110 HR 5645 IH: Housing Protection and Foster Care U.S. House of Representatives 2008-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5645 IN THE HOUSE OF REPRESENTATIVES March 14, 2008 Ms. Waters (for herself, Mr. Frank of Massachusetts, Ms. Roybal-Allard, Mr. Stark, Mr. Honda, Ms. Linda T. Sánchez of California, Mr. Costa, Ms. Zoe Lofgren of California, Mr. Sires, Mr. Al Green of Texas, Mr. McDermott, and Ms. Clarke) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude assistance payments under certain post-foster care guardianship assistance programs from consideration as income for purposes of the United States Housing Act of 1937.

1.

Short title

This Act may be cited as the Housing Protection and Foster Care Prevention Act of 2008.

2.

Treatment of payments from qualified post-foster care guardianship assistance programs

(a)

Exclusion from income

Paragraph (4) of section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is amended by inserting after not actually received by the family the following: , any payments received from a qualified post-foster care guardianship assistance program (as such term is defined in paragraph (14)),. (b)

Qualified post-foster care guardianship program

Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding at the end the following new paragraph: (14)

Qualified post-foster care guardianship assistance program

The term qualified post-foster care guardianship assistance program means a program that meets the following requirements: (A)

Assistance payments

The program shall provide for assistance payments in lieu of foster care payments to a caregiver described in subparagraph (C) on behalf of a child described in subparagraph (B). (B)

Eligible children

A child described in this subparagraph is a child who— (i)is less than 18 years of age; (ii)is under the legal guardianship of a caregiver described in subparagraph (C); (iii)was cared for under foster care by such caregiver under a State or locally administered foster care system for not less than 12 months before the caregiver obtained legal guardianship of the child; (iv)will not be reunified with his or her birth parents, pursuant to a determination by the foster care system and a termination of dependency by a court; and (v)is no longer under the supervision of such foster care system. (C)

Eligible caregivers

A caregiver described in this subparagraph is a caregiver who— (i)has not adopted the child; (ii)is a relative of the child; and (iii)has been identified by the foster care system, pursuant to a formal assessment, as the most appropriate permanent placement for the child. .