Sec. 112. IMPROVING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A PERMANENCY OPTION
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## SEC. 112 IMPROVING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A PERMANENCY OPTION ###
(a)Elimination of Another Planned Permanent Living Arrangement for Children Under Age 16 ####
(1)In general Section 475(5)(C)(i) (42 U.S.C. 675(5)(C)(i)) is amended by inserting “only in the case of a child who has attained 16 years of age” before “(in cases where”. ####
(2)Conforming amendment Section 422(b)(8)(A)(iii)(II) (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting “, subject to the requirements of sections 475(5)(C) and 475A(a)” after “arrangement”. ####
(3)Delayed applicability with respect to certain children **[**[42 U.S.C. 622 note](/us/usc/t42/s622)**]** In the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), the amendments made by this subsection shall not apply until the date that is 3 years after the date of the enactment of this Act. ###
(b)Additional Requirements ####
(1)In general Part E of title IV (42 U.S.C. 670 et seq.) is amended by inserting after section 475 the following: > > ## “SEC. 475A ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS > > **[**[42 U.S.C. 675a](/us/usc/t42/s675a)**]** > > > ### “(a) Requirements for Another Planned Permanent Living Arrangement > > In the case of any child for whom another planned permanent living arrangement is the permanency plan determined for the child under section 475(5)(C), the following requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: > > > #### “(1) Documentation of intensive, ongoing, unsuccessful efforts for family placement > > At each permanency hearing held with respect to the child, the State agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children. > > > #### “(2) Redetermination of appropriateness of placement at each permanency hearing > > The State agency shall implement procedures to ensure that, at each permanency hearing held with respect to the child, the court or administrative body appointed or approved by the court conducting the hearing on the permanency plan for the child does the following: > > > ##### “(A) > > Ask the child about the desired permanency outcome for the child. > > > ##### “(B) > > Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to— > > > ###### “(i) > > return home; > > > ###### “(ii) > > be placed for adoption; > > > ###### “(iii) > > be placed with a legal guardian; or > > > ###### “(iv) > > be placed with a fit and willing relative. > > > #### “(3) Demonstration of support for engaging in age or developmentally-appropriate activities and social events > > At each permanency hearing held with respect to the child, the State agency shall document the steps the State agency is taking to ensure that— > > > ##### “(A) > > the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and > > > ##### “(B) > > the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities).” > . ####
(2)Conforming Amendments #####
(A)State Plan Requirements ######
(i)Part b Section 422(b)(8)(A)(ii) (42 U.S.C. 622(b)(8)(A)(ii)) is amended by inserting “and in accordance with the requirements of section 475A” after “section 475(5)”. ######
(ii)Part e Section 471(a)(16) (42 U.S.C. 671(a)(16)) is amended— ######
(I)by inserting “and in accordance with the requirements of section 475A” after “section 475(1)”; and ######
(II)by striking “section 475(5)(B)” and inserting “sections 475(5) and 475A”. #####
(B)Definitions Section 475 (42 U.S.C. 675) is amended— ######
(i)in paragraph (1), in the matter preceding subparagraph (A), by inserting “meets the requirements of section 475A and” after “written document which”; and ######
(ii)in paragraph (5)— ######
(I)in subparagraph (B), by adding at the end the following “and, for a child for whom another planned permanent living arrangement has been determined as the permanency plan, the steps the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities);”; and ######
(II)in subparagraph (C)— ######
(aa)by inserting “, as of the date of the hearing,” after “compelling reason for determining”; and ######
(bb)by inserting “subject to section 475A(a),” after “another planned permanent living arrangement,”. ###
(c)Effective Date **[**[42 U.S.C. 622 note](/us/usc/t42/s622)**]** ####
(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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Sec. 112
IMPROVING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A PERMANENCY OPTION
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