Sec. 111. SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE
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## SEC. 111 SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE ###
(a)Reasonable and Prudent Parent Standard ####
(1)Definitions relating to the standard Section 475 (42 U.S.C. 675), as amended by section 101(b) of this Act, is amended by adding at the end the following: > > #### “(10) > > > #####
(A)> > The term ‘reasonable and prudent parent standard’ means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. > > > ##### “(B) > > For purposes of subparagraph (A), the term ‘caregiver’ means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. > > > #### “(11) > > > #####
(A)> > The term ‘age or developmentally-appropriate’ means— > > > ###### “(i) > > activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and > > > ###### “(ii) > > in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. > > > ##### “(B) > > In the event that any age-related activities have implications relative to the academic curriculum of a child, nothing in this part or part B shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State or local educational agency, or the specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction of a school.” > . ####
(2)State plan requirement Section 471(a)(24) (42 U.S.C. 671(a)(24)) is amended— #####
(A)by striking “include” and inserting “includes”; #####
(B)by striking “and that such preparation” and inserting “that the preparation”; and #####
(C)by inserting “, and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities” before the semicolon. ####
(3)Technical assistance **[**[42 U.S.C. 671 note](/us/usc/t42/s671)**]** The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity). ###
(b)Normalcy for Children in Child Care Institutions Section 471(a)(10) (42 U.S.C. 671(a)(10)) is amended to read as follows: > > #### “(10) > > provides— > > > ##### “(A) > > for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard; > > > ##### “(B) > > that the standards established pursuant to subparagraph
(A)shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24); > > > ##### “(C) > > that the standards established pursuant to subparagraph
(A)shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; and > > > ##### “(D) > > that a waiver of any standards established pursuant to subparagraph
(A)may be made only on a case-by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care;” > . ###
(c)Supporting Participation in Age-Appropriate Activities ####
(1)Section 477(a) (42 U.S.C. 677(a)) is amended— #####
(A)by striking “and” at the end of paragraph (6); #####
(B)by striking the period at the end of paragraph
(7)and inserting “; and”; and #####
(C)by adding at the end the following: > > #### “(8) > > to ensure children who are likely to remain in foster care until 18 years of age have regular, ongoing opportunities to engage in age or developmentally-appropriate activities as defined in section 475(11).” > . ####
(2)Section 477(h)(1) (42 U.S.C. 677(h)(1)) is amended by inserting “or, beginning in fiscal year 2020, $143,000,000” after “$140,000,000”. ###
(d)Effective Date **[**[42 U.S.C. 671 note](/us/usc/t42/s671)**]** ####
(1)In General The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. ####
(2)Delay permitted if state legislation required 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 section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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.
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