State plan amendment

(a)

In general

Section 422 of the Social Security Act (42 U.S.C. 622) is amended—(1)in subsection (b), by striking paragraph (7) and inserting the following:

(7)provide for development and implementation of a family partnership plan which meets the requirements of subsection (d) for identification, recruitment, screening, licensing, support, and retention of foster and adoptive families that reflect the racial and ethnic diversity of children in the State for whom foster and adoptive homes are needed;

; and

(2)by adding at the end the following:

(d)

Family Partnership Plan Requirements

For purposes of subsection (b)(7), the requirements for a family partnership plan (in this subsection referred to as the plan) are the following:(1)The plan is developed in consultation with birth, kinship, foster and adoptive families, community-based service providers, technical assistance providers, and youth with lived experience with foster care and adoption.(2)) The plan describes —(A)how the State plans to identify, notify, engage, and support relatives as potential placement resources for children;(B)how the State plans to use data to establish goals, assess needs, measure progress, reduce unnecessary placements in congregate care, improve placement stability, increase rates of kinship placements, improve recruitment and retention of families for teens, sibling groups, and other special populations, and align the racial and ethnic composition of foster and adoptive families with that of children in need of homes; and(C)how that State will stand up or support foster family advisory boards for the purpose of improving recruitment and retention of foster and adoptive families.(3)The plan provides that, not less than annually, the State shall collect and report on the State’s actual foster family capacity and congregate care utilization, including the number, demographics, and characteristics of licensed foster families, the number of such families that are not being fully utilized and the reasons therefor, and the number, demographics, and characteristics of children placed in congregate care in-State and out-of-State.(4)The plan includes, and shall update not less than annually, a summary of the most recent feedback from foster and adoptive parents and youth regarding licensure, training, support, and reasons why parents stop fostering.(5)The plan includes such other information relating to foster and adoptive parent recruitment and retention as the Secretary may require.

(b)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendment made by this subsection shall take effect on October 1, 2022.(2)

Delay permitted if state legislation required

In the case of a State plan approved under subpart 1 of part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this subsection. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Inclusion of information on foster families in annual child welfare outcomes report to Congress

Section 479A of the Social Security Act (42 U.S.C. 679b) is amended—(1)in subsection (a)—(A)in paragraph (6)(C), by striking and after the semicolon;(B)in paragraph (7)(B), by striking the period and inserting ; and; and(C)by adding at the end the following:

(8)include in the report submitted pursuant to paragraph (5) for fiscal year 2023 or any succeeding fiscal year—(A)State-by-State data on the number, demographics, and characteristics of foster families in the State, and the number of licensed foster families not being utilized in the State and the reasons why; and(B)a summary of the challenges of, and barriers to, being a foster parent, including with respect to recruitment, licensure, engagement, retention, and why parents stop fostering, as reported by States based on surveys of foster parents.

; and

(2)in subsection (b)—(A)by striking The Secretary and inserting the following:

(1)

In general

The Secretary

; and

(B)by adding at the end the following:

(2)

Working group on data collection, use, and presentation

Not later than 3 months after the date of enactment of the Data-Driven Foster Parent Recruitment and Retention Act of 2022, the Secretary shall convene a working group comprised of leading child welfare researchers, child welfare practitioners, and individuals with lived experience in foster care, including youth with experience in both family-based care and congregate care, to advise the Secretary on the types, uses, and presentation of data to be included in the annual report required under this section.