Samier Amer Foster Care Improvement Act of 2021
Bill: H.R.5690 | Sponsor: Rep. Dingell, Debbie (D-MI)
Policy area: Families

Summary:
Samier Amer Foster Care Improvement Act of 2021
This bill revises notification requirements that are triggered when states decide to remove a child from the custody of the child's parent(s) and to place the child in another home.
Specifically, states must provide notice of the decision to each relative who expressed an interest in caring for the child, the guardian of the child, the guardian ad litem for the child, the attorney for the child, the attorney for each parent of the child, the child (if the child is able to express an opinion regarding placement), and the prosecutor involved. The notice must be provided within 90 days after the state makes a placement decision.
States must establish procedures to (1) allow an individual who receives such a notice to request documentation of the reasons for the decision involved, (2) allow the attorney for the child to petition the court involved to review the decision, and (3) require the court to commence a review after receiving a petition.

To amend part E of title IV of the Social Security Act to require 
  States to follow certain procedures in placing a child who has been 
            removed from the custody of his or her parents.

    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 ``Samier Amer Foster Care Improvement 
Act of 2021''.

SEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A 
              CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS.

    (a) In General.--Section 471(a)(29) of the Social Security Act (42 
U.S.C. 671(a)(29)) is amended to read as follows:
            ``(29) provides that--
                    ``(A) within 30 days after the removal of a child 
                from the custody of the parent or parents of the child, 
                the State shall exercise due diligence to identify and 
                provide notice to all adult grandparents and other 
                adult relatives 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 parent 
                        or parents of the child;
                            ``(ii) explains the options the relative 
                        has under Federal, State, and local law to 
                        participate in the care and placement of the 
                        child, including any options that may be lost 
                        by failing to respond to the notice;
                            ``(iii) describes the requirements under 
                        paragraph (10) of this subsection to become a 
                        foster family home and the additional services 
                        and supports that are available for children 
                        placed in such a home; and
                            ``(iv) if the State has elected the option 
                        to make kinship guardianship assistance 
                        payments under paragraph (28) of this 
                        subsection, describes how the relative guardian 
                        of the child may subsequently enter into an 
                        agreement with the State under section 473(d) 
                        to receive the payments;
                    ``(B) within 90 days after the State makes a 
                placement decision with respect to the child, the State 
                shall provide notice of the decision and the reasons 
                therefor to each parent of the child, each relative who 
                has expressed to the State an interest in caring for 
                the child, the guardian, and the guardian ad litem for 
                the child, the attorney for the child, the attorney for 
                each parent of the child, the child (if the child is 
                able to express an opinion regarding placement), and 
                the prosecutor involved; and
                    ``(C) the State shall establish procedures to--
                            ``(i) allow a person who receives a notice 
                        pursuant to subparagraph (B) to request, in 
                        writing, within 5 days after receipt of the 
                        notice, documentation of the reasons for the 
                        decision involved;
                            ``(ii) allow the attorney for the child to 
                        petition the court involved to review the 
                        decision; and
                            ``(iii) require the court to--
                                    ``(I) commence such a review within 
                                7 days after receipt of a petition made 
                                pursuant to clause (ii); and
                                    ``(II) conduct such a review on the 
                                record;''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 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.
            (2) 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 approved under part E of 
        title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendment made by subsection (a), 
        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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