Case plan requirements

(a)

In general

Section 475 of the Social Security Act (42 U.S.C. 675) is amended—(1)in paragraph (1)(D), by striking the period at the end and inserting , including any services that meet the child’s needs and are available to the child under the State program carried out pursuant to section 477.; and(2)in paragraph (5)—(A)by striking subparagraph (D) and inserting the following:

(D)a child's health and education record (as described in paragraph (1)(C)) is reviewed and updated, and a copy of the record is supplied to the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care, and is supplied, free of cost, to—(i)the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care;(ii)the child, if the child has attained 14 years of age, at the time of each placement of the child in foster care or not less often than once every 12 months; and(iii)the child at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law;

;

(B)in subparagraph (H)—(i)by striking that is personalized and all that follows through ; and; and inserting ‘that—

(i)is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services;(ii)includes information about—(I)the eligibility of former foster children for medical assistance under title XIX and on how to enroll in a State plan or waiver under such title for such assistance and on how to obtain assistance with enrolling in such plan or waiver; and(II)the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions; and(iii)provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the child may elect; and

; and

(C)by striking subparagraph (I) and inserting the following:

(I)each child in foster care under the responsibility of the State who—(i)has attained 14 years of age—(I)is informed in an age-appropriate way of services available to the child under the State program carried out pursuant to section 477, including in every meeting between a caseworker and the child and at every court or administrative hearing held with respect to the child that requires the attendance of the child; and(II)receives without cost—(aa)a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child, each year until the child is discharged from care, and assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the consumer report;(bb)if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child and a Social Security card issued by the Commissioner of Social Security, except that the child may request that 1 or both of such documents be safely retained by the State for any length of time while the child remains in foster care under the responsibility of the State;(cc)if the child is eligible to receive such a document, a driver’s license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, or assistance with obtaining such license or card; and(dd)official documentation necessary to prove the child is in foster care; and(ii)is leaving foster care by reason of having attained 18 years of age or such greater age as the State has elected under paragraph (8) is not discharged from care without being provided with, at no cost to the child—(I)a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child and assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the consumer report;(II)if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child;(III)if the child is eligible to receive such document, a social security card issued by the Commissioner of Social Security;(IV)if the child is eligible to receive such document, a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005;(V)information on health insurance available to the child (as described in subparagraph (H)(ii));(VI)copies of the child’s health and education records (as described in paragraph (1)(C)); and(VII)official documentation necessary to prove that the child was previously in foster care.

(b)

List of rights

Section 475A of such Act (42 U.S.C. 675a) is amended by striking subsection (b) and inserting the following:

(b)

List of rights

The case plan for any child in foster care under the responsibility of the State who has attained 14 years of age shall include—(1)a document that describes the rights of the child—(A)with respect to education, health care, visitation, court participation, and consultation on case planning, development of a permanency plan, and determining transition services; (B) to be informed, in accordance with section 475(5)(I)(i)(I), of services available to the child under the State program carried out pursuant to section 477; (C)to be provided with the documents specified in clauses (i)(II) and (ii) of section 475(5)(I) in accordance with that section;(D)to stay safe and avoid exploitation;(E)to seek redress for a violation of a right of the child under this section; and(2)for each year that the child remains in foster care under the responsibility of the State, a signed and dated acknowledgment by the child that—(A)the child has been provided with a copy of the document described in paragraph (1);(B)the rights contained in such document have been explained to the child in an age-appropriate way; and(C)the child has been provided with a separate written description of any requirements necessary to receive the documents specified in clauses (i)(II) and (ii) of section 475(5)(I), along with notice of any assistance available to the child to meet such requirements.

(c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of enactment of this Act and shall apply to payments under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) 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 any State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st 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.