Sec. 9. Private right of action for failure to comply with case plan and case system review requirements
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Section 475A of the Social Security Act ( 42 U.S.C. 675a ) is amended by adding at the end the following: An individual who is or was a child in foster care under the responsibility of the State may obtain appropriate relief with regard to a failure to comply with a case plan requirement in section 475(1) or a failure to comply with a case review system requirement in section 475(5) that applies or applied to the individual while the child was such foster care not later than 5 years after the date on which the individual exits foster care by bringing a civil action in an appropriate district court of the United States.
In the case of an individual with more than 1 period in foster care under the responsibility of the State, each such period shall be treated separately for purposes of applying the 5-year deadline under the preceding sentence. An action under this subsection may be commenced, and relief may be granted, only after the individual commencing the action has sought or exhausted any available administrative remedies. As a condition of a State receiving funds under this part, the State shall voluntarily and knowingly agree that— an action under this subsection may be maintained against, among others, a party that is a State governmental entity; and relief in an action under this subsection may include money damages even if the defendant is such a governmental entity.
In this subsection, the term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State or of such a local government. In an action under this subsection, the court shall grant— all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory and punitive damages, to prevent the occurrence, continuance, or repetition of the designated failure and to compensate for losses resulting from the designated failure; and to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs. .
The private right of action established under section 475A(c) of the Social Security Act with regard to a failure to comply with a case plan requirement in section 475(1) of such Act or a failure to comply with a case review system requirement in section 475(5) of such Act, as added by subsection
(a)of this section, shall not be construed as an expression of congressional intent with respect to the creation of, or prohibition of, a private right of action with respect to a failure to comply with any other provision of title IV of Social Security Act.
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Sec. 9
Private right of action for failure to comply with case plan and case system review requirements
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