[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5354

 To amend title IV of the Social Security Act to improve supports for 
 kinship caregivers in child welfare programs and the program of block 
     grants to States for temporary assistance for needy families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2016

Mr. Danny K. Davis of Illinois introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend title IV of the Social Security Act to improve supports for 
 kinship caregivers in child welfare programs and the program of block 
     grants to States for temporary assistance for needy families.

    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 ``Improving Supports for Kinship 
Caregivers Act of 2016''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the 1st day of 
the 1st fiscal year beginning on or after the date of the enactment of 
this Act.

            TITLE I--TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

SEC. 101. STATE NOTIFICATIONS TO RELATIVE CAREGIVERS OF CHILD TANF 
              RECIPIENTS.

    (a) Requirement.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(13) State requirements regarding notice to relative 
        caregivers.--A State to which a grant is made under section 403 
        shall--
                    ``(A) ensure that the State agency responsible for 
                administering the State program funded under this part 
                employs a primary kinship resource employee who is 
                trained to provide guidance to a relative caregiver of 
                a minor child if the child is a recipient of assistance 
                under the program (or under a State program funded with 
                qualified State expenditures (as defined in section 
                409(a)(7)(B)(i))), on legal options regarding custody 
                and guardianship of the child, including explaining to 
                the relative caregiver how each legal option 
                corresponds to the availability of benefits and 
                services, and who serves as a liaison with other 
                agencies and community organizations that provide 
                resources and assistance to relative caregivers; and
                    ``(B) ensure that the State agency provides to any 
                relative caregiver of a minor child if the child is a 
                recipient of assistance under the State program funded 
                under this part (or under a State program funded with 
                qualified State expenditures (as defined in section 
                409(a)(7)(B)(i))), written notice that--
                            ``(i) explains the options of the relative 
                        caregiver under Federal, State, and local law 
                        to participate in the care and placement of the 
                        child, including the financial ramifications of 
                        the options and any options that may be lost by 
                        choosing certain benefits;
                            ``(ii) describes the requirements under 
                        section 471(a)(10) to become a foster family 
                        home and the additional services and supports 
                        that are available for a child placed in such a 
                        home;
                            ``(iii) if the State has elected the option 
                        to make kinship guardianship assistance 
                        payments under section 471(a)(28), describes 
                        how the relative caregiver may enter into an 
                        agreement with the State to receive the 
                        payments;
                            ``(iv) provides direct contact information 
                        for other agencies and community organizations 
                        that provide resources and assistance, such as 
                        housing, supplemental nutrition assistance, 
                        health care, and child care; and
                            ``(v) provides direct contact information 
                        for the primary kinship resource employee 
                        described in subparagraph (A).''.
    (b) Inclusion in State Plan.--Section 402(a)(1)(B) of such Act (42 
U.S.C. 602(a)(1)(B)) is amended by adding at the end the following:
                            ``(vi) The document shall provide a 
                        detailed explanation of how the State intends 
                        to comply with section 408(a)(13).''.
    (c) Penalty.--
            (1) In general.--Section 409(a) of such Act (42 U.S.C. 
        609(a)) is amended by adding at the end the following:
            ``(17) Failure to notify relative caregivers.--If the 
        Secretary determines that a State to which a grant is made 
        under section 403 for a fiscal year has violated section 
        408(a)(13) during the fiscal year, the Secretary shall reduce 
        the grant payable to the State under section 403(a)(1) for the 
        immediately succeeding fiscal year by an amount equal to 4 
        percent of the grant.''.
            (2) Not subject to reasonable cause exception.--Section 
        409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by 
        striking ``or (13)'' and inserting ``(13), or (17)''.

SEC. 102. STATE TREATMENT OF RELATIVE CAREGIVERS OF CHILD TANF 
              RECIPIENTS.

    Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)), 
as amended by section 101(b) of this Act, is further amended by adding 
at the end the following:
                            ``(vii) The document shall provide a 
                        detailed explanation of the State's treatment 
                        of relative caregivers of minor children, in 
                        cases in which the child is a recipient of 
                        assistance under the State program funded under 
                        this part (or under a State program funded with 
                        qualified State expenditures (as defined in 
                        section 409(a)(7)(B)(i))), including--
                                    ``(I) information regarding how the 
                                State defines terms such as `relative', 
                                `fictive kin', and `caregiver';
                                    ``(II) a description of the 
                                training received by caseworkers of the 
                                State agency responsible for 
                                administering the program in relation 
                                to relative caregivers of minor 
                                children, in cases in which the child 
                                is such a recipient; and
                                    ``(III) an explanation of the ways 
                                in which assistance available under the 
                                program to a relative caregiver of a 
                                minor child is affected by the 
                                temporary presence in the home of a 
                                biological parent of the child.''.

SEC. 103. ENHANCED DATA REPORTING.

    Section 411(a)(7) of the Social Security Act (42 U.S.C. 611(a)(7)) 
is amended by adding at the end the following: ``The Secretary shall 
also prescribe regulations to improve the reporting of data on the 
economic well-being and circumstances of families with relative 
caregivers of minor children, including, to the extent practicable, 
information relating to--
                    ``(A) all adults in the family, including whether 
                or not such adults are recipients of assistance under 
                the State program funded under this part (or under a 
                State program funded with qualified State expenditures 
                (as defined in section 409(a)(7)(B)(i))); and
                    ``(B) all minor children in the family, including 
                whether any such minor child--
                            ``(i) is required to be included in the 
                        foster care reporting population for purposes 
                        of the Adoption and Foster Care Analysis 
                        Reporting System (AFCARS) established pursuant 
                        to section 479; or
                            ``(ii) is not required to be so included in 
                        such foster care reporting population, but--
                                    ``(I) is receiving services in the 
                                home of the relative caregiver that are 
                                supervised or administered by the State 
                                agency responsible for administering 
                                the State plan approved under part B;
                                    ``(II) was placed with the relative 
                                caregiver to prevent the need for 
                                foster care as a result of an 
                                intervention on behalf of the child 
                                which was carried out or supervised by 
                                the State agency administering the 
                                State plans under parts B and E; or
                                    ``(III) was placed with the 
                                relative caregiver upon formal 
                                discharge from the care and placement 
                                responsibility of the State agency 
                                administering the plans under part B or 
                                E.''.

SEC. 104. EXEMPTION FROM CERTAIN REQUIREMENTS FOR RECIPIENTS AGE 60 OR 
              OVER.

    (a) Work Requirements.--Section 407(e) of the Social Security Act 
(42 U.S.C. 607(e)) is amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading, by inserting ``for 
                single custodial parents and relative caregivers of 
                minor children who have not attained 6 years of age'' 
                after ``Exception''; and
                    (B) by inserting ``or relative caregiver'' before 
                ``caring for a child''; and
            (2) by adding at the end the following:
            ``(3) Exception for recipients age 60 or over.--
        Notwithstanding paragraph (1), a State may not reduce or 
        terminate assistance under the State program funded under this 
        part (or under a State program funded with qualified State 
        expenditures (as defined in section 409(a)(7)(B)(i))) based on 
        a refusal of an individual to engage in work required in 
        accordance with this section if the individual has attained 60 
        years of age.''.
    (b) Time Limits.--Section 408(a)(7) of such Act (42 U.S.C. 
608(a)(7)) is amended--
            (1) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (E) through (H), respectively; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) Age 60 or over exception.--Subparagraph (A) 
                shall not apply with respect to an individual who has 
                attained 60 years of age.''.
    (c) Asset Tests.--Section 408(a) of such Act (42 U.S.C. 608(a)), as 
amended by section 101(a) of this Act, is further amended by adding at 
the end the following:
            ``(14) No asset tests for recipients age 60 or over.--A 
        State to which a grant is made under section 403 may not impose 
        any asset test in determining eligibility for assistance under 
        the State program funded under this part of an individual who 
        has attained 60 years of age.''.
    (d) Penalties.--
            (1) In general.--Section 409(a) of such Act (42 U.S.C. 
        609(a)), as amended by section 101(c)(1) of this Act, is 
        further amended by adding at the end the following:
            ``(18) Failure to exempt recipients age 60 or over from 
        certain requirements.--If the Secretary determines that a State 
        to which a grant is made under section 403 for a fiscal year 
        has violated section 407(e)(3), 408(a)(7)(D), or 408(a)(14) 
        during the fiscal year, the Secretary shall reduce the grant 
        payable to the State under section 403(a)(1) for the 
        immediately succeeding fiscal year by an amount equal to 4 
        percent of the grant.''.
            (2) Not subject to reasonable cause exception.--Section 
        409(b)(2) of such Act (42 U.S.C. 609(b)(2)), as amended by 
        section 101(c)(2) of this Act, is further amended by striking 
        ``or (17)'' and inserting ``(17), or (18)''.

SEC. 105. EQUAL ASSISTANCE REQUIREMENT FOR FAMILIES WITH MULTIPLE 
              CHILDREN.

    Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as 
amended by sections 101(a) and 104(c) of this Act, is further amended 
by adding at the end the following:
            ``(15) Equal assistance requirement for families with 
        multiple children.--The amount of cash assistance provided to a 
        family under a State program funded under this part with 
        respect to a child in the family shall equal the amount of the 
        cash assistance so provided with respect to any other child in 
        the family.''.

                        TITLE II--CHILD WELFARE

SEC. 201. STATE NOTIFICATIONS TO RELATIVE CAREGIVERS OF CHILDREN 
              REMOVED FROM HOME.

    (a) State Plan Requirement.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) in paragraph (29)--
                    (A) by inserting ``the State has a written policy 
                outlining the steps the State shall take to ensure 
                that'' after ``provides that'';
                    (B) by striking ``the State shall exercise'' and 
                inserting ``the State exercises'';
                    (C) by striking ``provide notice'' and inserting 
                ``provides written notice'';
                    (D) in subparagraph (B), by inserting ``the 
                financial benefits of the options and'' after 
                ``including'';
                    (E) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (F) by adding at the end the following:
                    ``(E) provides direct contact information for other 
                agencies and community organizations that provide 
                resources and assistance, such as housing, supplemental 
                nutrition assistance, health care, and child care; and
                    ``(F) provides direct contact information for the 
                primary kinship resource employee described in 
                paragraph (36);'';
            (2) in paragraph (34), by striking ``and'' at the end;
            (3) in paragraph (35), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(36) provides that the agency responsible for 
        administering the State plan employs a primary kinship resource 
        employee who--
                    ``(A) is trained to provide guidance to a relative 
                caregiver of a minor child on legal options regarding 
                custody and guardianship of the child, including 
                explaining to the relative caregiver how each legal 
                option corresponds to the availability of benefits and 
                services; and
                    ``(B) serves as a liaison with other agencies and 
                community organizations that provide resources and 
                assistance to relative caregivers.''.
    (b) Case Plan Requirement.--Section 475(1) of such Act (42 U.S.C. 
675(1)) is amended by adding at the end the following:
                    ``(H) A description of the methods used by the 
                State agency to comply with paragraphs (29) and (36) of 
                section 471(a), including the methods used by the 
                agency to identify and notify each relative as required 
                under such paragraph (29), a copy of each written 
                notice provided to such a relative, the date on which 
                the notice was provided, and a summary of each 
                relative's response or failure to respond to the 
                notice.''.

SEC. 202. STATE TREATMENT OF RELATIVE CAREGIVERS OF FOSTER CHILDREN.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 201(a) of this Act, is further amended--
            (1) in paragraph (35), by striking ``and'' at the end;
            (2) in paragraph (36), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(37) provides a detailed explanation of the State's 
        treatment of relative caregivers of minor children with respect 
        to whom foster care maintenance payments or adoption assistance 
        payments are made under the State plan approved under this 
        part, including--
                    ``(A) information regarding how the State defines 
                terms such as `relative', `fictive kin', and 
                `caregiver';
                    ``(B) a description of training related to relative 
                caregivers that is provided to caseworkers of the State 
                agency responsible for administering the State plan; 
                and
                    ``(C) a description of efforts by the State to 
                provide foster family home licenses to, or to waive 
                licensing requirements for, relative caregivers.''.

SEC. 203. FAMILY CONNECTION GRANTS.

    Section 427(h) of the Social Security Act (42 U.S.C. 627(h)) is 
amended by striking ``2009 through 2014'' and inserting ``2016 through 
2018''.

SEC. 204. STATE FOSTER FAMILY HOME LICENSING STANDARDS.

    (a) Review and Report on State Standards.--
            (1) Initial report.--Not later than 1 year after the date 
        of the enactment of this Act, a State with a plan approved 
        under part E of title IV of the Social Security Act shall 
        submit to the Secretary of Health and Human Services a report--
                    (A) comparing the State standards for foster family 
                homes with the National Association for Regulatory 
                Administration Model Family Foster Home Licensing 
                Standards;
                    (B) explaining any barriers to the ability of a 
                relative caregiver to become a State-licensed foster 
                parent, and assessing the role of the State's standards 
                for foster family homes in contributing to these 
                barriers (not including barriers caused by the State's 
                adherence to the Adam Walsh Child Protection and Safety 
                Act of 2006); and
                    (C) describing plans by the State to eliminate the 
                barriers described in subparagraph (B), including plans 
                to change any State standards that contribute to the 
                barriers, and explaining the State's reasoning for not 
                changing any such standards.
            (2) Additional report.--Not later than 1 year after the 
        date on which a State submits the report required by paragraph 
        (1), the State shall submit to the Secretary an additional 
        report describing any progress made by the State to eliminate 
        the barriers described in paragraph (1)(B).
    (b) State Plan Requirement.--Section 471(a)(11) of the Social 
Security Act (42 U.S.C. 671(a)(11)) is amended to read as follows:
            ``(11)(A) provides that the State shall review the 
        standards referred to in paragraph (10) and amounts paid as 
        foster care maintenance payments and adoption assistance to 
        assure their continuing appropriateness, and shall update the 
        standards not less than once every 3 years, taking into account 
        model foster family home standards recommended by national 
        organizations, such as the National Association for Regulatory 
        Administration Model Family Foster Home Licensing Standards; 
        and
            ``(B) describes the State's efforts to ensure that relative 
        caregivers are able to meet the standards, including a 
        description of the procedures used by the State to waive 
        nonsafety standards, as provided in paragraph (10)(D);''.

SEC. 205. ASSISTANCE FOR RELATIVE CAREGIVER FAMILIES APPLYING FOR 
              FOSTER CARE ASSISTANCE.

    Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is 
amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) in paragraph (19), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(20) provide assurances that--
                    ``(A) on behalf of each minor child with respect to 
                whom an application is filed with the State for foster 
                care maintenance payments under the State plan approved 
                under part E, the State shall promptly initiate an 
                application for assistance under the State program 
                funded under part A (if the State operates such a 
                program), and shall make every reasonable effort to 
                expedite the application and determination process for 
                assistance for each such child under the program;
                    ``(B) before the State makes a determination that a 
                minor child residing in the home of, and under the care 
                of, a relative is ineligible for foster care 
                maintenance payments under the State plan approved 
                under part E, the State shall first make every 
                reasonable effort to license the home of the relative 
                as a foster family home or to waive such licensing 
                requirements, to the extent that doing so is in the 
                best interest of the child; and
                    ``(C) in any case in which a State makes such a 
                determination, the State shall explain to the relative 
                the specific basis for the determination; and''.

SEC. 206. COLLABORATIVE TRAINING FOR STATE EMPLOYEES.

    Section 422(b) of the Social Security Act (42 U.S.C. 622(b)), as 
amended by section 205, is further amended by adding at the end the 
following:
            ``(21) provide that the State will conduct collaborative 
        training for State employees responsible for advising relative 
        caregivers and the minor children under the care of such 
        caregivers who receive assistance under the State program 
        funded under part A, under the State plans approved under 
        subpart 1 or 2 of this part, or under the State plan approved 
        under part E, to ensure that such employees are aware of all 
        such assistance for which such children and relative caregivers 
        may be eligible.''.

SEC. 207. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.

    (a) Family Support Services Training.--Section 431(a)(2)(B) of the 
Social Security Act (42 U.S.C. 629a(a)(2)(B)) is amended by adding at 
the end the following:
                            ``(vii) To support adoptive, foster, and 
                        extended families, including families with 
                        relative caregivers of minor children, by 
                        providing such families with training on the 
                        range of Federal, State, and local public 
                        assistance programs available to such families 
                        and children.''.
    (b) Authorization of Appropriations.--Section 436(a) of such Act 
(42 U.S.C. 629f(a)) is amended--
            (1) by striking ``345,000,000'' and inserting 
        ``$355,000,000''; and
            (2) by striking ``2012 through 2016'' and inserting ``2016 
        through 2020''.

SEC. 208. ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM.

    Section 479(c)(3)(D) of such Act (42 U.S.C. 679(c)(3)(D)) is 
amended by inserting ``, including information on a range of Federal 
financial and medical assistance that supports children in out-of-home 
placements,'' after ``programs''.

                        TITLE III--CHILD SUPPORT

SEC. 301. CHILD SUPPORT COOPERATION REQUIREMENT.

    (a) In General.--Section 454 of the Social Security Act (42 U.S.C. 
654) is amended--
            (1) by redesignating paragraphs (30) through (34) as 
        paragraphs (31) through (35), respectively; and
            (2) by inserting after paragraph (29) the following:
            ``(30) include a description of--
                    ``(A) the methods used by the State to determine 
                whether an individual who has applied for or is 
                receiving assistance under the State program funded 
                under part A, the State program under part E, the State 
                program under title XIX, or the supplemental nutrition 
                assistance program, as defined under section 3(h) of 
                the Food and Nutrition Act of 2008 (7 U.S.C. 2012(h)), 
                is cooperating in good faith with the State in 
                establishing paternity or in establishing, modifying, 
                or enforcing a support order, as provided in paragraph 
                (29);
                    ``(B) the State's process for determining in a 
                timely manner whether such an individual satisfies the 
                cooperation requirement described in subparagraph (A) 
                due to the individual's participation in another State 
                or Federal assistance program;
                    ``(C) the good cause or other exceptions to the 
                cooperation requirement that the State recognizes, 
                including an explanation of any special requirements or 
                considerations for a relative caregiver seeking to 
                apply for such an exception; and
                    ``(D) how the State makes clear to an individual 
                who has applied for or is receiving assistance under a 
                program referred to in subparagraph (A)--
                            ``(i) what, if anything, the individual 
                        needs to do in order to satisfy the cooperation 
                        requirement, including explaining to the 
                        individual how the individual might satisfy the 
                        requirement through participation in another 
                        State or Federal assistance program;
                            ``(ii) the effect on the individual's 
                        eligibility to receive assistance under a 
                        program referred to in subparagraph (A), and 
                        under other State or Federal assistance 
                        programs, if the individual fails to satisfy 
                        the cooperation requirement; and
                            ``(iii) the good cause or other exceptions 
                        to the cooperation requirement for which the 
                        individual may be eligible, including the 
                        standard of proof required to qualify for each 
                        exception and an explanation of any special 
                        requirements or considerations for relative 
                        caregivers;''.
    (b) Conforming Amendments.--Title IV of such Act (42 U.S.C. 601 et 
seq.) is further amended--
            (1) in section 452(k)(1), by striking ``section 454(31)'' 
        and inserting ``section 454(32)'';
            (2) in section 454, in the matter following paragraph (35) 
        (as redesignated by subsection (a)(1) of this section) by 
        striking ``paragraph (33)'' and inserting ``paragraph (34)''; 
        and
            (3) in section 457(a)--
                    (A) in paragraph (2)(B), by striking ``section 
                454(34)'' and inserting ``section 454(35)''; and
                    (B) in paragraph (5), by striking ``section 
                454(33)'' and inserting ``section 454(34)''.

SEC. 302. CHILD SUPPORT ASSIGNMENT REQUIREMENTS APPLIED TO ALL FOSTER 
              CHILDREN IN STATE.

    (a) State Plan for Child and Spousal Support.--Section 454(4)(A)(i) 
of the Social Security Act (42 U.S.C. 654(4)) is amended--
            (1) by striking ``for whom (I)'' and inserting ``(I) for 
        whom'';
            (2) by amending subclause (II) to read as follows: ``(II) 
        in foster care under the responsibility of the State,'';
            (3) in clause (III), by inserting ``for whom'' before 
        ``medical assistance''; and
            (4) in clause (IV), by inserting ``for whom'' before 
        ``cooperation''.
    (b) State Plan for Foster Care and Adoption Assistance.--Section 
471(a)(17) of such Act (42 U.S.C. 671(a)(17)) is amended by striking 
``each child receiving foster care maintenance payments under this 
part'' and inserting ``each child in foster care under the 
responsibility of the State''.
                                 <all>