Title: State Flexibility for Family First Transitions Act
Policy area: Social Welfare

Summary:
State Flexibility for Family First Transitions Act
This bill provides states with the option to extend by two years a child-welfare demonstration project scheduled to end in FY2019.
A state extending a demonstration project shall provide a plan to the Department of Health and Human Services specifying how the project will transition by FY2021 to comply with provisions in the Bipartisan Budget Act of 2018 relating to childcare institutions, foster family homes, and assessment standards for qualified residential-treatment programs.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 107 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 107

To provide any State with a child welfare demonstration project that is 
  scheduled to terminate at the end of fiscal year 2019 the option to 
            extend the project for up to 2 additional years.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2019

  Mr. Rubio (for himself and Mrs. Feinstein) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide any State with a child welfare demonstration project that is 
  scheduled to terminate at the end of fiscal year 2019 the option to 
            extend the project for up to 2 additional years.

    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 ``State Flexibility for Family First 
Transitions Act''.

SEC. 2. STATE OPTION TO EXTEND A CHILD WELFARE DEMONSTRATION PROJECT.

    (a) In General.--Section 1130(d)(2) of the Social Security Act (42 
U.S.C. 1320a-9(d)(2)) is amended--
            (1) by striking ``In no event'' and inserting the 
        following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in no event''; and
            (2) by adding at the end the following:
                    ``(B) State option to extend termination date.--
                            ``(i) Notice of extension.--Any State 
                        conducting a demonstration project under this 
                        section that is scheduled to terminate on 
                        September 30, 2019, may notify the Secretary at 
                        any time prior to August 31, 2019, in such form 
                        and manner as the Secretary may require, that 
                        the State elects to extend the termination date 
                        of the demonstration project, on the same terms 
                        and conditions, for such additional period as 
                        the State may determine, but in no event beyond 
                        September 30, 2021.
                            ``(ii) Transition plan required.--No State 
                        conducting a demonstration project described in 
                        clause (i) may extend the termination date of 
                        the project unless the State includes with the 
                        notice provided under clause (i) a plan 
                        specifying--
                                    ``(I) how the State will transition 
                                from the demonstration project to 
                                compliance with the requirements of the 
                                amendments made by sections 50741(a), 
                                50741(b), and 50742 of Public Law 115-
                                123 by September 30, 2021; and
                                    ``(II) the measures the State will 
                                implement to improve permanency 
                                outcomes and reduce emancipation from 
                                foster care during the remainder of the 
                                demonstration project.
                            ``(iii) Effect of extension on certain 
                        requirements.--If a State submits a notice 
                        under clause (i) and a transition plan 
                        described in clause (ii) to the Secretary, 
                        then--
                                    ``(I) during the period the State 
                                continues to conduct a demonstration 
                                project under this section, the 
                                amendments made by sections 50741(a), 
                                50741(b), and 50742 of Public Law 115-
                                123, to the extent such amendments are 
                                inconsistent with the terms of the 
                                demonstration project, shall not apply 
                                with respect to that State; and
                                    ``(II) the State shall be deemed to 
                                have requested a delayed effective date 
                                under section 50746(b)(2) of Public Law 
                                115-123 for the same period.
                            ``(iv) Application to county-administered 
                        and hybrid-administered child welfare 
                        services.--In the case of a demonstration 
                        project described in clause (i) that is 
                        administered by 1 or more counties of a State, 
                        or that is partially administered by a State 
                        and partially administered by a 1 or more 
                        counties of a State, each State with such an 
                        administrative system shall, as a condition of 
                        having the State plans under parts B and E of 
                        title IV approved for fiscal year 2020--
                                    ``(I) determine whether any county 
                                administering the demonstration project 
                                as of the date of enactment of this 
                                subparagraph wants to continue the 
                                project, on the same terms and 
                                conditions, and have the conditions 
                                described in clause (iii) applied with 
                                respect to that county while the 
                                demonstration project remains in effect 
                                (without regard to whether the State 
                                submits a notice under clause (i) or 
                                requests a delayed effective date under 
                                section 50746(b)(2) of Public Law 115-
                                123);
                                    ``(II) agree to allow any such 
                                county to continue to administer the 
                                demonstration project in that county 
                                for such additional period as the 
                                county may determine (but in no event 
                                beyond September 30, 2021);
                                    ``(III) notify the Secretary, in 
                                such form and manner as the Secretary 
                                may require, of the counties electing 
                                to continue to administer the 
                                demonstration project for an additional 
                                period and specify what the additional 
                                period will be; and
                                    ``(IV) include with the notice 
                                described in subclause (III) a 
                                transition plan prepared by each county 
                                identified in the notice that contains 
                                the information described in subclauses 
                                (I) and (II) of clause (ii) (but 
                                prepared with respect to that county 
                                instead of with respect to the 
                                State).''.
    (b) Conforming Amendment.--Section 50746(d) of Public Law 115-123 
(42 U.S.C. 622 note) is amended by inserting ``other than extensions 
made under subsection (d)(2)(B) of such section'' after ``determined 
without regard to any extensions''.
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