KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

SEC. 101. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.(a) State Plan Option.—Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended—(1) by striking “and” at the end of paragraph (26);(2) by striking the period at the end of paragraph (27) and inserting “; and”; and(3) by adding at the end the following:“(28) at the option of the State, provides for the State to 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 of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis, as provided in section 473(d).”.(b) In General.—Section 473 of such Act (42 U.S.C. 673) is amended by adding at the end the following:“(d) Kinship Guardianship Assistance Payments for Children.—“(1) Kinship guardianship assistance agreement.—“(A) In general.—In order to receive payments under section 474(a)(5), a State shall—“(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph; and“(ii) provide the prospective relative guardian with a copy of the agreement.“(B) Minimum requirements.—The agreement shall specify, at a minimum—“(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;“(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement;“(iii) the procedure by which the relative guardian may apply for additional services as needed; and“(iv) subject to subparagraph (D), that the State will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000.“(C) Interstate applicability.—The agreement shall provide that the agreement shall remain in effect without regard to the State residency of the relative guardian.122 STAT. 3951“(D) No effect on federal reimbursement.—Nothing in subparagraph (B)(iv) shall be construed as affecting the ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph.“(2) Limitations on amount of kinship guardianship assistance payment.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.“(3) Child’s eligibility for a kinship guardianship assistance payment.—“(A) In general.—A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following:“(i) 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; and“(II) eligible for foster care maintenance payments under section 472 while residing for at least 6 consecutive months in the home of the prospective relative guardian.“(ii) Being returned home or adopted are not appropriate permanency options for the child.“(iii) 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.“(iv) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.“(B) Treatment of siblings.—With respect to a child described in subparagraph (A) whose sibling or siblings are not so described—“(i) the child and any sibling of the child may be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State agency and the relative agree on the appropriateness of the arrangement for the siblings; and“(ii) kinship guardianship assistance payments may be paid on behalf of each sibling so placed.”.(c) Conforming Amendments.—(1) Eligibility for adoption assistance payments.—Section 473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended by adding at the end the following:“(D) In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.”.(2) State plan requirement.—(A) In general.—Section 471(a)(20) of such Act (42 U.S.C. 671(a)(20)) is amended—122 STAT. 3952(i) by adding “and” at the end of subparagraph (C); and(ii) by adding at the end the following:“(D) provides procedures for criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code), on any relative guardian, and for checks described in subparagraph (C) of this paragraph on any relative guardian and any other adult living in the home of any relative guardian, before the relative guardian may receive kinship guardianship assistance payments on behalf of the child under the State plan under this part;”.(B) Redesignation of new provision after amendment made by prior law takes effect.—(i) In general.—Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended—(I) in subparagraph (D), by striking “(C)” and inserting “(B)”; and(II) by redesignating subparagraph (D) as subparagraph (C).(ii) Effective date.—The amendments made by clause (i) shall take effect immediately after the amendments made by section 152 of Public Law 109–248 take effect.(3) Payments to states.—Section 474(a) of such Act (42 U.S.C. 674(a)) is amended—(A) by striking the period at the end and inserting “; plus”; and(B) by adding at the end the following:“(5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as kinship guardianship assistance payments under section 473(d) pursuant to kinship guardianship assistance agreements.”.(4) Case plan requirements.—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 473(d), 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 for any separation of siblings during placement;“(iii) 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;“(iv) the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment;“(v) the efforts the agency has made to discuss adoption by the child’s relative foster parent as a more 122 STAT. 3953 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“(vi) the efforts made by the State agency to discuss with the child’s parent or parents the kinship guardianship assistance arrangement, or the reasons why the efforts were not made.”.(5) Section heading amendment.—The section heading for section 473 of such Act (42 U.S.C. 673) is amended by inserting “and guardianship” after “adoption”.(d) Continued Services Under Waiver.—Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following:“(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State under section 1130, the expenditures of the State for the provision, to children who, as of September 30, 2008, were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State plan approved under this part.”.(e) Eligibility for Independent Living Services and Education and Training Vouchers for Children Who Exit Foster Care for Relative Guardianship or Adoption After Age 16.—(1) Independent living services.—Section 477(a) of such Act (42 U.S.C. 677(a)) is amended—(A) by striking “and” at the end of paragraph (5);(B) by striking the period at the end of paragraph (6) and inserting “; and”; and(C) by adding at the end the following:“(7) to provide the services referred to in this subsection to children who, after attaining 16 years of age, have left foster care for kinship guardianship or adoption.”.(2) Education and training vouchers.—Section 477(i)(2) of such Act (42 U.S.C. 677(i)(2)) is amended by striking “adopted from foster care after attaining age 16” and inserting “who, after attaining 16 years of age, are adopted from, or enter kinship guardianship from, foster care”.(f) Categorical Eligibility for Medicaid.—Section 473(b)(3) of such Act (42 U.S.C. 673(b)(3)) is amended—(1) in subparagraph (A)(ii), by striking “or” at the end;(2) in subparagraph (B), by striking the period and inserting “, or”; and(3) by adding at the end the following:“(C) with respect to whom kinship guardianship assistance payments are being made pursuant to subsection (d).”.