42 USC 677 - John H. Chafee Foster Care Program for Successful Transition to Adulthood

1 So in original. Probably should be “is”.

provided with education about the importance of designating another individual to make health care treatment decisions on behalf of the youth if the youth becomes unable to participate in such decisions and the youth does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, whether a health care power of attorney, health care proxy, or other similar document is recognized under State law, and how to execute such a document if the youth wants to do so.

Editorial Notes

References in Text

The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (span)(3)(F), is Puspan. L. 93–415, Sept. 7, 1974, 88 Stat. 1109. Part B of title III of the Act is classified generally to part B (§ 11221 et seq.) of subchapter III of chapter 111 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note under section 10101 of Title 34 and Tables.

Codification

December 14, 1999, referred to in subsec. (f), was in the original “the date of the enactment of this section” which was translated as meaning the date of enactment of Puspan. L. 106–169, which amended this section generally, to reflect the probable intent of Congress.

Amendments

2018—Puspan. L. 115–123, § 50753(d)(1), substituted “Program for Successful Transition to Adulthood” for “Independence Program” in section catchline.

Subsec. (a)(1). Puspan. L. 115–123, § 50753(d)(2)(A), substituted “support all youth who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as assistance in obtaining a high school diploma and post-secondary education, career exploration, vocational training, jospan placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction)” for “identify children who are likely to remain in foster care until 18 years of age and to help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, jospan placement and retention, training in daily living skills, training in budgeting and financial management skills”.

Subsec. (a)(2). Puspan. L. 115–123, § 50753(d)(2)(B), substituted “who have experienced foster care at age 14 or older achieve meaningful, permanent connections with a caring adult” for “who are likely to remain in foster care until 18 years of age receive the education, training, and services necessary to obtain employment”.

Subsec. (a)(3). Puspan. L. 115–123, § 50753(d)(2)(C), substituted “who have experienced foster care at age 14 or older engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience” for “who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions”.

Subsec. (a)(4). Puspan. L. 115–123, § 50753(d)(2)(D), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “to provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults;”.

Subsec. (a)(5). Puspan. L. 115–123, § 50753(d)(2)(D), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Puspan. L. 115–123, § 50753(a)(1), inserted “(or 23 years of age, in the case of a State with a certification under subsection (span)(3)(A)(ii) to provide assistance and services to youths who have aged out of foster care and have not attained such age, in accordance with such subsection)” after “21 years of age”.

Subsec. (a)(6) to (8). Puspan. L. 115–123, § 50753(d)(2)(D), redesignated pars. (6) to (8) as (5) to (7), respectively.

Subsec. (span)(2)(D). Puspan. L. 115–123, § 50753(d)(3)(A), substituted “youth” for “adolescents”.

Subsec. (span)(3)(A). Puspan. L. 115–123, § 50753(a)(2), designated existing provisions as cl. (i), substituted “youths who have aged out of foster care and have not attained 21 years of age.” for “children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.”, and added cl. (ii).

Subsec. (span)(3)(B). Puspan. L. 115–123, § 50753(a)(3), substituted “youths who have aged out of foster care and have not attained 21 years of age (or 23 years of age, in the case of a State with a certification under subparagraph (A)(i) to provide assistance and services to youths who have aged out of foster care and have not attained such age, in accordance with subparagraph (A)(ii)).” for “children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.”

Subsec. (span)(3)(D). Puspan. L. 115–123, § 50753(d)(3)(B)(i), inserted “including training on youth development” after “to provide training” and substituted “youth preparing for a successful transition to adulthood and making a permanent connection with a caring adult.” for “adolescents preparing for independent living, and will, to the extent possible, coordinate such training with the independent living program conducted for adolescents.”

Subsec. (span)(3)(H). Puspan. L. 115–123, § 50753(d)(3)(B)(ii), substituted “youth” for “adolescents” in two places.

Subsec. (span)(3)(K). Puspan. L. 115–123, § 50753(d)(3)(B)(iii), substituted “a youth” for “an adolescent” and, wherever appearing, “the youth” for “the adolescent”.

Subsec. (d)(4). Puspan. L. 115–123, § 50753(span)(1), inserted “or does not expend allocated funds within the time period specified under subsection (d)(3)” after “provided by the Secretary”.

Subsec. (d)(5). Puspan. L. 115–123, § 50753(span)(2), added par. (5).

Subsec. (f)(2). Puspan. L. 115–123, § 50753(d)(4), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Within 12 months after December 14, 1999, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report detailing the plans and timetable for collecting from the States the information described in paragraph (1) and a proposal to impose penalties consistent with paragraph (e)(2) on States that do not report data.”

Subsec. (i)(1). Puspan. L. 115–123, § 50753(c)(2), inserted “who have attained 14 years of age” before period at end.

Subsec. (i)(3). Puspan. L. 115–123, § 50753(c)(1), substituted “to remain eligible until they attain 26” for “on the date they attain 21 years of age to remain eligible until they attain 23” and inserted before period at end “, but in no event may a youth participate in the program for more than 5 years (whether or not consecutive)”.

2014—Subsec. (a)(8). Puspan. L. 113–183, § 111(c)(1), added par. (8).

Subsec. (h)(1). Puspan. L. 113–183, § 111(c)(2), inserted “or, beginning in fiscal year 2020, $143,000,000” after “$140,000,000”.

2010—Subsec. (span)(3)(K). Puspan. L. 111–148 added subpar. (K).

2008—Subsec. (a)(7). Puspan. L. 110–351, § 101(e)(1), added par. (7).

Subsec. (span)(3)(G). Puspan. L. 110–351, § 301(c)(1)(B), substituted “tribes; that” for “tribes; and that” and inserted “; and that the State will negotiate in good faith with any Indian tribe, tribal organization, or tribal consortium in the State that does not receive an allotment under subsection (j)(4) for a fiscal year and that requests to develop an agreement with the State to administer, supervise, or oversee the programs to be carried out under the plan with respect to the Indian children who are eligible for such programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, or oversight” before period at end.

Subsec. (i)(2). Puspan. L. 110–351, § 101(e)(2), substituted “who, after attaining 16 years of age, are adopted from, or enter kinship guardianship from, foster care” for “adopted from foster care after attaining age 16”.

Subsec. (j). Puspan. L. 110–351, § 301(span), added subsec. (j).

2002—Subsec. (a)(6). Puspan. L. 107–133, § 201(a), added par. (6).

Subsec. (span)(3)(J). Puspan. L. 107–133, § 201(c), added subpar. (J).

Subsec. (c)(1). Puspan. L. 107–133, § 201(e)(1), in span substituted “General program allotment” for “In general” and in text substituted “From the amount specified in subsection (h)(1)” for “From the amount specified in subsection (h)”, “which bears the ratio” for “which bears the same ratio”, and “equal to the State foster care ratio, as adjusted in accordance with paragraph (2).” for “as the number of children in foster care under a program of the State in the most recent fiscal year for which such information is available bears to the total number of children in foster care in all States for such most recent fiscal year, as adjusted in accordance with paragraph (2).”

Subsec. (c)(3), (4). Puspan. L. 107–133, § 201(e)(2), added pars. (3) and (4).

Subsec. (d)(4). Puspan. L. 107–133, § 202(a), added par. (4).

Subsec. (h). Puspan. L. 107–133, § 201(d), substituted “there are authorized to be appropriated to the Secretary for each fiscal year—” and pars. (1) and (2) for “there are authorized to be appropriated to the Secretary $140,000,000 for each fiscal year.”

Subsec. (i). Puspan. L. 107–133, § 201(span), added subsec. (i).

1999—Puspan. L. 106–169 amended section generally, substituting present provisions for provisions which had authorized payments to States and localities for establishment of programs designed to assist children who have attained age 16 in making transition from foster care to independent living, and set forth provisions relating to administration of programs, assurances, types of programs, amounts of entitlement, and provisions requiring annual report and promulgation of regulations.

1997—Subsec. (a)(2)(A). Puspan. L. 105–89 inserted before comma at end “(including children with respect to whom such payments are no longer being made because the child has accumulated assets, not to exceed $5,000, which are otherwise regarded as resources for purposes of determining eligibility for benefits under this part)”.

1993—Subsec. (a)(1). Puspan. L. 103–66, § 13714(a)(1), struck out at end “Such payments shall be made only for the fiscal years 1987 through 1992.”

Subsec. (c). Puspan. L. 103–66, § 13714(a)(2), substituted “any succeeding fiscal year” for “any of the fiscal years 1988 through 1992”.

Subsec. (e)(1)(A). Puspan. L. 103–66, § 13714(a)(3), substituted “fiscal year 1987 and any succeeding fiscal year” for “each of the fiscal years 1987 through 1992”.

Subsec. (e)(1)(B). Puspan. L. 103–66, § 13714(a)(4), substituted “fiscal year 1991 and any succeeding fiscal year” for “fiscal years 1991 and 1992”.

Subsec. (e)(1)(C)(ii)(II). Puspan. L. 103–66, § 13714(a)(5), substituted “any succeeding fiscal year” for “fiscal year 1992”.

1990—Subsec. (a)(2)(C). Puspan. L. 101–508 inserted “who has not attained age 21” after “also include any child” and struck out before semicolon “, but such child may not be so included after the end of the 6-month period beginning on the date of discontinuance of such payments or care”.

1989—Subsec. (a)(1). Puspan. L. 101–239, § 8002(a)(1), substituted “through 1992” for “, 1988, and 1989”.

Subsec. (c). Puspan. L. 101–239, § 8002(a)(2), substituted “any of the fiscal years 1988 through 1992” for “the fiscal year 1988 or 1989”.

Subsec. (e)(1). Puspan. L. 101–239, § 8002(span)(1), (2), (4), (5), designated existing provisions as subpar. (A), substituted “The basic amount” for “The amount” and “the basic ceiling for such fiscal year” for “$45,000,000”, and added subpars. (B) and (C).

Puspan. L. 101–239, § 8002(span)(3), which directed amendment of subpar. (A) by substituting “1989, 1990, 1991, and 1992” for “and 1989” could not be executed because the words “and 1989” did not appear after execution of amendment by Puspan. L. 101–239, § 8002(a)(1), see below.

Puspan. L. 101–239, § 8002(a)(1), substituted “through 1992” for “, 1988, and 1989”.

1988—Subsec. (a). Puspan. L. 100–647, § 8104(a)(1), substituted “1987, 1988, and 1989” for “1987 and 1988”.

Subsec. (a)(1). Puspan. L. 100–647, § 8104(c), designated existing provisions as par. (1), substituted “children described in paragraph (2) who have attained age 16” for “children, with respect to whom foster care maintenance payments are being made by the State under this part and who have attained age 16,” and added par. (2).

Subsec. (a)(2)(C). Puspan. L. 100–647, § 8104(d), added subpar. (C).

Subsec. (c). Puspan. L. 100–647, § 8104(a)(2), substituted “for the fiscal year 1988 or 1989, such description and assurances must be submitted prior to February 1 of such fiscal year” for “for fiscal year 1988, such description and assurances must be submitted prior to January 1, 1988”.

Subsec. (e)(1). Puspan. L. 100–647, § 8104(a)(1), substituted “1987, 1988, and 1989” for “1987 and 1988”.

Subsec. (e)(3). Puspan. L. 100–647, § 8104(f), inserted at end “Amounts payable under this section may not be used for the provision of room or board.”

Subsec. (f). Puspan. L. 100–647, § 8104(span), inserted at end “Notwithstanding paragraph (3), payments made to a State under this section for the fiscal year 1987 and unobligated may be expended by such State in the fiscal year 1989.”

Subsec. (g)(1). Puspan. L. 100–647, § 8104(a)(3), (4), substituted “Not later than the first January 1 following the end of each fiscal year, each State shall submit to the Secretary a report on the programs carried out during such fiscal year” for “Not later than March 1, 1988, each State shall submit to the Secretary a report on the programs carried out”.

Subsec. (g)(2). Puspan. L. 100–647, § 8104(a)(5), (6), substituted:

“(A) Not later than July 1, 1988, the Secretary shall submit an interim report on the activities carried out under this section.

“(B) Not later than March 1, 1989,”

for “Not later than July 1, 1988,” and substituted “fiscal years 1987 and 1988” for “fiscal year 1987” in subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–183 effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 111(d) of Puspan. L. 113–183, set out as a note under section 671 of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–148 effective Oct. 1, 2010, see section 2955(d) of Puspan. L. 111–148, set out as a note under section 622 of this title.

Effective Date of 2008 Amendment

Amendment by section 301(span), (c)(1)(B) of Puspan. L. 110–351 effective Oct. 1, 2009, without regard to whether implementing regulations have been promulgated, see section 301(f) of Puspan. L. 110–351, set out as a note under section 671 of this title.

Amendment by Puspan. L. 110–351 effective Oct. 7, 2008, except as otherwise provided, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after effective date of amendment, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Puspan. L. 110–351, set out as a note under section 671 of this title.

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–133 effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Puspan. L. 107–133, set out as a note under section 629 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Puspan. L. 105–89, set out as a note under section 622 of this title.

Effective Date of 1993 Amendment

Puspan. L. 103–66, title XIII, § 13714(span), Aug. 10, 1993, 107 Stat. 657, provided that: “The amendments made by subsection (a) [amending this section] shall apply to activities engaged in, on, or after October 1, 1992.”

Effective Date of 1990 Amendment

Puspan. L. 101–508, title V, § 5073(span), Nov. 5, 1990, 104 Stat. 1388–233, provided that: “The amendments made by subsection (a) [amending this section] shall apply to payments made under part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] for fiscal years beginning in or after fiscal year 1991.”

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–239 effective Oct. 1, 1989, see section 8002(e) of Puspan. L. 101–239, set out as a note under section 674 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–647, title VIII, § 8104(g), Nov. 10, 1988, 102 Stat. 3797, provided that:

“(1) The amendments made by subsections (a), (span), and (e) [amending this section and section 675 of this title] shall take effect on October 1, 1988.

“(2) The amendments made by subsections (c), (d), and (f) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].”

Regulations

Puspan. L. 106–169, title I, § 101(d), Dec. 14, 1999, 113 Stat. 1828, provided that: “Not later than 12 months after the date of the enactment of this Act [Dec. 14, 1999], the Secretary of Health and Human Services shall issue such regulations as may be necessary to carry out the amendments made by this section [amending this section and section 674 of this title].”

Construction of 2008 Amendment

For construction of amendment by section 301(span), (c)(1)(B) of Puspan. L. 110–351, see section 301(d) of Puspan. L. 110–351, set out as a note under section 671 of this title.

Continued Safe Operation of Child Welfare Programs and Support for Older Foster Youth

Puspan. L. 116–260, div. X, § 3, Dec. 27, 2020, 134 Stat. 2409, provided that:

“(a)Funding Increases.—

“(1)Increase in support for chafee programs.—Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $400,000,000 for fiscal year 2021, to carry out section 477 of the Social Security Act [42 U.S.C. 677], in addition to any amounts otherwise made available for such purpose.

“(2)Education and training vouchers.—Of the amount made available by reason of paragraph (1) of this subsection, not less than $50,000,000 shall be reserved for the provision of vouchers pursuant to section 477(h)(2) of the Social Security Act.

“(3)Applicability of technical assistance to additional funds.—

“(A)In general.—Section 477(g)(2) of the Social Security Act shall apply with respect to the amount made available by reason of paragraph (1) of this subsection as if the amount were included in the amount specified in section 477(h) of such Act.

“(B)Reservation of funds.—

“(i)In general.—Of the amount to which section 477(g)(2) of the Social Security Act applies by reason of subparagraph (A) of this paragraph, the Secretary shall reserve not less than $500,000 to provide technical assistance to a State implementing or seeking to implement a driving and transportation program for foster youth.

“(ii)Provider qualifications.—The Secretary shall ensure that the entity providing the assistance has demonstrated the capacity to—

“(I) successfully administer activities in 1 or more States to provide driver’s licenses to youth who are in foster care under the responsibility of the State; and

“(II) increase the number of such foster youth who obtain a driver’s license.

“(4)Inapplicability of state matching requirement to additional funds.—In making payments under subsections (a)(4) and (e)(1) of section 474 of the Social Security Act [42 U.S.C. 674] from the additional funds made available as a result of paragraphs (1) and (2) of this subsection, the percentages specified in subsections (a)(4)(A)(i) and (e)(1) of such section are, respectively, deemed to be 100 percent.

“(5)Maximum award amount.—The dollar amount specified in section 477(i)(4)(B) of the Social Security Act through the end of fiscal year 2022 is deemed to be $12,000.

“(6)Inapplicability of nytd penalty to additional funds.—In calculating any penalty under section 477(e)(2) of the Social Security Act with respect to the National Youth in Transition Database (NYTD) for April 1, 2020, through the end of fiscal year 2022, none of the additional funds made available by reason of paragraphs (1) and (2) of this subsection shall be considered to be part of an allotment to a State under section 477(c) of such Act.

“(span)Maximum Age Limitation on Eligibility for Assistance.—During fiscal years 2020 and 2021, a child may be eligible for services and assistance under section 477 of the Social Security Act [42 U.S.C. 677] until the child attains 27 years of age, notwithstanding any contrary certification made under such section.

“(c)Special Rule.—With respect to funds made available by reason of subsection (a) that are used during the COVID–19 public health emergency period to support activities due to the COVID–19 pandemic, the Secretary may not require any State to provide proof of a direct connection to the pandemic if doing so would be administratively burdensome or would otherwise delay or impede the ability of the State to serve foster youth.

“(d)Programmatic Flexibilities.—During the COVID–19 public health emergency period:

“(1)Suspension of certain requirements under the education and training voucher program.—The Secretary shall allow a State to waive the applicability of the requirement in section 477(i)(3) of the Social Security Act that a youth must be enrolled in a postsecondary education or training program or making satisfactory progress toward completion of that program if a youth is unable to do so due to the COVID–19 public health emergency.

“(2)Authority to use vouchers to maintain training and postsecondary education.—A voucher provided under a State educational and training voucher program under section 477(i) of the Social Security Act may be used for maintaining training and postsecondary education, including less than full-time matriculation costs or other expenses that are not part of the cost of attendance but would help support youth in remaining enrolled as described in paragraph (1) of this subsection.

“(3)Authority to waive limitations on percentage of funds used for housing assistance and eligibility for such assistance.—Notwithstanding section 477(span)(3)(B) of the Social Security Act, a State may use—

“(A) more than 30 percent of the amounts paid to the State from its allotment under section 477(c)(1) of such Act for a fiscal year, for room or board payments; and

“(B) any of such amounts for youth otherwise eligible for services under section 477 of such Act who—

“(i) have attained 18 years of age and not 27 years of age; and

“(ii) experienced foster care at 14 years of age or older.

“(4)Authority to provide driving and transportation assistance.—

“(A)Use of funds.—Funds provided under section 477 of the Social Security Act may be used to provide driving and transportation assistance to youth described in paragraph (3)(B) who have attained 15 years of age with costs related to obtaining a driver’s license and driving lawfully in a State (such as vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice hours, license fees, roadside assistance, deductible assistance, and assistance in purchasing an automobile).

“(B)Maximum allowance.—The amount of the assistance provided for each eligible youth under subparagraph (A) shall not exceed $4,000 per year, and any assistance so provided shall be disregarded for purposes of determining the recipient’s eligibility for, and the amount of, any other Federal or federally-supported assistance, except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally-supported programs.

“(C)Report to the congress.—Within 6 months after the end of the expenditure period, the Secretary shall submit to the Congress a report on the extent to which, and the manner in which, the funds to which subsection (a)(3) applies were used to provide technical assistance to State child welfare programs, monitor State performance and foster youth outcomes, and evaluate program effectiveness.”

[For definitions of terms used in section 3 of div. X of Puspan. L. 116–260, set out above, see section 2 of div. X of Puspan. L. 116–260, set out as a note under section 629h of this title.]

Temporary Extension of Availability of Independent Living Funds

Puspan. L. 107–133, title II, § 202(span), Jan. 17, 2002, 115 Stat. 2425, extended the availability of payments made to a State under this section for fiscal year 2000 through fiscal year 2002.

Findings

Puspan. L. 106–169, title I, § 101(a), Dec. 14, 1999, 113 Stat. 1823, provided that: “The Congress finds the following:

“(1) States are required to make reasonable efforts to find adoptive families for all children, including older children, for whom reunification with their biological family is not in the best interests of the child. However, some older children will continue to live in foster care. These children should be enrolled in an Independent Living program designed and conducted by State and local government to help prepare them for employment, postsecondary education, and successful management of adult responsibilities.

“(2) Older children who continue to be in foster care as adolescents may become eligible for Independent Living programs. These Independent Living programs are not an alternative to adoption for these children. Enrollment in Independent Living programs can occur concurrent with continued efforts to locate and achieve placement in adoptive families for older children in foster care.

“(3) About 20,000 adolescents leave the Nation’s foster care system each year because they have reached 18 years of age and are expected to support themselves.

“(4) Congress has received extensive information that adolescents leaving foster care have significant difficulty making a successful transition to adulthood; this information shows that children aging out of foster care show high rates of homelessness, non-marital childbearing, poverty, and delinquent or criminal behavior; they are also frequently the target of crime and physical assaults.

“(5) The Nation’s State and local governments, with financial support from the Federal Government, should offer an extensive program of education, training, employment, and financial support for young adults leaving foster care, with participation in such program beginning several years before high school graduation and continuing, as needed, until the young adults emancipated from foster care establish independence or reach 21 years of age.”

Study and Report Evaluating Effectiveness of Programs

Puspan. L. 101–239, title VIII, § 8002(d), Dec. 19, 1989, 103 Stat. 2453, provided that:

“(1)Study.—The Secretary of Health and Human Services shall study the programs authorized under section 477 of the Social Security Act [42 U.S.C. 677] for the purposes of evaluating the effectiveness of the programs. The study shall include a comparison of outcomes of children who participated in the programs and a comparable group of children who did not participate in the programs.

“(2)Report.—Upon completion of the study, the Secretary shall issue a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.”