Sec. 2. Definitions
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In this Act: The term CPS agency means the State agency responsible for the administration of the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.) and any State, county, local, or tribal child protective services agency. The term hidden foster care arrangement means any separation of a child from the child’s parents or primary caregivers that occurs without the State taking responsibility for the care or placement of the child and without a court order or the involvement and oversight of a court of law, whether voluntary or involuntary.
Such term includes a separation of a child that occurs— following a child protection hotline call or during an investigation by a CPS agency; or while a CPS agency has any involvement with a child’s parents or primary caregivers but without the State taking responsibility for the care or placement of the child and without a court order or the involvement and oversight of a court of law, whether voluntary or involuntary. Such term includes— any arrangement in which a CPS agency suggests, implies, or insists that a parent should or must permit the parent’s child to live with someone else in response to an investigation of allegations that the parent, or a spouse, partner, or other individual who resides with the parent, has neglected or abused the child; and any arrangement commonly referred to as kinship diversion, foster care diversion, safety planning, informal family planning, or hidden foster care to the extent that such arrangement occurs without a court order or court oversight.
The term Secretary means the Secretary of Health and Human Services. The term State has the meaning given that term in section 1101(a) of the Social Security Act ( 42 U.S.C. 1301(a) ) for purposes of parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.).
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