Kinship Caregiver Support Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]

1st Session
S. 985

To establish kinship navigator programs, to establish kinship
guardianship assistance payments for children, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 10, 2005

Mrs. Clinton (for herself, Ms. Snowe, Mr. Johnson, and Mr. Cochran)
introduced the following bill; which was read twice and referred to the
Committee on Finance

_______________________________________________________________________

A BILL

To establish kinship navigator programs, to establish kinship
guardianship assistance payments for children, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Kinship Caregiver Support Act''.

TITLE I--KINSHIP NAVIGATOR PROGRAM

SEC. 101. FINDINGS.

Congress finds the following:
(1) The 2000 decennial census states that--
(A) more that 4,500,000 children in the United
States are living in grandparent-headed households, a
30 percent increase from 1990 to 2000; and
(B) an additional 1,500,000 children in the United
States are living in households headed by other
relatives.
(2) In the 2000 decennial census, over 2,400,000
grandparents reported that they were primarily responsible for
meeting the basic needs of their grandchildren, and parents
were not present in about \1/3\ of the families involved.
(3) According to the 2000 decennial census, almost \1/5\ of
grandparents responsible for their grandchildren live in
poverty.
(4) Kinship caregivers (as defined in section 103) often
face a variety of unnecessary barriers, including difficulties
enrolling children in school, authorizing medical treatment,
maintaining public housing leases, obtaining affordable legal
services, obtaining custody of children or otherwise achieving
permanency for children in their care, and accessing a variety
of Federal benefits and services.
(5) Kinship caregivers can help to keep children from
entering the foster care system, and provide safe and permanent
homes, but need services and supports to do so. They need
better access to health insurance, respite care, child care,
special education, housing, and other benefits.
(6) Surveys and research on the needs of kinship caregivers
report that one of their greatest challenges in raising
children is getting accurate information about--
(A) the benefits and services that are available to
their families, such as health and mental health care,
assistance provided under the program of block grants
to States for temporary assistance for needy families
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), kinship or foster
care, kinship assistance and adoption assistance, child
care and early education, special education, and other
services for children with disabilities; and
(B) the legal authority, responsibilities, and
rights of kinship caregivers.
(7) Funding for kinship navigator programs can--
(A) help kinship care families better use existing
programs and services; and
(B) increase the capacity of public and private
not-for-profit agencies, including community-based and
faith-based agencies, and including agencies carrying
out related Federal programs, such as the National
Family Caregiver Support Program under part E of title
III of the Older Americans Act of 1965 (42 U.S.C. 3030s
et seq.), to better serve the needs of kinship care
families.

SEC. 102. PURPOSE.

The purposes of this Act are--
(1) to establish kinship navigator programs in States,
large metropolitan areas, and tribal areas to assist kinship
caregivers in navigating their way through programs and
services, to help the caregivers learn about and obtain
assistance to meet the needs of the children they are raising
and their own needs; and
(2) to promote effective partnerships among public and
private not-for-profit agencies, including community-based and
faith-based agencies, to help the agencies described in this
paragraph more effectively and efficiently serve kinship care
families and address the fragmentation that creates barriers to
meeting the needs of those families.

SEC. 103. DEFINITIONS.

In this title:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Children and Families of the
Department of Health and Human Services.
(2) Kinship care family.--The term ``kinship care family''
means a family with a kinship caregiver.
(3) Kinship caregiver.--The term ``kinship caregiver''
means a grandparent or stepgrandparent of a child, or a
relative of a child by blood, marriage, or adoption, who--
(A) lives with the child;
(B) is the primary caregiver of the child because
the biological or adoptive parent of the child is
unable or unwilling to serve as the primary caregiver
of the child; and
(C) has a legal relationship to the child or is
raising the child informally.
(4) Large metropolitan area.--The term ``large metropolitan
area'' means a metropolitan statistical area, as defined by the
Bureau of the Census, with a population of not less than
1,000,000.
(5) Metropolitan agency.--The term ``metropolitan agency''
means an agency serving a large metropolitan area, or a county
or political subdivision of a large metropolitan area.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands of the
United States, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(7) Tribal area.--The term ``tribal area'' means the area
served by a tribal organization.
(8) Tribal organization.--The term ``tribal
organization''--
(A) means a tribal organization, as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n); and
(B) includes a consortium of tribal organizations
described in subparagraph (A).

SEC. 104. GRANTS.

(a) In General.--The Assistant Secretary may make grants to
eligible entities to pay for the Federal share of the cost of carrying
out kinship navigator programs.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a State agency, metropolitan agency,
or tribal organization, with experience in--
(1) addressing the needs of kinship caregivers or children;
and
(2) connecting the children or caregivers with appropriate
services and assistance, such as services and assistance
provided by--
(A) an area agency on aging under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.); or
(B) an agency with jurisdiction over child welfare,
income-based financial assistance, human services, or
health matters, or a public entity that links family
resource and support programs, for the State, large
metropolitan area, or Indian tribe involved.
(c) Allocation of Grants.--Of the funds made available for grants
under this section for each fiscal year, the Assistant Secretary shall
use not less than 50 percent to make grants to State agencies.
(d) Duration of the Grants.--In making the grants, the Assistant
Secretary shall make grants--
(1) in fiscal year 2006, for periods of 3 years;
(2) in fiscal year 2007, for periods of 2 years; and
(3) in fiscal year 2008, for periods of 1 year.

SEC. 105. FEDERAL SHARE.

(a) In General.--The Federal share of the cost of carrying out a
kinship navigator program under a grant shall be--
(1) 100 percent in the first year of the grant period;
(2) 75 percent in the second year (if any) of the grant
period; and
(3) 50 percent in the third year (if any) of the grant
period.
(b) Non-Federal Share.--The non-Federal share of the cost may be
provided in cash. Not more than 50 percent of the non-Federal share of
the cost may be provided in kind, fairly evaluated, including plant,
equipment, or services.

SEC. 106. APPLICATIONS.

(a) In General.--To be eligible to receive a grant under this
title, an entity shall submit an application to the Assistant Secretary
at such time, in such manner, and containing such information as the
Assistant Secretary may require, including, at a minimum, the
information described in subsection (b).
(b) Contents.--The application shall include the following:
(1) A description of the steps the entity will take during
the first 6 months of the grant period to--
(A) identify gaps in services for kinship care
families in the State, large metropolitan area, or
tribal area to be served and the specific activities
that are needed to bridge the gaps;
(B) convene a group of partners to assist in the
operation of the kinship navigator program funded
through the grant;
(C) utilize or develop relevant technology;
(D) conduct outreach to kinship caregivers about
the kinship navigator program; and
(E) develop a plan for reaching kinship caregivers,
ensuring that the caregivers can access the kinship
navigator program, and following up to ensure that the
caregivers actually receive necessary services and
supports.
(2) An assurance that the entity will provide at least the
core activities specified in paragraphs (1) and (2) of section
107(b) for kinship care families through the kinship navigator program.
(3) A description of the activities the entity expects to
offer over the grant period and the entity's initial projection
of the number of children and kinship caregivers likely to be
served.
(4) A description of how the entity will involve in the
planning and operation of the kinship navigator program, on an
ongoing basis--
(A) kinship caregivers;
(B) youth raised or being raised by kinship
caregivers;
(C) representatives of kinship care support
organizations;
(D) relevant government agencies (including
agencies with jurisdiction over matters relating to
aging, mental health, mental retardation or
developmental disabilities, substance abuse treatment,
health, youth services, human services, education,
income-based financial assistance, child welfare, child
custody, guardianship, adoption, or child support
enforcement);
(E)(i) not-for-profit service providers, including
community-based and faith-based agencies; and
(ii) educational institutions; and
(F) other State or local agencies or systems that
promote service coordination or provide information and
referral services, including the entities that provide
the 2-1-1 or 3-1-1 information systems where
applicable.
(5) A description of--
(A) how the entity will coordinate its activities
with other State or local agencies or systems that
promote service coordination or provide information and
referral services for children, families, or older
individuals, including the entities that provide the 2-
1-1 or 3-1-1 information systems where applicable, so
as to avoid duplication of services and the
fragmentation of services that prevents kinship care
families from getting the help the families need; and
(B) how the entity will encourage regional
cooperation among agencies, particularly agencies
serving border communities that may cross
jurisdictional lines, to ensure that kinship care
families will get help.
(6) An assurance that the entity will report at least
annually to the Assistant Secretary, in a manner prescribed by
the Assistant Secretary, to ensure comparability of data across
States, on--
(A) activities established with the funds made
available through grants made under this title;
(B) the numbers and ages of the children and
caregivers assisted through the grants;
(C) the types of the assistance provided;
(D) the outcomes achieved with the assistance; and
(E) the barriers identified to meeting the needs of
kinship care families and plans for addressing the
barriers.
(7) An assurance that the entity, not later than 3 months
after the end of the final year of the grant period, will
submit a final report to the Administration for Children and
Families that describes--
(A) the numbers and ages of the children and
caregivers assisted through the grants;
(B) the types of assistance provided;
(C) the outcomes achieved with the assistance;
(D) the barriers to meeting the needs of kinship
care families that were addressed through the grants;
(E) the plans of the entity to continue the kinship
navigator program after the grant period has ended;
(F) lessons learned during the grant period; and
(G) recommendations about the considerations that
should be taken into account as the program carried out
under this title is expanded throughout the Nation.
(c) Preference.--In awarding grants under this title, the Assistant
Secretary shall give preference to agencies or organizations that can
demonstrate that the agencies and organizations will offer the full
array of activities described in section 107(b).

SEC. 107. USE OF GRANT FUNDS.

(a) In General.--An entity that receives a grant under this title
may use the funds made available through the grant directly, or through
grants or contracts with other public or private not-for-profit
agencies, including community-based or faith-based agencies, that have
experience in connecting kinship caregivers with appropriate services
and assistance.
(b) Use of Funds.--An entity that receives a grant under this title
may use the funds made available through the grant for activities that
help to connect kinship caregivers with the services and assistance
required to meet the needs of the children the caregivers are raising
and their own needs, such as--
(1) establishing and maintaining information and referral
systems that--
(A) assist, through toll free access that includes
access to a live operator, kinship caregivers, kinship
care service providers, kinship care support group
facilitators, and others to learn about and link to--
(i) local kinship care service providers,
support groups, respite care programs, and
special services for incarcerated parents;
(ii) eligibility and enrollment information
for Federal, State, and local benefits, such
as--
(I) education (including preschool,
elementary, secondary, postsecondary,
and special education);
(II) family support services, early
intervention services, mental health
services, substance abuse prevention
and treatment services, services to
address domestic violence problems,
services to address HIV or AIDS, legal
services, child support, housing assistance, and child care;
(III) the disability insurance
benefits program established under
title II of the Social Security Act (42
U.S.C. 401 et seq.);
(IV) the program of block grants to
States for temporary assistance for
needy families established under part A
of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
(V) the supplemental security
income program established under title
XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(VI) the medicaid program
established under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.);
(VII) the State children's health
insurance program established under
title XXI of the Social Security Act
(42 U.S.C. 1397aa et seq.);
(VIII) the program of Federal
payments for foster care and adoption
assistance established under part E of
title IV of the Social Security Act (42
U.S.C. 670 et seq.), including the
program of kinship guardianship
assistance payments for children
established under section 472A of that
Act; and
(IX) the food stamp program
established under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.);
(iii) relevant training to assist kinship
caregivers in obtaining benefits and services
and performing their caregiving activities; and
(iv) relevant legal assistance and help in
obtaining access to legal services, including
access to legal aid service providers and
statewide elder law hotlines;
(B) provide outreach to kinship care families, in
collaboration with schools, pediatric care clinics,
kinship care organizations, senior citizen centers,
agencies with jurisdiction over child welfare or human
services, and others to link the families to the
kinship navigator program and to services and
assistance; and
(C) establish, distribute, and regularly update
kinship care resource guides, websites, or other
relevant outreach materials;
(2) promoting partnerships between public and private not-
for-profit agencies, including community-based and faith-based
agencies--
(A) to help the agencies described in this
paragraph more effectively and efficiently meet the
needs of kinship care families; and
(B) to familiarize the agencies about the special
needs of kinship care families, policies that affect
their eligibility for a range of education, health,
mental health, social, child care, and child welfare
services, income-based financial assistance, legal
assistance, and other services and benefits, and the
means for making policies more supportive of kinship
care families;
(3) establishing and supporting a kinship care ombudsman
who has the authority to actively intervene with State agency
staff or service providers with which the State agency
contracts to help ensure, through various appropriate means
including working with individual families in an ongoing
manner, that kinship caregivers get the services they need and
for which they are eligible; and
(4) supporting other activities that are designed to assist
kinship caregivers in obtaining benefits, services, and
activities designed to improve their caregiving.
(c) Limitation.--Except as provided in subsection (b)(4), the
entity may not use any of the funds made available through the grant
for direct services to children in kinship care families or to kinship
caregivers.

SEC. 108. ADMINISTRATION OF THE PROGRAM.

(a) Consultation.--In administering the program carried out under
this title, the Assistant Secretary for Children and Families shall
periodically consult with the Assistant Secretary for Aging of the
Department of Health and Human Services.
(b) Regulations and Guidance.--Not later than 90 days after the
date of enactment of this Act, the Assistant Secretary for Children and
Families shall issue regulations or guidance that announces the
availability of funds under this title and specifies the procedures for
applying for the funds.

SEC. 109. RESERVATION.

The Assistant Secretary may reserve not more than 1 percent of the
funds made available under this title for a fiscal year to provide
technical assistance to the recipients of grants under this title
related to the purposes of the grants.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title
$25,000,000 for fiscal year 2006, $50,000,000 for fiscal year 2007, and
$75,000,000 for fiscal year 2008.

TITLE II--SUBSIDIZED GUARDIANSHIP OPTION FOR TITLE IV-E

SEC. 201. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670-679b) is amended by inserting after section 472 the
following:

``SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

``(a) In General.--Each State with a plan approved under this part
may, at State option, enter into kinship guardianship assistance
agreements to provide kinship guardianship assistance payments on
behalf of children to grandparents and other relatives who have assumed
legal guardianship (as defined in section 475(7)) of the children for
whom they have cared as foster parents and for whom they have committed
to care for on a permanent basis.
``(b) Kinship Guardianship Assistance Agreement.--
``(1) In general.--In order to receive payments under
section 474(a)(5), a State shall--
``(A) negotiate and enter into a written kinship
guardianship assistance agreement with the prospective
relative guardian of a child who meets the requirements
of subsection (d);
``(B) provide the prospective relative guardian
with a copy of the agreement; and
``(C) certify that any child on whose behalf
kinship guardianship assistance payments are made under
such an agreement shall be provided medical assistance
under title XIX in accordance with section
1902(a)(10)(A)(i)(I).
``(2) Minimum requirements.--The agreement shall specify,
at a minimum--
``(A) the amount of, and manner in which, each
kinship guardianship assistance payment, if any, will
be provided under the agreement;
``(B) the additional services and assistance that
the child and relative guardian will be eligible for
under the agreement;
``(C) the procedure by which the relative guardian
may apply for additional services as needed, provided
the agency and relative guardian agree on the
additional services as specified in the case plan; and
``(D) subject to paragraph (4), that the State will
pay the nonrecurring expenses associated with obtaining
legal guardianship of the child.
``(3) Interstate application.--The agreement shall
provide--
``(A) that the agreement shall remain in effect
without regard to the State residency of the relative
guardian; and
``(B) for the protection (under an interstate
compact approved by the Secretary or otherwise) of the
interests of the child in any case where the relative
guardian and the child move to another State while the
agreement is in effect.
``(4) Nonrecurring expenses associated with obtaining legal
guardianship.--
``(A) In general.--For purposes of paragraph
(2)(D), the term `nonrecurring expenses associated with
obtaining legal guardianship' includes the reasonable
and necessary fees, court costs, attorneys' fees, and
other expenses that are directly related to obtaining
legal guardianship of the child and which are not
incurred in violation of Federal or State law.
``(B) Federal share.--A State's payment of the
nonrecurring expenses associated with obtaining legal
guardianship shall be treated as an expenditure made
for the proper and efficient administration of the
State plan under section 474(a)(3)(E).
``(c) Kinship Guardianship Assistance Payment.--
``(1) Requirements.--
``(A) In general.--The kinship guardianship
assistance payment shall be--
``(i) negotiated as part of the kinship
guardianship assistance agreement required
under subsection (b)(1)(A) between the relative
guardian and the State or local agency
responsible for administering such agreement;
``(ii) based on consideration of the
circumstances and the needs of the relative
guardian and of the child; and
``(iii) equal to the amount of the foster
care maintenance payment for which the child
would have been eligible if the child had
remained in foster care.
``(B) Readjustment.--The kinship guardianship
assistance payment may be readjusted periodically, with
the concurrence of the relative guardian, based on
relevant changes in the needs of the relative guardian
and of the child.
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), no kinship guardianship assistance
payment may be made to a relative guardian for any
child who has attained 18 years of age.
``(B) Exceptions.--A kinship guardianship
assistance payment may be made to a relative guardian
with respect to a child who--
``(i) is a full-time student in a secondary
school or in the equivalent level of a
vocational or technical training program and
has not attained 19 years of age; or
``(ii) with respect to a child who the
State determines has a mental or physical
disability that warrants the continuation of
assistance until the child attains 21 years of
age.
``(d) Child's Eligibility for a Kinship Guardianship Assistance
Payment.--
``(1) In general.--A child is eligible for a kinship
guardianship assistance payment under this section if the State
agency determines the following:
``(A) The child has been--
``(i) removed from his or her home pursuant
to a voluntary placement agreement or as a
result of a judicial determination to the
effect that continuation in the home would be
contrary to the welfare of the child;
``(ii) under the care of the State agency
for the 12-month period ending on the date of
the agency determination; and
``(iii) eligible for foster care
maintenance payments under section 472.
``(B) Being returned home or adopted are not
appropriate permanency options for the child.
``(C) The child demonstrates a strong attachment to
the prospective relative guardian and the relative
guardian has a strong commitment to caring permanently for the child.
``(D) With respect to a child who has attained 14
years of age, the child has been consulted regarding
the kinship guardianship arrangement.
``(2) Treatment of siblings.--With respect to a child
described in paragraph (1) whose sibling or siblings are not so
described--
``(A) the child and any minor sibling of the child
may be placed in the same kinship guardianship
arrangement if the State agency and the relative agree
on the appropriateness of the arrangement for the
siblings; and
``(B) kinship guardianship assistance payments may
be paid for the child and each sibling so placed.''.
(b) Maintaining Eligibility for Adoption Assistance Program.--
Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by adding at
the end the following:
``(7) The adoptive parents of a child who has been determined by
the State, pursuant to subsection (c), to be a child with special needs
and on whose behalf kinship guardianship assistance payments have been
made under section 472A shall be eligible for adoption assistance as if
no kinship guardianship agreement or payments had been made. The State
shall make payments of nonrecurring adoption expenses under this
section to the adoptive parents of such a child. The State may make
adoption assistance payments under this section even if the child fails
to meet the requirements of subparagraphs (A) and (B) of paragraph (2),
if the child would meet the requirements of such subparagraphs if the
child were treated as if the child were in the same financial and other
circumstances the child was in at the time the kinship guardianship
assistance agreement was made.
(c) Conforming Amendments.--
(1) State plan requirement.--Section 471(a)(20)(A) of such
Act (42 U.S.C. 671(a)(20)) is amended, in the matter preceding
clause (i), by striking ``foster or adoptive parent before the
foster or adoptive parent may be finally approved for placement
of a child on whose behalf foster care maintenance payments or
adoption assistance payments'' and inserting ``foster parent,
adoptive parent, or relative guardian before the foster parent,
adoptive parent, or relative guardian may be finally approved
for placement of a child on whose behalf foster care
maintenance payments, adoption assistance payments, or kinship
guardianship assistance payments''.
(2) Payments to states.--Section 474(a) of such Act (42
U.S.C. 674(a)) is amended--
(A) in paragraph (3)(B), by striking ``foster or
adoptive parents and the members of the staff of State-
licensed or State-approved child care institutions
providing care to foster and adopted children receiving
assistance under this part, in ways that increase the
ability of such current or prospective parents, staff
members, and institutions to provide support and
assistance to foster and adopted children,'' and
inserting ``foster parents, adoptive parents, or
relative guardians and the members of the staff of
State-licensed or State-approved child care
institutions providing care to foster children,
adoptive children, or children living with a relative
guardian receiving assistance under this part, in ways
that increase the ability of such current or
prospective parents, relative guardians, staff members,
and institutions to provide support and assistance to
foster children, adoptive children, or children living
with a relative guardian,'';
(B) in paragraph (4)(B), by striking the period at
the end and inserting ``; plus''; and
(C) by adding at the end the following:
``(5) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b)) of the total amount
expended during such quarter as kinship guardianship assistance
payments under section 472A pursuant to kinship guardianship
assistance agreements.''.
(3) Definitions.--Section 475(1) of such Act (42 U.S.C.
675(1)) is amended by adding at the end the following:
``(F) In the case of a child with respect to whom
the permanency plan is placement with a relative and
receipt of kinship guardianship assistance payments
under section 472A, a description of--
``(i) the steps that the agency has taken
to determine that it is not appropriate for the
child to be returned home or adopted;
``(ii) the reasons why a permanent
placement with a fit and willing relative
through a kinship guardianship assistance
arrangement is in the child's best interests;
``(iii) the ways in which the child meets
the eligibility requirements for a kinship
guardianship assistance payment;
``(iv) the efforts the agency has made to
discuss adoption by the child's relative foster
parent as a more permanent alternative to legal
guardianship and, in the case of a relative
foster parent who has chosen not to pursue
adoption, documentation of the reasons
therefor; and
``(v) the efforts made by the State agency
to secure the consent of the child's parent or
parents to the kinship guardianship assistance
arrangement, or the reasons why the efforts
were not made.''.
(d) Effective Date.--The amendments made by this section take
effect on October 1, 2005.

SEC. 202. KINSHIP GUARDIANSHIP DEMONSTRATION PROJECTS.

(a) Authority To Conduct Projects.--The Secretary shall enter into
agreements with eligible entities to conduct demonstration projects for
the purpose of providing kinship guardianship assistance payments on
behalf of children to grandparents and other relatives who have assumed
legal guardianship (as defined in section 475(7) of the Social Security
Act (42 U.S.C. 675(7)) of the children for whom they have cared as
foster parents and for whom they have committed to care for on a
permanent basis in large metropolitan areas located in States that have
not elected the option to provide kinship guardianship assistance
payments for children under section 472A of the Social Security Act (as
added by section 201).
(b) Terms and Conditions.--The terms and conditions applicable to
demonstration projects conducted under this section shall be
consistent, to the extent the Secretary determines appropriate, with
the terms and conditions applicable to the State option to provide
kinship guardianship assistance payments for children under section
472A of the Social Security Act.
(c) Report.--Not later than October 1, 2007, and annually
thereafter, the Secretary shall submit a report to Congress on the
demonstration projects conducted under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to conduct demonstration
projects under this section for fiscal years beginning with fiscal year
2006.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan agency, as defined in section
103(5); and
(B) any other entity that the Secretary determines
is qualified to conduct a demonstration project under
this section.
(2) Large metropolitan area.--The term ``large metropolitan
area'' has the meaning given that term in section 103(4).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.

TITLE III--NOTICE OF CHILDREN ENTERING FOSTER CARE

SEC. 301. NOTICE TO RELATIVES WHEN CHILDREN ENTER FOSTER CARE.

(a) In General.--Section 471(a)(19) of the Social Security Act 42
U.S.C. 671(a)(19)) is amended--
(1) by striking ``that the State'' and inserting ``that--
``(A) the State'';
(2) by adding ``and'' after the semicolon; and
(3) by adding at the end the following:
``(B) within 60 days of the removal of the child
from the custody of the child's parent or parents, the
State shall identify and give notice to all adult
grandparents and other adult relatives of the child
(including any other adult relatives suggested by the
parents), subject to exceptions due to family or
domestic violence, that--
``(i) specifies that the child has been or
is being removed from the custody of the
child's parent or parents; and
``(ii) explains the options the relative
has under Federal, State, and local law to
participate in the child's care and placement,
including any options that may be lost by
failing to respond to the notice;''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2005.

SEC. 302. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE
FOSTER FAMILY HOMES.

(a) In General.--Section 471(a)(10) of the Social Security Act (42
U.S.C. 671(a)(10)) is amended--
(1) by striking ``which shall be responsible'' and
inserting ``which--
``(A) shall be responsible'';
(2) by inserting ``and'' after the semicolon; and
(3) by adding at the end the following:
``(B) may--
``(i) establish and maintain separate
standards for foster family homes in which a
foster parent is a relative of the foster child
that, at a minimum, protect the safety of the
child and provide for criminal records checks,
as described in paragraph (20); and
``(ii) apply the standards referred to in
clause (i) to any such relative foster care
provider to whom funds are paid pursuant to
section 472 or part B in lieu of the standards
that would otherwise apply to a foster family
home;''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2005.
<all>