[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7947 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7947

 To provide additional temporary supports and flexibilities for older 
 foster youth, grandparents, and other kinship families, home visiting 
for pregnant and parenting families, and other child welfare services, 
                     during the COVID-19 pandemic.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 7, 2020

    Mr. Danny K. Davis of Illinois (for himself and Mrs. Walorski) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committee on Energy and 
Commerce, 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 provide additional temporary supports and flexibilities for older 
 foster youth, grandparents, and other kinship families, home visiting 
for pregnant and parenting families, and other child welfare services, 
                     during the COVID-19 pandemic.

    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 and Families 
through the Pandemic Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary pursuant to section 319 of the Public 
        Health Service Act, entitled ``Determination that a Public 
        Health Emergency Exists Nationwide as the Result of the 2019 
        Novel Coronavirus''.
            (2) COVID-19 public health emergency period.--The term 
        ``COVID-19 public health emergency period'' means the period 
        beginning on April 1, 2020, and ending with September 30, 2021.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS AND SUPPORT 
              FOR OLDER FOSTER YOUTH.

    (a) Funding Increases.--
            (1) Increase in support for chafee programs.--Out of any 
        money in the Treasury of the United States not otherwise 
        appropriated, there are appropriated $400,000,000 for fiscal 
        year 2020, to carry out section 477 of the Social Security Act, 
        in addition to any amounts otherwise made available for such 
        purpose.
            (2) Education and training vouchers.--Of the amount made 
        available by reason of paragraph (1) of this subsection, not 
        less than $50,000,000 shall be reserved for the provision of 
        vouchers pursuant to section 477(h)(2) of the Social Security 
        Act.
            (3) Inapplicability of state matching requirement to 
        additional funds.--In making payments under subsections (a)(4) 
        and (e)(1) of section 474 of the Social Security Act from the 
        additional funds made available as a result of paragraphs (1) 
        and (2) of this subsection, the percentages specified in 
        subsections (a)(4)(A)(i) and (e)(1) of such section are, 
        respectively, deemed to be 100 percent.
            (4) Maximum award amount.--The dollar amount specified in 
        section 477(i)(4)(B) of the Social Security Act through the end 
        of fiscal year 2021 is deemed to be $12,000.
            (5) Inapplicability of nytd penalty to additional funds.--
        In calculating any penalty under section 477(e)(2) of the 
        Social Security Act with respect to the National Youth in 
        Transition Database (NYTD) for the COVID-19 public health 
        emergency period, none of the additional funds made available 
        by reason of paragraphs (1) and (2) of this subsection shall be 
        considered to be part of an allotment to a State under section 
        477(c) of such Act.
    (b) Maximum Age Limitation on Eligibility for Assistance.--During 
fiscal years 2020 and 2021, a child may be eligible for services and 
assistance under section 477 of the Social Security Act until the child 
attains 27 years of age, notwithstanding any contrary certification 
made under such section.
    (c) Special Rule.--With respect to funds made available by reason 
of subsection (a) that are used during the COVID-19 public health 
emergency period to support activities due to the COVID-19 pandemic, 
the Secretary may not require any State to provide proof of a direct 
connection to the pandemic if doing so would be administratively 
burdensome or would otherwise delay or impede the ability of the State 
to serve foster youth.
    (d) Programmatic Flexibilities.--During the COVID-19 public health 
emergency period:
            (1) Suspension of certain requirements under the education 
        and training voucher program.--The Secretary shall allow a 
        State to waive the applicability of the requirement in section 
        477(i)(3) of the Social Security Act that a youth must be 
        enrolled in a postsecondary education or training program or 
        making satisfactory progress toward completion of that program 
        if a youth is unable to do so due to the COVID-19 public health 
        emergency.
            (2) Authority to use vouchers to maintain training and 
        postsecondary education.--A voucher provided under a State 
        educational and training voucher program under section 477(i) 
        of the Social Security Act may be used for maintaining training 
        and postsecondary education, including less than full-time 
        matriculation costs or other expenses that are not part of the 
        cost of attendance but would help support youth in remaining 
        enrolled as described in paragraph (1) of this subsection.
            (3) Authority to waive limitations on percentage of funds 
        used for housing assistance and eligibility for such 
        assistance.--Notwithstanding section 477(b)(3)(B) of the Social 
        Security Act, a State may use--
                    (A) more than 30 percent of the amounts paid to the 
                State from its allotment under section 477(c)(1) of 
                such Act for a fiscal year, for room or board payments; 
                and
                    (B) any of such amounts for youth otherwise 
                eligible for services under section 477 of such Act 
                who--
                            (i) have attained 18 years of age and not 
                        27 years of age; and
                            (ii) experienced foster care at 14 years of 
                        age or older.

SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.

    (a) Addressing Foster Care Age Restrictions During the Pandemic.--A 
State operating a program under part E of title IV of the Social 
Security Act may not require a child who is in foster care under the 
responsibility of the State to leave foster care solely by reason of 
the child's age. A child may not be found ineligible for foster care 
maintenance payments under section 472 of such Act solely due to the 
age of the child or the failure of the child to meet a condition of 
section 475(8)(B)(iv) of such Act before October 1, 2021.
    (b) Re-Entry to Foster Care for Youth Who Age Out During the 
Pandemic.--A State operating a program under the State plan approved 
under part E of title IV of the Social Security Act (and without regard 
to whether the State has exercised the option provided by section 
475(8)(B) of such Act to extend assistance under such part to older 
children) shall--
            (1) permit any youth who left foster care due to age during 
        the COVID-19 public health emergency to voluntarily re-enter 
        foster care;
            (2) provide to each such youth who was formally discharged 
        from foster care during the COVID-19 public health emergency, a 
        notice designed to make the youth aware of the option to return 
        to foster care;
            (3) facilitate the voluntary return of any such youth to 
        foster care; and
            (4) conduct a public awareness campaign about the option to 
        voluntarily re-enter foster care for youth who have not 
        attained 22 years of age, who aged out of foster care in fiscal 
        year 2020 or fiscal year 2021, and who are otherwise eligible 
        to return to foster care.
    (c) Protections for Youth in Foster Care.--A State operating a 
program under the State plan approved under part E of title IV of the 
Social Security Act shall--
            (1) continue to ensure that the safety, permanence, and 
        well-being needs of older foster youth, including youth who 
        remain in foster care and youth who age out of foster care 
        during that period but who re-enter foster care pursuant to 
        this section, are met; and
            (2) work with any youth who remains in foster care after 
        attaining 18 years of age (or such greater age as the State may 
        have elected under section 475(8)(B)(iii) of such Act) to 
        develop, or review and revise, a transition plan consistent 
        with the plan referred to in section 475(5)(H) of such Act, and 
        assist the youth with identifying adults who can offer 
        meaningful, permanent connections.
    (d) Authority To Use Additional Funding for Certain Costs Incurred 
To Prevent Aging Out of, Facilitating Re-Entry to, and Protecting Youth 
in Care During the Pandemic.--
            (1) In general.--Subject to paragraph (2) of this 
        subsection, a State to which additional funds are made 
        available as a result of section 3(a) may use the funds to meet 
        any costs incurred in complying with subsections (a), (b), and 
        (c) of this section.
            (2) Restrictions.--
                    (A) The costs referred to in paragraph (1) must be 
                incurred after the date of the enactment of this 
                section and before October 1, 2021.
                    (B) The costs of complying with subsection (a) or 
                (c) of this section must not be incurred on behalf of 
                children eligible for foster care maintenance payments 
                under section 472 of the Social Security Act, including 
                youth who have attained 18 years of age who are 
                eligible for the payments by reason of the temporary 
                waiver of the age requirement or the conditions of 
                section 475(8)(B)(iv) of such Act.
                    (C) A State shall make reasonable efforts to ensure 
                that eligibility for foster care maintenance payments 
                under section 472 of the Social Security Act is 
                determined when a youth remains in, or re-enters, 
                foster care as a result of the State complying with 
                subsections (a) and (c) of this section.
                    (D) A child who re-enters care during the COVID-19 
                public health emergency period may not be found 
                ineligible for foster care maintenance payments under 
                section 472 of the Social Security Act solely due to 
                age or the requirements of section 475(8)(B)(iv) of 
                such Act before October 1, 2021.
    (e) Termination of Certain Provisions.--The preceding provisions of 
this section shall have no force or effect after September 30, 2021.

SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC FLEXIBILITY.

    During the COVID-19 public health emergency period, each percentage 
specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the 
Social Security Act is deemed to be 100 percent.

SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING SAFE AND 
              STABLE FAMILIES PROGRAM.

    (a) In General.--Out of any money in the Treasury of the United 
States not otherwise appropriated, there are appropriated $85,000,000 
to carry out section 436(a) of the Social Security Act for fiscal year 
2020, in addition to any amounts otherwise made available for such 
purpose. For purposes of section 436(b) of such Act, the amount made 
available by the preceding sentence shall be considered part of the 
amount specified in such section 436(a).
    (b) Inapplicability of State Matching Requirement to Additional 
Funds.--In making payments under section 434(a) of the Social Security 
Act from the additional funds made available as a result of subsection 
(a) of this section, the percentage specified in section 434(a)(1) of 
such Act is deemed to be 100 percent.

SEC. 7. COURT IMPROVEMENT PROGRAM.

    (a) Reservation of Funds.--Of the additional amounts made available 
by reason of section 6 of this Act, the Secretary shall reserve 
$10,000,000 for grants under subsection (b) of this section, which 
shall be considered to be made under section 438 of the Social Security 
Act.
    (b) Distribution of Funds.--
            (1) In general.--From the amounts reserved under subsection 
        (a) of this section, the Secretary shall--
                    (A) reserve not more than $500,000 for Tribal court 
                improvement activities; and
                    (B) from the amount remaining after the application 
                of subparagraph (A), make a grant to each highest State 
                court that is approved to receive a grant under section 
                438 of the Social Security Act for the purpose 
                described in section 438(a)(3) of such Act, for fiscal 
                year 2020.
            (2) Amount.--The amount of the grant awarded to a highest 
        State court under this subsection shall be the sum of--
                    (A) $85,000; and
                    (B) the amount that bears the same ratio to the 
                amount reserved under subsection (a) that remains after 
                the application of paragraph (1)(A) and subparagraph 
                (A) of this paragraph, as the number of individuals in 
                the State in which the court is located who have not 
                attained 21 years of age bears to the total number of 
                such individuals in all States the highest courts of 
                which were awarded a grant under this subsection (based 
                on the most recent year for which data are available 
                from the Bureau of the Census).
            (3) Other rules.--
                    (A) In general.--The grants awarded to the highest 
                State courts under this subsection shall be in addition 
                to any grants made to the courts under section 438 of 
                the Social Security Act for any fiscal year.
                    (B) No additional application.--The Secretary shall 
                award grants to the highest State courts under this 
                subsection without requiring the courts to submit an 
                additional application.
                    (C) Reports.--The Secretary may establish reporting 
                criteria specific to the grants awarded under this 
                subsection.
                    (D) Redistribution of funds.--If a highest State 
                court does not accept a grant awarded under this 
                subsection, or does not agree to comply with any 
                reporting requirements imposed under subparagraph (C) 
                or the use of funds requirements specified in 
                subsection (c), the Secretary shall redistribute the 
                grant funds that would have been awarded to that court 
                under this subsection among the other highest State 
                courts that are awarded grants under this subsection 
                and agree to comply with the reporting and use of funds 
                requirements.
    (c) Use of Funds.--A highest State court awarded a grant under 
subsection (b) shall use the grant funds to address needs stemming from 
the COVID-19 public health emergency, which may include any of the 
following:
            (1) Technology investments to facilitate the transition to 
        remote hearings for dependency courts when necessary as a 
        direct result of the COVID-19 public health emergency.
            (2) Training for judges, attorneys, and caseworkers on 
        facilitating and participating in remote hearings that comply 
        with due process and all applicable law, ensure child safety 
        and well-being, and help inform judicial decision making.
            (3) Programs to help families address aspects of the case 
        plan to avoid delays in legal proceedings that would occur as a 
        direct result of the COVID-19 public health emergency.
            (4) Other purposes to assist courts, court personnel, or 
        related staff related to the COVID-19 public health emergency.

SEC. 8. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING FAMILIES 
              SAFELY.

    (a) In General.--For purposes of section 511 of the Social Security 
Act, during the COVID-19 public health emergency period--
            (1) a virtual home visit shall be considered a home visit;
            (2) funding for, and staffing levels of, a program 
        conducted pursuant to such section shall not be reduced on 
        account of reduced enrollment in the program; and
            (3) funds provided for such a program may be used--
                    (A) to train home visitors in conducting a virtual 
                home visit and in emergency preparedness and response 
                planning for families served, and may include training 
                on how to safely conduct intimate partner violence 
                screenings remotely, training on safety and planning 
                for families served;
                    (B) for the acquisition by families enrolled in the 
                program of such technological means as are needed to 
                conduct and support a virtual home visit; and
                    (C) to provide emergency supplies to families 
                served, regardless of whether the provision of such 
                supplies is within the scope of the approved program, 
                such as diapers, formula, non-perishable food, water, 
                hand soap, and hand sanitizer.
    (b) Virtual Home Visit Defined.--In subsection (a), the term 
``virtual home visit'' means a home visit, as described in an 
applicable service delivery model, that is conducted solely by the use 
of electronic information and telecommunications technologies.
    (c) Authority To Delay Deadlines.--
            (1) In general.--The Secretary may extend the deadline by 
        which a requirement of section 511 of the Social Security Act 
        must be met, by such period of time as the Secretary deems 
        appropriate, taking into consideration the impact of the COVID-
        19 public health emergency on eligible entity home visiting 
        programs and the impact of families enrolled in home visiting 
        programs. The Secretary may delay the deadline for submission, 
        waive performance measures, or allow for alternative data 
        sources to be used to show improvement in performance in the 
        manner provided in section 511(d)(1) of such Act.
            (2) Delay of deadline for statewide needs assessment.--The 
        Secretary may delay the October 1, 2020, deadline for reviewing 
        and updating any needs assessment required by section 511(b)(1) 
        or 511(h)(2)(A) of the Social Security Act, but any such delay 
        shall not affect the timing for, or amount of, any payment to 
        the State involved from the fiscal year allotments available to 
        the State under section 502(c) of such Act.
            (3) Guidance.--The Secretary shall provide to eligible 
        entities funded under section 511 of the Social Security Act 
        information on the parameters used in extending a deadline 
        under paragraph (1) or (2) of this subsection.
    (d) Extension of Grant Obligation Period.--Notwithstanding section 
511(j)(3)(A) of the Social Security Act, funds made available to an 
eligible entity for fiscal year 2018 under section 511 of such Act 
shall remain available for expenditure by the eligible entity through 
September 30, 2021.
    (e) Timely Release of Title V Funds.--The authorities provided in 
this section shall not be interpreted to authorize or require any delay 
in the timely release of funds under title V of the Social Security 
Act.

SEC. 9. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.

    (a) Inapplicability of Matching Funds Requirements.--During the 
COVID-19 public health emergency period, the percentage specified in 
section 474(a)(7) of the Social Security Act is deemed to be 100 
percent.
    (b) Waiver of Evidence Standard.--During the COVID-19 public health 
emergency period, the requirement in section 474(a)(7) of the Social 
Security Act that the Secretary determine that a kinship navigator 
program be operated in accordance with promising, supported, or well-
supported practices that meet the applicable criteria specified for the 
practices in section 471(e)(4)(C) of such Act shall have no force or 
effect.
    (c) Other Allowable Uses of Funds.--A State may use funds provided 
to carry out a kinship navigator program--
            (1) for evaluations, independent systematic review, and 
        related activities;
            (2) to provide short-term support to kinship families for 
        direct services or assistance during the COVID-19 public health 
        emergency period; and
            (3) to ensure that kinship caregivers have the information 
        and resources to allow kinship families to function at their 
        full potential, including--
                    (A) ensuring that those who are at risk of 
                contracting COVID-19 have access to information and 
                resources for necessities, including food, safety 
                supplies, and testing and treatment for COVID-19;
                    (B) access to technology and technological supports 
                needed for remote learning or other activities that 
                must be carried out virtually due to the COVID-19 
                public health emergency;
                    (C) health care and other assistance, including 
                legal assistance and assistance with making alternative 
                care plans for the children in their care if the 
                caregivers were to become unable to continue caring for 
                the children;
                    (D) services to kinship families, including kinship 
                families raising children outside of the foster care 
                system; and
                    (E) assistance to allow children to continue safely 
                living with kin.
    (d) Territory Cap Exemption.--Section 1108(a)(1) of the Social 
Security Act shall be applied without regard to any amount paid to a 
territory pursuant to this section that would not have been paid to the 
territory in the absence of this section.

SEC. 10. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST 
              TRANSITION ACT FUNDING CERTAINTY GRANTS.

    Section 602(c)(2) of division N of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) is amended--
            (1) in subparagraph (C), in the matter preceding clause 
        (i), by striking ``The calculation'' and inserting ``Except as 
        provided in subparagraph (G), the calculation''; and
            (2) by adding at the end the following:
                    ``(G) Adjustment of funding certainty baselines.--
                            ``(i) Hold harmless for temporary increase 
                        in fmap.--For each fiscal year specified in 
                        subparagraph (B), the Secretary shall increase 
                        the maximum capped allocation for fiscal year 
                        2019 or the final cost neutrality limit for 
                        fiscal year 2018 for a State or sub-State 
                        jurisdiction referred to in subparagraph 
                        (A)(i), by the amount equal to the difference 
                        between--
                                    ``(I) the amount of the foster care 
                                maintenance payments portion of such 
                                maximum capped allocation or final cost 
                                neutrality limit; and
                                    ``(II) the amount that the foster 
                                care maintenance payments portion of 
                                such maximum capped allocation or final 
                                cost neutrality limit would be if the 
                                Federal medical assistance percentage 
                                applicable to the State under clause 
                                (ii) for the fiscal year so specified 
                                were used to determine the amount of 
                                such portion.
                            ``(ii) Applicable federal medical 
                        assistance percentage.--For purposes of clause 
                        (i)(II), the Federal medical assistance 
                        percentage applicable to a State for a fiscal 
                        year specified in subparagraph (B) is the 
                        average of the values of the Federal medical 
                        assistance percentage applicable to the State 
                        in each quarter of such fiscal year under 
                        section 474(a)(1) of the Social Security Act 
                        (42 U.S.C. 674(a)(1)) after application of any 
                        temporary increase in the Federal medical 
                        assistance percentage for the State and quarter 
                        under section 6008 of the Families First 
                        Coronavirus Response Act (42 U.S.C. 1396d note) 
                        and any other Federal legislation enacted 
                        during the period that begins on July 1, 2020, 
                        and ends on September 30, 2021.''.

SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID FMAP.

    Section 6008 of the Families First Coronavirus Response Act (Public 
Law 116-127) is amended by adding at the end the following:
    ``(d) Application to Title IV-E Payments.--If the District of 
Columbia receives the increase described in subsection (a) in the 
Federal medical assistance percentage for the District of Columbia with 
respect to a quarter, the Federal medical assistance percentage for the 
District of Columbia, as so increased, shall apply to payments made to 
the District of Columbia under part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments 
under such part shall be deemed to be made on the basis of the Federal 
medical assistance percentage applied with respect to such District for 
purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as 
increased under subsection (a).''.
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