119-hr5507

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5507 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5507

 To require States to measure and publicly report on the separation of 
children from parents by hidden foster care arrangements, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 19, 2025

 Mr. Moran introduced the following bill; which was referred to the 
 Committee on Ways and Means

_______________________________________________________________________

 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.

 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 ``Hidden Foster Care Transparency 
Act''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) CPS agency.--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.

    (2) Hidden foster care arrangement.--
        (A) In general.--The term ``hidden foster care 
 arrangement'' means any separation of a child from the 
 child's parents or primary caregivers that occurs 
 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. Such term includes a 
 separation of a child that occurs--
            (i) following a child protection hotline 
 call or during an investigation by a CPS 
 agency; or
            (ii) 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.
        (B) Included arrangements.--Such term includes--
            (i) 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
            (ii) 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.

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Health and Human Services.

    (4) State.--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.).

SEC. 3. STATE REPORTS ON HIDDEN FOSTER CARE ARRANGEMENTS.

 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--

    (1) the number of children separated from their parents by 
 a hidden foster care arrangement;

    (2) the number of hidden foster care arrangements that 
 ended without the child entering the formal foster care system;

    (3) the number of hidden foster care arrangements that 
 ended through the placement of the child into the formal foster 
 care system;

    (4) 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;

    (5) 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;

    (6) the result of any investigation leading to a hidden 
 foster care arrangement (whether an allegation is substantiated 
 or indicated or not substantiated or indicated);

    (7) how many parents--
        (A) were--
            (i) provided legal counsel; or
            (ii) referred to a legal services provider 
 before a hidden foster care arrangement began 
 or within 72 hours of such an arrangement; and
        (B) were actually represented by legal counsel 
 within 72 hours of such an arrangement;

    (8) 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;

    (9) the number of children who left hidden foster care 
 arrangements--
        (A) by reunification with the parent or guardian 
 from whom they were initially separated;
        (B) by returning to a different parent or guardian; 
 or
            (C) through--
            (i) a kinship caregiver obtaining legal 
 custody or guardianship outside of the foster 
 care system;
            (ii) entry in the foster care system and 
 placement with kin; and
            (iii) entry in the foster care system and 
 placement with someone else;

    (10) 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

    (11) a list of reports of substantiated abuse or neglect 
 made to a CPS agency within 3, 6, 9, or 12 months after a child 
 is identified as being in a hidden foster care arrangement, 
 where the child was living at time of report.

SEC. 4. SECRETARIAL RESPONSIBILITIES.

    (a) Annual Report to Congress on Hidden Foster Care Arrangement 
Practices.--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:

    (1) The total number of children for whom a hidden foster 
 care arrangement ended during the fiscal year reported on, and 
 of that number--
        (A) how many of the hidden foster care arrangement 
 ended without the child entering the formal foster care 
 system; and
        (B) how many of the hidden foster care arrangement 
 ended through the placement of the child into the 
 formal foster care system.

    (2) 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.

    (3) 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.

    (4) 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.).

    (b) Implementation.--

    (1) Consistent data.--The Secretary shall ensure that, to 
 the extent practicable, the data and information required to be 
 reported under 

section 3--
        (A) is collected and reported in a reliable and 
 standardized manner by all States;
        (B) provides a comprehensive, national picture of 
 the practice of hidden foster care arrangements; and
            (C) 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) ).

    (2) Guidance; technical assistance.--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.

    (3) Publication and manner of submission.--The Secretary--
        (A) 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
        (B) shall make each report submitted to Congress in 
 accordance with subsection

    (a) publicly available.
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