Sec. 212. Improvements to another planned permanent living arrangement as a permanency option
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Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended by inserting only in the case of a child who has attained age 16 before (in cases where the State agency has documented . 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 paragraphs (5)(C) and
(10)of section 475 after arrangement . Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by inserting after section 475 the following new section: 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: 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, place the child with a fit and willing relative, place the child with a legal guardian, or place the child for adoption, including through efforts that utilize search technology to find biological family members for children in the child welfare system. 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 shall do the following: Ask the child if the child wants to be adopted. Make a judicial determination of a compelling reason with respect to each of the following options for why it continues to be not in the best interests of the child to— return home; be placed with a fit and willing relative; be placed with a legal guardian; or be placed for adoption. Identify the barriers to permanency plans other than another planned permanent living arrangement for the child. Make a new determination that another planned permanent living arrangement is the appropriate permanency plan for this child and submit findings as to why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child. Require the State agency to document at the next permanency hearing held with respect to the child the intensive, ongoing, efforts made by the State agency to address such barriers and allow a different permanency plan for the child. The State agency shall appear before the court or administrative body appointed or approved by the court and demonstrate, not less frequently than every 6 months while the child is placed in another planned permanent living arrangement— the steps the State agency is taking, including with respect to reducing barriers such as paper work or other documentation, to ensure the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including social events; and that an individual, other than a caseworker, is the caregiver for the child for purposes of the reasonable and prudent parent standard (as defined in section 475(9)), including with respect to authority for signing permission slips and giving informal permission for the child to participate in age or developmentally appropriate activities, including social events. . Section 422(b)(8)(A)(ii) of the Social Security Act (42 U.S.C. 622(b)(8)(A)(ii)) is amended by inserting in accordance with the requirements of section 475A after section 475(5)) . Section 471(a)(16) of the Social Security Act (42 U.S.C. 671(a)(16)) is amended— by inserting and in accordance with the requirements of section 475A after section 475(1) ; and by striking section 475(5)(B) and inserting section 475(5) and 475A . Section 475 of the Social Security Act ( 42 U.S.C. 675 ) is amended— in paragraph (1), in the matter preceding subparagraph (A), by inserting meets the requirements of section 475A and after written document which ; in paragraph (5)(C), as amended by subsection (a)(1)— by inserting , as of the date of the hearing, after compelling reason for determining ; and by inserting subject to the requirements of section 475A(a), after another planned permanent living arrangement, ; and by adding at the end the following: The term reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth, 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, and social activities. 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. The term age or developmentally appropriate means 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. In the event that any age related activities have implications relative to a child or youth’s academic curriculum, nothing in this part or part B shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction In the case of a specific child, the term means activities or items that are suitable for that child based on the developmental stages attained by the child with respect to the child's cognitive, emotional, physical, and behavioral capacities. . Section 457(e)(1) of the Social Security Act ( 42 U.S.C. 657(e)(1) ) is amended by inserting unless the permanency plan for the child is another planned permanent living arrangement, in which case the amounts collected (without any reimbursement to the Federal Government) shall be deposited by the State agency responsible for supervising the child's placement in an account established for the benefit of the child and only used for payment of fees or other costs attributable to the child's participation in age or developmentally appropriate activities (until the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) at which time any funds in the account shall be paid to the child) before the semicolon. Section 457 of the Social Security Act ( 42 U.S.C. 657 ) is amended— in subsection (a), in the matter preceding paragraph (1), by striking
(d)and
(e)and inserting (d), (e), and
(f); and by adding at the end the following new subsection: Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child who is in foster care under the responsibility of the State on the date the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) shall be paid to the child (without any reimbursement to the Federal Government). . Section 454(11) of the Social Security Act ( 42 U.S.C. 654(11) ) is amended— in subparagraph (A), by striking and after the semicolon; in subparagraph (B), by adding and after the semicolon; and by inserting after subparagraph (B), the following: provide a description of the procedures the State has in effect to comply with the requirements under section 457(e)(1) regarding funds collected on behalf of a child in another planned permanent living arrangement and with the requirements under section 457(f) regarding payment of amounts collected on behalf of a child who is in foster care under the responsibility of the State on the date the child attains 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii); . Except as provided in paragraph (2), the amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. In the case of a State plan approved under section 454 of the Social Security Act which requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (c), the State plan shall not be regarded as failing to comply with the additional requirements solely on the basis of the failure of the plan to meet the additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
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Sec. 212
Improvements to another planned permanent living arrangement as a permanency option
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