110th CONGRESS
1st Session
S. 661
To establish kinship navigator programs, to establish kinship guardianship
assistance payments for children, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 16, 2007
Mr. REID (for Mrs. CLINTON (for herself, Ms. SNOWE, and Mr. COCHRAN)) introduced
the following bill; which was read twice and referred to the Committee on
Finance
A BILL
To establish kinship navigator programs, to establish kinship guardianship
assistance payments for children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Kinship Caregiver Support Act'.
TITLE I--KINSHIP NAVIGATOR PROGRAM
SEC. 101. FINDINGS.
Congress finds the following:
(1) The 2000 decennial census states that--
(A) more that 4,500,000 children in the United States are living in
grandparent-headed households, a 30 percent increase from 1990 to 2000;
and
(B) an additional 1,500,000 children in the United States are living
in households headed by other relatives.
(2) In the 2000 decennial census, over 2,400,000 grandparents reported
that they were primarily responsible for meeting the basic needs of their
grandchildren, and parents were not present in about 1/3 of the families
involved.
(3) According to the 2000 decennial census, almost 1/5 of grandparents
responsible for their grandchildren live in poverty.
(4) Kinship caregivers (as defined in section 103) often face a variety
of unnecessary barriers, including difficulties enrolling children in
school, authorizing medical treatment, maintaining public housing leases,
obtaining affordable legal services, obtaining custody of children or
otherwise achieving permanency for children in their care, and accessing
a variety of Federal benefits and services.
(5) Kinship caregivers can help to keep children from entering the foster
care system, and provide safe and permanent homes, but need services and
supports to do so. They need better access to health insurance, respite
care, child care, special education, housing, and other benefits.
(6) Surveys and research on the needs of kinship caregivers report that
one of their greatest challenges in raising children is getting accurate
information about--
(A) the benefits and services that are available to their families,
such as health and mental health care, assistance provided under the
program of block grants to States for temporary assistance for needy
families established under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), kinship or foster care, kinship assistance
and adoption assistance, child care and early education, special education,
and other services for children with disabilities; and
(B) the legal authority, responsibilities, and rights of kinship caregivers.
(7) Funding for kinship navigator programs can--
(A) help kinship care families better use existing programs and services;
and
(B) increase the capacity of public and private not-for-profit agencies,
including community-based and faith-based agencies, and including agencies
carrying out related Federal programs, such as the National Family Caregiver
Support Program under part E of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030s et seq.), to better serve the needs of kinship
care families.
SEC. 102. PURPOSE.
The purposes of this Act are--
(1) to establish kinship navigator programs in States, large metropolitan
areas, and tribal areas to assist kinship caregivers in navigating their
way through programs and services, to help the caregivers learn about
and obtain assistance to meet the needs of the children they are raising
and their own needs; and
(2) to promote effective partnerships among public and private not-for-profit
agencies, including community-based and faith-based agencies, to help
the agencies described in this paragraph more effectively and efficiently
serve kinship care families and address the fragmentation that creates
barriers to meeting the needs of those families.
SEC. 103. DEFINITIONS.
(1) ASSISTANT SECRETARY- The term `Assistant Secretary' means the Assistant
Secretary for Children and Families of the Department of Health and Human
Services.
(2) KINSHIP CARE FAMILY- The term `kinship care family' means a family
with a kinship caregiver.
(3) KINSHIP CAREGIVER- The term `kinship caregiver' means a grandparent
or stepgrandparent of a child, or a relative of a child by blood, marriage,
or adoption, who--
(A) lives with the child;
(B) is the primary caregiver of the child because the biological or
adoptive parent of the child is unable or unwilling to serve as the
primary caregiver of the child; and
(C) has a legal relationship to the child or is raising the child informally.
(4) LARGE METROPOLITAN AREA- The term `large metropolitan area' means
a metropolitan statistical area, as defined by the Bureau of the Census,
with a population of not less than 1,000,000.
(5) METROPOLITAN AGENCY- The term `metropolitan agency' means an agency
serving a large metropolitan area, or a county or political subdivision
of a large metropolitan area.
(6) STATE- The term `State' means any of the several States, the District
of Columbia, the Virgin Islands of the United States, the Commonwealth
of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(7) TRIBAL AREA- The term `tribal area' means the area served by a tribal
organization.
(8) TRIBAL ORGANIZATION- The term `tribal organization'--
(A) means a tribal organization, as defined in section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n); and
(B) includes a consortium of tribal organizations described in subparagraph
(A).
SEC. 104. GRANTS.
(a) In General- The Assistant Secretary may make grants to eligible entities
to pay for the Federal share of the cost of carrying out kinship navigator
programs.
(b) Eligible Entities- To be eligible to receive a grant under this section,
an entity shall be a State agency, metropolitan agency, or tribal organization,
with experience in--
(1) addressing the needs of kinship caregivers or children; and
(2) connecting the children or caregivers with appropriate services and
assistance, such as services and assistance provided by--
(A) an area agency on aging under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.); or
(B) an agency with jurisdiction over child welfare, income-based financial
assistance, human services, or health matters, or a public entity that
links family resource and support programs, for the State, large metropolitan
area, or Indian tribe involved.
(c) Allocation of Grants- Of the funds made available for grants under this
section for each fiscal year, the Assistant Secretary shall use not less
than 50 percent to make grants to State agencies.
(d) Duration of the Grants- In making the grants, the Assistant Secretary
shall make grants--
(1) in fiscal year 2008, for periods of 3 years;
(2) in fiscal year 2009, for periods of 2 years; and
(3) in fiscal year 2010, for periods of 1 year.
SEC. 105. FEDERAL SHARE.
(a) In General- The Federal share of the cost of carrying out a kinship
navigator program under a grant shall be--
(1) 100 percent in the first year of the grant period;
(2) 75 percent in the second year (if any) of the grant period; and
(3) 50 percent in the third year (if any) of the grant period.
(b) Non-Federal Share- The non-Federal share of the cost may be provided
in cash. Not more than 50 percent of the non-Federal share of the cost may
be provided in kind, fairly evaluated, including plant, equipment, or services.
SEC. 106. APPLICATIONS.
(a) In General- To be eligible to receive a grant under this title, an entity
shall submit an application to the Assistant Secretary at such time, in
such manner, and containing such information as the Assistant Secretary
may require, including, at a minimum, the information described in subsection
(b).
(b) Contents- The application shall include the following:
(1) A description of the steps the entity will take during the first 6
months of the grant period to--
(A) identify gaps in services for kinship care families in the State,
large metropolitan area, or tribal area to be served and the specific
activities that are needed to bridge the gaps;
(B) convene a group of partners to assist in the operation of the kinship
navigator program funded through the grant;
(C) utilize or develop relevant technology;
(D) conduct outreach to kinship caregivers about the kinship navigator
program; and
(E) develop a plan for reaching kinship caregivers, ensuring that the
caregivers can access the kinship navigator program, and following up
to ensure that the caregivers actually receive necessary services and
supports.
(2) An assurance that the entity will provide at least the core activities
specified in paragraphs (1) and (2) of section 107(b) for kinship care
families through the kinship navigator program.
(3) A description of the activities the entity expects to offer over the
grant period and the entity's initial projection of the number of children
and kinship caregivers likely to be served.
(4) A description of how the entity will involve in the planning and operation
of the kinship navigator program, on an ongoing basis--
(B) youth raised or being raised by kinship caregivers;
(C) representatives of kinship care support organizations;
(D) relevant government agencies (including agencies with jurisdiction
over matters relating to aging, mental health, mental retardation or
developmental disabilities, substance abuse treatment, criminal justice,
health, youth services, human services, education, income-based financial
assistance, child welfare, child custody, guardianship, adoption, or
child support enforcement);
(E)(i) not-for-profit service providers, including community-based and
faith-based agencies; and
(ii) educational institutions; and
(F) other State or local agencies or systems that promote service coordination
or provide information and referral services, including the entities
that provide the 2-1-1 or 3-1-1 information systems where applicable.
(A) how the entity will coordinate its activities with other State or
local agencies or systems that promote service coordination or provide
information and referral services for children, families, or older individuals,
including the entities that provide the 2-1-1 or 3-1-1 information systems
where applicable, so as to avoid duplication of services and the fragmentation
of services that prevents kinship care families from getting the help
the families need; and
(B) how the entity will encourage regional cooperation among agencies,
particularly agencies serving border communities that may cross jurisdictional
lines, to ensure that kinship care families will get help.
(6) An assurance that the entity will report at least annually to the
Assistant Secretary, in a manner prescribed by the Assistant Secretary,
to ensure comparability of data across States, on--
(A) activities established with the funds made available through grants
made under this title;
(B) the numbers and ages of the children and caregivers assisted through
the grants;
(C) the types of the assistance provided;
(D) the outcomes achieved with the assistance; and
(E) the barriers identified to meeting the needs of kinship care families
and plans for addressing the barriers.
(7) An assurance that the entity, not later than 3 months after the end
of the final year of the grant period, will submit a final report to the
Administration for Children and Families that describes--
(A) the numbers and ages of the children and caregivers assisted through
the grants;
(B) the types of assistance provided;
(C) the outcomes achieved with the assistance;
(D) the barriers to meeting the needs of kinship care families that
were addressed through the grants;
(E) the plans of the entity to continue the kinship navigator program
after the grant period has ended;
(F) lessons learned during the grant period; and
(G) recommendations about the considerations that should be taken into
account as the program carried out under this title is expanded throughout
the Nation.
(c) Preference- In awarding grants under this title, the Assistant Secretary
shall give preference to agencies or organizations that can demonstrate
that the agencies and organizations will offer the full array of activities
described in section 107(b).
SEC. 107. USE OF GRANT FUNDS.
(a) In General- An entity that receives a grant under this title may use
the funds made available through the grant directly, or through grants or
contracts with other public or private not-for-profit agencies, including
community-based or faith-based agencies, that have experience in connecting
kinship caregivers with appropriate services and assistance.
(b) Use of Funds- An entity that receives a grant under this title may use
the funds made available through the grant for activities that help to connect
kinship caregivers with the services and assistance required to meet the
needs of the children the caregivers are raising and their own needs, such
as--
(1) establishing and maintaining information and referral systems that--
(A) assist, through toll free access that includes access to a live
operator, kinship caregivers, kinship care service providers, kinship
care support group facilitators, and others to learn about and link
to--
(i) local kinship care service providers, support groups, respite
care programs, and special services for incarcerated parents;
(ii) eligibility and enrollment information for Federal, State, and
local benefits, such as--
(I) education (including preschool, elementary, secondary, postsecondary,
and special education);
(II) family support services, early intervention services, mental
health services, substance abuse prevention and treatment services,
services to address domestic violence problems, services to address
HIV or AIDS, legal services, child support, housing assistance,
and child care;
(III) the disability insurance benefits program established under
title II of the Social Security Act (42 U.S.C. 401 et seq.);
(IV) the program of block grants to States for temporary assistance
for needy families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
(V) the supplemental security income program established under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
(VI) the medicaid program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
(VII) the State children's health insurance program established
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.);
(VIII) the program of Federal payments for foster care and adoption
assistance established under part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.), including the program of kinship guardianship
assistance payments for children established under section 472A
of that Act; and
(IX) the food stamp program established under the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.);
(iii) relevant training to assist kinship caregivers in obtaining
benefits and services and performing their caregiving activities;
and
(iv) relevant legal assistance and help in obtaining access to legal
services, including access to legal aid service providers and statewide
elder law hotlines;
(B) provide outreach to kinship care families, in collaboration with
schools, pediatric care clinics, kinship care organizations, senior
citizen centers, agencies with jurisdiction over child welfare or human
services, and others to link the families to the kinship navigator program
and to services and assistance; and
(C) establish, distribute, and regularly update kinship care resource
guides, websites, or other relevant outreach materials;
(2) promoting partnerships between public and private not-for-profit agencies,
including community-based and faith-based agencies--
(A) to help the agencies described in this paragraph more effectively
and efficiently meet the needs of kinship care families; and
(B) to familiarize the agencies about the special needs of kinship care
families, policies that affect their eligibility for a range of education,
health, mental health, social, child care, and child welfare services,
income-based financial assistance, legal assistance, and other services
and benefits, and the means for making policies more supportive of kinship
care families;
(3) establishing and supporting a kinship care ombudsman who has the authority
to actively intervene with State agency staff or service providers with
which the State agency contracts to help ensure, through various appropriate
means including working with individual families in an ongoing manner,
that kinship caregivers get the services they need and for which they
are eligible; and
(4) supporting other activities that are designed to assist kinship caregivers
in obtaining benefits, services, and activities designed to improve their
caregiving.
(c) Limitation- Except as provided in subsection (b)(4), the entity may
not use any of the funds made available through the grant for direct services
to children in kinship care families or to kinship caregivers.
SEC. 108. ADMINISTRATION OF THE PROGRAM.
In administering the program carried out under this title, the Assistant
Secretary for Children and Families shall periodically consult with the
Assistant Secretary for Aging of the Department of Health and Human Services.
SEC. 109. RESERVATION.
The Assistant Secretary may reserve not more than 1 percent of the funds
made available under this title for a fiscal year to provide technical assistance
to the recipients of grants under this title related to the purposes of
the grants.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title $25,000,000
for fiscal year 2008, $50,000,000 for fiscal year 2009, and $75,000,000
for fiscal year 2010.
TITLE II--SUBSIDIZED GUARDIANSHIP OPTION FOR TITLE IV-E
SEC. 201. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.
(a) In General- Part E of title IV of the Social Security Act (42 U.S.C.
670-679b) is amended by inserting after section 472 the following:
`SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.
`(a) In General- Each State with a plan approved under this part may, at
State option, enter into kinship guardianship assistance agreements to provide
kinship guardianship assistance payments on behalf of children to grandparents
and other relatives who have assumed legal guardianship (as defined in section
475(7)) of the children for whom they have cared as foster parents and for
whom they have committed to care for on a permanent basis.
`(b) Kinship Guardianship Assistance Agreement-
`(1) IN GENERAL- In order to receive payments under section 474(a)(5),
a State shall--
`(A) negotiate and enter into a written kinship guardianship assistance
agreement with the prospective relative guardian of a child who meets
the requirements of subsection (d);
`(B) provide the prospective relative guardian with a copy of the agreement;
and
`(C) certify that any child on whose behalf kinship guardianship assistance
payments are made under such an agreement shall be provided medical
assistance under title XIX in accordance with section 1902(a)(10)(A)(i)(I).
`(2) MINIMUM REQUIREMENTS- The agreement shall specify, at a minimum--
`(A) the amount of, and manner in which, each kinship guardianship assistance
payment, if any, will be provided under the agreement;
`(B) the additional services and assistance that the child and relative
guardian will be eligible for under the agreement;
`(C) the procedure by which the relative guardian may apply for additional
services as needed, provided the agency and relative guardian agree
on the additional services as specified in the case plan; and
`(D) subject to paragraph (4), that the State will pay the nonrecurring
expenses associated with obtaining legal guardianship of the child.
`(3) INTERSTATE APPLICATION- The agreement shall provide--
`(A) that the agreement shall remain in effect without regard to the
State residency of the relative guardian; and
`(B) for the protection (under an interstate compact approved by the
Secretary or otherwise) of the interests of the child in any case where
the relative guardian and the child move to another State while the
agreement is in effect.
`(4) NONRECURRING EXPENSES ASSOCIATED WITH OBTAINING LEGAL GUARDIANSHIP-
`(A) IN GENERAL- For purposes of paragraph (2)(D), the term `nonrecurring
expenses associated with obtaining legal guardianship' includes the
reasonable and necessary fees, court costs, attorneys' fees, and other
expenses that are directly related to obtaining legal guardianship of
the child and which are not incurred in violation of Federal or State
law.
`(B) FEDERAL SHARE- A State's payment of the nonrecurring expenses associated
with obtaining legal guardianship shall be treated as an expenditure
made for the proper and efficient administration of the State plan under
section 474(a)(3)(E).
`(c) Kinship Guardianship Assistance Payment-
`(A) IN GENERAL- The kinship guardianship assistance payment shall be--
`(i) negotiated as part of the kinship guardianship assistance agreement
required under subsection (b)(1)(A) between the relative guardian
and the State or local agency responsible for administering such agreement;
`(ii) based on consideration of the circumstances and the needs of
the relative guardian and of the child; and
`(iii) equal to the amount of the foster care maintenance payment
for which the child would have been eligible if the child had remained
in foster care.
`(B) READJUSTMENT- The kinship guardianship assistance payment may be
readjusted periodically, with the concurrence of the relative guardian,
based on relevant changes in the needs of the relative guardian and
of the child.
`(A) IN GENERAL- Except as provided in subparagraph (B), no kinship
guardianship assistance payment may be made to a relative guardian for
any child who has attained 18 years of age.
`(B) EXCEPTIONS- A kinship guardianship assistance payment may be made
to a relative guardian with respect to a child who--
`(i) is a full-time student in a secondary school or in the equivalent
level of a vocational or technical training program and has not attained
19 years of age; or
`(ii) with respect to a child who the State determines has a mental
or physical disability that warrants the continuation of assistance
until the child attains 21 years of age.
`(d) Child's Eligibility for a Kinship Guardianship Assistance Payment-
`(1) IN GENERAL- A child is eligible for a kinship guardianship assistance
payment under this section if the State agency determines the following:
`(A) The child has been--
`(i) removed from his or her home pursuant to a voluntary placement
agreement or as a result of a judicial determination to the effect
that continuation in the home would be contrary to the welfare of
the child;
`(ii) under the care of the State agency for the 12-month period ending
on the date of the agency determination; and
`(iii) eligible for foster care maintenance payments under section
472.
`(B) Being returned home or adopted are not appropriate permanency options
for the child.
`(C) The child demonstrates a strong attachment to the prospective relative
guardian and the relative guardian has a strong commitment to caring
permanently for the child.
`(D) With respect to a child who has attained 14 years of age, the child
has been consulted regarding the kinship guardianship arrangement.
`(2) TREATMENT OF SIBLINGS- With respect to a child described in paragraph
(1) whose sibling or siblings are not so described--
`(A) the child and any minor sibling of the child may be placed in the
same kinship guardianship arrangement if the State agency and the relative
agree on the appropriateness of the arrangement for the siblings; and
`(B) kinship guardianship assistance payments may be paid for the child
and each sibling so placed.'.
(b) Maintaining Eligibility for Adoption Assistance Program- Section 473(a)
of such Act (42 U.S.C. 673(a)) is amended by adding at the end the following:
`(7) The adoptive parents of a child who has been determined by the State,
pursuant to subsection (c), to be a child with special needs and on whose
behalf kinship guardianship assistance payments have been made under section
472A shall be eligible for adoption assistance as if no kinship guardianship
agreement or payments had been made. The State shall make payments of nonrecurring
adoption expenses under this section to the adoptive parents of such a child.
The State may make adoption assistance payments under this section even
if the child fails to meet the requirements of subparagraphs (A) and (B)
of paragraph (2), if the child would meet the requirements of such subparagraphs
if the child were treated as if the child were in the same financial and
other circumstances the child was in at the time the kinship guardianship
assistance agreement was made.'
(c) Expansion of Eligibility for Foster Care Independence Program- Section
477(i)(2) of the Social Security Act (42 U.S.C. 677(i)(2)) is amended by
striking `youths adopted from foster care after attaining age 16' and inserting
`youths exiting from foster care to adoption or legal guardianship after
attaining 16 years of age'.
(d) Conforming Amendments-
(1) STATE PLAN REQUIREMENT- Section 471(a)(20)(A) of such Act (42 U.S.C.
671(a)(20)) is amended, in the matter preceding clause (i), by striking
`foster or adoptive parent before the foster or adoptive parent may be
finally approved for placement of a child on whose behalf foster care
maintenance payments or adoption assistance payments' and inserting `foster
parent, adoptive parent, or relative guardian before the foster parent,
adoptive parent, or relative guardian may be finally approved for placement
of a child on whose behalf foster care maintenance payments, adoption
assistance payments, or kinship guardianship assistance payments'.
(2) PAYMENTS TO STATES- Section 474(a) of such Act (42 U.S.C. 674(a))
is amended--
(A) in paragraph (3)(B), by striking `foster or adoptive parents and
the members of the staff of State-licensed or State-approved child care
institutions providing care to foster and adopted children receiving
assistance under this part, in ways that increase the ability of such
current or prospective parents, staff members, and institutions to provide
support and assistance to foster and adopted children,' and inserting
`foster parents, adoptive parents, or relative guardians and the members
of the staff of State-licensed or State-approved child care institutions
providing care to foster children, adoptive children, or children living
with a relative guardian receiving assistance under this part, in ways
that increase the ability of such current or prospective parents, relative
guardians, staff members, and institutions to provide support and assistance
to foster children, adoptive children, or children living with a relative
guardian,';
(B) in paragraph (4)(B), by striking the period at the end and inserting
`; plus'; and
(C) by adding at the end the following:
`(5) an amount equal to the Federal medical assistance percentage (as
defined in section 1905(b)) of the total amount expended during such quarter
as kinship guardianship assistance payments under section 472A pursuant
to kinship guardianship assistance agreements.'.
(3) DEFINITIONS- Section 475(1) of such Act (42 U.S.C. 675(1)) is amended
by adding at the end the following:
`(F) In the case of a child with respect to whom the permanency plan
is placement with a relative and receipt of kinship guardianship assistance
payments under section 472A, a description of--
`(i) the steps that the agency has taken to determine that it is not
appropriate for the child to be returned home or adopted;
`(ii) the reasons why a permanent placement with a fit and willing
relative through a kinship guardianship assistance arrangement is
in the child's best interests;
`(iii) the ways in which the child meets the eligibility requirements
for a kinship guardianship assistance payment;
`(iv) the efforts the agency has made to discuss adoption by the child's
relative foster parent as a more permanent alternative to legal guardianship
and, in the case of a relative foster parent who has chosen not to
pursue adoption, documentation of the reasons therefor; and
`(v) the efforts made by the State agency to secure the consent of
the child's parent or parents to the kinship guardianship assistance
arrangement, or the reasons why the efforts were not made.'.
(e) Effective Date- The amendments made by this section take effect on October
1, 2007.
SEC. 202. KINSHIP GUARDIANSHIP DEMONSTRATION PROJECTS.
(a) Authority To Conduct Projects- The Secretary shall enter into agreements
with eligible entities to conduct demonstration projects for the purpose
of providing kinship guardianship assistance payments on behalf of children
to grandparents and other relatives who have assumed legal guardianship
(as defined in section 475(7) of the Social Security Act (42 U.S.C. 675(7))
of the children for whom they have cared as foster parents and for whom
they have committed to care for on a permanent basis in large metropolitan
areas located in States that have not elected the option to provide kinship
guardianship assistance payments for children under section 472A of the
Social Security Act (as added by section 201).
(b) Terms and Conditions- The terms and conditions applicable to demonstration
projects conducted under this section shall be consistent, to the extent
the Secretary determines appropriate, with the terms and conditions applicable
to the State option to provide kinship guardianship assistance payments
for children under section 472A of the Social Security Act.
(c) Report- Not later than October 1, 2009, and annually thereafter, the
Secretary shall submit a report to Congress on the demonstration projects
conducted under this section.
(d) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to conduct demonstration projects under this
section for fiscal years beginning with fiscal year 2008.
(e) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) a metropolitan agency, as defined in section 103(5); and
(B) any other entity that the Secretary determines is qualified to conduct
a demonstration project under this section.
(2) LARGE METROPOLITAN AREA- The term `large metropolitan area' has the
meaning given that term in section 103(4).
(3) SECRETARY- The term `Secretary' means the Secretary of Health and
Human Services.
TITLE III--NOTICE OF CHILDREN ENTERING FOSTER CARE
SEC. 301. NOTICE TO RELATIVES WHEN CHILDREN ENTER FOSTER CARE.
(a) In General- Section 471(a)(19) of the Social Security Act 42 U.S.C.
671(a)(19)) is amended--
(1) by striking `that the State' and inserting `that--
(2) by adding `and' after the semicolon; and
(3) by adding at the end the following:
`(B) within 60 days of the removal of the child from the custody of
the child's parent or parents, the State shall identify and give notice
to all adult grandparents and other adult relatives of the child (including
any other adult relatives suggested by the parents), subject to exceptions
due to family or domestic violence, that--
`(i) specifies that the child has been or is being removed from the
custody of the child's parent or parents; and
`(ii) explains the options the relative has under Federal, State,
and local law to participate in the child's care and placement, including
any options that may be lost by failing to respond to the notice;'.
(b) Effective Date- The amendments made by this section take effect on October
1, 2007.
SEC. 302. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE FOSTER
FAMILY HOMES.
(a) In General- Section 471(a)(10) of the Social Security Act (42 U.S.C.
671(a)(10)) is amended--
(1) by striking `which shall be responsible' and inserting `which--
`(A) shall be responsible';
(2) by inserting `and' after the semicolon; and
(3) by adding at the end the following:
`(i) establish and maintain separate standards for foster family homes
in which a foster parent is a relative of the foster child that, at
a minimum, protect the safety of the child and provide for criminal
records checks, as described in paragraph (20); and
`(ii) apply the standards referred to in clause (i) to any such relative
foster care provider to whom funds are paid pursuant to section 472
or part B in lieu of the standards that would otherwise apply to a
foster family home;'.
(b) Effective Date- The amendments made by this section take effect on October
1, 2007.
END
