[House Report 113-441]
[From the U.S. Government Publishing Office]
113th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 113-441
=======================================================================
PREVENTING SEX TRAFFICKING AND IMPROVING OPPORTUNITIES FOR YOUTH IN
FOSTER CARE ACT
_______
May 7, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Camp, from the Committee on Ways and Means,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4058]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 4058) to prevent and address sex trafficking of
youth in foster care, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Sex Trafficking and
Improving Opportunities for Youth in Foster Care Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING
Sec. 101. Identifying and screening youth at risk of sex trafficking.
Sec. 102. Documenting and reporting instances of sex trafficking.
Sec. 103. State plan requirement to locate and respond to children who
run away from foster care.
Sec. 104. Increasing information on youth in foster care to prevent sex
trafficking.
TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND
SUPPORTING PERMANENCY
Sec. 201. Supporting normalcy for children in foster care.
Sec. 202. Improvements to another planned permanent living arrangement
as a permanency option.
Sec. 203. Empowering foster youth age 14 and older in the development
of their own case plan and transition planning for a successful
adulthood.
TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX
TRAFFICKING
Sec. 301. Including sex trafficking data in the Adoption and Foster
Care Analysis and Reporting System.
Sec. 302. Information on children in foster care in annual reports
using AFCARS data; consultation.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) Recent reports on sex trafficking estimate that thousands
of children are at risk for domestic sex trafficking.
(2) The risk is compounded every year for the up to 30,000
young people who are ``emancipated'' from foster care.
(3) The current child welfare system does not effectively
identify, prevent, or intervene when a child presents as
trafficked or at risk for trafficking.
(4) Within the foster care system, many young adults are
housed in congregate care facilities or group homes, which
often are targeted by traffickers.
(5) Within the foster care system, children are routinely
denied the opportunity to participate in normal, age or
developmentally-appropriate activities such as joining 4-H and
other clubs, participating in school plays, playing sports,
going to camp, and visiting a friend.
(6) A lack of normalcy and barriers to participation in age
or developmentally-appropriate activities contribute to
increased vulnerability to trafficking, homelessness, and other
negative outcomes for children in foster care.
(7) The latest research in adolescent brain development
indicates that young people learn through experience and
through trial and error, and that as part of healthy brain
development young people need to take on increasing levels of
decisionmaking through their teenage years.
(8) In order to combat domestic sex trafficking and to
improve outcomes for children in foster care, systemic changes
need to be made to the child welfare system that focus on--
(A) the reduction of children in long-term foster
care;
(B) greater child engagement in case planning while
in foster care;
(C) improved efforts to locate and respond to
children who have run away from foster care and to
reduce the number of foster children who are on the
run;
(D) improved policies and procedures that encourage
age or developmentally-appropriate activities for
children in foster care and that permit more
opportunities for such children to make meaningful and
permanent connections with caring adults; and
(E) with regard to domestic sex trafficking, improved
identification, prevention, and intervention by the
child welfare agency in collaboration with the courts,
State and local law enforcement agencies, schools,
juvenile justice agencies, and other social service
providers.
TITLE I--IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING
SEC. 101. IDENTIFYING AND SCREENING YOUTH AT RISK OF SEX TRAFFICKING.
Section 471(a)(9) of the Social Security Act (42 U.S.C. 671(a)(9)) is
amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) not later than--
``(i) 1 year after the date of the enactment
of this subparagraph, demonstrate to the
Secretary that the State agency has developed,
in consultation with organizations with
experience in dealing with at-risk youth,
policies and procedures for identifying and
screening (including relevant training for
caseworkers), and for determining appropriate
State action and services with respect to--
``(I) any child over whom the State
agency has responsibility for
placement, care, or supervision
(including children for whom a State
child welfare agency has an open case
file but who have not been removed from
the home and youth who are not in
foster care but are receiving services
under section 477 of this Act) who the
State has reasonable cause to believe--
``(aa) is a victim of sex
trafficking (as defined in
section 103(10) of the
Trafficking Victims Protection
Act of 2000 (22 U.S.C.
7102(10))) or a severe form of
trafficking in persons
described in section 103(9)(A)
of such Act (22 U.S.C.
7102(9)(A)); or
``(bb) is at risk of being a
victim of either kind of
trafficking; and
``(II) at the option of the State,
any individual, without regard to
whether the individual is or was in
foster care under the responsibility of
the State, who has not attained 26
years of age; and
``(ii) 2 years after such date of enactment,
demonstrate to the Secretary that the State
agency is implementing, in consultation with
the child protective services agency or unit
for the State, the policies and procedures
referred to in clause (i).''.
SEC. 102. DOCUMENTING AND REPORTING INSTANCES OF SEX TRAFFICKING.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting a semicolon; and
(3) by adding at the end the following:
``(34) provides that, for each child over whom the State
agency has responsibility for placement, care, or supervision
(including any child for whom a State child welfare agency has
an open case file but who has not been removed from the home,
and any youth who is not in foster care but is receiving
services under section 477), the State agency shall--
``(A) not later than 2 years after the date of the
enactment of this paragraph, identify and document
appropriately in agency records each child who is
identified as being a victim of sex trafficking (as
defined in section 103(10) of the Trafficking Victims
Protection Act of 2000) or as being a victim of severe
forms of trafficking in persons described in section
103(9)(A) of such Act, as such a victim; and
``(B) report immediately, and in no case later than
24 hours after receiving--
``(i) information on children who have been
identified as being victims of sex trafficking
(as defined in subparagraph (A) of this
paragraph) to the law enforcement authorities;
and
``(ii) information on missing or abducted
children to the law enforcement authorities for
entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section
534 of title 28, United States Code, and to the
National Center for Missing and Exploited
Children; and
``(35) not later than 2 years after the date of the enactment
of this paragraph, contains a regularly updated description,
made available to the public on the Internet website of the
State agency, of the specific measures taken by the State
agency to protect and provide services to children who are
victims of sex trafficking (as defined in section 103(10) of
the Trafficking Victims Protection Act of 2000), or victims of
severe forms of trafficking in persons described in section
103(9)(A) of such Act, including efforts to coordinate with
State and local law enforcement, schools, juvenile justice
agencies, and social service agencies such as runaway and
homeless youth shelters and transitional and other supportive
housing providers to serve that population.''.
(b) Regulations.--The Secretary of Health and Human Services shall
promulgate regulations implementing the amendments made by subsection
(a) of this section and shall provide uniform definitions for States to
use for the reports required under section 471(a)(34)(B) of the Social
Security Act, as added by such subsection (a).
SEC. 103. STATE PLAN REQUIREMENT TO LOCATE AND RESPOND TO CHILDREN WHO
RUN AWAY FROM FOSTER CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 102 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (34);
(2) by striking the period at the end of paragraph (35) and
inserting ``; and''; and
(3) by adding at the end the following:
``(36) provides that, not later than 1 year after the date of
the enactment of this paragraph, the State shall develop and
implement specific protocols for--
``(A) expeditiously locating any child missing from
foster care;
``(B) determining the primary factors that
contributed to the child's running away or otherwise
being absent from care, and to the extent possible and
appropriate, responding to those factors in current and
subsequent placements;
``(C) determining the child's experiences while
absent from care, including screening the child to
determine if he or she is a possible victim of sex
trafficking (as defined in paragraph (9)(C)); and
``(D) reporting such related information as required
by the Secretary.''.
SEC. 104. INCREASING INFORMATION ON YOUTH IN FOSTER CARE TO PREVENT SEX
TRAFFICKING.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Congress
a written report which summarizes the following:
(1) Information on children who run away from foster care and
their risk of becoming victims of sex trafficking, using data
reported by States under section 479 of the Social Security Act
and information collected by States related to section
471(a)(36) of such Act, including--
(A) characteristics of children who run away from
foster care;
(B) potential factors associated with children
running away from foster care (such as reason for entry
into care, length of stay in care, type of placement,
and other factors that contributed to the child's
running away);
(C) information on children's experiences while
absent from care; and
(D) trends in the number of children reported as
runaways in each fiscal year (including factors that
may have contributed to changes in such trends).
(2) Information on State efforts to provide specialized
services, foster family homes, or child care institutions for
children who are victims of sex trafficking.
(3) Information on State efforts to ensure children in foster
care form and maintain long-lasting connections to caring
adults, even when a child in foster care must move to another
foster family home or when the child is placed under the
supervision of a new caseworker.
TITLE II--IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND
SUPPORTING PERMANENCY
SEC. 201. SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE.
(a) Reasonable and Prudent Parent Standard.--
(1) Definitions relating to the standard.--Section 475 of the
Social Security Act (42 U.S.C. 675) is amended by adding at the
end the following:
``(9)(A) The term `reasonable and prudent parent standard'
means the standard characterized by careful and sensible
parental decisions that maintain the health, safety, and best
interests of a child while at the same time encouraging the
emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child
in foster care under the responsibility of the State to
participate in extracurricular, enrichment, cultural, and
social activities.
``(B) For purposes of subparagraph (A), the term `caregiver'
means a foster parent with whom a child in foster care has been
placed or a designated official for a child care institution in
which a child in foster care has been placed.
``(10) The term `age or developmentally-appropriate' means--
``(A) activities or items that are generally accepted
as suitable for children of the same chronological age
or level of maturity or that are determined to be
developmentally-appropriate for a child, based on the
development of cognitive, emotional, physical, and
behavioral capacities that are typical for an age or
age group; and
``(B) in the case of a specific child, activities or
items that are suitable for the child based on the
developmental stages attained by the child with respect
to the cognitive, emotional, physical, and behavioral
capacities of the child.''.
(2) State plan requirement.--Section 471(a)(24) of such Act
(42 U.S.C. 671(a)(24)) is amended--
(A) by striking ``include'' and inserting
``includes'';
(B) by striking ``and that such preparation'' and
inserting ``that the preparation''; and
(C) by inserting ``, and that the preparation shall
include knowledge and skills relating to the reasonable
and prudent parent standard for the participation of
the child in age or developmentally-appropriate
activities, including knowledge and skills relating to
the developmental stages of the cognitive, emotional,
physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to
engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities'' before the semicolon.
(3) Technical assistance.--The Secretary of Health and Human
Services shall provide assistance to the States on best
practices for devising strategies to assist foster parents in
applying a reasonable and prudent parent standard in a manner
that protects child safety, while also allowing children to
experience normal and beneficial activities, including methods
for appropriately considering the concerns of the biological
parents of a child in decisions related to participation of the
child in activities (with the understanding that those concerns
should not necessarily determine the participation of the child
in any activity).
(b) Normalcy for Children in Child Care Institutions.--Section
471(a)(10) of such Act (42 U.S.C. 671(a)(10)) is amended to read as
follows:
``(10) provides--
``(A) for the establishment or designation of a State
authority or authorities that shall be responsible for
establishing and maintaining standards for foster
family homes and child care institutions which are
reasonably in accord with recommended standards of
national organizations concerned with standards for the
institutions or homes, including standards related to
admission policies, safety, sanitation, and protection
of civil rights, and which shall permit use of the
reasonable and prudent parenting standard;
``(B) that the standards established pursuant to
subparagraph (A) shall be applied by the State to any
foster family home or child care institution receiving
funds under this part or part B and shall require, as a
condition of any contract entered into by the State
agency and a child care institution, the presence on-
site of at least 1 official who, with respect to any
child placed at the child care institution, is
designated to be the caregiver who is authorized to
apply the reasonable and prudent parent standard to
decisions involving the participation of the child in
age or developmentally-appropriate activities, and who
is provided with training in how to use and apply the
reasonable and prudent parent standard in the same
manner as prospective foster parents are provided the
training pursuant to paragraph (24);
``(C) that the standards established pursuant to
subparagraph (A) shall include policies related to the
liability of foster parents and private entities under
contract by the State involving the application of the
reasonable and prudent parent standard, to ensure
appropriate liability for caregivers when a child
participates in an approved activity and the caregiver
approving the activity acts in accordance with the
reasonable and prudent parent standard; and
``(D) that a waiver of any standards established
pursuant to subparagraph (A) may be made only on a
case-by-case basis for nonsafety standards (as
determined by the State) in relative foster family
homes for specific children in care;''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act, without regard to whether regulations to
implement the amendments have been promulgated by that 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 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. 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. 202. IMPROVEMENTS TO ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
AS A PERMANENCY OPTION.
(a) Elimination of the Option for Children Under Age 16.--
(1) In general.--Section 475(5)(C)(i) of the Social Security
Act (42 U.S.C. 675(5)(C)(i)) is amended by inserting ``only in
the case of a child who has attained 16 years of age'' before
``(in cases where''.
(2) Conforming amendment.--Section 422(b)(8)(A)(iii)(II) of
such Act (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by
inserting ``, subject to the requirements of sections 475(5)(C)
and 475A(a)'' after ``arrangement''.
(b) Additional Requirements.--
(1) In general.--Part E of title IV of such Act (42 U.S.C.
670 et seq.) is amended by inserting after section 475 the
following:
``SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
``(a) Requirements for Another Planned Permanent Living
Arrangement.--In the case of any child for whom another planned
permanent living arrangement is the permanency plan for the child, the
following requirements shall apply for purposes of approving the case
plan for the child and the case system review procedure for the child:
``(1) Documentation of intensive, ongoing, unsuccessful
efforts for family placement.--At each permanency hearing held
with respect to the child, the State agency documents the
intensive, ongoing, and, as of the date of the hearing,
unsuccessful efforts made by the State agency to return the
child home or secure a placement for the child with a fit and
willing relative (including adult siblings), a legal guardian,
or an adoptive parent, including through efforts that utilize
search technology (including social media) to find biological
family members for children in the child welfare system.
``(2) Redetermination of appropriateness of placement at each
permanency hearing.--The State agency shall implement
procedures to ensure that, at each permanency hearing held with
respect to the child, the court or administrative body
appointed or approved by the court conducting the hearing on
the permanency plan for the child does the following:
``(A) Ask the child about the desired permanency
outcome for the child.
``(B) Make a judicial determination explaining why,
as of the date of the hearing, another planned
permanent living arrangement is the best permanency
plan for the child and provide compelling reasons why
it continues to not be in the best interests of the
child to--
``(i) return home;
``(ii) be placed for adoption;
``(iii) be placed with a legal guardian; or
``(iv) be placed with a fit and willing
relative.
``(3) Demonstration of support for engaging in age or
developmentally-appropriate activities and social events.--At
each permanency hearing held with respect to the child, the
State agency shall document the steps the State agency is
taking to ensure the child's foster family home or child care
institution is following the reasonable and prudent parent
standard.''.
(2) Conforming amendments.--
(A) State plan requirements.--
(i) Part b.--Section 422(b)(8)(A)(ii) of such
Act (42 U.S.C. 622(b)(8)(A)(ii)) is amended by
inserting ``and in accordance with the
requirements of section 475A'' after ``section
475(5)''.
(ii) Part e.--Section 471(a)(16) of such Act
(42 U.S.C. 671(a)(16)) is amended--
(I) by inserting ``and in accordance
with the requirements of section 475A''
after ``section 475(1)''; and
(II) by striking ``section
475(5)(B)'' and inserting ``sections
475(5) and 475A''.
(B) Definitions.--Section 475 of such Act (42 U.S.C.
675) is amended--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``meets the
requirements of section 475A and'' after
``written document which''; and
(ii) in paragraph (5)(C)--
(I) by inserting ``, as of the date
of the hearing,'' after ``compelling
reason for determining''; and
(II) by inserting ``subject to
section 475A(a),'' after ``another
planned permanent living
arrangement,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(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 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. 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. 203. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER IN THE DEVELOPMENT
OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR
A SUCCESSFUL ADULTHOOD.
(a) In General.--Section 475(1)(B) of the Social Security Act (42
U.S.C. 675(1)(B)) is amended by adding at the end the following: ``With
respect to a child who has attained 14 years of age, the plan developed
for the child in accordance with this paragraph, and any revision or
addition to the plan, shall be developed in consultation with the child
and, at the option of the child, with up to 2 members of the case
planning team who are chosen by the child and who are not a foster
parent of, or caseworker for, the child. A State may reject an
individual selected by a child to be a member of the case planning team
at any time if the State has good cause to believe that the individual
would not act in the best interests of the child. One individual
selected by a child to be a member of the child's case planning team
may be designated to be the child's advisor and, as necessary,
advocate, with respect to the application of the reasonable and prudent
parent standard to the child.''.
(b) Conforming Amendments to Include Children 14 and Older in
Transition Planning.--Section 475 of such Act (42 U.S.C. 675) is
amended--
(1) in paragraph (1)(D), by striking ``Where appropriate, for
a child age 16'' and inserting ``For a child who has attained
14 years of age''; and
(2) in paragraph (5)--
(A) in subparagraph (C)--
(i) by striking ``and'' at the end of clause
(ii); and
(ii) by adding at the end the following:
``and (iv) if a child has attained 14 years of
age, the permanency plan developed for the
child, and any revision or addition to the
plan, shall be developed in consultation with
the child and, at the option of the child, with
not more than 2 members of the permanency
planning team who are selected by the child and
who are not a foster parent of, or caseworker
for, the child, except that the State may
reject an individual so selected by the child
if the State has good cause to believe that the
individual would not act in the best interests
of the child, and 1 individual so selected by
the child may be designated to be the child's
advisor and, as necessary, advocate, with
respect to the application of the reasonable
and prudent standard to the child;''; and
(B) in subparagraph (I), by striking ``16'' and
inserting ``14''.
(c) Transition Planning for a Successful Adulthood.--Paragraphs
(1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 of such Act (42
U.S.C. 675) are each amended by striking ``independent living'' and
inserting ``a successful adulthood''.
(d) List of Rights.--Section 475A of such Act, as added by section
202(b)(1) of this Act, is amended by adding at the end 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 a document that describes the rights of the child with
respect to education, health, visitation, and court participation, and
to staying safe and avoiding exploitation, and a signed acknowledgment
by the child that the child has been provided with a copy of the
document and that the rights contained in the document have been
explained to the child in an age-appropriate way.''.
(e) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit a
report to Congress regarding the implementation of the amendments made
by this section. The report shall include--
(1) an analysis of how States are administering the
requirements of paragraphs (1)(B) and (5)(C) of section 475 of
the Social Security Act, as amended by subsections (a) and (b)
of this section, that a child in foster care who has attained
14 years of age be permitted to select up to 2 members of the
case planning team or permanency planning team for the child
from individuals who are not a foster parent of, or caseworker
for, the child; and
(2) a description of best practices of States with respect to
the administration of the requirements.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
(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 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. 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.
TITLE III--IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX
TRAFFICKING
SEC. 301. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER
CARE ANALYSIS AND REPORTING SYSTEM.
(a) In General.--Section 479(c)(3) of the Social Security Act (42
U.S.C. 679(c)(3)) is amended--
(1) in subparagraph (C)(iii), by striking ``and'' after the
comma; and
(2) by adding at the end the following:
``(E) the annual number of children in foster care
who are identified as victims of sex trafficking (as
defined in section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10))) or a
severe form of trafficking in persons described in
section 103(9)(A) of such Act--
``(i) who were such victims before entering
foster care; and
``(ii) who were such victims while in foster
care; and''.
(b) Report to Congress.--Beginning in fiscal year 2016, the Secretary
of Health and Human Services shall submit an annual report to Congress
that contains the annual aggregate number of children in foster care
who are identified as victims of sex trafficking (as defined in section
103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(10))) or a severe form of trafficking in persons described in
section 103(9)(A) of such Act, together with such other information as
the Secretary determines appropriate relating to the identification of,
and provision of services for, that population of children.
SEC. 302. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS
USING AFCARS DATA; CONSULTATION.
Section 479A of the Social Security Act (42 U.S.C. 679b) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6)(C), by striking the period at the end
and inserting a semicolon;
(4) by adding at the end the following:
``(7) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year, State-
by-State data on children in foster care who have been placed
in a child care institution or other setting that is not a
foster family home, including--
``(A) the number of children in the placements and
their ages, including separately, the number and ages
of children who have a permanency plan of another
planned permanent living arrangement;
``(B) the duration of the placement in the settings
(including for children who have a permanency plan of
another planned permanent living arrangement);
``(C) the types of child care institutions used
(including group homes, residential treatment,
shelters, or other congregate care settings);
``(D) with respect to each child care institution or
other setting that is not a foster family home, the
number of children in foster care residing in each such
institution or non-foster family home;
``(E) any clinically diagnosed special need of such
children; and
``(F) the extent of any specialized education,
treatment, counseling, or other services provided in
the settings; and
``(8) include in the report submitted pursuant to paragraph
(5) for fiscal year 2016 or any succeeding fiscal year, State-
by-State data on children in foster care who are pregnant or
parenting.''; and
(5) by adding at the end the following:
``(b) Consultation on Other Issues.--The Secretary shall consult with
States and organizations with an interest in child welfare, including
organizations that provide adoption and foster care services, and shall
take into account requests from Members of Congress, in selecting other
issues to be analyzed and reported on under this section using data
available to the Secretary, including data reported by States through
the Adoption and Foster Care Analysis and Reporting System and to the
National Youth in Transition Database.''.
I. SUMMARY AND BACKGROUND
A. PURPOSE AND SUMMARY
The bill, H.R. 4058 as amended, the ``Preventing Sex
Trafficking and Improving Opportunities for Youth in Foster
Care Act,'' as ordered reported by the Committee on Ways and
Means on April 29, 2014, requires States to take steps to
prevent, identify, and address sex trafficking of youth in
foster care. Specifically, the legislation requires States to
determine whether youth in foster care and other youth being
served by State child welfare agencies have been victims of sex
trafficking and determine appropriate services for youth
victims. States are also required to document instances of sex
trafficking, report these cases to law enforcement and the
National Center for Missing and Exploited Children (NCMEC), and
report data to the U.S. Department of Health and Human Services
(HHS) so this information can be used to better prevent sex
trafficking in the future.
This legislation requires States to provide foster parents
with more authority to make day-to-day decisions regarding
their foster child's participation in age-appropriate
activities, allowing youth in foster care to have more everyday
childhood experiences such as spending time with friends,
playing sports, getting a driver's license, or working a summer
job. States also are required to implement a plan to more
quickly locate youth who run away from foster care, determine
why these youth ran from care, and take steps to address the
factors that led them to run from care to better prevent these
youth from becoming victims of sex trafficking.
This legislation ensures States do more to quickly move
kids out of foster care and into permanent, loving families.
For children under age 16, States can no longer designate long-
term foster care as a goal for a child (a status called
``Another Planned Permanent Living Arrangement'' or APPLA,
which indicates the State does not plan to return the child
home or place the child in an adoptive home, with a relative,
or with a legal guardian). For children age 16 and older who
have APPLA as a goal, States are required to document ongoing
efforts to place the child in a permanent home and explain why
other options are not in the best interest of the child.
This legislation also requires States to ensure youth in
foster care are better prepared for a successful adulthood.
Under this bill, youth in foster care who are age 14 or older
are allowed to assist in the development of their own case
plans, including by selecting individuals to be part of the
team preparing their plans.
B. BACKGROUND AND THE NEED FOR LEGISLATION
On February 14, 2014, Representative David Reichert (R-WA),
Chairman of the Committee on Ways and Means Subcommittee on
Human Resources, and Representative Lloyd Doggett (D-TX),
Ranking Member of the Subcommittee, introduced H.R. 4058, which
requires States to better prevent and identify sex trafficking,
help ensure youth in foster care do not become victims of this
crime, and confirm youth in foster care have the tools they
need to become successful adults.
Through Committee hearings, discussions with child welfare
administrators and other experts, and conversations with youth
who have experienced foster care first hand, it has become
clear that today's foster care system is not adequately
identifying and addressing instances of sex trafficking of
youth in foster care. A number of child welfare experts, foster
parents, and former foster youth have also pointed out how some
child welfare policies hinder children's chances to participate
in normal childhood activities, further disconnecting these
youth from the friends, family, and community supports they
need to thrive.
Evidence suggests many children involved in sex trafficking have had
contact with the foster care system
There are a number of different estimates of how many
children become victims of sex trafficking. While little
comprehensive information is available to indicate the exact
size of the problem, a 2009 report by Shared Hope International
offers some insight into the magnitude of the issue. Shared
Hope International began working with 10 Department of Justice-
funded human trafficking task forces to assess the problem,
focusing on identifying instances of domestic sex trafficking
across the 10 jurisdictions. The total number of suspected
victims of sex trafficking in these jurisdictions amounted to
almost 6,000 child victims from across the country, which
included areas in Texas, Nevada, Missouri, Louisiana, New York,
Utah, and Florida.\1\
---------------------------------------------------------------------------
\1\Shared Hope International, The International Report on Domestic
Minor Sex Trafficking: Americas Prostituted Children. May 2009. Found
online at: http://sharedhope.org/wp-content/uploads/2012/09/
SHI_National_Report_on_DMST_2009.pdf
---------------------------------------------------------------------------
Additional information on the scope of the problem is
available from the Human Trafficking Reporting System funded by
the Department of Justice, which reveals that Federally-funded
human trafficking task forces opened 2,515 investigations of
human trafficking between January 1, 2008 and June 30, 2010. Of
these cases, 82 percent involved sex trafficking, with 40
percent involving prostitution or sexual exploitation of a
child.\2\
---------------------------------------------------------------------------
\2\Bureau of Justice Statistics, U.S. Department of Justice,
Characteristics of Suspected Human Trafficking Incidents, 2008-2010.
April 2011. Found online at: http://www.bjs.gov/content/pub/pdf/
cshti0810.pdf
---------------------------------------------------------------------------
Recent reports also have highlighted the disturbing
connection between sex trafficking and the nation's foster care
system. In 2010, 59 percent of the 174 juveniles arrested on
prostitution charges in Los Angeles County were in the foster
care system.\3\ Additionally, a report conducted by the
California Child Welfare Council summarizing data from a number
of cities in the State found that between 50 and 80 percent of
victims of sex trafficking are or were involved with the child
welfare system.\4\ Further, of children reported missing to the
National Center for Missing and Exploited Children (NCMEC) who
are also likely sex trafficking victims, 60 percent were in
foster care or group homes when they ran away.\5\ Others have
reported that trafficking perpetrators often target youth in
foster care or youth living in group homes.
---------------------------------------------------------------------------
\3\Sewell, Abby, Most L.A. County Youths Held for Prostitution Come
from Foster Care, Los Angeles Times. November 27, 2012. Found online
at: http://articles.latimes.com/2012/nov/27/local/la-me-1128-sex-
trafficking-20121128
\4\Walker, Kate, California Child Welfare Council, Ending the
Commercial Sexual Exploitation of Children: A Call for Multi-System
Collaboration is in California. 2013. Found online at: http://
www.youthlaw.org/fileadmin/ncyl/youthlaw/publications/Ending-CSEC-A-
Call-for-Multi-System_Collaboration-in-CA.pdf
\5\National Center for Missing and Exploited Children. August 2013.
Found online at: http://blog.missingkids.com/post/56795201973/the-
national-center-for-missing-exploited
---------------------------------------------------------------------------
Even with the evidence showing the linkage between sex
trafficking and the foster care system, the current child
welfare system in most States has not been effective at
identifying and helping those who are at risk of being
trafficked. The establishment of processes identified in this
legislation will aid in the effort to better combat sex
trafficking and ensure youth involved with the foster care
system do not become victims.
Some child welfare policies may increase the risk of harm to children
placed in foster care
As reviewed by the Subcommittee on Human Resources in a May
9, 2013 hearing, some foster care policies have made it
difficult for foster youth to participate in everyday
activities such as playing sports, spending time with friends,
or getting a driver's license. While well intentioned, these
policies can increase the youth's isolation and separation from
family and friends, exposing them to far greater dangers--
including susceptibility to becoming a victim of sex
trafficking.\6\
---------------------------------------------------------------------------
\6\Committee on Ways and Means. Letting Kids Be Kids: Balancing
Safety with Opportunity for Foster Youth. May, 9 2013. Found online at:
http://waysandmeans.house.gov/calendar/eventsingle.aspx?EventID=332391
---------------------------------------------------------------------------
While foster care can protect children from further abuse
and neglect, children who stay in foster care for extended
periods can experience troubling outcomes, especially those who
leave foster care at age 18 without being placed in a permanent
home. Research shows that children who spend substantial time
in foster care are less likely to graduate from high school,
attend college, be employed, or have enough income to support a
family, when compared to their peers not in the foster care
system. Additionally, youth who spend extended periods in
foster care are also more likely to become teen parents,
collect welfare, become homeless, be arrested, or use drugs.\7\
As long-term foster care can lead to such poor outcomes, it is
important that the Federal government enact changes to current
policies to ensure youth have improved opportunities to
succeed.
---------------------------------------------------------------------------
\7\Hansen, Mary E. The Value of Adoption. American University
Department of Economics Working Paper Series. December 2006. Found
online at: http://w.american.edu/cas/economics/repec/amu/workingpapers/
1506.pdf
---------------------------------------------------------------------------
C. LEGISLATIVE HISTORY
Background
On December 20, 2013, the Subcommittee released a draft
bill addressing child sex trafficking building on bipartisan
legislative proposals developed by Representative Erik Paulsen
(R-MN) and other Members of Congress and incorporating
recommendations suggested by witnesses at three Ways and Means
hearings. The public submitted over 150 pages of comments on
the draft, and those comments informed a number of changes that
were incorporated into H.R. 4058, which was introduced on
February 14, 2014, and referred to the Committee on Ways and
Means.
Committee Action
The Committee on Ways and Means marked up the bill on April
29, 2014, and ordered the bill, as amended, favorably reported.
The amendments incorporated into H.R. 4058 as introduced were
reflected in a Chairman's Amendment in the Nature of a
Substitute, which included a series of technical edits
suggested by the Congressional Research Service as well as the
removal of Section 204 of the legislation as introduced.
Committee Hearings
On May 9, 2013, the Subcommittee on Human Resources
convened a hearing titled ``Letting Kids be Kids: Balancing
Safety with Opportunity for Foster Youth.'' This hearing
brought together witnesses who spoke about some of the
difficulties faced by foster parents and youth in foster care
that make it difficult for youth to participate in activities
with their peers, including examples of how youth were unable
to play on a school sports team, vacation with their foster
family, attend a summer camp, or get a part-time job.
On October 23, 2013, the Subcommittee on Human Resources
held a hearing on preventing and addressing sex trafficking of
youth in foster care. During this hearing, the Subcommittee
heard testimony from a number of experts, including a survivor
of sex trafficking, as well as from individuals working to
assist survivors and protect youth in foster care. Together
these witnesses reiterated how serious the issue of sex
trafficking is and how the child welfare system can be improved
to prevent children in foster care from becoming victims of
this crime.
On February 19, 2014, the Subcommittee on Human Resources
conducted a field hearing in Auburn, Washington, focused on
efforts to prevent and address sex trafficking in Washington
State. The witnesses at this hearing discussed the current
initiatives of law enforcement, local and State government, and
victim advocacy groups. The witnesses identified local efforts
that help combat sex trafficking and assist those who have been
victimized, and witnesses also provided input on legislative
proposals to better identify and assist victims of sex
trafficking in the foster care system.
II. EXPLANATION OF THE BILL
SECTIONS 1-3. SHORT TITLE, TABLE OF CONTENTS, AND FINDINGS
Present Law
Not applicable.
Explanation of Provision
The Act's short title is the ``Preventing Sex Trafficking
and Improving Opportunities for Youth in Foster Care Act.''
The legislation includes a table of contents as well as a
series of Congressional findings noting the estimated scope of
children at risk of sex trafficking and the particular
vulnerability of children who age out of foster care. It finds
that the current child welfare system does not respond to the
needs of children who are victims of, or at risk of, sex
trafficking and, further, that it may increase the
vulnerability of youth in care to sex trafficking, homelessness
and other negative outcomes. To combat sex trafficking and to
improve outcomes for children in foster care, the bill seeks
``systemic'' changes to the child welfare system that focus on:
(1) reducing the number of children in long-term foster care;
(2) increasing the engagement of children in foster care in
their own case planning; (3) improving efforts to locate and
respond to children who have run away from foster care and
reducing the number of children who run from care; (4) enabling
youth to participate in age-appropriate activities and to
connect with caring adults; and (5) improving child welfare
agency efforts--in collaboration with the courts, local law
enforcement agencies, juvenile justice agencies, schools, and
social service providers--to prevent, identify and intervene in
cases of domestic child sex trafficking.
Reason for Change
Recent reports have highlighted a disturbingly strong
connection between the foster care system and victims of sex
trafficking. In light of this, the Committee believes State
child welfare agencies must do more to both identify instances
of sex trafficking among foster youth and prevent it from
happening in the first place. The Committee also understands
that some foster care polices make it difficult for youth in
foster care to participate in activities that help them connect
with families, friends, and others in their communities, and
believes States should take steps to empower youth to
participate in age-appropriate activities which will reduce
their vulnerability to sex trafficking and other negative
outcomes.
TITLE I: IDENTIFYING AND PROTECTING YOUTH AT RISK OF SEX TRAFFICKING
SECTION 101. IDENTIFYING AND SCREENING YOUTH AT RISK OF SEX TRAFFICKING
Present Law
The Trafficking Victims Protection Act (TVPA) defines sex
trafficking as the ``recruitment, harboring, transportation,
provision, or obtaining of a person for the purposes of a
commercial sex act'' and any severe form of trafficking in
persons in which a commercial sex act is induced by force,
fraud, or coercion, or in which the person induced to perform
the act is under 18 years of age (Sec. 103(9)(A) and (10) of
the TVPA [22 U.S.C. 7102 (9)(A) and (10)]).
For purposes of Title IV-E (and Title IV-B) of the Social
Security Act, the term ``child'' refers to an individual under
the age of 18, or at State option, an individual up to age 19,
20, or 21 who remains in foster care and who meets certain
additional criteria (Sec. 475(8)). Youth who ``age out'' of
foster care may receive services under the Chafee Foster Care
Independence Program up to age 21 (or up to age 23 for certain
youth receiving Education and Training Vouchers) (Sec. 477(a)).
A State child welfare agency is required, under the Title
IV-E plan requirements, to report to an appropriate agency or
official known or suspected instances of physical or mental
injury, sexual abuse or exploitation, or negligent treatment or
maltreatment of a child receiving aid under any Federal child
welfare program authorized in Title IV-E or Title IV-B (Sec.
471(a)(9)).
Explanation of Provision
The legislation requires the State child welfare agency, in
consultation with organizations dealing with at-risk youth, to
develop policies and procedures for identifying, screening, and
determining appropriate State actions and services for children
whom the State has reasonable cause to believe are victims of
sex trafficking or at risk of being victims of sex trafficking.
For purposes of this provision, the legislation defines sex
trafficking as it is currently defined in the TVPA (Sec.
103(9)(A) and (10) [22 U.S.C. 7102 (9)(A) and (10)]).
The policies and procedures developed under the State's
Title IV-E plan must address relevant training for caseworkers
and apply to any child over whom the State child welfare agency
has responsibility for placement, care or supervision,
including children in foster care, children living in their own
homes but for whom the child welfare agency has an open case
file, and youth who are receiving services under the Chafee
Foster Care Independence Program. Additionally, States are
permitted to apply these policies and procedures to any
individual up to the age of 26 (regardless of his or her
current or former foster care status).
Each State must demonstrate to the U.S. Department of
Health and Human Services (HHS) that it has developed these
policies and procedures no later than one year after the date
of enactment of this bill, and demonstrate that it was
implementing them--in consultation with the child protective
services agency or unit for the State--no later than two years
after the date of enactment.
Reason for Change
State child welfare agencies currently work with youth
victims of sexual abuse and provide services to victims. Recent
news articles, police reports, reports from the National Center
for Missing and Exploited Children (NCMEC), and other sources
highlight how a large share of youth found to be victims of sex
trafficking have had previous contact with the child welfare
system. The Committee believes that State child welfare
agencies can and should develop effective procedures for
preventing the sex trafficking of youth in foster care as well
as better serve youth victims of this crime.
SECTION 102. DOCUMENTING AND REPORTING INSTANCES OF SEX TRAFFICKING
Present Law
No specific related provision. To receive Title IV-E funds,
a State must have a plan consistent with the Federal Title IV-E
plan requirements that is approved by HHS (Sec. 471).
The National Crime Information Center (NCIC) is a
computerized index of information on crimes and criminals that
is maintained by the Federal Bureau of Investigation (FBI) (28
U.S.C. 534). The National Center for Missing and Exploited
Children (NCMEC) is a non-profit organization that receives
Federal funding to carry out activities authorized in Federal
law, including supporting law enforcement agencies and families
in missing children and child sexual exploitation cases (Title
IV of the Juvenile Justice and Delinquency Prevention Act of
1974 [42 U.S.C. 5771 et. seq]).
Explanation of Provision
No later than two years after the date of enactment, the
legislation requires the State child welfare agency (under its
Title IV-E plan) to:
Identify and document appropriately in
agency records each child identified as a victim of sex
trafficking for whom the State child welfare agency has
responsibility for placement, care or supervision,
including children in foster care, children living in
their own homes but for whom the child welfare agency
has an open case file, and youth who are receiving
services under the Chafee Foster Care Independence
Program; and
``Immediately'' report information on
children identified as victims of sex trafficking to
law enforcement authorities, and in no case more than
24 hours after it was received.
For purposes of these Title IV-E requirements, the
legislation defines sex trafficking as it is currently defined
in Sec. 103(9)(A) and (10) of the TVPA [22 U.S.C. 7102 (9)(A)
and (10)].
No later than two years after enactment of this provision,
the legislation requires the State child welfare agency (as
part of its Title IV-E plan) to make available to the public
via the agency's website a regularly updated description of the
specific measures it takes to protect and serve child victims
of sex trafficking, including efforts to coordinate with State
law enforcement, schools, juvenile justice agencies, as well as
social service agencies (such as runaway and homeless youth
shelters and transitional and other supportive housing
providers).
No later than two years after the enactment of this
provision, the legislation requires the State child welfare
agency (under its Title IV-E plan) to provide information on
missing or abducted children to law enforcement authorities for
entry into the NCIC and to the NCMEC. The information is to be
relayed ``immediately'' and in no case more than 24 hours after
the information was received.
The legislation requires HHS to issue regulations to
implement these new reporting requirements and to provide
uniform definitions for the reports State child welfare
agencies are required to make to law enforcement agencies
(concerning sex trafficking victims and missing or abducted
children) and to the NCMEC (concerning missing or abducted
children).
Reason for Change
While some information is available regarding the number of
victims of child sex trafficking, little comprehensive data
exists to illustrate the magnitude of the problem. This bill
would ensure State child welfare agencies document instances of
sex trafficking so States and the Federal government have
better information on matters such as how many instances of
child sex trafficking are identified in the child welfare
system and where these instances are occurring. Once a State
identifies an incident of sex trafficking, it must immediately
report this information to law enforcement so the case can be
investigated. This bill requires States to report information
on instances of child sex trafficking to law enforcement, as
well as report missing or abducted children to the NCMEC as
these children are potential victims of sex trafficking.
Together, these changes will ensure more victims are identified
and that better information is available on the problem of sex
trafficking nationally.
In many States, little information is available on efforts
to combat sex trafficking across agencies. To ensure States
work collaboratively with various groups such as schools,
juvenile justice agencies, and transitional and supportive
housing providers to address sex trafficking, this bill also
requires States to describe the collaborative efforts they are
taking to address the problem and ensure this information is
available to the public.
State child welfare agency officials should notify law
enforcement as soon as a child is identified as a victim of sex
trafficking. This bill will ensure States report this
information to law enforcement quickly so the proper steps can
be taken to both address the issue, as well as work to prevent
any other children from becoming victims. This bill also
requires States to provide information on children missing or
abducted from foster care to the NCIC, ensuring that this data
is immediately available to all law enforcement officials
nationwide. This same information would be reported to the
NCMEC, which provides a range of services to organizations
working to locate and serve missing children as well as prevent
and address child sex trafficking. Together, these provisions
will ensure State child welfare agencies improve coordination
with law enforcement and that additional experts are more
quickly involved in locating children missing from foster care.
SECTION 103. STATE PLAN REQUIREMENT TO LOCATE AND RESPOND TO CHILDREN
WHO RUN AWAY FROM FOSTER CARE
Present Law
No specific related provision. To receive Title IV-E funds,
a State must have a plan consistent with the Federal Title IV-E
plan requirements approved by HHS (Sec. 471).
Explanation of Provision
As part of the Title IV-E plan, the legislation requires
the State child welfare agency to develop and implement
protocols related to children who run away from foster care.
The protocols would need to address:
Expeditiously locating any child missing
from foster care;
Determining the primary factors that
contributed to the child's running away or otherwise
being absent from care, and responding to those factors
in current and subsequent placements (to the extent
appropriate and possible);
Determining what happened to the child while
he or she was absent from care, including a
determination of whether the child may be a victim of
sex trafficking; and
Reporting such related information as
required by HHS.
Reason for Change
Children who run away from foster care are at high risk of
becoming victims of sex trafficking and other crimes. This
provision will improve our understanding of factors that may
lead children to run away from foster care, as well as ensure
each State implements a plan to reduce the number of children
who run away from care. This provision will also require States
to screen runaways to determine if they were victims of sex
trafficking while absent, ensuring more children are quickly
identified as victims so they can receive the appropriate
services.
SECTION 104. INCREASING INFORMATION ON YOUTH IN FOSTER CARE TO PREVENT
SEX TRAFFICKING
Present Law
Under the Adoption and Foster Care Analysis and Reporting
System (AFCARS), developed pursuant to Section 479, States
provide regular data to HHS concerning each child in foster
care. This includes the child's demographic characteristics and
certain information related to his or her foster care
experiences (such as the reason for entry to care, length of
stay, placement setting, and other factors).
Explanation of Provision
No later than one year after the enactment of this
provision, the legislation requires HHS to submit a written
report to Congress summarizing information on: (1) the
characteristics of children who run away from foster care,
including potential factors associated with children running
from care, their experiences while absent from care, and trends
in their numbers; (2) State efforts to provide specialized
services, foster family homes, or child care institutions for
child victims of sex trafficking; and (3) State efforts to
ensure children in foster care form and maintain long-lasting
connections to caring adults (even when a child must move to a
new foster family home or be placed under the supervision of a
new caseworker).
The information on children who run away is to be based on
data reported by States, via AFCARS, as well as data gathered
by States under their protocols for responding to children who
run away from foster care.
Reason for Change
Although children who run away from foster care are at high
risk of becoming victims of crimes such as sex trafficking,
little information is now available regarding children who run
away, why they run away, and where they spend time while away
from care. This provision will improve our understanding of
factors that may lead children to run away from foster care,
providing data to inform future policy changes at the Federal,
State, and local level that can reduce these incidents. In
addition, requiring HHS to report information on State efforts
to serve victims of trafficking will help create a national
picture of what services are provided currently and what
additional services may be needed.
Youth formerly in foster care often describe the importance
of having long-term relationships with foster parents,
guardians, teachers, mentors, and others. Under the bill, HHS
will collect and report information on States' efforts to
promote long-lasting relationships between youth in foster care
and adult role models. Requiring HHS to report this information
to Congress will also ensure State practices are shared more
widely, providing useful information to other States that may
be interested in developing policies in this area.
TITLE II: IMPROVING OPPORTUNITIES FOR YOUTH IN FOSTER CARE AND
SUPPORTING PERMANENCY
SECTION 201. SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE
Present Law
Current law defines terms that apply to the Federal foster
care program under Title IV-E, as well as other child welfare
programs in that part and in Title IV-B (Sec. 475).
As part of its Title IV-E plan, each State child welfare
agency must certify that before it places a child in foster
care with prospective foster parents, the prospective foster
parents are prepared with adequate skills and knowledge to meet
the needs of the child and that this preparation will continue,
as needed, once the child is placed with those foster parents
(Sec. 471(a)(24)).
Under its Title IV-E plan, a State child welfare agency
must establish, or designate another State authority to
establish, licensing standards that apply to each foster family
home or child care institution that provides foster care (for
any child under the responsibility of the State). These
standards must be reasonably in accord with recommended
standards of appropriate national organizations and must
address admission policies, safety, sanitation, and protection
of civil rights. The same standards must be applied to each
foster family home, except that, on a case-by-case basis (and
for a specific child in care), a State may waive a non-safety
standard for a relative foster family home.
Explanation of Provision
For purposes of the Federal foster care program in Title
IV-E and other child welfare programs in that part and in Title
IV-B, the legislation defines ``reasonable and prudent parent
standard'' as ``the standard characterized by careful and
sensible parental decisions that maintain the health, safety,
and best interests of a child while at the same time
encouraging the emotional and developmental growth of the
child,'' and as the standard that a caregiver--the child's
foster parent or a designated official at the child care
institution where a child is placed--must use ``when
determining whether to allow a child in foster care to
participate in extracurricular, enrichment, cultural, and
social activities.''
The legislation goes on to define ``age or developmentally
appropriate'' as ``activities or items that are generally
accepted as suitable for children of the same chronological age
or level of maturity or that are determined to be
developmentally appropriate for the child, based on the
development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group.'' Further,
with respect to a specific child, ``age and developmentally
appropriate'' is defined to mean ``activities or items that are
suitable for that child based on the developmental stages
attained by the child with respect to the cognitive, emotional,
physical and behavioral capacities of the child.''
The legislation amends the requirement to prepare foster
parents with adequate skills to meet the needs of the child
they will care for by requiring the State to certify that this
preparation will include knowledge and skills related to use of
the ``reasonable and prudent parent standard'' for the child's
participation in ``age and developmentally appropriate''
activities, including applying the standard to decisions
concerning the child's participation in activities and in
arranging transportation for the child to and from those
activities.
HHS must provide technical assistance to States on best
practices to assist foster parents in applying the reasonable
and prudent parent standard in a manner that protects child
safety, allows children to experience normal and beneficial
activities, and considers (but does not necessarily make
determinative) the concerns of the child's biological parents.
The legislation maintains current law licensing
requirements, while adding a new requirement that the State's
licensing standards for foster family homes, and for child care
institutions providing foster care, must permit the use of the
reasonable and prudent parent standard.
The licensing standards must require that any contract
entered into by the State child welfare agency with a child
care institution (i.e., a congregate care provider of foster
care) stipulate that the institution has on-site at least one
designated official who, with respect to any child placed in
the institution, is authorized to apply the ``reasonable and
prudent parent standard'' to decisions about the child's access
to, or participation in, ``age or developmentally appropriate''
activities. Further, the designated official must be provided
with training on the use and application of the ``reasonable
and prudent parent standard'' (in the same manner as training
is provided to foster parents on the standard).
The State's standards for foster family homes and child
care institutions must include policies related to the
``appropriate'' liability of foster parents and private
entities under contract with the State involving the
application of the ``reasonable and prudent parent standard.''
The changes (including the definition of the ``reasonable
and prudent parent standard'' and its application in training
foster parents and in licensing standards) are generally
effective one year after the date of enactment, without regard
to whether regulations to implement the provisions have been
promulgated. However, if HHS determines that a State must enact
legislation (other than appropriations) in order to meet these
additional Title IV-E plan requirements, then the State may
have limited additional time to come into compliance with these
requirements.
Reason for Change
As reviewed in a May 2013 Subcommittee hearing, entering
foster care is a life-changing experience for children. Not
only have these children been abused or neglected, but they
also have been separated from parents and face other
significant changes in their lives. Often they begin attending
a new school, where they have to start over making friends,
fitting in, and participating in sports and activities. All of
this makes it even harder for children in foster care to
succeed.
Adding to these difficulties, some foster care policies and
practices have the unintended effect of making life even harder
for foster youth. For example, some State foster care rules
have made it difficult for foster youth to participate in
sports, sleep over at a friend's house, obtain a driver's
license, or get a part-time job. Often such practices are done
in the name of protecting youth; but State testimony to the
Subcommittee on Human Resources suggests that such practices
have unintentionally isolated youth in foster care (especially
teens) from their peers, increasing their exposure to sex
trafficking and other dangers.
The testimony of former foster youth on the lack of
normalcy in their lives is compelling: ``Growing up in the
foster care system, I felt like I was in captivity. Many times
I was separated from the things that meant so much to me and
the only reasoning that was given to me was, `It's the County
rules' or `We have to get the County to approve.' This
reference was towards the same County officials who skipped out
on mandated monthly visits, placed me into foster homes that
were unfit for any child to live in and overlooked my plea to
play sports because it was more important for me to see a
therapist. I remember the many different experiences that I had
as a foster child where I would pray to God to take me off this
earth because I wanted so badly not to be a foster child.''\8\
---------------------------------------------------------------------------
\8\Committee on Ways and Means. Letting Kids Be Kids: Balancing
Safety with Opportunity for Foster Youth. Testimony of Talitha James.
May, 9 2013. Found online at: http://waysandmeans.house.gov/
uploadedfiles/talitha_james_testimony_hr050913.pdf
---------------------------------------------------------------------------
To overcome such barriers and better promote the healthy
development of young people in foster care, the legislation
encourages all States to replicate recent efforts in some
States to eliminate rules that have kept foster youth from
being treated like other children. For example, California and
Florida have examined State foster care policies and made
reforms designed to allow foster youth to be treated more like
other kids--including participating in age-appropriate
activities like sports, sleepovers with friends, getting a
part-time job, and getting a driver's license.\9\
---------------------------------------------------------------------------
\9\Children's Law Center of Los Angeles, ``Living a Normal Life.''
Found online at: http://www.clcla.org/Images/pdfs/
pdfs_whatsnew_columns/Living_Normal_Life.pdf and Governor Rick Scott:
``Let Kids Be Kids.'' Found online at: http://www.flgov.com/2013/04/11/
gov-scott-let-kids-be-kids/
---------------------------------------------------------------------------
To address this issue, the legislation defines key terms
that govern the actions of foster parents (whose actions should
abide by a ``reasonable and prudent parent standard'') and
foster youth (who should be permitted to participate in ``age
or developmentally appropriate'' activities). In doing so, the
Committee's intent is to allow all youth in foster care to
achieve greater normalcy in their lives and thereby strengthen
their bonds to friends, family, and their community and improve
their chances of growing up to be successful adults.
The Committee also regards the achievement of greater
normalcy for youth to be an essential ingredient to preventing
negative outcomes such as sex trafficking--both by occupying
children's free time with constructive activities such as
sports or a part-time job, and by giving them increased
connections to responsible adults with their best interests at
heart.
Training is an essential component of any change in the
foster care system, especially one designed to affect how
foster parents care for youth placed in their trust. Thus, the
legislation requires States to incorporate training on what is
meant by the ``reasonable and prudent parent standard'' and
``age and developmentally appropriate'' activities in future
training for foster parents. Ultimately, the intent of the
legislation is that this training translates into greater
normalcy for foster youth, who would experience both better
outcomes in general and, in extreme cases, reduced exposure to
sex traffickers who prey on disconnected youth in foster care.
The Committee expects HHS to provide technical assistance
to all States on best practices developed by States that have
already taken steps to improve the normalcy of youth in foster
care. It is the Committee's intent that the changes related to
the definitions of the ``reasonable and prudent parent
standard'' and ``age or developmentally appropriate
activities'' be applied in all settings, including in
congregate care settings. The Committee notes that, as
disclosed in its hearing series on sex trafficking of youth in
foster care, youth in congregate care settings--including girls
as young as 13--are targeted by sex traffickers.\10\ As
described by one witness, a key reason for their vulnerability
is precisely the lack of normalcy in their lives and absence of
responsible adults to whom they can turn: ``Youth within the
system are more vulnerable to becoming sexually exploited
because youth accept and normalize the experience of being used
as an object of financial gain by people who are supposed to
care for us, we experience various people who control our
lives, and we lack the opportunity to gain meaningful
relationships and attachments.''\11\ It is to combat such
effects that the legislation expects States to incorporate
these changes in all foster care settings, including congregate
care where young people have been shown to be especially
vulnerable to sex trafficking.
---------------------------------------------------------------------------
\10\As noted in an October 2008 article submitted by Rep. Paulsen
for the record of the Subcommittee's October 23, 2013 hearing: ``The
foster child who brought down a suburban prostitution ring this summer
has pale skin, pink cheeks, laughs often while visiting her biological
family and wears a gold butterfly charm on black string around her
neck. Her life, however, has been anything but carefree. On July 8, the
13-year-old girl and two other teens ran away from a suburban Chicago
group home for foster children and made their way to a Lombard hotel to
meet up with a 25-year-old pimp . . . This case is one of the recent
handful that show how some group facilities designed to protect the
state's most vulnerable and troubled foster children can become
breeding grounds for the recruitment of child prostitutes, child
welfare experts say.'' Chicago Tribune, ``Foster Runaways Risk
Prostitution.'' October 29, 2008. Found online at: http://
articles.chicagotribune.com/2008-10-29/news/0810280420_1_prostitution-
child-welfare-foster
\11\Committee on Ways and Means. Preventing Sex Trafficking of
Youth in Foster Care. Testimony of Withelma ``T'' Ortiz Walker
Pettigrew. October 23, 2013. Found online at: http://
waysandmeans.house.gov/uploadedfiles/
t_ortiz_walker_pettigrew_testimony_hr102313.pdf
---------------------------------------------------------------------------
SECTION 202. IMPROVEMENTS TO ANOTHER PLANNED PERMANENT LIVING
ARRANGEMENT AS A PERMANENCY OPTION
Present Law
States must ensure court determination of a permanency plan
for each child who has been in foster care for at least 12
months. This permanency plan must be to reunite the child with
his or her parent(s) or to place the child in an adoptive
family, with a legal guardian, or with a fit and willing
relative. However, if the State child welfare agency documents
for the court a compelling reason that none of those options is
in the child's best interest, then the court may establish the
child's permanency plan as ``another planned permanent living
arrangement'' (APPLA) (Sec. 475(5)(C)(i)).
Further, a State must have a service program designed to
help children in foster care achieve permanency through
returning to their parents (when safe and appropriate),
adoption, guardianship, placement with a fit and willing
relative, or, if none of those options are appropriate,
placement in some other planned permanent living arrangement
(including residential education programs) (Sec.
422(b)(8)(A)(iii)).
The terms ``case plan'' and ``case review system'' are
defined in Title IV-E (Section 475). Under the Stephanie Tubbs
Jones Child Welfare Services program (Title IV-B, Subpart 1) a
State child welfare agency must meet all the case review system
requirements, including those related to case planning, spelled
out in these definitions for each child in foster care (Sec.
422(b)(8)(A)(ii)). Under the Title IV-E foster care program,
the State child welfare agency is required to meet some of
those case review requirements, including all those related to
case planning, for each child in foster care who is eligible
for Title IV-E assistance (Sec. 471(a)(16)).
Explanation of Provision
The legislation stipulates that no child under age 16 may
have a permanency plan of APPLA. The legislation also requires
that, at any annual permanency hearing involving a youth for
whom the permanency plan is APPLA, the State child welfare
agency must:
Document the ongoing, but, to date,
unsuccessful, efforts made to return the youth to his
or her parents or to secure a placement for the youth
with an adoptive parent, legal guardian, or a fit and
willing relative (including adult siblings); these
efforts must involve the use of ``search technology,''
including social media, to locate biological family
members;
Document the steps it is taking to ensure
the child's foster family home or child care
institution is applying the reasonable and prudent
parent standard; and
Have procedures in place to ensure that the
court conducting the hearing: (1) ask the child about
his or her desired permanency outcome; (2) determine
why (as of the date of the hearing) APPLA continues to
be the best permanency plan for the child; and (3)
provide compelling reasons why it continues to not be
in the child's best interest to be returned home, or be
placed for adoption, with a legal guardian, or with a
fit and willing relative.
The legislation makes conforming amendments to ensure the
``case plan'' and ``case review system'' definitions
incorporate the new APPLA and related requirements. The
legislation makes conforming amendments to ensure State child
welfare agencies, as a condition of receiving Federal Title IV-
E funding or funding under the Stephanie Tubbs Jones Child
Welfare Services program, meet (for each child in foster care
receiving Title IV-E assistance) the new case review
requirements related to APPLA and additional case plan
requirements (related to providing a list of rights for certain
children in foster care added by Section 203).
The changes made by this section of the legislation--
including restricting use of APPLA as a permanency plan by age
and making additional requirements related to use of APPLA as a
permanency option--would generally be effective one year after
the date of enactment. However, if HHS determines that a State
must enact legislation (other than appropriations) in order to
meet these additional Title IV-E plan requirements, then the
State may have limited additional time to come into compliance
with the requirements.
Reason for Change
Because Congress was concerned about children languishing
in foster care, the Adoption and Safe Families Act of 1997
eliminated the permanency goal of ``foster care on a permanent
or long term basis'' for children in foster care. Instead,
States were required to ensure children in foster care returned
home, were adopted, or were placed with a relative. If none of
these placements was possible, the State could indicate that
the child was being placed in ``Another Planned Permanent
Living Arrangement'' or ``APPLA,'' which is a catchall category
meant for youth for whom another arrangement was justified.
However, in recent years there has been increasing concern that
APPLA has simply become the new name for long-term foster care,
undermining the 1997 reforms as well as rejecting a growing
body of research indicating that long-term foster care is
detrimental to the health and wellbeing of children.
As a result, the legislation makes several changes
involving APPLA. For children under age 16, States can no
longer designate the child as having a case goal of APPLA; this
means that the case goal for all children in foster care under
age 16 must be returning home or being placed with an adoptive
parent, guardian, or relative. For children age 16 and older
(who may continue to have APPLA as a goal), States must
document their ongoing efforts to place such children in a
permanent home and explain why other options are not in the
best interests of the child. In each case, the goal is to
support the use of foster care as only a temporary placement
until a more permanent placement for the child can be arranged.
SECTION 203. EMPOWERING FOSTER YOUTH AGE 14 AND OLDER IN THE
DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A
SUCCESSFUL ADULTHOOD
Present Law
States are required to develop a ``case plan'' for each
child in foster care (Sec. 422(b)(8) and Sec. 471(a)(16)). This
is defined as a written document, that--among other things--
includes a plan to assure that the child receives safe and
proper care, and that services are provided to the child along
with his or her parents and foster parents in order to improve
the conditions in the parents' home (so that the child may
return home) or to permit the child to exit care to another
permanent family. The plan must also describe the safety and
appropriateness of the child's foster family home or other
foster care living situation and discuss the appropriateness of
services provided to the child in foster care. Further, and
among other things, it must document efforts to ensure the
child's educational stability and include the child's current
education and health records (Sec. 475(1)).
``As appropriate,'' the case plan for a child in foster
care at age 16 or older must include a written description of
the programs and services that will help the youth prepare for
``independent living'' (Sec. 475(1)(D)).
A State must have in place procedures to ensure that each
child in foster care has a permanency hearing within 12 months
of entering foster care, and every 12 months thereafter while
he or she remains in foster care. The permanency hearing must
be held in a court (or by a court-appointed administrative
body) and it must determine, or re-determine, the child's
permanency plan (i.e., reunification, adoption, legal
guardianship, placement with a fit or willing relative or
APPLA) (Sec. 471(a)(16); Sec. 475(5)(C)).
The State child welfare agency must ensure any child in
foster care at age 16 or older receives a copy of any credit
report pertaining to the child (each year while the child
remains in care). The agency must provide the report free of
charge and assist the youth in resolving any inaccuracies in
the report (Sec. 475(5)(I)).
The permanency hearing for any child in foster care at age
16 or older must determine the services necessary to help the
child transition from foster care to independent living (Sec.
475(5)(C)(i)).
At any permanency hearing for a child in foster care, or
any hearing involving the transition of a child from foster
care to ``independent living,'' the State must have procedures
to ensure that the court (or court-appointed administrative
body) consults with the child in an age-appropriate manner
(Sec. 475(5)(C)(iii)).
The State child welfare agency must meet to develop a case
plan for each child in foster care (Sec. 422(b)(8) and Sec.
471(a)(16)).
Explanation of Provision
For any child in foster care at age 14 or older, the
legislation requires consultation with the child in the
development of, or any revision to, his or her case plan. At
the option of the youth, this consultation may include up to
two members of the case planning team who are chosen by the
youth and who are not the youth's foster parent or caseworker.
A State is permitted to reject an individual selected by the
child to be a part of the case planning team, if the State has
good cause to believe that the individual would not act in the
best interests of the child. The legislation also adds that one
individual selected by the child to be a member of the case
planning team may be designated as the youth's advisor, and, as
necessary, may advocate for the child regarding application of
the reasonable and prudent parent standard.
The legislation requires that the case plan for each child
in care at age 14 or older must include a written description
of the programs and services to help him or her prepare for
``successful adulthood.'' It also amends Title IV-E generally
to refer to the transition of a child from foster care to
``successful adulthood'' instead of ``independent living.''
For any child in foster care at age 14 or older, this case
plan must include a document describing the child's rights with
respect to education, health, visitation, court participation,
and to staying safe and avoiding exploitation. The case plan
would further need to include a signed acknowledgement by the
child that he or she had been given a copy of the document
listing these rights and that they were explained to him or her
in an age-appropriate manner.
The legislation modifies the current requirement that the
State child welfare agency provide a credit report, along with
assistance in resolving any inaccuracies in the report, to any
child in foster care at age 16 or older to make it applicable
to children age 14 or older.
The legislation requires HHS to submit a report to
Congress, within two years of the enactment of this Act, that
includes an analysis of how States are administering the
requirements to provide a list of rights to children in foster
care at age 14 or older and to permit them to select up to two
members of their case planning and permanency planning teams,
along with a description of best practices of States with
respect to the administration of these requirements.
The requirements added by this section of the legislation--
related to consulting with children in care age 14 or older
with regard to case planning and permanency planning, working
to ensure a successful transition to adulthood for such
children, and providing them with a list of rights--are
generally effective one year after the date of enactment.
However, if HHS determines that a State must enact legislation
(other than appropriations) in order to meet these additional
Title IV-E plan requirements, then the State may have limited
additional time to come into compliance with the requirements.
Reason for Change
The legislation is designed to increase the control of
youth in foster care over their own lives.
One witness before the Subcommittee ably described the lack
of consultation with youth in her own case planning: ``Too
often young people in foster care have been entirely
disconnected from their previous lives, and are never even
asked, `What interests you?' or `What were you involved in
before foster care?' or `What would you like to do?' We must
give young people a voice and a say in their own lives if we
want them to flourish and explore their interests. Engaging
young people in their case planning--where decisions about
their life are made--is no different than a family sitting
around the kitchen table talking with their teenager about the
upcoming school year and planning what activities they want to
be involved in, what kind of part-time job they might get over
the summer, and other key decisions in the teenager's life.
States such as Iowa have implemented a youth decision-making
model that emphasizes relationships and places the youth at the
center of their planning, asking the young person about their
dreams and goals . . . Federally, policies, incentives, and
accountability measures could be further strengthened to ensure
that youth-led case planning is utilized from the early
teens.''\12\
---------------------------------------------------------------------------
\12\Committee on Ways and Means. Efforts to Prevent and Address
Child Sex Trafficking in Washington State. Testimony of Mandy Urwiler.
February 19, 2014. Found online at: http://waysandmeans.house.gov/
uploadedfiles/mandy_urwiler_testimony_hr021914.pdf
---------------------------------------------------------------------------
The goal of the Committee's legislation is to ensure that
young people--as well as adults they trust--are consulted in
their case planning. The intent is to both enhance the young
person's control over his or her case planning as a foster
youth, as well as over his or her life in general. It is hard
to underestimate the importance of that, and the consequences
when a sense of such control is lacking. As a former foster
youth who had been trafficked testified: ``It is also important
to point out here the ways in which the foster care system,
inadvertently, objectifies the presence of youth for monetary
purposes, and it also normalizes the idea to youth that other
people are supposed to control their lives and circumstances.
The foster care system, in its entirety, serves in the role of
the parent so it is never clear to the youth who exactly is in
control, or supposed to be in control . . . Due to the multiple
roles and persons in the foster care system, children and youth
become accustomed to others (most of whom are strangers to
them) dictating what will happen in their lives at home, in
school and socially . . . This is conducive to the parallel
process of traffickers/pimps/exploiters who seek to keep
control of a youth's life.''\13\
---------------------------------------------------------------------------
\13\Committee on Ways and Means. Preventing Sex Trafficking of
Youth in Foster Care. Testimony of Withelma ``T'' Ortiz Walker
Pettigrew, October 23, 2013. Found online at: http://
waysandmeans.house.gov/uploadedfiles/
t_ortiz_walker_pettigrew_testimony_hr102313.pdf
---------------------------------------------------------------------------
The Committee believes it is important both for youth to be
consulted in the development of their case plans, and that the
programs and services that may benefit them are spelled out
clearly.
As with the development of a case plan for the period while
a child is in foster care, permanency planning is a critical
concern, and one in which the Committee believes youth should
be more involved. Thus, the Committee legislation requires
State agencies to consult with older youth in the development
of, and any revisions to, their permanency plan. Older youth
should also know their rights while in foster care (and be able
to understand those rights) so that they can make informed
decisions regarding their futures.
TITLE III: IMPROVING DATA COLLECTION AND REPORTING ON CHILD SEX
TRAFFICKING
SECTION 301. INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER
CARE ANALYSIS AND REPORTING SYSTEM
Present Law
HHS was required to establish, by regulation, a data
collection system to provide for comprehensive national
information with respect to children in foster care and those
who are adopted, including their demographic status,
characteristics of their foster care stay, and assistance
received, among other things (Sec. 479(c)).
Pursuant to these requirements, HHS developed the Adoption
and Foster Care Analysis and Reporting System (AFCARS), which,
effective with FY1995, required States to submit individual
case-level data on children in foster care and children adopted
with child welfare agency involvement. Data must be reported
for each child using a set of uniform data elements that are
provided in regulations. The individual case level data are
aggregated by HHS to determine, among other things, demographic
characteristics of these children, their status in foster care
(e.g., length of stay in care, type of placement setting), and
the type of assistance they receive (45 C.F.R. 1355.40).
Explanation of Provision
The legislation requires HHS to revise the AFCARS
regulation to require States to report the annual number of
children in foster care who are identified as victims of sex
trafficking (as defined in the TVPA) and who were victimized
(1) before entering foster care, or (2) while in foster care.
The legislation also requires HHS, beginning in FY2016, to
submit an annual report to Congress that contains the aggregate
number of children in foster care who are identified as victims
of sex trafficking (as defined in the TVPA), along with other
information related to the identification of, and provision of
services to, children who are identified as victims of sex
trafficking before entering foster care or while in foster
care.
Reason for Change
One of the most difficult issues in addressing sex
trafficking of youth in foster care is determining the
magnitude of the problem, where it is occurring, and which
children are victims of this crime. The AFCARS system has been
key to increasing our understanding of children in foster care,
and data provided through this system has been used to inform
child welfare policy and practice changes at the Federal,
State, and local levels. By collecting data on victims of child
sex trafficking through the AFCARS system, the Committee will
be able to better understand the dynamics of this issue and
develop policies in the future to better protect children in
foster care.
SECTION 302. INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS
USING AFCARS DATA; CONSULTATION
Present Law
HHS must annually submit to Congress a report on the
performance of each State with regard to achieving specific
child welfare outcomes (e.g. ensuring placement stability for
children in foster care, finding children adoptive homes as
appropriate). Additionally, HHS must examine in this report the
reasons for variation in State performance and, when possible,
suggest how States could improve their performance. HHS must
also include in this annual report, State-by-State data on the
number of children in foster care who are visited by their
caseworkers on a monthly basis (Sec. 479A). This report is
known as Child Welfare Outcomes report.
HHS was required to develop the child welfare outcome
measures, which are now used for reporting data via the Child
Welfare Outcomes report, in consultation with State governors,
State legislatures, State and local public officials
administering child welfare programs, and child welfare
advocates (Section 479A). This consultation occurred in 1998.
States are required to regularly report certain data on
children in foster care to HHS via the Adoption and Foster Care
Analysis and Reporting System (AFCARS). Separately, via the
National Youth in Transition Database (NYTD) they must report
information on independent living services provided to youth in
foster care or those who aged out of foster care, as well as
certain outcomes for youth who age out of foster care (based on
data systems developed by HHS in response to Sec. 479(c) and
Section 477(f)).
Explanation of Provision
The legislation requires HHS to include in its annual Child
Welfare Outcomes report (beginning with data for FY2016) State-
by-State data on certain children in foster care who are placed
in a child care institution or any other setting that is not a
foster family home. This information about children in non-
foster family home settings must include:
The number of those children and their ages
(with separate accounting for the number and ages of
children with a permanency plan of another planned
permanent living arrangement);
The length of placement in that setting
(with separate accounting for children with a
permanency plan of another planned permanent living
arrangement);
The type of child care institutions where
children were placed (including, but not limited to,
group homes, residential treatment, shelters, or other
congregate care settings);
The number of children in foster care
residing in each such institution or non-foster family
home;
The number of clinically diagnosed special
needs (if any) of these children; and
The extent of any specialized education,
treatment, counseling, or other services provided in
the settings.
The legislation also requires HHS to include in this annual
report (beginning with data for FY2016) State-by-State data on
children in foster care who are pregnant or parenting.
In selecting other issues to be analyzed and included in
this report, HHS must: (1) consult with States and with
organizations interested in child welfare and take into account
requests from Members of Congress; and (2) use data available
to HHS, including data reported by States via AFCARS and NYTD.
Reason for Change
Evidence suggests that placing children in group homes may
be detrimental to their wellbeing in some cases.\14\ As the
Committee heard in a number of hearings, foster care group
homes may also be targeted by individuals looking for
vulnerable youth to exploit through sex trafficking. In
addition, group home settings deny children in foster care the
opportunity to experience a more normal childhood living in a
traditional family setting. This legislation requires HHS to
report information to Congress to better understand the type of
group homes used by States, the number of children in such
homes, and the length of time children spend in these homes.
This information will help inform future policy regarding the
appropriate role of such homes, and it will help the Committee
better understand what parameters might be appropriate for
limiting the use of group care other than in exceptional
circumstances.
---------------------------------------------------------------------------
\14\Harden, Brenda Jones. Safety and Stability for Foster Children:
A Developmental Perspective. Children, Families, and Foster Care.
Volume 14 Number 1, Winter 2004. Page 38. Found online at: http://
futureofchildren.org/publications/journals/article/index.xml?journalid=
40&articleid=133§ionid=874 and Ryan, Joseph P. et al. Juvenile
delinquency in child welfare: Investigating group home effects.
Children and Youth Services Review. Volume 30, Issue 9. September 2008.
Found online at: https://www.cwla.org/programs/juvenilejustice/
grouphomeeffects.pdf
---------------------------------------------------------------------------
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statements are made
concerning the votes of the Committee on Ways and Means in its
consideration of the bill, H.R. 4058.
The bill, H.R. 4058, the ``Preventing Sex Trafficking and
Improving Opportunities for Youth in Foster Care Act,'' was
ordered favorably reported, as amended, to the House of
Representatives by a roll call vote of 33 yeas to 0 nays (with
a quorum being present). The vote was as follows:
VOTES OF THE COMMITTEE
In compliance with the Rules of the House of
Representatives, the following statement is made concerning the
vote of the Committee on Ways and Means during the markup
consideration of H.R. 4058 ``Preventing Sex Trafficking and
Improving Opportunities for Youth in Foster Care Act.''
The bill, H.R. 4058, was ordered favorably reported as
amended by a roll call vote of 33 yeas to 0 nays (with a quorum
being present). The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Camp....................... X ........ ......... Mr. Levin........ ........ X .........
Mr. Johnson.................... X ........ ......... Mr. Rangel....... ........ X .........
Mr. Brady...................... X ........ ......... Mr. McDermott.... ........ X .........
Mr. Ryan....................... X ........ ......... Mr. Lewis........ ........ X .........
Mr. Nunes...................... X ........ ......... Mr. Neal......... ........ X .........
Mr. Tiberi..................... X ........ ......... Mr. Becerra...... ........ X .........
Mr. Reichert................... X ........ ......... Mr. Doggett...... ........ X .........
Mr. Boustany................... X ........ ......... Mr. Thompson..... ........ X .........
Mr. Roskam..................... X ........ ......... Mr. Larson....... ........ X .........
Mr. Gerlach.................... ........ ........ ......... Mr. Blumenauer... ........ X .........
Mr. Price...................... X ........ ......... Mr. Kind......... ........ ........ .........
Mr. Buchanan................... X ........ ......... Mr. Pascrell..... ........ ........ .........
Mr. Smith...................... X ........ ......... Mr. Crowley...... ........ X .........
Mr. Schock..................... X ........ ......... Ms. Schwartz..... ........ ........ .........
Ms. Jenkins.................... X ........ ......... Mr. Davis........ ........ X .........
Mr. Paulsen.................... X ........ ......... Ms. Sanchez...... ........ X .........
Mr. Marchant................... X ........ .........
Ms. Black...................... X ........ .........
Mr. Reed....................... X ........ .........
Mr. Young...................... X ........ .........
Mr. Kelly...................... X ........ .........
Mr. Griffin.................... ........ ........ .........
Mr. Renacci.................... X ........ .........
----------------------------------------------------------------------------------------------------------------
VOTES ON AMENDMENTS
Representative Lloyd Doggett (D-TX) offered an amendment
that would restore a provision from the bill as introduced that
would ensure children who are discharged from foster care are
provided certain documents, including a birth certificate. The
amendment was later withdrawn, and no vote was taken.
IV. BUDGET EFFECTS OF THE BILL
A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the revenue provisions
of the bill, H.R. 4058 as reported: The Committee agrees with
the estimates prepared by the Congressional Budget Office
(CBO), which are included below.
STATEMENT REGARDING NEW BUDGET AUTHORITY AND TAX EXPENDITURES BUDGET
AUTHORITY
The bill as reported is in compliance with clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives.
Further, the bill involves no new or increased tax
expenditures.
B. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 2, 2014.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4058, the
Preventing Sex Trafficking and Improving Opportunities for
Youth in Foster Care.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David
Rafferty.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4058--Preventing Sex Trafficking and Improving Opportunities for
Youth in Foster Care Act
Summary: H.R. 4058 would make several changes to the Title
IV-E foster care program within the Department of Health and
Human Services (HHS), including imposing new placement and
reporting rules.
CBO estimates that enacting the bill would increase direct
spending by $3 million over the 2014-2024 period; therefore,
pay-as-you-go procedures apply to the bill. Enacting H.R. 4058
would not affect revenues. Implementing the bill would not
affect spending subject to appropriation.
H.R. 4058 would impose intergovernmental mandates, as
defined in the Unfunded Mandates Reform Act (UMRA), on state
governments by increasing the stringency of conditions in their
implementation of the foster care program. CBO estimates,
however, that the cost of the mandates would not exceed the
threshold established in UMRA for intergovernmental mandates
($76 million in 2014, adjusted annually for inflation).
The bill contains no private-sector mandates as defined in
UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4058 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority................ 0 1 1 1 0 0 0 0 0 0 0 3 3
Estimated Outlays......................... 0 1 1 1 0 0 0 0 0 0 0 3 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2014.
Data collection and reporting requirements
Sections 102 and 301 would require states to collect and
include in their child-welfare information systems certain data
about trafficking victims. Based on information from state
child-welfare and information-technology agencies and from HHS
about likely up-front programming and implementation costs and
federal reimbursement rates, CBO estimates that enacting those
two provisions would increase direct spending by $3 million
over the 2015-2017 period.
Planned permanent living arrangements for youth in foster care
Several provisions in section 202 would make changes to
Title IV-E of the Social Security Act to encourage or require
states to seek reunification with parents, adoption, or
placement with a legal guardian as the planned permanent living
arrangement for youth in foster care age 14 or older.
Consequently, some youth could be placed in a living
arrangement with a higher cost to the federal government (such
as remaining in federally reimbursed foster care instead of
being emancipated from foster care), while others could be
placed in a lower-cost setting (such as a kinship guardianship
instead of foster care). Based on information from several
states and HHS, CBO estimates that the effects of those
provisions in section 202 would roughly offset each other and
thus would not have a significant net effect on direct
spending.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4058 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON WAYS AND MEANS ON APRIL 29, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 1 1 1 0 0 0 0 0 0 0 3 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and Private-Sector Impact: For large
entitlement grant programs like foster care, UMRA defines an
increase in the stringency of conditions as an
intergovernmental mandate if the affected governments lack
authority to offset those costs while continuing to provide
required services. The bill would require states to ensure that
foster care providers comply with new standards that establish
reasonable and prudent parenting practices, and it would
require states to collect and report additional information to
federal authorities.
Since these requirements would be additional conditions for
receiving federal assistance from a large entitlement program
and since states have limited flexibility to amend their
responsibilities under the foster care program to offset the
additional costs, the requirements would be intergovernmental
mandates. Information gathered by CBO indicates either that
states already comply with similar requirements or that the
costs of additional requirements would be small. Consequently,
CBO estimates the costs of the mandates would not exceed the
intergovernmental threshold established in UMRA ($76 million in
2014, adjusted annually for inflation).
H.R. 4058 contains no private-sector mandates as defined in
UMRA.
Previous CBO Estimate: On January 27, 2013, CBO transmitted
a cost estimate for S. 1870, the Supporting At-Risk Children
Act, as reported by the Senate Committee on Finance on December
19, 2013. That bill included a second provision, not contained
in H.R. 4058, regarding data collection and reporting
requirements. CBO estimated the cost of the data collection and
reporting requirements in S. 1870 would be $5 million over the
2014-2024 period. S. 1870 also included several other
provisions that are not included in H.R. 4058 that would affect
direct spending.
Estimate Prepared by: Federal costs: David Rafferty; Impact
on state, local, and tribal governments: J'nell L. Blanco;
Impact on the private sector: Chung Kim.
Estimate Approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE OF
REPRESENTATIVES
A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives (relating to oversight findings),
the Committee concluded that it was appropriate and timely to
enact the sections included in the bill, as reported.
As noted above, recent reports indicate that victims of
child sex trafficking often have connections to the foster care
system. As such, the Committee believes State child welfare
agencies can do more to identify instances of sex trafficking
and that they can also take steps to prevent it from happening.
Two hearings held by the Ways and Means Human Resources
Subcommittee have provided the Committee with information on
how sex trafficking might be prevented and addressed in the
child welfare system, and the Committee believes this
legislation can both help States better track incidents of sex
trafficking as well as develop plans to keep additional
children from becoming victims.
In addition, as members of the Human Resources Subcommittee
learned in a hearing on May 9, 2013, some foster care policies
make it difficult for youth in foster care to participate in
activities that help them connect with their families, friends,
and others in their communities. Both California and Florida
have taken steps to empower youth in foster care so they can
participate in age-appropriate activities and experience a more
normal childhood. The Committee believes requiring States to
develop a policy entrusting foster parents with more day-to-day
decision-making authority will help youth in foster care better
prepare for adulthood and reduce their vulnerability to sex
trafficking and other negative outcomes.
B. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill contains no measure that authorizes new funding compared
with current law. However, according to the Congressional
Budget Office, H.R. 4058 increases foster care baseline
spending by $3 million over 10 years. This increase in spending
is estimated to occur as States implement new information
technology and other procedures for collecting and reporting
data on victims of sex trafficking. The purpose of this
spending is to gain a better understanding of the number and
nature of youth victimized by sex trafficking, specifically by
implementing sections 102 and 301 of the bill, which require
States to collect and report certain information about victims
of sex trafficking.
C. DUPLICATION OF FEDERAL PROGRAMS
No provision of the legislation establishes or reauthorizes
a program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
D. DISCLOSURE OF DIRECTED RULE MAKINGS
H.R. 4058 directs to be completed one rule within the
meaning of 5 U.S.C. 551. Specifically, the legislation directs
HHS to promulgate regulations to implement the amendments made
by section 102 of the bill requiring States to take certain
actions regarding youth who are victims of sex trafficking.
E. INFORMATION RELATING TO UNFUNDED MANDATES
This information is provided in accordance with section 423
of the Unfunded Mandates Act of 1995 (Pub. L. No. 104-4).
The bill does not impose a Federal mandate on the private
sector. The bill would impose intergovernmental mandates on
State governments by increasing the stringency of conditions in
their implementation of the foster care program. CBO estimates,
however, that the cost of the mandates would not exceed the
threshold established in UMRA for intergovernmental mandates
($76 million in 2014, adjusted annually for inflation).
F. APPLICABILITY OF HOUSE RULE XXI 5(B)
Clause 5(b) of rule XXI of the Rules of the House of
Representatives provides, in part, that ``A bill or joint
resolution, amendment, or conference report carrying a Federal
income tax rate increase may not be considered as passed or
agreed to unless so determined by a vote of not less than
three-fifths of the Members voting, a quorum being present.''
The Committee has carefully reviewed the sections of the bill,
and states that the bill does not involve any Federal income
tax rate increases within the meaning of the rule.
G. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
PART B--CHILD AND FAMILY SERVICES
Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program
* * * * * * *
STATE PLANS FOR CHILD WELFARE SERVICES
Sec. 422. (a) * * *
(b) Each plan for child welfare services under this subpart
shall--
(1) * * *
* * * * * * *
(8) provide assurances that the State--
(A) is operating, to the satisfaction of the
Secretary--
(i) * * *
(ii) a case review system (as defined
in section 475(5) and in accordance
with the requirements of section 475A)
for each child receiving foster care
under the supervision of the State;
(iii) a service program designed to
help children--
(I) * * *
(II) be placed for adoption,
with a legal guardian, or if
adoption or legal guardianship
is determined not to be
appropriate for a child, in
some other planned, permanent
living arrangement, subject to
the requirements of sections
475(5)(C) and 475A(a), which
may include a residential
educational program; and
* * * * * * *
Part E--Federal Payments for Foster Care and Adoption Assistance
* * * * * * *
STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE
Sec. 471. (a) In order for a State to be eligible for
payments under this part, it shall have a plan approved by the
Secretary which--
(1) * * *
* * * * * * *
(9) provides that the State agency will--
(A) report to an appropriate agency or
official, known or suspected instances of
physical or mental injury, sexual abuse or
exploitation, or negligent treatment or
maltreatment of a child receiving aid under
part B or this part under circumstances which
indicate that the child's health or welfare is
threatened thereby; [and]
(B) provide such information with respect to
a situation described in subparagraph (A) as
the State agency may have; and
(C) not later than--
(i) 1 year after the date of the
enactment of this subparagraph,
demonstrate to the Secretary that the
State agency has developed, in
consultation with organizations with
experience in dealing with at-risk
youth, policies and procedures for
identifying and screening (including
relevant training for caseworkers), and
for determining appropriate State
action and services with respect to--
(I) any child over whom the
State agency has responsibility
for placement, care, or
supervision (including children
for whom a State child welfare
agency has an open case file
but who have not been removed
from the home and youth who are
not in foster care but are
receiving services under
section 477 of this Act) who
the State has reasonable cause
to believe--
(aa) is a victim of
sex trafficking (as
defined in section
103(10) of the
Trafficking Victims
Protection Act of 2000
(22 U.S.C. 7102(10)))
or a severe form of
trafficking in persons
described in section
103(9)(A) of such Act
(22 U.S.C. 7102(9)(A));
or
(bb) is at risk of
being a victim of
either kind of
trafficking; and
(II) at the option of the
State, any individual, without
regard to whether the
individual is or was in foster
care under the responsibility
of the State, who has not
attained 26 years of age; and
(ii) 2 years after such date of
enactment, demonstrate to the Secretary
that the State agency is implementing,
in consultation with the child
protective services agency or unit for
the State, the policies and procedures
referred to in clause (i).
[(10) provides for the establishment or designation
of a State authority or authorities which shall be
responsible for establishing and maintaining standards
for foster family homes and child care institutions
which are reasonably in accord with recommended
standards of national organizations concerned with
standards for such institutions or homes, including
standards related to admission policies, safety,
sanitation, and protection of civil rights, provides
that the standards so established shall be applied by
the State to any foster family home or child care
institution receiving funds under this part or part B
of this title, and provides that a waiver of any such
standard may be made only on a case-by-case basis for
non-safety standards (as determined by the State) in
relative foster family homes for specific children in
care;]
(10) provides--
(A) for the establishment or designation of a
State authority or authorities that shall be
responsible for establishing and maintaining
standards for foster family homes and child
care institutions which are reasonably in
accord with recommended standards of national
organizations concerned with standards for the
institutions or homes, including standards
related to admission policies, safety,
sanitation, and protection of civil rights, and
which shall permit use of the reasonable and
prudent parenting standard;
(B) that the standards established pursuant
to subparagraph (A) shall be applied by the
State to any foster family home or child care
institution receiving funds under this part or
part B and shall require, as a condition of any
contract entered into by the State agency and a
child care institution, the presence on-site of
at least 1 official who, with respect to any
child placed at the child care institution, is
designated to be the caregiver who is
authorized to apply the reasonable and prudent
parent standard to decisions involving the
participation of the child in age or
developmentally-appropriate activities, and who
is provided with training in how to use and
apply the reasonable and prudent parent
standard in the same manner as prospective
foster parents are provided the training
pursuant to paragraph (24);
(C) that the standards established pursuant
to subparagraph (A) shall include policies
related to the liability of foster parents and
private entities under contract by the State
involving the application of the reasonable and
prudent parent standard, to ensure appropriate
liability for caregivers when a child
participates in an approved activity and the
caregiver approving the activity acts in
accordance with the reasonable and prudent
parent standard; and
(D) that a waiver of any standards
established pursuant to subparagraph (A) may be
made only on a case-by-case basis for nonsafety
standards (as determined by the State) in
relative foster family homes for specific
children in care;
* * * * * * *
(16) provides for the development of a case plan (as
defined in section 475(1) and in accordance with the
requirements of section 475A) for each child receiving
foster care maintenance payments under the State plan
and provides for a case review system which meets the
requirements described in [section 475(5)(B)] sections
475(5) and 475A with respect to each such child;
* * * * * * *
(24) [include] includes a certification that, before
a child in foster care under the responsibility of the
State is placed with prospective foster parents, the
prospective foster parents will be prepared adequately
with the appropriate knowledge and skills to provide
for the needs of the child, [and that such preparation]
that the preparation will be continued, as necessary,
after the placement of the child, and that the
preparation shall include knowledge and skills relating
to the reasonable and prudent parent standard for the
participation of the child in age or developmentally-
appropriate activities, including knowledge and skills
relating to the developmental stages of the cognitive,
emotional, physical, and behavioral capacities of a
child, and knowledge and skills relating to applying
the standard to decisions such as whether to allow the
child to engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities;
* * * * * * *
(32) provides that the State will negotiate in good
faith with any Indian tribe, tribal organization or
tribal consortium in the State that requests to develop
an agreement with the State to administer all or part
of the program under this part on behalf of Indian
children who are under the authority of the tribe,
organization, or consortium, including foster care
maintenance payments on behalf of children who are
placed in State or tribally licensed foster family
homes, adoption assistance payments, and, if the State
has elected to provide such payments, kinship
guardianship assistance payments under section 473(d),
and tribal access to resources for administration,
training, and data collection under this part; [and]
(33) provides that the State will inform any
individual who is adopting, or whom the State is made
aware is considering adopting, a child who is in foster
care under the responsibility of the State of the
potential eligibility of the individual for a Federal
tax credit under section 23 of the Internal Revenue
Code of 1986[.];
(34) provides that, for each child over whom the
State agency has responsibility for placement, care, or
supervision (including any child for whom a State child
welfare agency has an open case file but who has not
been removed from the home, and any youth who is not in
foster care but is receiving services under section
477), the State agency shall--
(A) not later than 2 years after the date of
the enactment of this paragraph, identify and
document appropriately in agency records each
child who is identified as being a victim of
sex trafficking (as defined in section 103(10)
of the Trafficking Victims Protection Act of
2000) or as being a victim of severe forms of
trafficking in persons described in section
103(9)(A) of such Act, as such a victim; and
(B) report immediately, and in no case later
than 24 hours after receiving--
(i) information on children who have
been identified as being victims of sex
trafficking (as defined in subparagraph
(A) of this paragraph) to the law
enforcement authorities; and
(ii) information on missing or
abducted children to the law
enforcement authorities for entry into
the National Crime Information Center
(NCIC) database of the Federal Bureau
of Investigation, established pursuant
to section 534 of title 28, United
States Code, and to the National Center
for Missing and Exploited Children;
(35) not later than 2 years after the date of the
enactment of this paragraph, contains a regularly
updated description, made available to the public on
the Internet website of the State agency, of the
specific measures taken by the State agency to protect
and provide services to children who are victims of sex
trafficking (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000), or victims
of severe forms of trafficking in persons described in
section 103(9)(A) of such Act, including efforts to
coordinate with State and local law enforcement,
schools, juvenile justice agencies, and social service
agencies such as runaway and homeless youth shelters
and transitional and other supportive housing providers
to serve that population; and
(36) provides that, not later than 1 year after the
date of the enactment of this paragraph, the State
shall develop and implement specific protocols for--
(A) expeditiously locating any child missing
from foster care;
(B) determining the primary factors that
contributed to the child's running away or
otherwise being absent from care, and to the
extent possible and appropriate, responding to
those factors in current and subsequent
placements;
(C) determining the child's experiences while
absent from care, including screening the child
to determine if he or she is a possible victim
of sex trafficking (as defined in paragraph
(9)(C)); and
(D) reporting such related information as
required by the Secretary.
* * * * * * *
DEFINITIONS
Sec. 475. As used in this part or part B of this title:
(1) The term ``case plan'' means a written document
which meets the requirements of section 475A and
includes at least the following:
(A) * * *
(B) A plan for assuring that the child
receives safe and proper care and that services
are provided to the parents, child, and foster
parents in order to improve the conditions in
the parents' home, facilitate return of the
child to his own safe home or the permanent
placement of the child, and address the needs
of the child while in foster care, including a
discussion of the appropriateness of the
services that have been provided to the child
under the plan. With respect to a child who has
attained 14 years of age, the plan developed
for the child in accordance with this
paragraph, and any revision or addition to the
plan, shall be developed in consultation with
the child and, at the option of the child, with
up to 2 members of the case planning team who
are chosen by the child and who are not a
foster parent of, or caseworker for, the child.
A State may reject an individual selected by a
child to be a member of the case planning team
at any time if the State has good cause to
believe that the individual would not act in
the best interests of the child. One individual
selected by a child to be a member of the
child's case planning team may be designated to
be the child's advisor and, as necessary,
advocate, with respect to the application of
the reasonable and prudent parent standard to
the child.
* * * * * * *
(D) [Where appropriate, for a child age 16]
For a child who has attained 14 years of age or
over, a written description of the programs and
services which will help such child prepare for
the transition from foster care to [independent
living] a successful adulthood.
* * * * * * *
(5) The term ``case review system'' means a procedure
for assuring that--
(A) * * *
* * * * * * *
(C) with respect to each such child, (i)
procedural safeguards will be applied, among
other things, to assure each child in foster
care under the supervision of the State of a
permanency hearing to be held, in a family or
juvenile court or another court (including a
tribal court) of competent jurisdiction, or by
an administrative body appointed or approved by
the court, no later than 12 months after the
date the child is considered to have entered
foster care (as determined under subparagraph
(F)) (and not less frequently than every 12
months thereafter during the continuation of
foster care), which hearing shall determine the
permanency plan for the child that includes
whether, and if applicable when, the child will
be returned to the parent, placed for adoption
and the State will file a petition for
termination of parental rights, or referred for
legal guardianship, or only in the case of a
child who has attained 16 years of age (in
cases where the State agency has documented to
the State court a compelling reason for
determining, as of the date of the hearing,
that it would not be in the best interests of
the child to return home, be referred for
termination of parental rights, or be placed
for adoption, with a fit and willing relative,
or with a legal guardian) placed in another
planned permanent living arrangement, subject
to section 475A(a), in the case of a child who
will not be returned to the parent, the hearing
shall consider in-State and out-of-State
placement options, and, in the case of a child
described in subparagraph (A)(ii), the hearing
shall determine whether the out-of-State
placement continues to be appropriate and in
the best interests of the child, and, in the
case of a child who has attained age 16, the
services needed to assist the child to make the
transition from foster care to [independent
living] a successful adulthood; (ii) procedural
safeguards shall be applied with respect to
parental rights pertaining to the removal of
the child from the home of his parents, to a
change in the child's placement, and to any
determination affecting visitation privileges
of parents; [and] (iii) procedural safeguards
shall be applied to assure that in any
permanency hearing held with respect to the
child, including any hearing regarding the
transition of the child from foster care to
[independent living] a successful adulthood,
the court or administrative body conducting the
hearing consults, in an age-appropriate manner,
with the child regarding the proposed
permanency or transition plan for the child;
and (iv) if a child has attained 14 years of
age, the permanency plan developed for the
child, and any revision or addition to the
plan, shall be developed in consultation with
the child and, at the option of the child, with
not more than 2 members of the permanency
planning team who are selected by the child and
who are not a foster parent of, or caseworker
for, the child, except that the State may
reject an individual so selected by the child
if the State has good cause to believe that the
individual would not act in the best interests
of the child, and 1 individual so selected by
the child may be designated to be the child's
advisor and, as necessary, advocate, with
respect to the application of the reasonable
and prudent standard to the child;
* * * * * * *
(I) each child in foster care under the
responsibility of the State who has attained
[16] 14 years of age receives without cost 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 receives
assistance (including, when feasible, from any
court-appointed advocate for the child) in
interpreting and resolving any inaccuracies in
the report.
* * * * * * *
(9)(A) The term ``reasonable and prudent parent
standard'' means the standard characterized by careful
and sensible parental decisions that maintain the
health, safety, and best interests of a child while at
the same time encouraging the emotional and
developmental growth of the child, that a caregiver
shall use when determining whether to allow a child in
foster care under the responsibility of the State to
participate in extracurricular, enrichment, cultural,
and social activities.
(B) For purposes of subparagraph (A), the term
``caregiver'' means a foster parent with whom a child
in foster care has been placed or a designated official
for a child care institution in which a child in foster
care has been placed.
(10) The term ``age or developmentally-appropriate''
means--
(A) activities or items that are generally
accepted as suitable for children of the same
chronological age or level of maturity or that
are determined to be developmentally-
appropriate for a child, based on the
development of cognitive, emotional, physical,
and behavioral capacities that are typical for
an age or age group; and
(B) in the case of a specific child,
activities or items that are suitable for the
child based on the developmental stages
attained by the child with respect to the
cognitive, emotional, physical, and behavioral
capacities of the child.
SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
(a) Requirements for Another Planned Permanent Living
Arrangement.--In the case of any child for whom another planned
permanent living arrangement is the permanency plan for the
child, the following requirements shall apply for purposes of
approving the case plan for the child and the case system
review procedure for the child:
(1) Documentation of intensive, ongoing, unsuccessful
efforts for family placement.--At each permanency
hearing held with respect to the child, the State
agency documents the intensive, ongoing, and, as of the
date of the hearing, unsuccessful efforts made by the
State agency to return the child home or secure a
placement for the child with a fit and willing relative
(including adult siblings), a legal guardian, or an
adoptive parent, including through efforts that utilize
search technology (including social media) to find
biological family members for children in the child
welfare system.
(2) Redetermination of appropriateness of placement
at each permanency hearing.--The State agency shall
implement procedures to ensure that, at each permanency
hearing held with respect to the child, the court or
administrative body appointed or approved by the court
conducting the hearing on the permanency plan for the
child does the following:
(A) Ask the child about the desired
permanency outcome for the child.
(B) Make a judicial determination explaining
why, as of the date of the hearing, another
planned permanent living arrangement is the
best permanency plan for the child and provide
compelling reasons why it continues to not be
in the best interests of the child to--
(i) return home;
(ii) be placed for adoption;
(iii) be placed with a legal
guardian; or
(iv) be placed with a fit and willing
relative.
(3) Demonstration of support for engaging in age or
developmentally-appropriate activities and social
events.--At each permanency hearing held with respect
to the child, the State agency shall document the steps
the State agency is taking to ensure the child's foster
family home or child care institution is following the
reasonable and prudent parent standard.
(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 a document that describes the rights
of the child with respect to education, health, visitation, and
court participation, and to staying safe and avoiding
exploitation, and a signed acknowledgment by the child that the
child has been provided with a copy of the document and that
the rights contained in the document have been explained to the
child in an age-appropriate way.
* * * * * * *
COLLECTION OF DATA RELATING TO ADOPTION AND FOSTER CARE
Sec. 479. (a) * * *
* * * * * * *
(c) Any data collection system developed and implemented
under this section shall--
(1) * * *
* * * * * * *
(3) provide comprehensive national information with
respect to--
(A) * * *
* * * * * * *
(C) the number and characteristics of--
(i) * * *
* * * * * * *
(iii) children placed in foster care
outside the State which has placement
and care responsibility, [and]
* * * * * * *
(E) the annual number of children in foster
care who are identified as victims of sex
trafficking (as defined in section 103(10) of
the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(10))) or a severe form of
trafficking in persons described in section
103(9)(A) of such Act--
(i) who were such victims before
entering foster care; and
(ii) who were such victims while in
foster care; and
* * * * * * *
SEC. 479A. ANNUAL REPORT.
[The Secretary] (a) In General.--The Secretary, in
consultation with Governors, State legislatures, State and
local public officials responsible for administering child
welfare programs, and child welfare advocates, shall--
(1) * * *
* * * * * * *
(5) on May 1, 1999, and annually thereafter, prepare
and submit to the Congress a report on the performance
of each State on each outcome measure, which shall
examine the reasons for high performance and low
performance and, where possible, make recommendations
as to how State performance could be improved; [and]
(6) include in the report submitted pursuant to
paragraph (5) for fiscal year 2007 or any succeeding
fiscal year, State-by-State data on--
(A) * * *
* * * * * * *
(C) the percentage of the visits that
occurred in the residence of the child[.];
(7) include in the report submitted pursuant to
paragraph (5) for fiscal year 2016 or any succeeding
fiscal year, State-by-State data on children in foster
care who have been placed in a child care institution
or other setting that is not a foster family home,
including--
(A) the number of children in the placements
and their ages, including separately, the
number and ages of children who have a
permanency plan of another planned permanent
living arrangement;
(B) the duration of the placement in the
settings (including for children who have a
permanency plan of another planned permanent
living arrangement);
(C) the types of child care institutions used
(including group homes, residential treatment,
shelters, or other congregate care settings);
(D) with respect to each child care
institution or other setting that is not a
foster family home, the number of children in
foster care residing in each such institution
or non-foster family home;
(E) any clinically diagnosed special need of
such children; and
(F) the extent of any specialized education,
treatment, counseling, or other services
provided in the settings; and
(8) include in the report submitted pursuant to
paragraph (5) for fiscal year 2016 or any succeeding
fiscal year, State-by-State data on children in foster
care who are pregnant or parenting.
(b) Consultation on Other Issues.--The Secretary shall
consult with States and organizations with an interest in child
welfare, including organizations that provide adoption and
foster care services, and shall take into account requests from
Members of Congress, in selecting other issues to be analyzed
and reported on under this section using data available to the
Secretary, including data reported by States through the
Adoption and Foster Care Analysis and Reporting System and to
the National Youth in Transition Database.
* * * * * * *