HR 5507
Hidden Foster Care Transparency Act
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Bill overview
The Hidden Foster Care Transparency Act requires states to collect and publicly report data on ‘hidden foster care arrangements,’ which are separations of children from their parents without court involvement or state responsibility for care. This includes arrangements like kinship diversion and informal family planning. States must report on the number of children involved, the reasons for the separations, the services provided, and the outcomes of these arrangements, including whether children enter the formal foster care system or are reunified with their families. The Secretary of Health and Human Services will then compile an annual report for Congress summarizing these state-level data.
Key provisions
- States must track and report on the number of children separated through hidden foster care arrangements.
- Reports must detail the types of allegations leading to these separations.
- States must report on services provided to parents, children, and kinship caregivers involved.
- Data must include information on whether children were provided legal counsel.
- Reports must track the length of time children remain in hidden foster care arrangements.
- States must report on how many children leave these arrangements through reunification, kinship placement, or entry into formal foster care.
- The Secretary will submit an annual report to Congress summarizing state data.
- The Secretary will provide guidance and technical assistance to states on data collection and reporting.
Who is affected
- Children
- Parents
- Kinship Caregivers
Sponsors
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119th CONGRESS — 1st Session
H. R. 5507
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require States to measure and publicly report on the separation of children from parents by hidden foster care arrangements, and for other purposes.
This Act may be cited as the Hidden Foster Care Transparency Act
.
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.
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.
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.).
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—
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—
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
The Secretary shall submit an annual report to Congress based on the most recent State reports submitted under section 3. Each annual report shall include the following:
The total number of children for whom a hidden foster care arrangement ended during the fiscal year reported on, and of that number—
how many of the hidden foster care arrangement ended without the child entering the formal foster care system; and
how many of the hidden foster care arrangement ended through the placement of the child into the formal foster care system.
The total number of each category or type of allegation raised in a 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 legal counsel.
The number of States that submit a report under section 3 for the fiscal year involved and a summary of such reports that includes a summary of the ways in which States address hidden foster care arrangements within the most recent State plan reports submitted part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.).
The Secretary shall ensure that, to the extent practicable, the data and information required to be reported under section 3—
is collected and reported in a reliable and standardized manner by all States;
provides a comprehensive, national picture of the practice of hidden foster care arrangements; and
draws upon and does not duplicate other required child welfare data collection and reporting regarding children for, or on whose behalf, prevention services are offered, including under section 471(e)(5)(B)(x) of the Social Security Act (42 U.S.C. 671(e)(5)(B)(x)), section 479 of such Act (42 U.S.C. 679), and subparagraphs (C) and (D) of section 103(c)(1) of the Child Abuse Prevention and Treatment Act and 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5103(c)(1), 5106a(d)).
The Secretary may use funds made available to carry out part E of title IV of the Social Security Act (42 U.S.C. 671 et seq.) to issue guidance or provide technical assistance to States with respect to the data and information required to be reported under section 3.
The Secretary—
may include the report required by subsection (a) in the annual compilation of State reports required to be submitted to Congress under section 479A of the Social Security Act (42 U.S.C. 679b); and
shall make each report submitted to Congress in accordance with subsection (a) publicly available.