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Code · BILL · 116th Congress · S. 1376 (Introduced in Senate) — To amend parts B and E of title IV of the Social Security Act to eliminate barriers to providing child welfare servic... · Sec. 101

Sec. 101. Elimination of the AFDC eligibility requirement for foster care maintenance payments for children placed in a foster family home

523 words·~2 min read·/bill/116/s/1376/is/section-101

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Section 472(a) of the Social Security Act ( 42 U.S.C. 672(a) ) is amended— in paragraph (1), in the matter preceding subparagraph (A), by striking Each State and inserting Subject to paragraph (5), each State ; and by adding at the end the following: Beginning October 1, 2019, the AFDC eligibility requirement of paragraph
(3)shall no longer apply with respect to a child who has been removed from the home of a relative or a caretaker into foster care and placed in a foster family home. On and after such date, each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative or caretaker into foster care and placed in a foster family home (without regard to whether such removal and placement occurred before, on, or after October 1, 2019), if the removal and foster care placement met, and continues to meet, the requirements of paragraph (2). . Section 472 of such Act is amended by adding at the end the following: Beginning with fiscal year 2021, a State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part for the preceding fiscal year resulting from the amendments made by section 101(a) of the Family First Transition and Support Act of 2019 (eliminating the AFDC eligibility requirement for children placed in a foster family home) to provide children or families any service that may be provided under this part or part B. In the case of a State in which the State plans under this part and part B are administered by 1 or more political subdivisions of the State, the State shall distribute such savings (if any) determined for a fiscal year among the political subdivisions of the State administering such State plans. A State shall calculate the savings (if any) for a fiscal year for purposes of meeting the requirement of paragraph (1), using a methodology specified by the Secretary or an alternate methodology proposed by the State and approved by the Secretary. A State shall annually report to the Secretary— the methodology used to make the calculation described in subparagraph (A), without regard to whether any savings are found; the amount of any savings referred to in subparagraph (A); how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part; and in the case of a State in which the State plans under this part and part B are administered by 1 or more political subdivisions of the State, the proportion of such savings that were distributed to political subdivisions of the State. The Secretary shall make all information reported pursuant to subparagraph
(B)available on the website of the Department of Health and Human Services in a location easily accessible to the public. Any State spending required under paragraph
(1)shall be used to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or this part. .
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Sec. 101
Elimination of the AFDC eligibility requirement for foster care maintenance payments for children placed in a foster family home
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