Sec. 4. Clarifying existing supports in current law
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21 Section 475(8)(B)(iv) of the Social Security Act ( 42 U.S.C. 675(8)(B)(iv) ) is amended— by striking or at the end of subclause (IV); by striking the period at the end of subclause
(V)and inserting ; or ; and by adding at the end the following: expectant or parenting (including as a noncustodial parent). . Section 471(a)(15) of such Act ( 42 U.S.C. 671(a)(15) ) is amended— by striking and at the end of subparagraph (E); by adding at the end the following: before removing a child from parents who are in foster care, the State shall obtain a judicial finding that the State— has made, and documented, active efforts to keep the parents with the child; and has protected the rights of the parents with respect to the child; and if a child is removed from parents who are in foster care, the State shall ensure that the following accommodations are made to support the healthy attachment and eventual reunification of the parent and child: frequent visitation to match the recommended guidelines by national experts in early child development; regular coordination between the case worker for the child and the caseworker for the parents; and long-term planning to ensure that placement setting does not present a barrier to reunification; . Section 471(a) of such Act ( 42 U.S.C. 671(a) ) is amended— by striking and at the end of paragraph (34); by striking the period at the end of paragraph
(35)and inserting a semicolon; and by adding at the end the following: provides that the State shall have in place such laws and procedures as are necessary— to ensure that a child born to one or more parents in foster care under the responsibility of the State— is not placed in foster care under the responsibility of the State solely because of the age or foster youth status of the parents; and is placed in a setting that accommodates the child and the parents; to prohibit the State from requiring a foster youth who is expectant or parenting (including as a noncustodial parent) to place their children into foster care in order for the foster youth to remain together with the children or to receive services provided to, or for the benefit of, foster youth. . The amendments made by this subsection shall take effect on the first day of the first fiscal year that begins one year or more after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. 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 subsection, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Section 475(5)(H) of such Act ( 42 U.S.C. 675(5)(H) ) is amended by inserting , and if the youth is expectant or parenting (including as a noncustodial parent), covers the period beginning at least 12 months before the youth is scheduled to leave foster care, focuses on developing and maintaining support networks for foster youth who are parents through community, family, and others, ensuring adequate family income, including through referrals to State programs funded under part A, and promoting the developmental needs of their children, identifies specific programs and services that will help support the unique needs of such a youth and their children, is developed in collaboration with the youth and other stakeholders from areas such as education, health care services, mental and behavioral health services, housing, employment and training, and other services that support parental and child well-being (such as home visiting services, early intervention services, early childhood education, child care, and child care assistance) before the semicolon. The Secretary of Health and Human Services shall conduct outreach to inform each State that section 475(5)(H) of the Social Security Act requires a caseworker for a youth who is due to age out of foster care within 90 days to provide the youth with assistance and support in developing a transition plan that includes specific options on health insurance for the youth (including enrollment in the State plan under title XIX of the Social Security Act pursuant to section 1902(a)(10)(A)(i)(IX) of such Act) and any documentation needed to secure such insurance.
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