PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.

SEC. 4. [42 U.S.C. 671 note] PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC. (a) Addressing Foster Care Age Restrictions During the Pandemic.—A State operating a program under part E of title IV of the Social Security Act may not require a child who is in foster care under the responsibility of the State to leave foster care solely by reason of the child’s age. A child may not be found ineligible for foster care maintenance payments under section 472 of such Act solely due to the age of the child or the failure of the child to meet a condition of section 475(8)(B)(iv) of such Act before October 1, 2021. (b) Re-entry to Foster Care for Youth Who Age Out During the Pandemic.—A State operating a program under the State plan approved under part E of title IV of the Social Security Act (and without regard to whether the State has exercised the option provided by section 475(8)(B) of such Act to extend assistance under such part to older children) shall— (1) permit any youth who left foster care due to age during the COVID-19 public health emergency to voluntarily re-enter foster care; (2) provide to each such youth who was formally discharged from foster care during the COVID-19 public health emergency, a notice designed to make the youth aware of the option to return to foster care; (3) facilitate the voluntary return of any such youth to foster care; and (4) conduct a public awareness campaign about the option to voluntarily re-enter foster care for youth who have not attained 22 years of age, who aged out of foster care in fiscal year 2020 or fiscal year 2021, and who are otherwise eligible to return to foster care. (c) Protections for Youth in Foster Care.—A State operating a program under the State plan approved under part E of title IV of the Social Security Act shall— (1) continue to ensure that the safety, permanence, and well-being needs of older foster youth, including youth who remain in foster care and youth who age out of foster care during that period but who re-enter foster care pursuant to this section, are met; and (2) work with any youth who remains in foster care after attaining 18 years of age (or such greater age as the State may have elected under section 475(8)(B)(iii) of such Act) to develop, or review and revise, a transition plan consistent with the plan referred to in section 475(5)(H) of such Act, and assist the youth with identifying adults who can offer meaningful, permanent connections. (d) Authority to Use Additional Funding for Certain Costs Incurred to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth in Care During the Pandemic.— (1) In general.—Subject to paragraph (2) of this subsection, a State to which additional funds are made available as a result of section 3(a) may use the funds to meet any costs incurred in complying with subsections (a), (b), and (c) of this section. (2) Restrictions.— (A) The costs referred to in paragraph (1) must be incurred after the date of the enactment of this section and before October 1, 2021. (B) The costs of complying with subsection (a) or (c) of this section must not be incurred on behalf of children eligible for foster care maintenance payments under section 472 of the Social Security Act, including youth who have attained 18 years of age who are eligible for the payments by reason of the temporary waiver of the age requirement or the conditions of section 475(8)(B)(iv) of such Act. (C) A State shall make reasonable efforts to ensure that eligibility for foster care maintenance payments under section 472 of the Social Security Act is determined when a youth remains in, or re-enters, foster care as a result of the State complying with subsections (a) and (c) of this section. (D) A child who re-enters care during the COVID-19 public health emergency period may not be found ineligible for foster care maintenance payments under section 472 of the Social Security Act solely due to age or the requirements of section 475(8)(B)(iv) of such Act before October 1, 2021. (e) Termination of Certain Provisions.—The preceding provisions of this section shall have no force or effect after September 30, 2021.