[Congressional Record Volume 170, Number 144 (Tuesday, September 17, 2024)]
[House]
[Pages H5257-H5259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FIND AND PROTECT FOSTER YOUTH ACT

  Mr. SMITH of Missouri. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 1146) to amend part E of title IV of the Social 
Security Act to require the Secretary of Health and Human Services to 
identify obstacles to identifying and responding to reports of children 
missing from foster care and other vulnerable foster youth, to provide 
technical assistance relating to the removal of such obstacles, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1146

       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 ``Find and Protect Foster 
     Youth Act''.

     SEC. 2. ELIMINATING OBSTACLES TO IDENTIFYING AND RESPONDING 
                   TO REPORTS OF CHILDREN MISSING FROM FOSTER CARE 
                   AND OTHER VULNERABLE FOSTER YOUTH.

       Section 476 of the Social Security Act (42 U.S.C. 676) is 
     amended by adding at the end the following:
       ``(f) Evaluation of Protocols Relating to Children Missing 
     From Foster Care and Other Vulnerable Youth; Technical 
     Assistance.--
       ``(1) In general.--The Secretary shall conduct an 
     evaluation of the protocols established by States in 
     accordance with the requirements of section 471(a)(35) and, 
     to the extent applicable, by Indian tribes or tribal 
     organizations (as defined in section 479B(a)) or tribal 
     consortia with a plan approved under section 471 in 
     accordance with section 479B.
       ``(2) Requirements.--The evaluation shall include the 
     following:
       ``(A) A review of relevant aspects of reports submitted by 
     States, Indian tribes, tribal organizations, and tribal 
     consortia under this part and part B, and data and other 
     information reported pursuant to the system established under 
     section 479.
       ``(B) Analysis of the extent to which States, Indian 
     tribes, tribal organizations, and tribal consortia comply 
     with, and enforce, the protocols required by section 
     471(a)(35).
       ``(C) Analysis of the effectiveness of such protocols.
       ``(D) Identification of obstacles for States, Indian 
     tribes, tribal organizations, and tribal consortia to 
     identifying and responding to reports of children missing 
     from foster care and other vulnerable foster youth.
       ``(E) Identification of best practices for identifying such 
     children and youth and intervening with effective services.
       ``(3) Technical assistance.--The Secretary shall provide 
     States, Indian tribes, tribal organizations, and tribal 
     consortia with information, advice, educational materials, 
     and technical assistance relating to eliminating identified 
     obstacles to identifying and responding to reports of 
     children missing from foster care and other vulnerable foster 
     youth and providing such children and youth with effective 
     services. Such assistance may include dissemination of--
       ``(A) processes and tools to identify and examine risk 
     factors and potential trends related to children who go 
     missing from foster care and other vulnerable youth;
       ``(B) best practices for runaway tracking and recovery; and
       ``(C) guidelines for intervention, including with respect 
     to services, types of providers, and placement settings.
       ``(4) Report.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall submit a 
     report to Congress on the results of the evaluation conducted 
     under this subsection and the technical assistance provided 
     in accordance with paragraph (3).''.

     SEC. 3. IMPROVING SCREENING AND ASSESSMENT OF CHILDREN 
                   RETURNED TO FOSTER CARE AFTER GOING MISSING TO 
                   DETERMINE WHETHER THEY WERE, OR ARE AT RISK OF 
                   BECOMING, VICTIMS OF SEX TRAFFICKING.

       Section 476 of the Social Security Act (42 U.S.C. 676), as 
     amended by section 2, is further amended by adding at the end 
     the following:
       ``(g) Improving Identification of, and Services for, 
     Children Who Return to Foster Care After Running Away or 
     Otherwise Being Absent From Foster Care and Who Are, or Are 
     at Risk of Being, Victims of Sex Trafficking.--
       ``(1) Assistance.--
       ``(A) Screening after a return to foster care.--The 
     Secretary shall provide States, Indian tribes, tribal 
     organizations, and tribal consortia, with information, 
     advice, educational materials, and technical assistance to 
     improve compliance with section 471(a)(35)(A)(iii).
       ``(B) Improving other requirements.--The information, 
     advice, educational materials, and technical assistance 
     provided may include information, advice, educational 
     materials, and technical assistance to improve or modify 
     policies and procedures (including relevant training for 
     caseworkers) developed by States, Indian tribes, tribal 
     organizations, and tribal consortia under section 
     471(a)(9)(C), including the following:
       ``(i) Identifying, through screening, whether the State has 
     reasonable cause to believe the child or youth is, or is at 
     risk of being, a victim of sex trafficking.
       ``(ii) Documenting the results of such screening in agency 
     records.
       ``(iii) Determining appropriate services for a child or 
     youth for whom the State determines there is reasonable cause 
     to identify the child or youth as a victim of sex 
     trafficking, or as at risk of being a victim of sex 
     trafficking.
       ``(iv) Documenting in agency records the determination of 
     appropriate services for a child or youth described in clause 
     (iii).
       ``(2) Forms of assistance.--The assistance provided under 
     this subsection shall include the following:

[[Page H5258]]

       ``(A) Assisting States, Indian tribes, tribal 
     organizations, and tribal consortia, with developing 
     oversight mechanisms to assess their compliance with section 
     471(a)(35)(A)(iii).
       ``(B) Assisting States, Indian tribes, tribal 
     organizations, and tribal consortia in developing--
       ``(i) assessments for screening children who return to 
     foster care after running away or otherwise being absent from 
     foster care for risk of becoming victims of sex trafficking; 
     and
       ``(ii) effective and robust policies relating to the use of 
     the assessments.
       ``(C) Working with States, Indian tribes, tribal 
     organizations, and tribal consortia to improve or modify 
     policies and procedures developed under section 471(a)(9)(C).
       ``(D) Providing technical assistance on how States, Indian 
     tribes, tribal organizations, and tribal consortia may best 
     use data collected pursuant to section 479 for oversight of, 
     and to ensure compliance with, the requirements of paragraphs 
     (9)(C) and (35)(A)(iii) of section 471(a).
       ``(3) Consultation.--The Secretary shall, to the extent 
     practicable, consult with internal and external offices with 
     expertise on sex trafficking, including the Office on 
     Trafficking in Persons of the Administration for Children and 
     Families, on the development and dissemination to States, 
     Indian tribes, tribal organizations, and tribal consortia of 
     the assistance required under this subsection.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     such sums as are necessary to carry out this Act for fiscal 
     year 2024 through fiscal year 2027.

     SEC. 5. IDENTIFYING AND ADDRESSING CONDITIONS THAT LEAD TO 
                   YOUTH RUNNING AWAY FROM FOSTER CARE.

       The Comptroller General of the United States shall submit 
     to the Congress a written report that--
       (1) contains a rigorous analysis of administrative data to 
     determine the characteristics of youth who run away from 
     foster care and other relevant information about foster care 
     runaway episodes;
       (2) includes information from interviews with recent foster 
     youth runaways regarding their reasons for running away and 
     what happened after they ran away, including any screening or 
     other protocol followed by the State;
       (3) includes a systematic review of research and evidence 
     related to foster youth runaways;
       (4) sets forth best practices for making foster care safe 
     for youth and reducing the number of foster youth runaways; 
     and
       (5) makes recommendations to advance child welfare 
     practices, after convening and consulting with a group of 
     child welfare practitioners and professionals to inform the 
     recommendations.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Smith) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. SMITH of Missouri. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, every year, thousands of families open their hearts and 
welcome into their homes children who have suffered abuse, neglect, and 
abandonment. Right now, there are nearly 400,000 children in foster 
care.
  Youth in the foster care system often have experienced serious trauma 
and are at high risk of going missing or running away from their foster 
care placements, which increases their likelihood of experiencing 
homelessness, human trafficking, and other exploitation.
  Over the past year, the Committee on Ways and Means has been hard at 
work reforming aspects of our child welfare programs. The Find and 
Protect Foster Youth Act, introduced by Senator John Cornyn and 
Representative Tony Gonzales, will bring us one step closer to 
realizing that goal.
  This legislation requires the Department of Health and Human Services 
and States to improve tracking for children in the foster care system 
who have run away or gone missing at some point, including screening 
youth for signs of human trafficking or other trauma.
  Under Federal law, States are required to report missing foster 
children within 24 hours to law enforcement, yet some States still 
struggle to implement those protocols. This means that in some cases, 
kids missing from foster care are not being tracked or reported as 
missing in a timely manner.
  This legislation also requires HHS to evaluate State protocols for 
shortcomings and share that information with Congress so we can 
implement the changes to better track and protect youth in our foster 
care system.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 1146, the Find and Protect 
Foster Youth Act, as amended.
  This bill builds on existing HHS guidance to ensure that States 
understand their grave responsibilities when youth go missing from 
foster care. It would require HHS to determine whether States are in 
full compliance with the law and guidance and also to identify best 
practices and provide technical support to States so that they can do 
better by our youth.
  Our committee worked closely with HHS to update the original guidance 
and then advanced, last year, the bipartisan House companion bill, H.R. 
2426.
  Taking a child into foster care is a last resort, something that we 
should do only if a child cannot live safely at home even with services 
or support. Once a State takes custody of a child, they must keep that 
child safe and act in the child's best interest. There is no higher 
obligation than keeping a child safe in our care.
  We know that children who run away from foster care are not safe. 
They are disproportionately likely to be homeless or to fall prey to 
sex traffickers and other predators. They often struggle with mental 
health challenges or substance abuse.
  To our shame, many youth who run away from foster care also were not 
safe before they ran away. They ran away because they were placed in an 
unsafe home or separated from siblings and other family members.
  This amended version of S. 1146 addresses that issue by requiring HHS 
to study and learn more about how to prevent the situation that causes 
youth to flee.
  In crafting this bipartisan additional study requirement, I was 
fortunate to consult Bryan Samuels and the able team at Chapin Hall in 
my city of Chicago. Their deep expertise and prior work on this topic 
informed our thinking.
  I take great pride in our committee's bipartisan work to strengthen 
families and protect vulnerable foster youth over the years, including 
the landmark Family First Prevention Services Act and the strong bill 
to reauthorize and invest in child welfare services that we are also 
considering today.
  Mr. Speaker, I urge all Members to support the Find and Protect 
Foster Youth Act and continue to work together to advance thoughtful 
legislation to help our most vulnerable youth and families.
  Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she might 
consume to the gentlewoman from Ohio (Ms. Brown).

                              {time}  1545

  Ms. BROWN. Mr. Speaker, I rise today in support of the Find and 
Protect Foster Youth Act.
  Every day 55 foster youth in the United States go missing. Their 
average age is 15. Missing means we don't know where they are or if 
they are safe, and all too often they are not safe.
  Right now, the system is failing foster youth. So often, people say: 
They fell through the cracks. It is our job to find where those cracks 
are and to fill them.
  That is what this bill does. It requires the Federal Government to 
coordinate with States to find the gaps and fill them so that we can 
keep foster youth safe.
  Mr. Speaker, 55 new foster youth missing each day is 55 too many, and 
I urge my colleagues to pass this bill for foster youth in Ohio and 
across the country.
  Mr. SMITH of Missouri. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself the balance of my 
time.

[[Page H5259]]

  In closing, Mr. Speaker, I thank Chairman Smith and Chairman LaHood 
for their work and their assistance in moving this bill that would 
require HHS to determine whether States are in full compliance with the 
law when youth go missing from foster care, and also to identify best 
practices and provide technical support to States so that they can 
better serve these young people in our care and need our help.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Missouri. Mr. Speaker, our foster care system is a 
lifeline for thousands of children who have been displaced, abused, and 
neglected. Many of these children are at risk for going missing or 
running away from their foster homes, which puts them at risk of 
experiencing homelessness and human trafficking.
  As Members of Congress, our responsibility to protect foster youth 
doesn't end once they are placed in a home. We must ensure that States 
have the tools and guidance to locate these children when they go 
missing in a timely manner and work to make sure every child has a safe 
and loving home.
  This legislation will strengthen communication between States and the 
Federal Government to help them find and protect missing foster youth 
who are in crisis.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Smith) that the House suspend the rules 
and pass the bill, S. 1146, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Missouri. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________