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Overview of P.L. 113-183: The Preventing Sex Trafficking and Strengthening Families Act’s Reasonable and Prudent Parenting Standard

• Awareness in support of State planning and implementation of the Reasonable and Prudent Parenting Standard (RPPS) of P.L. 113-183

• Introduce the Standard’s 5 Core Requirements

• Preview Forthcoming Opportunities

Objectives of the Webinar

P.L. 113-183 Preventing Sex Trafficking and Strengthening

Families Act

Elizabeth Loevner Children’s Bureau Policy Division

PROVISIONS RELATED TO TITLE IV-E/IV-B PROGRAMS EFFECTIVE UPON ENACTMENT

Title IV-E Adoption Assistance Program savings reporting • Revises the existing requirement for a title IV-E

agency to spend any savings generated from implementing the revised adoption assistance eligibility criteria on child welfare services that may be provided under titles IV-B and IV-E.

• Title IV-E agencies now must also: – calculate the savings from de-linking title IV-E adoption

assistance eligibility from the Aid to Families with Dependent Children (AFDC) eligibility requirements, and

– report the methodology used to calculate the savings, how savings are spent, and on what services.

• Effective 10/1/14.

Relative notification and sibling definition

• Modifies the relative notification provision to include notifying the parents of the child’s siblings. (sec. 471(a)(29))

• Defines sibling to mean an individual who is considered by State law to be a sibling or who would be considered a sibling under state law if it were not for a disruption in parental rights, such as TPR or death of parent. (sec. 475(12))

• Effective upon enactment

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Successor guardians • Allows continuation of title IV-E kinship guardianship

assistance payments if the relative guardian dies or is incapacitated and a successor legal guardian is named in the agreement (or any amendments to the agreement). (sec. 473(d)(3)(C))

• Effective upon enactment

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Family Connection Grants Program • Reauthorizes Family Connection Grants at the current

level of $15 million for 2014. (sec. 427) • Permits HHS to make family connection grants

available to institutions of higher education. • $5 million each FY for kinship navigator programs –

no longer required to reserve.

• Effective 10/1/13

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PROVISIONS RELATED TO TITLE IV-E/IV-B PROGRAMS EFFECTIVE ONE YEAR OR LATER AFTER ENACTMENT

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Title IV-E plan req: victims of sex trafficking

• Title IV-E agencies must develop and implement procedures to identify, document, and determine appropriate services for specific children who are at-risk of becoming sex trafficking victims or who are sex trafficking victims. (sec. 471(a)(9)(C))

• Title IV-E agencies must report annually to HHS the

total number of children and youth who are sex trafficking victims.

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Title IV-E plan req: victims of sex trafficking, cont. • Children:

– In the placement and care responsibility of the IV-E agency, – Not removed from home with an open case file, – Have run away from foster care and under age 18 or such

higher age elected under 475(8), – Not in foster care who are receiving Chafee services, and – under age 26 who were or were never in foster care.

(optional) • Within 1 year of enactment (by 9/29/15) must develop • Within 2 years of enactment (by 9/29/16) must

demonstrate implementing • Within 3 years of enactment (by 9/29/17) must report to

HHS total numbers

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Title IV-E plan req: victims of sex trafficking, cont. • Defines “sex trafficking victim” in SSA as a victim of

sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or a severe form of trafficking in persons (described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000). – Section 103(10) of TVPA: Sex trafficking means the

recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

– Section 103(9)(A) of TVPA: Severe forms of trafficking in persons means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.

• Effective upon enactment

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Title IV-E plan req: locate missing children in foster care • Title IV-E agencies must develop and implement

protocols to locate missing children from foster care and: – determine the factors that led to the child’s being absent from

foster care, – determine the child’s experiences while absent from care,

including whether the child is a sex trafficking victim, and – report any related information as required by HHS. (sec.

471(a)(35)(A))

• Within 1 year of enactment (by 9/29/15)

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Title IV-E plan req: report sex trafficking victims, missing, abducted children to law enforcement

• Title IV-E agencies must report immediately (no later than 24 hours) to law enforcement specific children or youth the agency identifies as being sex trafficking victims. (sec. 471(a)(34)(A))

• Title IV-E agencies must develop and implement protocols to report specific children or youth immediately (no later than 24 hours) as missing or abducted children to law enforcement for entry into the National Crime Information Center (NCIC) database. (sec. 471(a)(35)(B))

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Title IV-E plan req: report sex trafficking victims, missing, abducted children to law enforcement, cont. • Children:

– In the placement and care responsibility of the IV-E agency, – Not removed from home with an open case file, – Have run away from foster care and under age 18 or such

higher age elected under 475(8), and – Not in foster care who are receiving Chafee services.

• Within 2 years of enactment (by 9/29/16)

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New APPLA requirements • Limits APPLA as a permanency plan only for youth

age 16 and older (section 475(5)(C)(i)). • Tribal title IV-E/IV-B agencies have 3 years to

implement the limit on APPLA as a permanency plan for youth age 16 and older

• Effective 9/29/15

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New APPLA requirements, cont. • For children in foster care with a permanency plan of

APPLA, the title IV-E agency must at each permanency hearing: – document the efforts to place a child permanently with a

parent, relative, or in a guardianship or adoptive placement (sections 475(5)(C)(i) and 475A(A)(1)).

• This requirement is similar to the existing requirements in

475(5)(C)(i) and 1356.21(b)(3) that require that the IV-E agency document to the court a compelling reason for APPLA as a permanency plan.

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New APPLA requirements, cont. • For children in foster care with a permanency plan of

APPLA, the title IV-E agency must at each permanency hearing: – ensure that the court or administrative body asks the child

about his/her desired permanency outcome and makes a judicial determination that:

• APPLA is the best permanency plan for the child and • there are compelling reasons why it’s not in the best

interest of the child to be placed permanently with a parent, relative, or in a guardianship or adoptive placement (section 475A(a)(2)).

• This requirement is similar to the requirements in 471(a)(15) and 13561.21(b)(2) to make judicial determination for reasonable efforts to finalize a permanency plan.

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New APPLA requirements, cont. • For children in foster care with a permanency plan of

APPLA, the title IV-E agency must at each permanency hearing: – document the steps the agency is taking to ensure that the

foster family follows the “reasonable and prudent parent standard” in allowing the child to have regular opportunities to engage in “age- or developmentally-appropriate activities” (also required at the 6 month periodic review). (sections 475(5)(B) and 475A(a)(3))

• Effective 9/29/15

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Reasonable and prudent parent standard

• The “reasonable and prudent parent standard” is defined as: “the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver (a foster parent of a child or designated official of a child care institution in which a child in foster care has been placed) shall use when determining whether to allow a child in foster care under the responsibility of the title IV-E agency to participate in extracurricular, enrichment, cultural, and social activities.” (section 475(10))

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Reasonable and prudent parent standard, cont. • Title IV-E agencies must:

– require state and tribal licensing authorities to permit the use of the “reasonable and prudent parenting standard” and to have policies to ensure appropriate caregiver liability when approving an activity for a foster youth using the standard;

– require child care institutions to have an on-site official authorized to apply the standard, certify that foster parents have skills and knowledge on the standard, and require that the authorized official have the same training as foster parents. (section 475(10))

• HHS must provide TA on best practices to help foster parents in applying the reasonable and prudent parent standard. (section 111(a)(3) of P.L. 113-183)

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New title IV-E/IV-B requirements for children age 14+ • For children age 14 and older, the title IV-B/IV-E agency

must: – document the child’s education, health, visitation, and court

participation rights, the right to receive a credit report annually, and a signed acknowledgement that the child was provided these rights and that they were explained in an age appropriate way in the case plan (section 475A);

– develop the case plan and permanency plan in consultation with the child and, at the option of the child, 2 members of the case planning team who are not the caseworker or foster parent (sections 475(1)(B) and (5)(C)(iv));

– describe the services to help the youth transition to successful adulthood in the case plan and permanency hearing (formerly at age 16) (sections 475(1)(D) and (5)(C)(i)); and

– provide a copy of the child’s credit report annually and assist in fixing any inaccuracies (formerly age 16). (section 475(I))

• Effective 9/29/15

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Providing important documents to youth aging out of foster care • Title IV-B/IV-E agencies must provide a youth aging

out of foster care at age 18 (or 19, 20 or 21 as elected by the agency under section 475(8) of the Act) with his/her: – birth certificate, – Social Security card, – driver’s license or identification card, – health insurance information, and – medical records.

• Children who have been in foster care for less than 6 months are exempt. (475(5)(I))

• Effective 9/29/15

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Adoption and Foster Care Analysis and Reporting System (AFCARS)

• Title IV-E agencies must report information on children in foster care: – who are identified as sex trafficking victims before entering

foster care and while in foster care; – who entered after a finalized adoption or legal guardianship.

(sec. 479) • Effective upon enactment

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Chafee Foster Care Independence Program (CFCIP) changes • Purposes of the CFCIP now include ensuring that

children who are likely to remain in foster care until age 18 have on-going opportunities to engage in “age- or developmentally-appropriate” activities. (section 477(a)(8))

• Beginning FY2020, the appropriation increases by $3M to $143M. (section 477(h)(1))

• Effective 9/29/15

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Adoption and Guardianship Incentive Program • Applies to state title IV-E agencies only (sec. 473A) • Reauthorizes at the current level of $43 million for

each FY through 2016 • Phases in new categories/awards in 10/1/14 • Allows states to spend the money over a 36 month

period instead of a 24 month period – 10/1/13 • Does not allow states to use incentive payments to

supplant federal or non-federal funds for services under part B or E – applicable to awards for FY 14

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HHS REQUIREMENTS

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Child welfare outcomes report • Additional data in child welfare outcomes report

including data on children in foster care: – who are pregnant or parenting. – who are placed in a child care institution or other non-foster

family home setting including: • the number of children in the placement, their ages, and

whether they have a permanency plan of APPLA, • their duration in placement and the type of child care

institution, • the number of foster children in each setting, and • any clinically diagnosed special need and the extent of

special education or services provided in the placement. (section 479A)

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Reports to Congress • HHS must report to Congress on:

– children who run away from foster care and their risk of being sex trafficking victims, their characteristics, factors associated with running away, experiences while absent from care, and trends, among other things (due 9/29/16). (section 105 of P.L. 113-183)

– agencies’ implementation of and best practices for the case planning amendments regarding APPLA and children age 14+ (due 9/29/17). (section 113(e) of P.L. 113-183)

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National Advisory Committee on the Sex Trafficking of Children and Youth in the United States • HHS must establish and appoint a National Advisory

Committee on the Sex Trafficking of Children and Youth in the United States to, among other things, advise on practical and general policies on improving the national response to sex trafficking and develop best practices. – 21 members, appointed in consultation with the AG and NGA

• Within 2 years of enactment (by 9/29/16) establish and appoint members

• Committee terminates 5 years after establishment (section 1114A)

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GUIDANCE AND RESOURCES

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Program Instructions and Information Memoranda • ACYF-CB-IM-14-03

– Summarizes P.L. 113-183.

• ACYF-CB-PI-14-06 – Provides guidance on relative notification, sibling definition, and successor

guardian provisions.

• ACYF-CB-PI-15-03 and 15-04 – Provides instructions on submission of the Annual Progress and Service

Report (APSR) and includes updates needed based on P.L. 113-183.

• ACYF-CB-PI-15-06 – Provides instruction on the adoption savings calculation methodology as

required by P.L. 113-183.

• ACYF-CB-PI-15-07 – Provides instruction on the changes to title IV-E plan requirements as a result

of P.L. 113-183 that are effective as of September 29, 2015 and later, and provides an updated title IV-E pre-print.

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Child Welfare Policy Manual Updates • We have published new questions and answers in the Child

Welfare Policy Manual to address provisions added by P.L. 113-183, on topics including: • successor guardians • reasonable and prudent parent standard • APPLA requirements • foster child rights • providing important documents to youth leaving foster care

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Resources • Children’s Bureau Website

– http://www.acf.hhs.gov/programs/cb

• Child Welfare Policy Manual – http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws

/cwpm/

• Program Instructions and Information Memoranda – http://www.acf.hhs.gov/programs/cb/laws-policies/policy-

program-issuances • My email

– elizabeth.sharp@acf.hhs.gov

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• What guidance exists for states on the policy and training provisions related to reasonable and prudent parenting (including training for caseworkers, prospective foster parents, and already approved foster parents)?

• What funds should be used to pay for activities associated with the Prudent Parenting Standard?

• Will there be examples of how to implement prudent parenting into policies and procedures?

Q & A

Q & A

Please type your questions in the GoToWebinar Chat or Questions pane.

For those questions we are unable to answer today, we will address following the event.

• Provide guidance for convening a “Normalcy”

summit in your State • Resources and components:

Youth Advisory Boards Youth Bill of Rights Web Resources State Policies Program Models

How the Capacity Building Center for States Can Assist

Today’s materials can be found at the GoToWebinar ‘Handouts’ tab • PowerPoint Presentation • ACYF-CB-IM-14-03 • ACYF-CB-PI-14-06 • ACYF-CB-PI-15-07

Center for States Contact Information: Website: https://capacity.childwelfare.gov/ Email: capacityinfo@icfi.com Toll-free Telephone: 1-844-222-0272

Contact Us

Program Area Manager - Youth Development Matthew Hudson Matthew.Hudson@icfi.com

Program Area Advisors - Youth Development

Peter R. Correia, III Peter.Correia@icfi.com Lynne Wright Lynne.Wright@icfi.com

Program Area Advisors - Foster Care

Millicent Williams Millicent.Williams@icfi.com Joan Morse Joan.Morse@icfi.com

Children’s Bureau Leads

Catherine Heath Catherine.Heath@acf.hhs.gov Taffy Compain Taffy.Compain@acf.hhs.gov