Access to Foster Care to 21 Act
Bill: H.R.8177 | Sponsor: Rep. Chu, Judy (D-CA)
Policy area: Families

Summary:
Access to Foster Care to 21 Act
This bill allows certain youth who have reached the age of 18 to voluntarily reenter foster care.

To extend child welfare support and services for youth under 21 years 
 of age, and to allow youth to re-enter foster care after attaining 18 
years of age without regard to the AFDC eligibility of their parents or 
                legal guardians, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Foster Care to 21 Act''.

SEC. 2. FINDINGS.

    The Congress finds that each additional year in extended foster 
care has--
            (1) significantly increased the probability that youth 
        completed a high school credential by approximately 8 percent;
            (2) increased their expected probability of enrolling in 
        college by between 10 percent and 11 percent;
            (3) increased the number of quarters that youth have been 
        employed between their 18th and 21st birthdays;
            (4) increased the amount of money youth have had in bank 
        accounts by an average of approximately $404;
            (5) increased the odds that youth have described a 
        professional as a source of social support;
            (6) significantly decreased the amount of money youth have 
        received in need-based public food assistance by an average of 
        more than $700;
            (7) decreased the odds of having experienced an additional 
        economic hardship between the ages of 17 and 21 by 
        approximately 12 percent;
            (8) decreased the odds of being homeless or couch-surfing 
        between the ages of 17 and 21 by approximately 28 percent;
            (9) decreased the odds that youth have become pregnant or 
        impregnated a female between the ages of 17 and 21 by 
        approximately 28 percent; and
            (10) decreased the odds that youth have been arrested 
        between the ages of 17 and 21 by approximately 41 percent and 
        decreased the odds that youth have been convicted of a crime 
        during the same period by approximately 40 percent.

SEC. 3. EXTENDED CHILD WELFARE SUPPORT AND SERVICES FOR YOUTH 
              TRANSITIONING FROM FOSTER CARE.

    (a) In General.--Section 475(8) of the Social Security Act (42 
U.S.C. 675(8)) is amended--
            (1) by striking ``subparagraph (B)'' and inserting 
        ``subparagraphs (B) and (C)'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) At the option of the youth involved, the term 
                shall include a youth who is in foster care under the 
                responsibility of the State.''; and
            (3) by adding at the end the following:
                    ``(C) The term shall include a youth--
                            ``(i)(I) with respect to whom an adoption 
                        assistance agreement is in effect under section 
                        473 if the youth had attained 16 years of age 
                        before the agreement became effective; or
                            ``(II) with respect to whom a kinship 
                        guardianship assistance agreement is in effect 
                        under section 473(d) if the youth had attained 
                        16 years of age before the agreement became 
                        effective; and
                            ``(ii) who has not attained 19, 20, or 21 
                        years of age, as the State may elect.
                    ``(D) In this paragraph, the term `youth' means an 
                individual--
                            ``(i) who has attained 18 years of age; and
                            ``(ii) who has not attained 21 years of 
                        age.''.
    (b) Enforcement.--Section 474 of such Act (42 U.S.C. 674) is 
amended by adding at the end the following:
    ``(h)(1) If the Secretary finds, as a result of a review conducted 
under section 1123A, or otherwise, that a State program operated under 
this part (other than under section 477) in a fiscal year has been 
operated using a definition of `child' that excludes any youth within 
the meaning of the applicable provisions of section 475(8), then, 
notwithstanding subsection (a) of this section and any regulations 
promulgated under section 1123A(b)(3), the Secretary shall assess a 
penalty against the State in an amount equal to not less than 1 percent 
and not more than 5 percent of the amount of the total amount otherwise 
payable to the State under this part (other than under section 477) for 
the fiscal year involved.
    ``(2) The Secretary shall assess penalties under this subsection 
based on the degree of noncompliance.
    ``(3)(A) Before imposing a penalty against a State under this 
subsection, the Secretary shall notify the State of the noncompliance 
and afford the State an opportunity to correct the noncompliance and 
prevent future noncompliance.
    ``(B) The Secretary may not impose a penalty against a State under 
this subsection with respect to any noncompliance covered by a 
corrective compliance plan agreed to by the State and the Secretary if 
the State corrects the noncompliance in accordance with the plan.''.

SEC. 4. PROMOTING THE RE-ENTRY OF YOUTH INTO EXTENDED FOSTER CARE.

    (a) In General.--Section 471(a) of the Social Security Act (42 
U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (36);
            (2) by adding ``and'' at the end of paragraph (37); and
            (3) by adding at the end the following:
            ``(38) requires the State to--
                    ``(A) permit any youth who has attained 18 years of 
                age and meets the requirements of section 475(8)(C) to 
                voluntarily re-enter foster care; and
                    ``(B) facilitate the voluntary return of any such 
                youth to foster care.''.
    (b) Guidance and Technical Assistance.--The Secretary of Health and 
Human Services shall provide guidance and technical assistance to 
States on best practices for outreach to youth who have left foster 
care, and are otherwise eligible for re-entry into foster care.

SEC. 5. IMPROVE OUTCOMES FOR TRANSITION-AGED YOUTH AND YOUNG ADULTS.

    Section 472(a)(1)(B) of the Social Security Act (42 U.S.C. 
672(a)(1)(B)) is amended by inserting ``except in the case of a youth 
who has attained 18 years of age and meets the requirements of section 
475(8)(C),'' before ``the child''.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect 
on the 1st day of the 1st fiscal year beginning on or after the date of 
the enactment 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 date.
    (b) Delay Permitted if State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan developed pursuant to part E of title IV of the 
Social Security Act to meet the additional requirements imposed by the 
amendments made by this Act, the plan shall not be regarded as failing 
to meet any of the additional requirements before the 1st day of the 
1st calendar quarter beginning after the first regular session of the 
State legislature that begins after the date of the enactment of this 
Act. For purposes of the preceding sentence, if the State has a 2-year 
legislative session, each year of the session is deemed to be a 
separate regular session of the State legislature.
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