[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3471

     To help children make the transition from foster care to self-
sufficiency by addressing weaknesses in the implementation of the John 
              H. Chafee Foster Care Independence Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 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

_______________________________________________________________________

                                 A BILL


 
     To help children make the transition from foster care to self-
sufficiency by addressing weaknesses in the implementation of the John 
              H. Chafee Foster Care Independence Program.

    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 ``Strengthening the Chafee Foster Care 
Independence Program Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 2002, 19,500 youth ``aged out'' of the foster care 
        system.
            (2) In 1999, Congress passed historic legislation to 
        promote the self-sufficiency of emancipated foster youth in the 
        transition to adulthood via the John H. Chafee Foster Care 
        Independence Program (Public Law 106-169).
            (3) Assistance provided through the John H. Chafee Foster 
        Care Independence Program to children aging out of foster care 
        is particularly necessary in light of recent studies 
        documenting that familial assistance is key to the successful 
        transition to adulthood. Research indicates that parents are a 
        primary resource for young adults, providing social and 
        employment connections, paying for college, and giving direct 
        material support for food, housing, and education. For example, 
        parents contribute $2,200 annually to youth between the ages of 
        18 and 34 inclusive.
            (4) Emancipated foster care youth are a particularly 
        vulnerable population. Studies indicate that these youth 
        experience a range of negative outcomes, including low 
        employment earnings, poor educational achievement, 
        homelessness, and high public assistance. Moreover, 30 percent 
        to 40 percent of youth in foster care are affected by chronic 
        medical problems.
            (5) After enactment of the John H. Chafee Foster Care 
        Independence Program, the Government Accountability Office 
        (GAO) found that 40 States reported great increases in 
        independent living services, more than doubling service 
        provision in many States.
            (6) Unfortunately, child welfare experts and the GAO have 
        identified weaknesses in the implementation of the Chafee 
        program, including the following:
                    (A) Findings by the GAO that gaps exist in the 
                availability of critical services in the areas of 
                mental health, mentoring, and housing. For example, 
                differing eligibility requirements for juvenile and 
                adult mental health systems resulted in many former 
                foster youth losing access to important therapy and 
                treatment.
                    (B) Findings by the GAO that eligible services 
                within and across States vary greatly. Within States, 
                discrepancies in service availability appear due in 
                part to geographic location (such as in urban areas 
                versus rural areas) and to differing levels of 
                awareness among state and local agencies regarding 
                potential resources. Approximately \1/3\ of responding 
                States reported that they were servicing less than half 
                of eligible foster youth. Similarly, although 31 States 
                provide Medicaid coverage to at least some emancipated 
                youth, the percentage of former foster care youth who 
                are eligible varied among States, from 10 percent to 
                100 percent.
                    (C) Findings by the GAO indicating that little 
                information exists to assess the effectiveness of 
                independent living services. For instance--
                            (i) the Child and Family Services Review 
                        used to evaluate States child welfare systems 
                        fails to measure services related to former 
                        foster care youth sufficiently;
                            (ii) the Child and Family Services Plan 
                        (CFSP) significantly lacks usable program 
                        information related to independent living 
                        services; and
                            (iii) the Department of Health and Human 
                        Services has failed to implement the National 
                        Youth in Transition Database to monitor States 
                        performance related to youth aging out of the 
                        foster care system, as required by the Foster 
                        Care Independence Act of 1999.
                    (D) Empirical research indicating that children in 
                kinship care receive fewer important independent living 
                services compared to children in foster care who are 
                not living with relatives, particularly in the areas of 
                employment, housing, financial management, and health/
                behavioral health. This finding is particularly of 
                concern given that children of color are over-
                represented in kinship care situations.

SEC. 3. IMPROVING AWARENESS OF AVAILABLE SERVICES.

    (a) Duties of the Secretary.--Section 477 of the Social Security 
Act (42 U.S.C. 677) is amended by adding at the end the following:
    ``(j) Distribution of Information About Other Related Programs.--To 
improve access to the array of services available to youth 
transitioning out of foster care and assist States in leveraging 
available resources, the Secretary shall provide for the efficient 
distribution (through such outlets as the National Resource Center for 
Youth Development) to States and local areas of information about 
Federal programs, other than the program established by this section, 
that may assist youth in their transition to self-sufficiency and 
provide guidance on how to access services under the programs.''.
    (b) Duties of the State.--Section 477(b)(3) of such Act (42 U.S.C. 
677(b)(3)) is amended--
            (1) by redesignating subparagraphs (H) through (J) as 
        subparagraphs (I) through (K), respectively; and
            (2) by inserting after subparagraph (F) the following:
            ``(G) A certification by the chief executive officer that, 
        when or before a child leaves foster care under the 
        responsibility of the State, the State will inform the child of 
        the full range of available financial, housing, counseling, 
        employment, and education services, and other appropriate 
        support and services for which the child is eligible.''.

SEC. 4. DEVELOPING COMMON STANDARDS FOR FOSTER CARE.

    Section 477 of the Social Security Act (42 U.S.C. 677), as amended 
by section 3(a) of this Act, is amended by adding at the end the 
following:
    ``(k) Developing Common Standards for Foster Care.--To improve the 
ability of the Department of Health and Human Services to monitor the 
implementation by States of the John H. Chafee Foster Care Independence 
Program, the Secretary of Health and Human Services shall develop a 
standard reporting format for State Child and Family Service plans and 
progress reports and implement a uniform process regional offices can 
use to assess States progress in meeting the needs of youth in foster 
care and those recently emancipated from foster care. The format shall 
be developed to promote appropriate delivery of independent living 
services, by requiring the reporting of information on the following:
            ``(1) Availability of services within various geographic 
        areas in States and foster care placement settings (such as 
        kinship care, group home, and non-kin foster care) to ensure 
        equitable service provision.
            ``(2) Clear delineation of various support services for 
        youth formerly in foster care, including but not limited to: 
        health care, mental health care, housing, employment, 
        assistance in obtaining a high school diploma, career 
        exploration, vocational training, job placement and retention, 
        access and transition to higher education programs, training in 
        daily living skills, training in budgeting and financial 
        management skills, substance abuse prevention, and preventive 
        health activities.
            ``(3) Transition services offered to youth in foster care 
        and to young adults who have left foster care but have not 
        attained 21 years of age, broken down by type of service and 
        the age at which the services are offered.
            ``(4) Methods used by the State to ensure that youth are 
        informed of all support and services for which they are 
        eligible.''.

SEC. 5. MODIFICATION OF CASE PLAN REQUIREMENTS.

    Section 475(1)(D) of the Social Security Act (42 U.S.C. 675(1)(D)) 
is amended to read as follows:
                    ``(D) Where appropriate, for a child who has 
                attained 14 years of age (and, at State option, any 
                other child), a written description of the programs and 
                services that will facilitate the transition of the 
                child from foster care to independent living, including 
                a discussion of the appropriateness of the services 
                that have been provided to the child under the plan. 
                The plan for these youth shall also include 
                documentation of the steps the agency is taking to find 
                a permanent placement with a family or other adult 
                connection for the youth.''.

SEC. 6. EXPANSION OF PROGRAM EVALUATIONS.

    Section 477(g)(1) of the Social Security Act (42 U.S.C. 677(g)(1)) 
is amended--
            (1) in the 1st sentence, by inserting ``, and of model 
        programs that focus on improving outcomes for youth aging out 
        of care in the areas of youth education, employment, personal 
        development, and housing'' after ``significance'';
            (2) in the 2nd sentence, by inserting ``mental and physical 
        health,'' after ``employment,''; and
            (3) in the 3rd sentence, by inserting ``, where 
        practicable,'' before ``random assignment''.

SEC. 7. EXPANSION OF ELIGIBILITY.

    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''.

SEC. 8. COMPLETION OF THE NATIONAL YOUTH IN TRANSITION DATABASE.

    The Secretary of Health and Human Services shall--
            (1) within 6 months after the date of the enactment of this 
        Act, issue a notice of proposed rulemaking governing 
        implementation of the plan referred to in section 477(f)(1)(C) 
        of the Social Security Act;
            (2) within 9 months after such date of enactment, issue a 
        final rule governing the implementation;
            (3) within 1 year after such date of enactment, implement 
        the plan.
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