I 
117TH CONGRESS 
1ST SESSION H. R. 2033 
To amend subpart 1 of part B of title IV of the Social Security Act to 
ensure that mental health screenings and assessments are provided to 
children and youth upon entry into foster care. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2021 
Mrs. LAWRENCE (for herself, Ms. BASS, Mr. LANGEVIN, Mr. HASTINGS, Mrs. 
HAYES, Ms. NORTON, Ms. TLAIB, Mr. NADLER, and Mr. CARSON) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend subpart 1 of part B of title IV of the Social 
Security Act to ensure that mental health screenings 
and assessments are provided to children and youth upon 
entry into foster care. 
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 ‘‘Timely Mental Health 
for Foster Youth Act’’. 
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SEC. 2. TIMELY MENTAL HEALTH SCREENINGS AND AS-
SESSMENTS 
FOR 
CHILDREN 
AND 
YOUTH 
UPON ENTRY INTO FOSTER CARE. 
(a) STATE AND TRIBAL PLAN REQUIREMENT.—Sec-
tion 422(b)(15)(A) of the Social Security Act (42 U.S.C. 
622(b)(15)(A)) is amended— 
(1) in clause (i), by inserting ‘‘and that require 
that an initial mental health screening of any child 
in foster care be completed not later than 30 days 
after the date the child enters into foster care and, 
in the case of any child in foster care for whom a 
mental health issue is identified in such initial 
screening, that a comprehensive assessment of the 
mental health of the child be completed not later 
than 60 days after the date the child enters into fos-
ter care’’ before the semicolon; and 
(2) in clause (ii)— 
(A) by striking ‘‘screenings’’ and inserting 
‘‘such screenings and assessments’’; and 
(B) by inserting ‘‘which shall ensure an-
nual mental health screenings, including, as ap-
propriate, follow-up assessment and treatment, 
for the duration of a child’s placement in the 
foster care’’ before the semicolon. 
(b) 
TECHNICAL
AMENDMENT.—Section 
422(b)(15)(A) of such Act (42 U.S.C. 622(b)(15)(A)) is 
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further amended, in the matter before clause (i), by strik-
ing ‘‘provides’’ and inserting ‘‘provide’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on October 1, 2022. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—In the case of a State plan approved 
under subpart 1 of part B of title IV of the Social 
Security Act which the Secretary of Health and 
Human Services determines requires State legisla-
tion (other than legislation appropriating funds) in 
order for the plan to meet the additional require-
ments imposed by this section, the State plan shall 
not be regarded as failing to comply with the re-
quirements of such subpart solely on the basis of the 
failure of the plan to meet such additional require-
ments before the first day of the first calendar quar-
ter beginning after the close of the first regular ses-
sion of the State legislature that begins after the 
date of enactment of this section. For purposes of 
the previous sentence, in the case of a State that has 
a 2-year legislative session, each year of such session 
shall be deemed to be a separate regular session of 
the State legislature. 
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SEC. 3. TECHNICAL ASSISTANCE TO STATES. 
The Administration for Children and Families and 
the Center for Medicare and Medicaid Services of the De-
partment of Health and Human Services shall provide 
technical assistance to States on how to comply with the 
amendments made by section 2(a) of this Act. The Admin-
istration for Children and Families and the Center for 
Medicare and Medicaid Services should consult with other 
relevant Federal agencies on the development of the tech-
nical assistance, which should take into account evidence- 
based best practices. 
SEC. 4. DATA COLLECTION. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with State and local pub-
lic officials responsible for administering child welfare pro-
grams, child welfare advocates, pediatric mental health ex-
perts, and researchers shall— 
(1) identify data elements needed to track— 
(A) the number of children receiving an 
initial mental health screening required under 
section 422(b)(15)(A)(i) of the Social Security 
Act (42 U.S.C. 622(b)(15)(A)) (as amended by 
section 2(a) of this Act); 
(B) whether or not such required initial 
mental health screening occurs within 30 days 
of a child’s entry or re-entry into foster care; 
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