119-hr5583

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5583 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5583

To amend parts B and E of title IV of the Social Security Act to remove 
 barriers and encourage kinship guardianship, foster, or adoptive 
 placements for children who cannot be safely cared for in their own 
 homes, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 26, 2025

 Ms. Kamlager-Dove (for herself, Ms. Moore of Wisconsin, and Ms. 
 Scanlon) introduced the following bill; which was referred to the 
 Committee on Ways and Means

_______________________________________________________________________

 A BILL

To amend parts B and E of title IV of the Social Security Act to remove 
 barriers and encourage kinship guardianship, foster, or adoptive 
 placements for children who cannot be safely cared for in their own 
 homes, 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 ``Promoting Permanency Through Kinship 
Families Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) Reunification with parents, permanent placement with 
 extended family members, and adoption are all permanency 
 options for children who are in, or at risk for entering or re-
 entering, foster care.

    (2) The estimated lifetime cost of foster youth who age out 
 of foster care is approximately $6.9 billion. On an annual 
 basis, approximately 23,000 youth age out of foster care (reach 
 the maximum age a State will support them without reunification 
 with family or being placed in a permanent home) with no legal 
 family ties. Over 20 percent of youth who age out of foster 
 care become homeless, 60 percent of sex trafficked youth come 
 from foster care, and 25 percent of youth become involved in 
 the criminal justice system within 2 years of aging out of 
 foster care. When family reunification and kinship 
 guardianship, foster, and adoptive placements are promoted and 
 supported, children's family connections and family 
 relationships can reverse such adverse adult outcomes.

    (3) Foster care is intended to be temporary. The best 
 interests of children in safe, stable, and permanent placements 
 are paramount. At the same time, absent aggravating 
 circumstances, it is in the best interests of children for 
 parents to be provided individualized services, supports, and 
 time needed to address the reasons for foster care or other 
 temporary placements of their children.

    (4) Where kinship placements can safely be made, extended 
 family members available for such placements often face 
 financial and other barriers related to access to health and 
 mental health services and supports, crisis stabilization 
 services, and other service supports.

    (5) The United States has a unique and direct interest, as 
 trustee, in protecting the best interests of Indian children 
 including supporting safe and permanent placements that 
 preserve a child's sense of belonging and connection, including 
 to extended family when reunification with parents is not safe 
 or possible.

    (b) 

=== Purpose ===
-The purposes of this Act are to promote kinship care 
as an essential permanency option for children and youth, to remove 
barriers to children's safe care by relatives and fictive kin when such 
children cannot be safely cared for by their parents, and to support 
the provision of resources and services to kin caregivers.

SEC. 3. PROMOTING PERMANENCY PLACEMENTS FOR CHILDREN AND YOUTH.

    (a) State Plan Requirement Relating to Provision of Child Welfare 
Services.--

Section 422

    (b)

    (7) of the Social Security Act (42 U.S.C. 
622

    (b)

    (7) ) is amended by striking ``provide for the diligent 
recruitment'' and inserting ``substantiate with clear and convincing 
data and analysis that the agency administering or supervising the 
administration of the plan is addressing disproportionality in the 
State child welfare system, and disparities in access to community-
based services, array, and contracting, provide for locating and 
involving relatives and fictive kin as a regular and ongoing part of 
case planning, for addressing barriers to family involvement, and 
provide for the diligent recruitment''.

    (b) Foster Care and Adoption Assistance.--

Section 471

    (a)

    (19) of 
such Act (42 U.S.C. 671

    (a)

    (19) ) is amended by striking ``shall 
consider'' and inserting ``shall make and document prompt, active, and 
continuous efforts to identify and locate relatives or fictive kin as a 
potential kinship guardianship, foster or adoptive placement, and 
family support resources, and must consider''.
            (c) Case Review.--

Section 475

    (5)
        (A) of such Act (42 U.S.C. 
675

    (5)
        (A) ) is amended--

    (1) in clause
            (i) , by striking ``, and'' and inserting a 
 semicolon;

    (2) in clause
            (ii) , by striking the comma at the end and 
 inserting a semicolon; and

    (3) by adding at the end the following:
 ``
            (iii) if the State determines that 
 kinship guardianship, foster, or adoptive 
 placement with any relative or fictive kin is 
 not in the child's best interest or that the 
 relative or fictive kin does not meet the 
 requirements of a relative caregiver, documents 
 the basis for that determination with clear and 
 convincing evidence;
 ``
            (iv) if the State determines that the 
 child requires placement in an environment 
 other than a home environment, ensures that the 
 State shall make prompt, active, and continuous 
 efforts to identify and locate relatives or 
 fictive kin to serve as visitation resources of 
 the child and potential future placement 
 resources;
 ``
            (v) if the State determines that efforts 
 to identify and locate relatives and fictive 
 kin would be futile or inconsistent with the 
 child's best interests, documents the basis of 
 its determination with clear and convincing 
 evidence; and
 ``
            (vi) if the child is residing in a 
 kinship placement, describes reasonable efforts 
 the State will make to maintain the child in 
 the kinship home and not remove the child from 
 the kinship home except to effectuate a 
 permanency goal of reunification or upon a 
 showing by clear and convincing evidence that 
 remaining in the kinship placement is contrary 
 to the welfare of the child.''.
            (d) Greater Flexibility for States and Families.--

Section 475

    (5)
        (E) of the Social Security Act (42 U.S.C. 675

    (5)
        (E) ) is amended to read as 
follows:
 ``
        (E) in the case of a child who has been in foster 
 care under the responsibility of the State for 24 
 consecutive months, or, if a court of competent 
 jurisdiction has determined a child to be an abandoned 
 infant (as defined under State law) or has made a 
 determination that the parent has committed murder of 
 another child of the parent, committed voluntary 
 manslaughter of another child of the parent, aided or 
 abetted, attempted, conspired, or solicited to commit 
 such a murder or such a voluntary manslaughter, or 
 committed a felony assault that has resulted in serious 
 bodily injury to the child or to another child of the 
 parent, the State may file or join a petition for 
 modification or termination of parental rights and, 
 concurrently, identify, recruit, process, and approve a 
 qualified family (including the child's extended 
 family) for an adoption, only after demonstrating by 
 clear and convincing evidence that the State--
 ``
            (i) has demonstrated compelling reasons 
 why such modification or termination is in the 
 best interest of the child;
 ``
            (ii) has provided to the family of the 
 child such services, supports, and time needed 
 to address the reasons for the child's removal 
 and enable the family to safely reunify; and
 ``
            (iii) if the child is living with a 
 kinship (including fictive kinship) caregiver, 
 has provided a meaningful opportunity for such 
 caregiver to express an opinion as to whether 
 such modification or termination is in the best 
 interests of the child and has documented such 
 opinion in the case plan of the child;
 except that, in the case of a child to whom this 
 subparagraph applies solely because the child has been 
 in foster care under the responsibility of the State 
 for 24 consecutive months, the State may not file or 
 join such a petition if a parent of the child is 
 actively engaged in services to address the reasons the 
 child entered care (including treatment for substance 
 use disorder, mental health concerns, or parenting 
 skills), if based principally on the incarceration of a 
 parent, or if based principally on the detention of the 
 parent by the Department of Homeland Security or the 
 deportation of the parent;''.

    (e) Effective Date.--

    (1) In general.--The amendments made by this section shall 
 take effect on the first day of the first fiscal year beginning 
 on or after the date of the enactment of this Act, and shall 
 apply to payments under subpart 1 of part B and part E of title 
 IV of the Social Security Act for calendar quarters beginning 
 on or after such date.

    (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 
 subpart 1 of part B or 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 first day of the first calendar quarter beginning after the 
 first regular session of the State legislature that begins 
 after the date of the enactment of this Act. For purposes of 
 the preceding sentence, 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.

    (3) Application to programs operated by indian tribal 
 organizations.--In the case of an Indian tribe, tribal 
 organization, or tribal consortium which the Secretary of 
 Health and Human Services determines requires time to take 
 action necessary to comply with the additional requirements 
 imposed by the amendments made by this section (whether the 
 tribe, organization, or tribal consortium has a plan under 
 

section 479B of the Social Security Act or a cooperative 
 agreement or contract entered into with a State), the Secretary 
 shall provide the tribe, organization, or tribal consortium 
 with such additional time as the Secretary determines is 
 necessary for the tribe, organization, or tribal consortium to 
 take the action to comply with the additional requirements 
 before being regarded as failing to comply with the 
 requirements.

SEC. 4. CRIMINAL RECORDS CHECKS OF ALL KINSHIP CAREGIVERS.

    (a) In General.--

Section 471

    (a)

    (20) of the Social Security Act (42 
U.S.C. 671

    (a)

    (20) ) is amended--

    (1) in subparagraph
        (B) --
        (A) in clause
            (ii) , by striking ``and'' at the end;
        (B) in clause
            (iii) , by adding ``and'' at the end; 
 and
            (C) by adding at the end the following:
 ``
            (iv) have in place procedures to ensure that 
 kinship placement is not denied based on past 
 allegations or findings of abuse or neglect against a 
 caregiver or household member in the absence of 
 particularized information demonstrating that the 
 caregiver poses a current safety threat to the child or 
 that placement of the child with the caregiver would be 
 contrary to the welfare of the child.'';

    (2) in subparagraph
            (C) , by striking ``on any relative 
 guardian, and for checks'' and all that follows through ``under 
 this part'' and inserting ``on any kinship caregiver, including 
 in the case of a kinship foster, guardianship, or adoptive 
 placement, and for checks described in subparagraph
        (B) of this 
 paragraph on any such kinship caregiver and any other adult 
 living in the home of any such kinship caregiver, before the 
 kinship caregiver may receive kinship guardianship assistance 
 payments on behalf of the child under the State plan under this 
 part unless the State reports to the Secretary the alternative 
 criminal records checks the State conducts on any adult kinship 
 caregiver, and why the checks specified in this subparagraph 
 are not appropriate for the State, and procedures to ensure 
 that a past criminal record does not serve as a bar to kinship 
 licensing in the absence of particularized information 
 demonstrating that the caregiver or household member poses a 
 current safety threat to the child or that placement of the 
 child with the caregiver would be contrary to the welfare of 
 the child.''; and

    (3) by moving the margins for subparagraph
            (D) 2 ems to the 
 left.

    (b) No Effect on Character Investigations Under the Indian Child 
Protection and Family Violence Prevention Act.--Nothing in this Act or 
the amendments made by this Act shall be construed to modify the 
requirements relating to character investigations of kin or extended 
family under the Indian Child Protection and Family Violence Prevention 
Act.

SEC. 5. PROHIBITION ON IMPOSITION OF UPPER AGE LIMIT FOR KINSHIP 
 CAREGIVERS.

 

Section 471

    (a) of such Act (42 U.S.C. 671

    (a) ) is amended--

    (1) in paragraph

    (36) , by striking ``and'' at the end;

    (2) in paragraph

    (37) , by striking the period at the end 
 and inserting ``; and''; and

    (3) by adding at the end the following:
 ``

    (38) provides that the State shall have in effect such 
 laws and procedures as are necessary to ensure that the age of 
 an individual who has attained 18 years of age is disregarded 
 in determining--
 ``
        (A) whether the individual is qualified to be a 
 kinship caregiver for a child; and
 ``
        (B) the appropriate placement for a child for 
 whom placement with a kinship caregiver may be an 
 appropriate option.''.

SEC. 6. MANDATORY PARTICIPATION IN KINSHIP GUARDIANSHIP ASSISTANCE 
 PROGRAM.

    (a) In General.--

Section 471

    (a)

    (28) of such Act (42 U.S.C. 
671

    (a)

    (28) ) is amended by striking ``at the option of the State,''.

    (b) Eligibility.--

Section 473
            (d) (3)
        (A)
            (i) 
            (II) of the Social 
Security Act (42 U.S.C. 673
            (d) (3)
        (A)
            (i) 
            (II) ) is amended by striking 
``at least 6 consecutive months'' and inserting ``at least 3 
consecutive months''.

SEC. 7. ELIMINATION OF THE AFDC ELIGIBILITY REQUIREMENT FOR FOSTER CARE 
 MAINTENANCE PAYMENTS FOR CHILDREN PLACED IN A FOSTER 
 FAMILY HOME.

 

Section 472

    (a) of the Social Security Act (42 U.S.C. 14 672

    (a) ) is 
amended--

    (1) in paragraph

    (1) , in the matter preceding subparagraph
        (A) , by striking ``Each State'' and inserting ``Subject to 
 paragraph

    (5) , each State''; and

    (2) by adding at the end the following:
 ``

    (5) Elimination of the afdc eligibility requirement for 
 children placed in a foster family home.--Beginning on the 
 first day of the first fiscal year beginning on or after the 
 date of the enactment of the Promoting Permanency Through 
 Kinship Families Act, the AFDC eligibility requirement of 
 paragraph

    (3) shall no longer apply with respect to a child who 
 has been removed from the home of a relative or a caretaker 
 into foster care and placed in a foster family home. On and 
 after such date, each State with a plan approved under this 
 part shall make foster care maintenance payments on behalf of 
 each child who has been removed from the home of a relative or 
 caretaker into foster care and placed in a foster family home 
 (without regard to whether such removal and placement occurred 
 before, on, or after such date of enactment, if the removal and 
 foster care placement met, and continues to meet, the 
 requirements of paragraph

    (2) ).''.

SEC. 8. PROMOTING SAFE AND STABLE FAMILIES THROUGH KINSHIP PLACEMENT 
 SUPPORT SERVICES PROGRAMS.

    (a) Addition of Kinship Placement Support Services to the Promoting 
Safe and Stable Families Program.--

Section 431

    (a) of the Social 
Security Act (42 U.S.C. 629a

    (a) ) is amended--

    (1) in paragraph

    (1) , by striking ``(including adoptive and 
 extended families)'' and inserting ``(including kinship 
 guardians, adoptive, and extended families).''; and

    (2) by adding at the end the following:
 ``

    (13) Kinship placement support services.--
 ``
        (A) In general.--The term `kinship placement 
 support services' means the services and activities 
 described in subparagraph
        (B) that are provided on 
 behalf of children and youth in kinship care 
 arrangements, including kinship guardianship 
 placements, who are in, or at risk of entering or re-
 entering, foster care.
 ``
        (B) Services and activities described.--The 
 services and activities described in this subparagraph 
 are the following:
 ``
            (i) Crisis stabilization services, 
 including case management services designed to 
 stabilize families in crisis such as 
 transportation, assistance with housing and 
 utility payments, and access to adequate health 
 care, child care assistance, educational 
 resources, and establishing a kinship placement 
 crisis stabilization fund for purposes of 
 making direct cash payments to kin caregivers 
 for immediate needs of children placed with 
 such caregivers in order to facilitate kinship 
 placements and prevent the entry of children 
 into foster care.
 ``
            (ii) Family finding, including intensive 
 family-finding efforts that utilize search 
 technology to find biological family members 
 for children in, or at risk of entering, foster 
 care.
 ``
            (iii) Re-establishing family 
 relationships and supporting family group 
 decision-making.
 ``
            (iv) Other assistance or services related 
 to strengthening and supporting kinship 
 families, including families led by siblings, 
 to improve the well-being of children and their 
 kin caregivers, and, if requested, assistance 
 in becoming a licensed foster family home.''.

    (b) Maintenance of Effort Requirement.--

Section 432

    (a)

    (7) of such 
Act (42 U.S.C. 629b

    (a)

    (7) ) is amended--

    (1) in subparagraph
        (A) --
        (A) by striking ``assurances that Federal funds'' 
 and inserting ``assurances that--
 ``
            (i) Federal funds''; and
        (B) by adding at the end the following:
 ``
            (ii) the total amount of State expenditures made 
 for fiscal year 2026 and each fiscal year thereafter to 
 support kinship placements shall not be less than the 
 total amount of such expenditures made for fiscal year 
 2025; and''; and

    (2) in subparagraph
        (B) , by inserting ``and spending 
 requirements'' after ``prohibition''.
            (c) Conforming Amendments.--

    (1) Section 430 of such Act (42 U.S.C. 629) is amended--
        (A) in the matter preceding paragraph

    (1) , by 
 inserting ``kinship placement support services,'' after 
 ``family reunification services,'';
        (B) by redesignating paragraphs

    (3) and

    (4) as 
 paragraphs

    (4) and

    (5) , respectively; and
            (C) by inserting after paragraph

    (2) , the 
 following:
 ``

    (3) To support kinship placements to maintain family 
 connections while ensuring the safety and well-being of 
 children and youth and the well-being of their kin 
 caregivers.''.

    (2) Paragraphs

    (4) and

    (5) of 

section 432

    (a) of such Act 
 (42 U.S.C. 629b

    (a) ) are each amended by inserting ``kinship 
 placement support services,'' after ``family reunification 
 services,''.
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