Sec. 113. EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD
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## SEC. 113 EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD ###
(a)In general Section 475(1)(B) (42 U.S.C. 675(1)(B)) is amended by adding at the end the following: “With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.”. ###
(b)Conforming Amendments To Include Children 14 and Older in Transition Planning Section 475 (42 U.S.C. 675) is amended— ####
(1)in paragraph (1)(D), by striking “Where appropriate, for a child age 16” and inserting “For a child who has attained 14 years of age”; and ####
(2)in paragraph (5)— #####
(A)in subparagraph (C)— ######
(i)in clause (i), by striking “16” and inserting “14”; ######
(ii)by striking “and” at the end of clause (ii); and ######
(iii)by adding at the end the following: “and
(iv)if a child has attained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an individual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent standard to the child;”; and #####
(B)in subparagraph (I), by striking “16” and inserting “14”. ###
(c)Transition Planning for a Successful Adulthood Paragraphs (1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 (42 U.S.C. 675) are each amended by striking “independent living” and inserting “a successful adulthood”. ###
(d)List of Rights Section 475A, as added by section 112(b)(1) of this Act, is amended by adding at the end the following: > > ### “(b) List of Rights > > The case plan for any child in foster care under the responsibility of the State who has attained 14 years of age shall include— > > > #### “(1) > > a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in section 475(5)(I) in accordance with that section, and the right to stay safe and avoid exploitation; and > > > #### “(2) > > a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way.” > . ###
(e)Report Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include— ####
(1)an analysis of how States are administering the requirements of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security Act, as amended by subsections
(a)and
(b)of this section, that a child in foster care who has attained 14 years of age be permitted to select up to 2 members of the case planning team or permanency planning team for the child from individuals who are not a foster parent of, or caseworker for, the child; and ####
(2)a description of best practices of States with respect to the administration of the requirements. ###
(f)Effective Date **[**[42 U.S.C. 675 note](/us/usc/t42/s675)**]** ####
(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. 113
EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD
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