[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3380 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3380

   To amend part E of title IV of the Social Security Act to provide 
 Federal support and assistance to children living with guardians and 
              kinship caregivers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2005

   Mr. Davis of Illinois (for himself and Ms. Jackson-Lee of Texas) 
 introduced the following bill; which was referred to the Committee on 
 Ways and Means, and in addition to the Committee on Education and the 
 Workforce, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend part E of title IV of the Social Security Act to provide 
 Federal support and assistance to children living with guardians and 
              kinship caregivers, 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 ``Guardianship Assistance Promotion 
and Kinship Support Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
               TITLE I--GUARDIANSHIP ASSISTANCE PROMOTION

Sec. 101. Findings.
Sec. 102. Legal guardianship assistance payments for children.
   TITLE II--ADDITIONAL SUPPORTS FOR GUARDIANS AND KINSHIP PROVIDERS

Sec. 201. Authority to use foster care independence program funds to 
                            provide independent living services, 
                            education and training vouchers, and room 
                            and board for children who exit foster care 
                            to guardianship or adoption after attaining 
                            age 14.
Sec. 202. Expansion of definition of family support services to include 
                            assisting kinship caregivers or guardians 
                            in locating and accessing needed services.
Sec. 203. Flexibility to establish separate standards for relative 
                            foster family homes.
Sec. 204. Notice to relatives when children enter foster care.
Sec. 205. Expansion of eligibility for foster care independence 
                            program.
                      TITLE III--NAVIGATOR PROGRAM

Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Grants.
Sec. 304. Federal share.
Sec. 305. Applications.
Sec. 306. Use of grant funds.
Sec. 307. Administration of the program.
Sec. 308. Reservation.
Sec. 309. Authorization of appropriations.

               TITLE I--GUARDIANSHIP ASSISTANCE PROMOTION

SEC. 101. FINDINGS.

    The Congress finds the following:
            (1) By enacting the Adoption and Safe Families Act of 1997 
        (Public Law 105-89) and the Adoption Assistance and Child 
        Welfare Act of 1980 (Public Law 96-272), the Congress 
        recognized the need to align Federal incentives with the 
        desired goal of providing abused and neglected children safe, 
        permanent homes.
            (2) According to the nonpartisan Pew Commission on Children 
        in Foster Care composed of former Members of Congress of both 
        parties and other child welfare experts, between 1997 and 2002, 
        adoptions increased by 64 percent, and each State, the District 
        of Columbia, and Puerto Rico has earned an award for increasing 
        adoptions.
            (3) Adoption represents only one avenue to permanency for 
        children in the foster care system, affecting only 9 percent of 
        children in foster care in 2003. Adoption is not a viable 
        option for many children in foster care. Children living with 
        relatives are less likely to use adoption, and courts 
        explicitly rule out this permanency option for thousands of 
        children each year.
            (4) Moreover, due to cultural norms, adoption is not 
        equally availed by children and families of all races and 
        ethnicities. African-American children live in kinship care 
        arrangements more than in other types of care arrangements and 
        have a lower rate of adoption than other children, making 
        reunification and legal guardianship important permanency 
        options for this population.
            (5) Reunification and legal guardianship are central 
        avenues by which any child in foster care may enter stable, 
        caring homes. In 2002, 54 percent of children in foster care 
        were reunified with their parents and 4 percent obtained legal 
        guardianship.
            (6) Unfortunately, studies show that the focus on adoption 
        has had the unintended consequence of reducing the likelihood 
        of reunifying children with their birth families.
            (7) Moreover, Federal guidelines create a financial 
        disincentive to legal guardianship because important Federal 
        support ceases once legal guardianship is established, 
        presenting an overwhelming hardship for caretakers given the 
        known health and mental health problems of children who have 
        been in foster care. Research indicates that 30 to 40 percent 
        of youth in foster care experience chronic medical problems.
            (8) To help meet the needs of foster children with special 
        needs who are adopted, approximately $308 per month in Federal 
        funds is provided to their adoptive families. The Federal 
        Government pays approximately $387 per month to cover all 
        adoption assistance program costs, including monthly payments 
        to families, administration, and training.
            (9) Remaining in foster care when stable, permanent 
        families are available places unnecessary burdens on States, 
        caseworkers, and families, requiring regular court appearances, 
        quarterly case reviews, monthly caseworker visits, and 
        government involvement in routine family activities and 
        decisions.
            (10) Since 1997, many States have developed subsidized 
        legal guardianship programs. Empirical research demonstrates 
        that this option dramatically increases the number of children 
        in permanent homes, with the largest reductions in foster care 
        caseloads occurring when the Federal Government provides the 
        funding and when the financial benefits for foster care match 
        those of legal guardianship.

SEC. 102. LEGAL GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

    (a) In General.--Part E of title IV of the Social Security Act (42 
U.S.C. 670-679b) is amended by inserting after section 472 the 
following:

``SEC. 472A. LEGAL GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

    ``(a) In General.--Each State with a plan approved under this part 
may, at State option, enter into legal guardianship assistance 
agreements to provide legal guardianship assistance payments on behalf 
of children to individuals who have assumed legal guardianship (as 
defined in section 475(7)) of children for whom they have cared as 
foster parents and whom they have committed to care for on a permanent 
basis.
    ``(b) Legal Guardianship Assistance Agreement.--
            ``(1) In general.--In order to receive payments under 
        section 474(a)(5)--
                    ``(A) a State shall--
                            ``(i) negotiate and enter into a written 
                        legal guardianship assistance agreement with 
                        the prospective legal guardian of a child who 
                        meets the requirements of subsection (d);
                            ``(ii) provide the prospective legal 
                        guardian with a copy of the agreement; and
                            ``(iii) certify that any child on whose 
                        behalf legal guardianship assistance payments 
                        are made under such an agreement shall be 
                        provided medical assistance under title XIX in 
                        accordance with section 1902(a)(10)(A)(i)(I); 
                        and
                    ``(B) the chief executive officer of the State 
                shall certify to the Secretary that the State will--
                            ``(i) inform the individuals who prepare 
                        the case plan for a child of the full range of 
                        permanency options available to children, 
                        including guardianship, and provide or 
                        otherwise make accessible to the individuals 
                        information on the range of physical and mental 
                        health, financing, housing, counseling, 
                        employment, education, and other support 
                        services which guardians and children may 
                        receive; and
                            ``(ii) inform families considering 
                        guardianship of all permanency options 
                        available to the child and of the range of 
                        physical and mental health, financial, housing, 
                        counseling, employment, education, and other 
                        support services which guardians and children 
                        may receive.
            ``(2) Minimum requirements.--The agreement shall specify, 
        at a minimum--
                    ``(A) the amount of, and manner in which, each 
                legal guardianship assistance payment, if any, will be 
                provided under the agreement;
                    ``(B) the additional services and assistance for 
                which the child and legal guardian will be eligible 
                under the agreement;
                    ``(C) the procedure by which the legal guardian may 
                apply for additional services as needed, provided the 
                agency and legal guardian agree on the additional 
                services as specified in the case plan; and
                    ``(D) subject to paragraph (4), that the State will 
                pay the nonrecurring expenses associated with obtaining 
                legal guardianship of the child.
            ``(3) Interstate application.--The agreement shall 
        provide--
                    ``(A) that the agreement shall remain in effect 
                without regard to the State residency of the legal 
                guardian; and
                    ``(B) for the protection (under an interstate 
                compact approved by the Secretary or otherwise) of the 
                interests of the child in any case where the legal 
                guardian and the child move to another State while the 
                agreement is in effect.
            ``(4) Nonrecurring expenses associated with obtaining legal 
        guardianship.--
                    ``(A) In general.--For purposes of paragraph 
                (2)(D), the term `nonrecurring expenses associated with 
                obtaining legal guardianship' includes the reasonable 
                and necessary fees, court costs, attorneys' fees, and 
                other expenses that are directly related to obtaining 
                legal guardianship of the child and are not incurred in 
                violation of Federal or State law.
                    ``(B) Federal share.--A State's payment of the 
                nonrecurring expenses associated with obtaining legal 
                guardianship shall be treated as an expenditure made 
                for the proper and efficient administration of the 
                State plan under section 474(a)(3)(E).
    ``(c) Legal Guardianship Assistance Payment.--
            ``(1) Requirements.--
                    ``(A) In general.--The legal guardianship 
                assistance payment shall be--
                            ``(i) negotiated as part of the legal 
                        guardianship assistance agreement required 
                        under subsection (b)(1)(A)(i) between the legal 
                        guardian and the State or local agency 
                        responsible for administering the agreement;
                            ``(ii) based on consideration of the 
                        circumstances and the needs of the legal 
                        guardian and the child; and
                            ``(iii) equal to the amount of the foster 
                        care maintenance payment which would have been 
                        payable with respect to the child if the child 
                        had remained in foster care.
                    ``(B) Readjustment.--The legal guardianship 
                assistance payment may be readjusted periodically, with 
                the concurrence of the legal guardian, based on 
                relevant changes in the needs of the legal guardian and 
                the child.
            ``(2) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a legal guardianship assistance 
                payment may not be made with respect to a child who has 
                attained 18 years of age.
                    ``(B) Exceptions.--A legal guardianship assistance 
                payment may be made with respect to a child who--
                            ``(i) is a full-time student in a secondary 
                        school or in the equivalent level of a 
                        vocational or technical training program, and 
                        has not attained 19 years of age; or
                            ``(ii) the State determines has a mental or 
                        physical disability that warrants the 
                        continuation of assistance until the child 
                        attains 21 years of age.
    ``(d) Child's Eligibility for a Legal Guardianship Assistance 
Payment.--
            ``(1) In general.--A child is eligible for a legal 
        guardianship assistance payment under this section if the State 
        agency determines the following:
                    ``(A) The child--
                            ``(i) has been under the care of the State 
                        agency for the 12-month period ending on the 
                        date of the agency determination; and
                            ``(ii) while under such care, was eligible 
                        for foster care maintenance payments under 
                        section 472 or would have been eligible for 
                        such payments but for his or her placement in 
                        the unlicensed home of a relative determined by 
                        the courts and the State agency responsible for 
                        child protective services to be safe and the 
                        best home for the child.
                    ``(B) Being returned home or adopted are not 
                appropriate permanency options for the child.
                    ``(C) The child demonstrates a strong attachment to 
                the prospective legal guardian and the prospective 
                legal guardian has a strong commitment to caring 
                permanently for the child.
                    ``(D) With respect to a child who has attained 14 
                years of age, the child has been consulted regarding 
                the legal guardianship arrangement.
            ``(2) Treatment of siblings.--With respect to a child 
        described in paragraph (1) whose sibling or siblings are not so 
        described--
                    ``(A) the child and any minor sibling of the child 
                may be placed in the same legal guardianship 
                arrangement if the State agency and the prospective 
                legal guardian agree on the appropriateness of the 
                arrangement for the siblings; and
                    ``(B) legal guardianship assistance payments may be 
                paid for the child and each sibling so placed.''.
    (b) Conforming Amendments.--
            (1) State plan requirement.--Section 471(a)(20)(A) of such 
        Act (42 U.S.C. 671(a)(20)) is amended in the matter preceding 
        clause (i) by striking ``foster or adoptive parent before the 
        foster or adoptive parent may be finally approved for placement 
        of a child on whose behalf foster care maintenance payments or 
        adoption assistance payments'' and inserting ``foster parent, 
        adoptive parent, or legal guardian before the foster parent, 
        adoptive parent, or legal guardian may be finally approved for 
        placement of a child on whose behalf foster care maintenance 
        payments, adoption assistance payments, or legal guardianship 
        assistance payments''.
            (2) Payments to states.--Section 474(a) of such Act (42 
        U.S.C. 674(a)) is amended--
                    (A) in paragraph (3)(B), by striking ``foster or 
                adoptive parents and the members of the staff of State-
                licensed or State-approved child care institutions 
                providing care to foster and adopted children receiving 
                assistance under this part, in ways that increase the 
                ability of such current or prospective parents, staff 
                members, and institutions to provide support and 
                assistance to foster and adopted children,'' and 
                inserting ``foster parents, adoptive parents, or legal 
                guardians and the members of the staff of State-
                licensed or State-approved child care institutions 
                providing care to foster children, adoptive children, 
                or children living with a legal guardian, who are 
                receiving assistance under this part, in ways that 
                increase the ability of such current or prospective 
                parents, legal guardians, staff members, and 
                institutions to provide support and assistance to 
                foster children, adoptive children, or children living 
                with a legal guardian,'';
                    (B) in paragraph (4)(B), by striking the period at 
                the end and inserting ``; plus''; and
                    (C) by adding at the end the following:
            ``(5) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1905(b)) of the total amount 
        expended during such quarter as legal guardianship assistance 
        payments under section 472A pursuant to legal guardianship 
        assistance agreements.''.
            (3) Definitions.--Section 475(1) of such Act (42 U.S.C. 
        675(1)) is amended by adding at the end the following:
                    ``(F) In the case of a child with respect to whom 
                the permanency plan is placement with a legal guardian 
                and receipt of legal guardianship assistance payments 
                under section 472A, a description of--
                            ``(i) the steps that the agency has taken 
                        to determine that it is not appropriate for the 
                        child to be returned home or adopted;
                            ``(ii) the reasons why a permanent 
                        placement with a fit and willing legal guardian 
                        through a legal guardianship assistance 
                        arrangement is in the child's best interests;
                            ``(iii) the ways in which the child meets 
                        the eligibility requirements for a legal 
                        guardianship assistance payment;
                            ``(iv) the efforts the agency has made to 
                        discuss adoption by the child's foster parent 
                        as a more permanent alternative to legal 
                        guardianship and, in the case of a foster 
                        parent who has chosen not to pursue adoption, 
                        documentation of the reasons therefor; and
                            ``(v) the efforts made by the State agency 
                        to secure the consent of the child's parent or 
                        parents to the legal guardianship assistance 
                        arrangement, or the reasons why the efforts 
                        were not made.''.
            (4) Adoption assistance.--Section 473(a) of such Act (42 
        U.S.C. 673(a)) is amended by adding at the end the following:
    ``(7)(A) For purposes of this section (other than the last sentence 
of paragraph (2)), a child leaving a legal guardianship shall be 
considered to be leaving foster care, and the child shall be considered 
to have been in foster care while subject to the legal guardianship.
    ``(B) In the case of a child who is leaving a legal guardianship, 
the last sentence of paragraph (2) shall be applied by treating the 
guardianship as an adoption, the end of the guardianship as the 
dissolution of an adoption, and any eligibility of the child for legal 
guardianship assistance payments under section 472A as eligibility for 
adoption assistance payments under this part.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section take 
        effect on the 1st day of the 1st calendar quarter that begins 
        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 day, without 
        regard to whether regulations to implement the amendments have 
        been issued.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan under part E of title IV of the Social 
        Security Act which the Secretary determines requires State 
        legislation in order for the plan to meet the additional 
        requirements imposed by the amendments made by this Act, the 
        effective date of the amendments imposing the additional 
        requirements shall be the 1st day of the 1st calendar quarter 
        beginning after the close of the 1st regular session of the 
        State legislature that begins after the date of the enactment 
        of this Act. For purposes of the preceding sentence, in the 
        case of a State that has a 2-year legislative session, each 
        year of the session shall be considered to be a separate 
        regular session of the State legislature.

   TITLE II--ADDITIONAL SUPPORTS FOR GUARDIANS AND KINSHIP PROVIDERS

SEC. 201. AUTHORITY TO USE FOSTER CARE INDEPENDENCE PROGRAM FUNDS TO 
              PROVIDE INDEPENDENT LIVING SERVICES, EDUCATION AND 
              TRAINING VOUCHERS, AND ROOM AND BOARD FOR CHILDREN WHO 
              EXIT FOSTER CARE TO GUARDIANSHIP OR ADOPTION AFTER 
              ATTAINING AGE 14.

    (a) Independent Living Services.--Section 477(a) of the Social 
Security Act (42 U.S.C. 677(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) to provide the services referred to in this 
        subsection to children who, after attaining 14 years of age, 
        have left foster care for legal guardianship or adoption.''.
    (b) Education and Training Vouchers.--Section 477(i)(2) of such Act 
(42 U.S.C. 677(i)(2)) is amended by striking ``from foster care after 
attaining age 16'' and inserting ``or entering legal guardianship from 
foster care after attaining 14 years of age''.

SEC. 202. EXPANSION OF DEFINITION OF FAMILY SUPPORT SERVICES TO INCLUDE 
              ASSISTING KINSHIP CAREGIVERS OR GUARDIANS IN LOCATING AND 
              ACCESSING NEEDED SERVICES.

    Section 431(a)(2) of the Social Security Act (42 U.S.C. 629a(a)(2)) 
is amended by inserting ``to assist kinship caregivers or guardians in 
locating and accessing needed services,'' after ``marriages,''.

SEC. 203. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE 
              FOSTER FAMILY HOMES.

    Section 471(a)(10) of the Social Security Act (42 U.S.C. 
671(a)(10)) is amended by inserting before the semicolon the following: 
``, and that the authority or authorities may--
            ``(A) establish and maintain separate standards for foster 
        family homes in which a foster parent is a relative of the 
        foster child, that, at a minimum, protect the safety of the 
        child and provide for criminal records checks as described in 
        paragraph (20); and
            ``(B) apply the standards referred to in subparagraph (A) 
        of this paragraph to any such relative foster care provider to 
        whom funds are paid pursuant to section 472 or part B in lieu 
        of the standards that would otherwise apply to a foster family 
        home.''.

SEC. 204. NOTICE TO RELATIVES WHEN CHILDREN ENTER FOSTER CARE.

    Section 471(a)(19) of the Social Security Act (42 U.S.C. 
671(a)(19)) is amended--
            (1) by striking ``that the State'' and inserting ``that--
                    ``(A) the State'';
            (2) by adding ``and'' after the semicolon; and
            (3) by adding at the end the following:
                    ``(B) within 60 days of the removal of the child 
                from the custody of the child's parent or parents, the 
                State shall identify and give 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 
                        child's parent or parents; and
                            ``(ii) explains the options the relative 
                        has under Federal, State, and local law to 
                        participate in the child's care and placement, 
                        including any options that may be lost by 
                        failing to respond to the notice;''.

SEC. 205. EXPANSION OF ELIGIBILITY FOR FOSTER CARE INDEPENDENCE 
              PROGRAM.

    Section 477 of the Social Security Act (42 U.S.C. 677) is amended--
            (1) in subsection (a)(1), by striking ``18'' and inserting 
        ``14''; and
            (2) in subsection (i)(2), by striking ``youths adopted from 
        foster care after attaining age 16'' and inserting ``youths in 
        or exiting from foster care after attaining 14 years of age''.

                      TITLE III--NAVIGATOR PROGRAM

SEC. 301. PURPOSE.

    The purposes of this title are--
            (1) to establish kinship navigator programs in States, 
        large metropolitan areas, and tribal areas to assist kinship 
        caregivers in navigating their way through programs and 
        services, to help the caregivers learn about and obtain 
        assistance to meet the needs of the children they are raising 
        and their own needs; and
            (2) to promote effective partnerships among public and 
        private not-for-profit agencies, including community-based and 
        faith-based agencies, to help the agencies described in this 
        paragraph more effectively and efficiently serve kinship care 
        families and address the fragmentation that creates barriers to 
        meeting the needs of those families.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (2) Kinship care family.--The term ``kinship care family'' 
        means a family with a kinship caregiver.
            (3) Kinship caregiver.--The term ``kinship caregiver'' 
        means a grandparent or stepgrandparent of a child, a relative 
        of a child by blood, marriage, or adoption, or (at the option 
        of a State) any other person who has strong emotional bonds 
        with a child, who--
                    (A) lives with the child;
                    (B) is the primary caregiver of the child because 
                the biological or adoptive parent of the child is 
                unable or unwilling to serve as the primary caregiver 
                of the child; and
                    (C) has a legal relationship to the child or is 
                raising the child informally.
            (4) Large metropolitan area.--The term ``large metropolitan 
        area'' means a metropolitan statistical area, as defined by the 
        Bureau of the Census, with a population of not less than 
        1,000,000.
            (5) Metropolitan agency.--The term ``metropolitan agency'' 
        means an agency serving a large metropolitan area, or a county 
        or political subdivision of a large metropolitan area.
            (6) State.--The term ``State'' means any of the several 
        States, the District of Columbia, the Virgin Islands of the 
        United States, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.
            (7) Tribal area.--The term ``tribal area'' means the area 
        served by a tribal organization.
            (8) Tribal organization.--The term ``tribal 
        organization''--
                    (A) means a tribal organization, as defined in 
                section 658P of the Child Care and Development Block 
                Grant Act of 1990 (42 U.S.C. 9858n); and
                    (B) includes a consortium of tribal organizations 
                described in subparagraph (A).

SEC. 303. GRANTS.

    (a) In General.--The Secretary may make grants to eligible entities 
to pay for the Federal share of the cost of carrying out kinship 
navigator programs.
    (b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a State agency, metropolitan agency, 
or tribal organization, with experience in--
            (1) addressing the needs of kinship caregivers or children; 
        and
            (2) connecting the children or caregivers with appropriate 
        services and assistance, such as services and assistance 
        provided by--
                    (A) an area agency on aging under the Older 
                Americans Act of 1965 (42 U.S.C. 3001 et seq.); or
                    (B) an agency with jurisdiction over child welfare, 
                income-based financial assistance, human services, or 
                health matters, or a public entity that links family 
                resource and support programs, for the State, large 
                metropolitan area, or Indian tribe involved.
    (c) Allocation of Grants.--Of the funds made available for grants 
under this section for each fiscal year, the Secretary shall use not 
less than 50 percent to make grants to State agencies.
    (d) Duration of the Grants.--In making the grants, the Secretary 
shall make grants--
            (1) in fiscal year 2006, for periods of 3 years;
            (2) in fiscal year 2007, for periods of 2 years; and
            (3) in fiscal year 2008, for periods of 1 year.

SEC. 304. FEDERAL SHARE.

    (a) In General.--The Federal share of the cost of carrying out a 
kinship navigator program under a grant shall be--
            (1) 100 percent in the first year of the grant period;
            (2) 75 percent in the second year (if any) of the grant 
        period; and
            (3) 50 percent in the third year (if any) of the grant 
        period.
    (b) Non-Federal Share.--The non-Federal share of the cost may be 
provided in cash. Not more than 50 percent of the non-Federal share of 
the cost may be provided in kind, fairly evaluated, including plant, 
equipment, or services.

SEC. 305. APPLICATIONS.

    (a) In General.--To be eligible to receive a grant under this 
title, an entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require, including, at a minimum, the information described in 
subsection (b).
    (b) Contents.--The application shall include the following:
            (1) A description of the steps the entity will take during 
        the first 6 months of the grant period to--
                    (A) identify gaps in services for kinship care 
                families in the State, large metropolitan area, or 
                tribal area to be served and the specific activities 
                that are needed to bridge the gaps;
                    (B) convene a group of partners to assist in the 
                operation of the kinship navigator program funded 
                through the grant;
                    (C) utilize or develop relevant technology;
                    (D) conduct outreach to kinship caregivers about 
                the kinship navigator program; and
                    (E) develop a plan for reaching kinship caregivers, 
                ensuring that the caregivers can access the kinship 
                navigator program, and following up to ensure that the 
                caregivers actually receive necessary services and 
                supports.
            (2) An assurance that the entity will provide at least the 
        core activities specified in paragraphs (1) and (2) of section 
        306(b) for kinship care families through the kinship navigator 
        program.
            (3) A description of the activities the entity expects to 
        offer over the grant period and the entity's initial projection 
        of the number of children and kinship caregivers likely to be 
        served.
            (4) A description of how the entity will involve in the 
        planning and operation of the kinship navigator program, on an 
        ongoing basis--
                    (A) kinship caregivers;
                    (B) youth raised or being raised by kinship 
                caregivers;
                    (C) representatives of kinship care support 
                organizations;
                    (D) relevant government agencies (including 
                agencies with jurisdiction over matters relating to 
                aging, mental health, mental retardation or 
                developmental disabilities, substance abuse treatment, 
                health, youth services, human services, education, 
                income-based financial assistance, child welfare, child 
                custody, guardianship, adoption, or child support 
                enforcement);
                    (E)(i) not-for-profit service providers, including 
                community-based and faith-based agencies; and
                    (ii) educational institutions; and
                    (F) other State or local agencies or systems that 
                promote service coordination or provide information and 
                referral services, including the entities that provide 
                the 2-1-1 or 3-1-1 information systems where 
                applicable.
            (5) A description of--
                    (A) how the entity will coordinate its activities 
                with other State or local agencies or systems that 
                promote service coordination or provide information and 
                referral services for children, families, or older 
                individuals, including the entities that provide the 2-
                1-1 or 3-1-1 information systems where applicable, so 
                as to avoid duplication of services and the 
                fragmentation of services that prevents kinship care 
                families from getting the help the families need; and
                    (B) how the entity will encourage regional 
                cooperation among agencies, particularly agencies 
                serving border communities that may cross 
                jurisdictional lines, to ensure that kinship care 
                families will get help.
            (6) An assurance that the entity will report at least 
        annually to the Secretary, in a manner prescribed by the 
        Secretary, to ensure comparability of data across States, on--
                    (A) activities established with the funds made 
                available through grants made under this title;
                    (B) the numbers and ages of the children and 
                caregivers assisted through the grants;
                    (C) the types of the assistance provided;
                    (D) the outcomes achieved with the assistance; and
                    (E) the barriers identified to meeting the needs of 
                kinship care families and plans for addressing the 
                barriers.
            (7) An assurance that the entity, not later than 3 months 
        after the end of the final year of the grant period, will 
        submit a final report to the Administration for Children and 
        Families that describes--
                    (A) the numbers and ages of the children and 
                caregivers assisted through the grants;
                    (B) the types of assistance provided;
                    (C) the outcomes achieved with the assistance;
                    (D) the barriers to meeting the needs of kinship 
                care families that were addressed through the grants;
                    (E) the plans of the entity to continue the kinship 
                navigator program after the grant period has ended;
                    (F) lessons learned during the grant period; and
                    (G) recommendations about the considerations that 
                should be taken into account as the program carried out 
                under this title is expanded throughout the Nation.
    (c) Preference.--In awarding grants under this title, the Secretary 
shall give preference to agencies or organizations that can demonstrate 
that the agencies and organizations will offer the full array of 
activities described in section 306(b).

SEC. 306. USE OF GRANT FUNDS.

    (a) In General.--An entity that receives a grant under this title 
may use the funds made available through the grant directly, or through 
grants or contracts with other public or private not-for-profit 
agencies, including community-based or faith-based agencies, that have 
experience in connecting kinship caregivers with appropriate services 
and assistance.
    (b) Use of Funds.--An entity that receives a grant under this title 
may use the funds made available through the grant for activities that 
help to connect kinship caregivers with the services and assistance 
required to meet the needs of the children the caregivers are raising 
and their own needs, such as--
            (1) establishing and maintaining information and referral 
        systems that--
                    (A) assist, through toll free access that includes 
                access to a live operator, kinship caregivers, kinship 
                care service providers, kinship care support group 
                facilitators, and others to learn about and link to--
                            (i) local kinship care service providers, 
                        support groups, respite care programs, and 
                        special services for incarcerated parents;
                            (ii) eligibility and enrollment information 
                        for Federal, State, and local benefits, such 
                        as--
                                    (I) education (including preschool, 
                                elementary, secondary, postsecondary, 
                                and special education);
                                    (II) family support services, early 
                                intervention services, mental health 
                                services, substance abuse prevention 
                                and treatment services, services to 
                                address domestic violence problems, 
                                services to address HIV or AIDS, legal 
                                services, child support, housing 
                                assistance, and child care;
                                    (III) the disability insurance 
                                benefits program established under 
                                title II of the Social Security Act (42 
                                U.S.C. 401 et seq.);
                                    (IV) the program of block grants to 
                                States for temporary assistance for 
                                needy families established under part A 
                                of title IV of the Social Security Act 
                                (42 U.S.C. 601 et seq.);
                                    (V) the supplemental security 
                                income program established under title 
                                XVI of the Social Security Act (42 
                                U.S.C. 1381 et seq.);
                                    (VI) the medicaid program 
                                established under title XIX of the 
                                Social Security Act (42 U.S.C. 1396 et 
                                seq.);
                                    (VII) the State children's health 
                                insurance program established under 
                                title XXI of the Social Security Act 
                                (42 U.S.C. 1397aa et seq.);
                                    (VIII) the program of Federal 
                                payments for foster care and adoption 
                                assistance established under part E of 
                                title IV of the Social Security Act (42 
                                U.S.C. 670 et seq.), including the 
                                program of kinship guardianship 
                                assistance payments for children 
                                established under section 472A of that 
                                Act; and
                                    (IX) the food stamp program 
                                established under the Food Stamp Act of 
                                1977 (7 U.S.C. 2011 et seq.);
                            (iii) relevant training to assist kinship 
                        caregivers in obtaining benefits and services 
                        and performing their caregiving activities; and
                            (iv) relevant legal assistance and help in 
                        obtaining access to legal services, including 
                        access to legal aid service providers and 
                        statewide elder law hotlines;
                    (B) provide outreach to kinship care families, in 
                collaboration with schools, pediatric care clinics, 
                kinship care organizations, senior citizen centers, 
                agencies with jurisdiction over child welfare or human 
                services, and others to link the families to the 
                kinship navigator program and to services and 
                assistance; and
                    (C) establish, distribute, and regularly update 
                kinship care resource guides, websites, or other 
                relevant outreach materials;
            (2) promoting partnerships between public and private not-
        for-profit agencies, including community-based and faith-based 
        agencies--
                    (A) to help the agencies described in this 
                paragraph more effectively and efficiently meet the 
                needs of kinship care families; and
                    (B) to familiarize the agencies about the special 
                needs of kinship care families, policies that affect 
                their eligibility for a range of education, health, 
                mental health, social, child care, and child welfare 
                services, income-based financial assistance, legal 
                assistance, and other services and benefits, and the 
                means for making policies more supportive of kinship 
                care families;
            (3) establishing and supporting a kinship care ombudsman 
        who has the authority to actively intervene with State agency 
        staff or service providers with which the State agency 
        contracts to help ensure, through various appropriate means 
        including working with individual families in an ongoing 
        manner, that kinship caregivers get the services they need and 
        for which they are eligible; and
            (4) supporting other activities that are designed to assist 
        kinship caregivers in obtaining benefits, services, and 
        activities designed to improve their caregiving.
    (c) Limitation.--Except as provided in subsection (b)(4), the 
entity may not use any of the funds made available through the grant 
for direct services to children in kinship care families or to kinship 
caregivers.

SEC. 307. ADMINISTRATION OF THE PROGRAM.

    (a) Consultation.--In administering the program carried out under 
this title, the Secretary shall periodically consult with the Assistant 
Secretary for Aging of the Department of Health and Human Services.
    (b) Regulations and Guidance.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall issue regulations or 
guidance that announces the availability of funds under this title and 
specifies the procedures for applying for the funds.

SEC. 308. RESERVATION.

    The Secretary may reserve not more than 1 percent of the funds made 
available under this title for a fiscal year to provide technical 
assistance to the recipients of grants under this title related to the 
purposes of the grants.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$25,000,000 for fiscal year 2006, $50,000,000 for fiscal year 2007, and 
$75,000,000 for fiscal year 2008.
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