Sec. 3. State reports on hidden foster care arrangements
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As a condition for payment of funds under a State plan approved under part E of title IV of the Social Security Act ( 42 U.S.C. 671 et seq. ), a State shall submit to the Secretary as part of the Adoption and Foster Care Analysis and Reporting System ( 42 U.S.C. 679 ) data that specifies, for each such fiscal year— the number of children separated from their parents by a hidden foster care arrangement; the number of hidden foster care arrangements that ended without the child entering the formal foster care system; the number of hidden foster care arrangements that ended through the placement of the child into the formal foster care system; the category or type of allegation raised in each case which resulted in a separation of a child from their parents by a hidden foster care arrangement; to the extent data is available, the number of caregivers in a hidden foster care arrangement who received additional services including referrals to kinship navigator programs, prevention services programs funded under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 671 et seq.), services provided by an entity or organization other than a CPS agency, or to legal counsel; the result of any investigation leading to a hidden foster care arrangement (whether an allegation is substantiated or indicated or not substantiated or indicated; how many parents— were— provided legal counsel; or referred to a legal services provider before a hidden foster care arrangement began or within 72 hours of such an arrangement; and were actually represented by legal counsel within 72 hours of such an arrangement; the length of time children were in a hidden foster care arrangement, including the number of children in a hidden foster care arrangement for more than 90 days without any court orders addressing custody; the number of children who left hidden foster care arrangements— by reunification with the parent or guardian from whom they were initially separated; by returning to a different parent or guardian; or through— a kinship caregiver obtaining legal custody or guardianship outside of the foster care system; entry in the foster care system and placement with kin; and entry in the foster care system and placement with someone else; a list of specific services provided to parents, children, and kinship caregivers affected by a hidden foster care arrangement and, for each such group, the number and specific services provided; and a list of reports of substantiated abuse or neglect made to a CPS agency within 3, 6, 9, or 12 months after a child is identified as being in a hidden foster care arrangement, where the child was living at time of report.
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