[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2682 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2682

To support foster youth in successful parenting by reducing unintended 
  pregnancies and promoting the well-being of expectant or parenting 
                    foster youth and their children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2017

Mr. Danny K. Davis of Illinois 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 support foster youth in successful parenting by reducing unintended 
  pregnancies and promoting the well-being of expectant or parenting 
                    foster youth and their children.

    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 ``Supporting Foster Youth in 
Successful Parenting Act of 2017''.

SEC. 2. REQUIREMENT THAT STATES REPORT ON STEPS TAKEN TO ADDRESS 
              PREGNANCY AND PARENTHOOD AMONG FOSTER YOUTH.

    (a) In General.--Section 432(a) of the Social Security Act (42 
U.S.C. 629b(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) provides that the State agency shall submit to the 
        Secretary such reports as the Secretary may require not more 
        frequently than annually, on the steps being taken by the State 
        agency to--
                    ``(A) identify youth in foster care under the 
                responsibility of the State who are expectant or 
                parenting (including as a noncustodial parent);
                    ``(B) increase access to sexual health care 
                information and services, including all methods of 
                contraception for youth in foster care;
                    ``(C) prevent unintended pregnancies among youth in 
                foster care under the responsibility of the State;
                    ``(D) promote the well-being of foster youth under 
                the responsibility of the State who are expectant or 
                parenting (including as a noncustodial parent), and 
                their children, by providing coordinated services to 
                the youth that support their development and the 
                development of their children, including assistance to 
                obtain--
                            ``(i) an education (including by 
                        maintaining or restoring a connection to an 
                        educational institution);
                            ``(ii) Medicaid coverage for both prenatal 
                        care and postpartum health care;
                            ``(iii) mental and behavioral health care;
                            ``(iv) appropriate housing;
                            ``(v) employment and job training; and
                            ``(vi) other services that support parental 
                        and child well-being (such as home visiting 
                        services, early intervention services, early 
                        childhood education, child care, and child care 
                        assistance);
                    ``(E) train caseworkers, foster parents, and other 
                foster care facility caregivers and staff on how to 
                support foster youth in preventing unintended 
                pregnancies and to promote the well-being of foster 
                youth who are expectant or parenting (including as a 
                noncustodial parent), and their children;
                    ``(F) improve supports for foster youth who are 
                expectant or parenting (including as a noncustodial 
                parent) by minimizing the number of placements, both 
                during pregnancy and after delivery, for foster youth 
                who become pregnant and by implementing specialized 
                recruitment, training, retention, and support for 
                foster parents who mentor and care for young parents 
                and their children together;
                    ``(G) monitor the well-being of the children of 
                youth in foster care, including their enrollment in 
                early education programs, access to appropriate 
                developmental assessments and interventions if needed, 
                and their involvement in the child welfare system (such 
                as in child abuse and neglect investigations or foster 
                care placements); and
                    ``(H) train caseworkers to promote coordinated 
                efforts with the courts to support foster youth who are 
                expectant or parenting (including as a noncustodial 
                parent), and recognize that services for young parents 
                and their children can be provided without bringing 
                their children into the child welfare system.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the first day of the first fiscal year 
        that begins one year or more after the date of the enactment of 
        this Act, and shall apply to payments under subpart 2 of part B 
        of title IV of the Social Security Act for calendar quarters 
        beginning on or after such date.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan developed pursuant to 
        subpart 2 of part B of title IV of the Social Security Act to 
        meet the additional requirements imposed by the amendments made 
        by subsection (a), the plan shall not be regarded as failing to 
        meet any of the additional requirements before the first day of 
        the first calendar quarter beginning after the first regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the preceding 
        sentence, if the State has a 2-year legislative session, each 
        year of the session is deemed to be a separate regular session 
        of the State legislature.

SEC. 3. COMPETITIVE RESEARCH AND DEMONSTRATION GRANTS TO DEVELOP 
              EVIDENCE-BASED APPROACHES TO SUPPORT FOSTER YOUTH IN 
              SUCCESSFUL PARENTING.

    (a) In General.--Subpart 2 of part B of title IV of the Social 
Security Act (42 U.S.C. 629-629i) is amended--
            (1) in section 437--
                    (A) in subsection (a), by striking ``$200,000,000'' 
                and inserting ``$250,000,000''; and
                    (B) in subsection (b), by adding at the end the 
                following:
            ``(4) Competitive research and demonstration grants to 
        develop evidence-based approaches to support foster youth in 
        successful parenting.--For any fiscal year for which the amount 
        made available to carry out this section exceeds $60,000,000, 
        the Secretary shall reserve the lesser of 50 percent of such 
        excess or $50,000,000 for grants under section 439A.''; and
            (2) by adding at the end the following:

``SEC. 439A. COMPETITIVE RESEARCH AND DEMONSTRATION GRANTS TO DEVELOP 
              EVIDENCE-BASED APPROACHES TO SUPPORT FOSTER YOUTH IN 
              SUCCESSFUL PARENTING.

    ``(a) In General.--The Secretary shall make grants to States to 
identify and implement approaches to support foster youth in successful 
parenting that are age-appropriate, medically accurate, trauma-
informed, culturally relevant, gender-responsive, and evidence-
informed, and that focus on either or both of the following:
            ``(1) Developing strategies that focus on preventing 
        unintended pregnancies among foster youth.
            ``(2) Promoting the well-being of foster youth who are 
        expectant or parenting (including as a noncustodial parent), 
        and their children.
    ``(b) Program Qualifications.--In making grants under this section, 
the Secretary shall--
            ``(1) provide support for--
                    ``(A) approaches that help identify, develop, 
                replicate, and evaluate evidence-informed approaches to 
                preventing unintended pregnancies among foster youth 
                and promoting the well-being of foster youth who are 
                expectant or parenting (including as a noncustodial 
                parent), and their children, including ways to improve 
                training for foster parents, child welfare staff, and 
                other foster care facility caregivers and staff;
                    ``(B) approaches that address the specific needs 
                and circumstances of different groups of foster youth, 
                such as older youth preparing to exit care, those 
                living in a variety of settings, those who are already 
                parents, those in rural areas, those who identify 
                across the sexual orientation and gender-identity 
                spectrum (including gay, lesbian, bisexual, or 
                transgender), youth of color, youth with disabilities, 
                and noncustodial parents;
                    ``(C) approaches that coordinate with other 
                Federal, State, or local programs and related research 
                on addressing the prevention of unintended pregnancies 
                among foster youth (or other relevant youth) or the 
                promotion of the well-being of foster youth (or other 
                relevant youth) who are expectant or parenting 
                (including as a noncustodial parent) and their 
                children, including--
                            ``(i) the Teen Pregnancy Prevention program 
                        of the Office of Adolescent Health;
                            ``(ii) the Personal Responsibility 
                        Education Program under section 513; and
                            ``(iii) the Pregnancy Assistance Fund 
                        established under section 10212 of Public Law 
                        111-148;
                    ``(D) approaches that coordinate with other 
                Federal, State, or local programs that successfully 
                connect foster youth (or other relevant youth) to 
                important services that support their development and 
                the development of their children, including services 
                described in clauses (i) through (vi) of section 
                432(a)(11)(D);
                    ``(E) approaches that focus on specialized 
                recruitment and training of foster families who are 
                committed to supporting foster youth who are expectant 
                or parenting (including as a noncustodial parent), and 
                their children;
                    ``(F) approaches that identify and implement a 
                sexual health curriculum aimed at educating foster 
                youth on pregnancy and parenting services, healthy 
                romantic relationships, and, for expectant youth, 
                education on healthy development of babies, including 
                prenatal and postpartum care and parent training to 
                prepare to care for their children; and
                    ``(G) approaches that promote collaboration among 
                key public and private stakeholders (such as child 
                welfare and juvenile justice systems, courts, health 
                and mental health providers, higher education 
                institutions, hospitals, and philanthropic 
                organizations) to identify effective ways to reduce 
                unintended pregnancies among youth in foster care and 
                to promote the well-being of foster youth who are 
                expectant or parenting (including as a noncustodial 
                parent); and
            ``(2) take into account input from current and former 
        foster youth who have experienced unintended pregnancies or 
        parented as foster youth.
    ``(c) Application.--To be eligible for a grant under this section, 
a State shall submit an application to the Secretary describing the 
activities the State intends to carry out using grant funds consistent 
with the requirements of this section and providing an assurance that 
the State will cooperate fully with any evaluation provided for by the 
Secretary under this section.
    ``(d) Selection of Grantees.--In awarding grants under this 
section, the Secretary shall ensure that the grants are distributed to 
a diversity of States based on region, population size, racial or 
ethnic minority representation, economic well-being, or other factors 
that may inform how the activities to be carried out using such grants 
address the needs of the country. No State may be awarded more than 25 
percent of the amounts reserved under section 437(b)(4) for a fiscal 
year unless such reserved amounts for such fiscal year exceed 
$10,000,000.
    ``(e) Amount of Grant.--The Secretary shall determine the amount of 
each grant to be made under this section on the basis of the scope of 
the activities to be carried out using the grant.
    ``(f) Evaluations.--The Secretary shall conduct evaluations of the 
activities carried out using each grant made under this section to 
build evidence of the effectiveness of the activities, with evidence 
ranging from emerging, to promising, and to best practice. The 
evaluations shall--
            ``(1) determine the lessons learned (including barriers to 
        success) as a result of the activities carried out using all 
        such grants;
            ``(2) include research designs that encourage innovation 
        and reflect the nature of the activities undertaken, successful 
        implementation efforts, and the needs of the communities, 
        without prioritizing efficacy research over effectiveness 
        research;
            ``(3) recognize that both efficacy and effectiveness 
        research (including statistical modeling research) using 
        rigorous designs are needed over time to understand the success 
        of activities with the target populations in real-world 
        circumstances; and
            ``(4) to the extent practicable, help to build local 
        evaluation capacity, including the capacity to use evaluation 
        data to inform continuous program improvement.
    ``(g) Reports.--
            ``(1) State reports.--Each State to which a grant is made 
        under this section for a fiscal year shall submit to the 
        Secretary a report on the use of the grant.
            ``(2) Report to the congress.--Not later than September 30, 
        2022, and every 5 years thereafter, the Secretary shall submit 
        to the Congress a report on the activities supported by the 
        grants made under this section. The report shall include the 
        evaluation conducted under subsection (d) and the 
        recommendations of the Secretary for policy changes to decrease 
        unintended pregnancies among foster youth and to promote the 
        well-being of foster youth who are expectant or parenting 
        (including as a noncustodial parent), and their children.
    ``(h) Reservations of Funds.--Of the amounts reserved under section 
437(b)(4) for a fiscal year:
            ``(1) Not more than 10 percent shall be reserved for 
        evaluation of the programs funded under this section during the 
        fiscal year.
            ``(2) Not more than 10 percent shall be reserved to 
        administer this section and provide technical assistance to the 
        States in using grants made under this section during the 
        fiscal year.
            ``(3) Five percent shall be reserved for grants to Indian 
        tribes under this section for the fiscal year.
            ``(4) Three percent shall be reserved for grants to 
        territories under this section for the fiscal year.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2017.

SEC. 4. CLARIFYING EXISTING SUPPORTS IN CURRENT LAW.

    (a) Clarification That Pregnancy and Parenting Are Sufficient 
Reasons To Remain in Foster Care Until Age 21.--Section 475(8)(B)(iv) 
of the Social Security Act (42 U.S.C. 675(8)(B)(iv)) is amended--
            (1) by striking ``or'' at the end of subclause (IV);
            (2) by striking the period at the end of subclause (V) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(VI) expectant or parenting 
                                (including as a noncustodial 
                                parent).''.
    (b) Clarification That States, Before Removing Children From Foster 
Youth, Must Make Active Efforts To Keep the Parents With Their 
Children, and Must Protect the Rights of the Parents.--Section 
471(a)(15) of such Act (42 U.S.C. 671(a)(15)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by adding at the end the following:
                    ``(G) before removing a child from parents who are 
                in foster care, the State shall obtain a judicial 
                finding that the State--
                            ``(i) has made, and documented, active 
                        efforts to keep the parents with the child; and
                            ``(ii) has protected the rights of the 
                        parents with respect to the child; and
                    ``(H) if a child is removed from parents who are in 
                foster care, the State shall ensure that the following 
                accommodations are made to support the healthy 
                attachment and eventual reunification of the parent and 
                child:
                            ``(i) frequent visitation to match the 
                        recommended guidelines by national experts in 
                        early child development;
                            ``(ii) regular coordination between the 
                        case worker for the child and the caseworker 
                        for the parents; and
                            ``(iii) long-term planning to ensure that 
                        placement setting does not present a barrier to 
                        reunification;''.
    (c) Clarify That the Law Does Not Require Children Born to Foster 
Youth To Enter Foster Care, and That Such Children Can Receive Services 
for Foster Children Without Entering Foster Care; Prohibit States From 
Requiring Foster Youth To Put Their Children in Foster Care in Order To 
Remain Together or Receive Assistance.--
            (1) In general.--Section 471(a) of such Act (42 U.S.C. 
        671(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (34);
                    (B) by striking the period at the end of paragraph 
                (35) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(36) provides that the State shall have in place such 
        laws and procedures as are necessary--
                    ``(A) to ensure that a child born to one or more 
                parents in foster care under the responsibility of the 
                State--
                            ``(i) is not placed in foster care under 
                        the responsibility of the State solely because 
                        of the age or foster youth status of the 
                        parents; and
                            ``(ii) is placed in a setting that 
                        accommodates the child and the parents;
                    ``(B) to prohibit the State from requiring a foster 
                youth who is expectant or parenting (including as a 
                noncustodial parent) to place their children into 
                foster care in order for the foster youth to remain 
                together with the children or to receive services 
                provided to, or for the benefit of, foster youth.''.
            (2) Effective date.--
                    (A) In general.--The amendments made by this 
                subsection shall take effect on the first day of the 
                first fiscal year that begins one year or more 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 date.
                    (B) Delay permitted if state legislation 
                required.--If the Secretary of Health and Human 
                Services determines that State legislation (other than 
                legislation appropriating funds) is required in order 
                for a State plan developed pursuant to part E of title 
                IV of the Social Security Act to meet the additional 
                requirements imposed by the amendments made by this 
                subsection, the plan shall not be regarded as failing 
                to meet any of the additional requirements before the 
                first day of the first calendar quarter beginning after 
                the first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the preceding sentence, if the State has a 
                2-year legislative session, each year of the session is 
                deemed to be a separate regular session of the State 
                legislature.
    (d) Clarify That the Transition Plans for Parents in Foster Care 
and Their Children Should Be Individualized To Meet the Unique Needs of 
the Young Family.--Section 475(5)(H) of such Act (42 U.S.C. 675(5)(H)) 
is amended by inserting ``, and if the youth is expectant or parenting 
(including as a noncustodial parent), covers the period beginning at 
least 12 months before the youth is scheduled to leave foster care, 
focuses on developing and maintaining support networks for foster youth 
who are parents through community, family, and others, ensuring 
adequate family income, including through referrals to State programs 
funded under part A, and promoting the developmental needs of their 
children, identifies specific programs and services that will help 
support the unique needs of such a youth and their children, is 
developed in collaboration with the youth and other stakeholders from 
areas such as education, health care services, mental and behavioral 
health services, housing, employment and training, and other services 
that support parental and child well-being (such as home visiting 
services, early intervention services, early childhood education, child 
care, and child care assistance)'' before the semicolon.
    (e) Outreach To Ensure That Youth Leaving Foster Care Are Provided 
Information About Their Health Insurance Options.--The Secretary of 
Health and Human Services shall conduct outreach to inform each State 
that section 475(5)(H) of the Social Security Act requires a caseworker 
for a youth who is due to age out of foster care within 90 days to 
provide the youth with assistance and support in developing a 
transition plan that includes specific options on health insurance for 
the youth (including enrollment in the State plan under title XIX of 
the Social Security Act pursuant to section 1902(a)(10)(A)(i)(IX) of 
such Act) and any documentation needed to secure such insurance.

SEC. 5. REQUIREMENT THAT THE FEDERAL INTERAGENCY WORK GROUP ON CHILD 
              ABUSE AND NEGLECT ADDRESS ISSUES FACING FOSTER YOUTH WHO 
              ARE EXPECTANT OR PARENTING.

    The Federal Interagency Work Group on Child Abuse and Neglect shall 
identify, and seek ways to address, issues facing foster youth who are 
expectant or parenting (including as a noncustodial parent), including 
consideration of data collected pursuant to section 479A(7)(B) of the 
Social Security Act, educating child welfare staff and agencies about 
the rights of the youth and the permanent negative limits on the 
youth's employability and volunteer work with minors when placing the 
children of foster youth in care, and consulting with current and 
former foster youth with relevant experience to inform recommendations.

SEC. 6. ENCOURAGEMENT TO SHARE INFORMATION ON HOW TO PREVENT UNINTENDED 
              PREGNANCY AMONG FOSTER YOUTH, AND TO SUPPORT FOSTER YOUTH 
              WHO ARE PARENTS.

    The Secretary of Health and Human Services is encouraged to promote 
the sharing of emerging lessons, research, and best practices about 
preventing teen pregnancy among foster youth, and enable foster youth 
who are parents to receive support from those working in the fields of 
teen pregnancy prevention and child welfare.

SEC. 7. CONNECTING FOSTER YOUTH WHO ARE EXPECTANT OR PARENTING WITH 
              RELEVANT PROGRAMS AND SERVICES.

    Section 475(1) of such Act (42 U.S.C. 675(1)) is amended by adding 
at the end the following:
                    ``(H) In the case of a foster youth who is 
                expectant or parenting (including as a non-custodial 
                parent), a written plan to address the safety and 
                developmental well-being of any children of the foster 
                youth, regardless of whether such children are under 
                the care of the State, that includes--
                            ``(i) a description of the programs and 
                        services available to assist a youth who is 
                        expectant or parenting (including as a 
                        noncustodial parent) in supporting the healthy 
                        development of their young children, including, 
                        as applicable, high-quality early childhood 
                        programs (including the Child Care Development 
                        Block Grant, child care assistance, Early Head 
                        Start, Head Start, programs under the 
                        Individuals with Disabilities Education Act, 
                        including early intervention services, and home 
                        visiting services), the Medicaid program and 
                        programs through which participants may access 
                        a pediatric medical home or receive regular 
                        health, mental health, or behavioral health 
                        care, food security programs (including the 
                        Supplemental Nutrition Assistance Program and 
                        the Special Supplemental Nutrition Program for 
                        Women, Infants, and Children), homelessness 
                        programs (including HUD transitional housing 
                        and the Supportive Housing Program), and other 
                        relevant Federal or State programs, and
                            ``(ii) assurances that the State agency 
                        will provide the foster youth with assistance 
                        with enrolling in the programs and services 
                        described in clause (i) and will provide any 
                        children of the foster youth with assistance 
                        without requiring the child to enter foster 
                        care.''.

SEC. 8. STATE CERTIFICATIONS UNDER THE JOHN H. CHAFEE FOSTER CARE 
              INDEPENDENCE PROGRAM.

    Section 477(b)(3) of the Social Security Act (42 U.S.C. 677(b)(3)) 
is amended--
            (1) in subparagraph (F)--
                    (A) by inserting ``pregnancy prevention programs,'' 
                before ``local housing''; and
                    (B) by striking ``and'' the last place it appears; 
                and
                    (C) by inserting before the period the following: 
                ``, and with other prevention and support programs for 
                youth who are expectant or parenting (including as a 
                noncustodial parent), including high-quality early 
                childhood learning programs, the Special Supplemental 
                Nutrition Program for Women, Infants, and Children, the 
                Early Head Start program, the Medicaid program, 
                programs providing subsidies for child care, programs 
                offering early intervention services, programs through 
                which participants may access a pediatric medical home 
                or receive regular health care visits, and other 
                relevant Federal programs''; and
            (2) by adding at the end the following:
                    ``(L) A certification by the chief executive 
                officer of the State that the State will ensure that 
                each youth participating in the program under this 
                section who is expectant or parenting (including as a 
                noncustodial parent) will receive independent and 
                transition planning services that can support them in 
                raising a child, including financial literacy, 
                budgeting, asset-building, housing assistance, 
                employment and job training, education, health care, 
                and mental health care services, (including through the 
                State Medicaid program), and information on parenting 
                and services for their children (including home 
                visiting, early childhood education, early intervention 
                services, child care, and child care assistance).''.

SEC. 9. IDENTIFICATION OF MINOR PARENTS IN THE ANNUAL REPORT.

    Section 479A(a)(7)(B) of the Social Security Act (42 U.S.C. 
679b(a)(7)(B)) is amended by inserting before the period at the end the 
following: ``, including the number of such children of each age who 
are 18 or older and the number of such children of each age who are 
under the age of 18''.
                                 <all>