Title: Timely Mental Health for Foster Youth Act
Policy area: Social Welfare

Summary:
Timely Mental Health for Foster Youth Act  This bill requires an initial mental health screening within 30 days after a child enters foster care. In the case of a child for whom a mental health issue is identified in such initial screening, a comprehensive assessment of the child's mental health must be completed within 60 days after the child's entry into foster care.  The Department of Health and Human Services must provide technical assistance for states to implement this requirement and collect data and report on the number of screenings completed.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 836 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 836

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 SENATE OF THE UNITED STATES

                             March 18, 2021

   Mr. Blunt (for himself, Ms. Stabenow, Mr. Boozman, and Mr. Casey) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 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 Representatives 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''.

SEC. 2. TIMELY MENTAL HEALTH SCREENINGS AND ASSESSMENTS FOR CHILDREN 
              AND YOUTH UPON ENTRY INTO FOSTER CARE.

    (a) State and Tribal Plan Requirement.--Section 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 foster care'' before the 
        semicolon; and
            (2) by striking clause (ii) and inserting the following:
                            ``(ii) how health needs identified through 
                        such screenings and assessments will be 
                        monitored and treated for the duration of a 
                        child's placement in foster care, including 
                        through annual mental health screenings, with 
                        respect to emotional trauma associated with a 
                        child's maltreatment and removal from home, 
                        and, as appropriate, follow-up assessments and 
                        treatment;''.
    (b) Technical Amendment.--Section 422(b)(15)(A) of such Act (42 
U.S.C. 622(b)(15)(A)) is further amended in the matter before clause 
(i), by striking ``provides'' and inserting ``provide''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on October 1, 
        2020.
            (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 legislation 
        (other than legislation appropriating funds) in order for the 
        plan to meet the additional requirements imposed by this 
        section, the State plan shall not be regarded as failing to 
        comply with the requirements of such part solely on the basis 
        of the failure of the plan to meet such additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session 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.

SEC. 3. TECHNICAL ASSISTANCE TO STATES.

    The Assistant Secretary for the Administration for Children and 
Families and the Administrator for the Centers for Medicare & Medicaid 
Services jointly shall provide technical assistance to States on how to 
comply with the amendments made by section 2(a) of this Act. The 
Assistant Secretary and Administrator should consult with other 
relevant Federal agencies on the development of such technical 
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 public officials responsible for 
administering child welfare programs, child welfare advocates, 
pediatric mental health experts, 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;
                    (C) the number of children who receive a follow-up 
                comprehensive assessment required under section 
                422(b)(15)(A)(i) of the Social Security Act (42 U.S.C. 
                622(b)(15)(A)) (as so amended);
                    (D) whether or not such required follow-up 
                comprehensive assessment occurs within 60 days of a 
                child's entry or re-entry into foster care;
                    (E) the number of children in foster care who are 
                referred for mental health services; and
                    (F) the number and characteristics of such children 
                who receive mental health services after being referred 
                for such services; and
            (2) develop a plan to collect the information described in 
        paragraph (1) from States administering a State plan under 
        subpart 1 of part B of title IV of the Social Security Act (42 
        U.S.C. 621 et seq.) beginning with the second fiscal year that 
        begins after the date of enactment of this Act.
    (b) Report to Congress.--Not later than 12 months after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to the Committee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives a report detailing the 
plan and timetable for collecting the information described in 
subsection (a)(1) from States.
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