II 118th CONGRESS 2d Session S. 5214 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Cornyn (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require States to measure and publicly report on the separation of children from parents by hidden foster care arrangements, and for other purposes.

1. Short title This Act may be cited as the Foster Care Placement Transparency Act . 2. Findings Congress finds the following: (1) In some circumstances, upon a family first coming to the attention of a child protective services agency, for various reasons, a child may newly enter a hidden foster care arrangement either as a direct or indirect result of contact with the child protective services agency. (2) While a hidden foster care arrangement may be in the best interests of a child, there is no measure of the extent to which hidden foster care arrangements are used by States. (3) Because hidden foster care arrangements are made upon the initial contact of a family by a child welfare agency, such arrangements are also the first opportunity States may have to provide support to the new caregivers to a child who is in a hidden foster care arrangement and serve the best interests of the child. (4) However, due to a lack of understanding of the instances in which hidden foster care arrangements are used throughout States, it is difficult to determine how the needs of children, their new caregivers, and families can be best supported in cases of hidden foster care arrangements as well as the manner in which Federal funds or oversight could be best directed to support States in their work with these cases. 3. Definitions In this Act: (1) Hidden foster care arrangement The term hidden foster care arrangement means any separation of a child from the child's parents or primary caregivers during an investigation by a State, county, local, or tribal child protective services agency (in this Act referred to as a CPS agency ) that occurs without the State taking responsibility for the care or placement of the child and without a court order or the involvement and oversight of a court of law, whether voluntary or involuntary. Such term includes— (A) arrangements in which a CPS agency suggests, implies, or insists that a parent should or must permit the parent’s child to live with someone else in response to an investigation of allegations that the parent, or a spouse, partner, or other individual who resides with the parent, has neglected or abused the child; and (B) arrangements commonly referred to as kinship diversion, foster care diversion, safety planning, and informal family planning to the extent that these arrangements occur without a court order or court oversight. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) State The term State has the meaning given that term in section 1101(a) of the Social Security Act ( 42 U.S.C. 1301(a) ) for purposes of parts B and E of title IV of such Act ( 42 U.S.C. 621 et seq. , 671 et seq.). 4. State reports on hidden foster care arrangements As a condition for payment of funds under a State plan approved under the Marylee Allen Promoting Safe and Stable Families Program under subpart 2 of part B of title IV of the Social Security Act ( 42 U.S.C. 629 et seq. ) for each reporting period beginning with the first year that begins on or after the date that is 2 years after the date of enactment of this Act, a State shall submit to the Secretary with the report required under section 432(a)(8)(B) of such Act ( 42 U.S.C. 629b(a)(8)(B) ) for the fiscal year involved, data and a written report that specifies, for each such fiscal year— (1) the number of children separated from their parents by a hidden foster care arrangement; (2) the number of hidden foster care arrangements that ended without the child entering the formal foster care system; (3) the number of hidden foster care arrangements that ended through the placement of the child into the formal foster care system; (4) the category or type of allegation raised in each case which resulted in a separation of a child from their parents by a hidden foster care arrangement; and (5) to the extent data is available, the number of caregivers in a hidden foster care arrangement who received additional services including referrals to kinship navigator programs, prevention services programs funded under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.), services provided by an entity or organization other than a CPS agency, or to legal counsel. 5. Secretarial responsibilities (a) Annual report to Congress on hidden foster care practices The Secretary shall submit an annual report to Congress based on the most recent State reports submitted under section 4. Each annual report shall include the following: (1) The total number of children for whom a hidden foster care arrangement ended during the fiscal year reported on, and of that number— (A) how many of the hidden foster care arrangements ended without the child entering the formal foster care system; and (B) how many of the hidden foster care arrangements ended through the placement of the child into the formal foster care system. (2) The total number of each category or type of allegation raised in a case which resulted in a separation of a child from their parents by a hidden foster care arrangement. (3) To the extent data is available, the number of caregivers in a hidden foster care arrangement who received additional services, including referrals to kinship navigator programs, prevention services programs funded under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.), services provided by an entity or organization other than a CPS agency, or legal counsel. (4) A summary of the number of States that submitted a report under section 4 for the fiscal year involved and the way in which those States address hidden foster care arrangements within the most recent State plan reports submitted part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.). (b) Implementation (1) Consistent data The Secretary shall ensure that, to the extent practicable, the data and information required to be reported under section 4— (A) is collected and reported in a reliable and standardized manner by all States; (B) provides a comprehensive, national picture of the practice of hidden foster care arrangements; and (C) draws upon and does not duplicate other required child welfare data collection and reporting regarding children for, or on whose behalf, prevention services are offered, including under section 471(e)(5)(B)(x) of the Social Security Act ( 42 U.S.C. 671(e)(5)(B)(x) ), section 479 of such Act ( 42 U.S.C. 679 ), and subparagraphs (C) and (D) of section 103(c)(1) of the Child Abuse Prevention and Treatment Act and 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5103(c)(1) , 5106a(d)). (2) Guidance; technical assistance The Secretary may use funds made available to carry out part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ) to issue guidance or provide technical assistance to States with respect to the data and information required to be reported under section 4. (3) Publication and manner of submission The Secretary— (A) may include the report required by subsection (a) in the annual compilation of State reports required to be submitted to Congress under section 432(c) of the Social Security Act ( 42 U.S.C. 629b(c) ); and (B) shall make each report submitted to Congress in accordance with subsection (a) publicly available.