Social Security Act. 
(c) REPORT.—Not later than October 1, 2009, and 
annually thereafter, the Secretary shall submit a report 
to Congress on the demonstration projects conducted 
under this section. 
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to conduct demonstration projects under this 
section for fiscal years beginning with fiscal year 2008. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) an agency of a State or of a political 
subdivision of a State, a tribal organization (as 
defined in section 103(8)), or a consortium of 
any number of such agencies or organizations; 
and 
(B) any other entity that the Secretary de-
termines is qualified to conduct a demonstra-
tion project under this section. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
TITLE III—NOTICE OF CHILDREN 
ENTERING FOSTER CARE 
SEC. 301. NOTICE TO RELATIVES WHEN CHILDREN ENTER 
FOSTER CARE. 
(a) IN GENERAL.—Section 471(a)(19) of the Social 
Security Act (42 U.S.C. 671(a)(19)) is amended— 
(1) by striking ‘‘that the State’’ and inserting 
‘‘that— 
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‘‘(A) the State’’; 
(2) by adding ‘‘and’’ after the semicolon; and 
(3) by adding at the end the following: 
‘‘(B) within 60 days of the removal of the 
child from the custody of the child’s parent or 
parents, the State shall identify and give notice 
to all adult grandparents and other adult rel-
atives of the child (including any other adult 
relatives suggested by the parents), subject to 
exceptions due to family or domestic violence, 
that— 
‘‘(i) specifies that the child has been 
or is being removed from the custody of 
the child’s parent or parents; and 
‘‘(ii) explains the options the relative 
has under Federal, State, and local law to 
participate in the child’s care and place-
ment, including any options that may be 
lost by failing to respond to the notice;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2007. 
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SEC. 302. FLEXIBILITY TO ESTABLISH SEPARATE STAND-
ARDS 
FOR 
RELATIVE 
FOSTER 
FAMILY 
HOMES. 
(a) IN GENERAL.—Section 471(a)(10) of the Social 
Security Act (42 U.S.C. 671(a)(10)) is amended— 
(1) by striking ‘‘which shall be responsible’’ and 
inserting ‘‘which— 
‘‘(A) shall be responsible’’; 
(2) by inserting ‘‘and’’ after the semicolon; and 
(3) by adding at the end the following: 
‘‘(B) may— 
‘‘(i) 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 safe-
ty of the child and provide for criminal 
records checks, as described in paragraph 
(20); and 
‘‘(ii) apply the standards referred to 
in clause (i) to any such relative foster 
care provider to whom funds are paid pur-
suant to section 472 or part B in lieu of 
the standards that would otherwise apply 
to a foster family home;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2007. 
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SEC. 303. EXPANSION OF DEFINITION OF FAMILY SUPPORT 
SERVICES TO INCLUDE ASSISTING KINSHIP 
CAREGIVERS IN LOCATING AND ACCESSING 
NEEDED SERVICES. 
(a) IN GENERAL.—Section 431(a)(2) of the Social 
Security Act (42 U.S.C. 629a(a)(2)) is amended by insert-
ing ‘‘to assist kinship caregivers or guardians in locating 
and accessing needed services,’’ after ‘‘marriages,’’. 
(b) EFFECTIVE DATE.—Section 202(f) of this Act 
shall apply to the amendment made by this section. 
SEC. 304. REQUIREMENT THAT STATES INFORM CASE 
WORKERS 
AND 
FAMILIES 
CONSIDERING 
GUARDIANSHIP OF ALL PERMANENCY OP-
TIONS AND SERVICE ELIGIBILITY. 
(a) IN GENERAL.—Section 472A(b)(1) of the Social 
Security Act, as added by section 202(a) of this Act, is 
amended— 
(1) by adding ‘‘and’’ at the end of subpara-
graph (A); and 
(2) by adding after and below the end the fol-
lowing: 
‘‘(B) the chief executive officer of the State 
shall certify to the Secretary that the State 
will— 
‘‘(i) inform the individuals who pre-
pare the case plan for a child of the full 
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range of permanency options available to 
children, including guardianship, and pro-
vide or otherwise make accessible to the in-
dividuals information on the range of phys-
ical and mental health, financing, housing, 
counseling, employment, education, and 
other support services which guardians and 
children may receive; and 
‘‘(ii) 
inform 
families 
considering 
guardianship of all permanency options 
available to the child and of the range of 
physical and mental health, financial, 
housing, counseling, employment, edu-
cation, and other support services which 
guardians and children may receive.’’. 
(b) EFFECTIVE DATE.—Section 202(f) of this Act 
shall apply to the amendments made by this section. 
Æ 
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