P.L. 113–183, Approved September 29, 2014 (128Stat. 1919)

SECTION 1. [42 U.S. C. 1305 note]  Preventing Sex Trafficking and Strengthening Families Act.

This Act may be cited as the “Preventing Sex Trafficking and Strengthening Families Act”.

Sec 105  INCREASING INFORMATION ON CHILDREN IN FOSTER CARE TO PREVENT SEX TRAFFICKING

Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a written report which summarizes the following:

(1)  Information on children who run away from foster care and their risk of becoming sex trafficking victims, using data reported by States under section 479 of the Social Security Act and information collected by States related to section 471(a)(35) of such Act, including

(A)  characteristics of children who run away from foster care;

(B)  potential factors associated with children running away from foster care (such as reason for entry into care, length of stay in care, type of placement, and other factors that contributed to the child's running away);

(C)  information on children's experiences while absent from care; and

(D)  trends in the number of children reported as runaways in each fiscal year (including factors that may have contributed to changes in such trends).

(2)  Information on State efforts to provide specialized services, foster family homes, child care institutions, or other forms of placement for children who are sex trafficking victims.

(3)  Information on State efforts to ensure children in foster care form and maintain long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker.

Sec 111  SUPPORTING NORMALCY FOR CHILDREN IN FOSTER CARE

(a) Reasonable and Prudent Parent Standard.—

(3)  Technical assistance.— The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity).

Sec 113  EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE DEVELOPMENT OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD

(e)  Report.— Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include—

(1)  an analysis of how States are administering the requirements of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security Act, as amended by subsections (a) and (b) of this section, that a child in foster care who has attained 14 years of age be permitted to select up to 2 members of the case planning team or permanency planning team for the child from individuals who are not a foster parent of, or caseworker for, the child; and

(2)  a description of best practices of States with respect to the administration of the requirements.

(f)  Effective Date.—

(1)  In general.— The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.

(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 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 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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.

Sec 210.  EFFECTIVE DATES

(a)  In General.—Except as otherwise provided in this section, the amendments made by this subtitle shall take effect as if enacted on October 1, 2013.

(b) Restructuring and Renaming of Program.—

(1)  In general.—The amendments made by sections 202 and 203 shall take effect on October 1, 2014, subject to paragraph (2).

(2) Transition rule.—

(A)  In general.—Notwithstanding any other provision of law, the total amount payable to a State under section 473A of the Social Security Act for fiscal year 2014 shall be an amount equal to \1/2\ of the sum of —

(i)  the total amount that would be payable to the State under such section for fiscal year 2014 if the amendments made by section 202 of this Act had not taken effect; and

(ii)  the total amount that would be payable to the State under such section for fiscal year 2014 in the absence of this paragraph.

(B)  Pro rata adjustment if insufficient funds available.—If the total amount otherwise payable under subparagraph (A) for fiscal year 2014 exceeds the amount appropriated pursuant to section 473A(h) of the Social Security Act (42 U.S.C. 673b(h)) for that fiscal year, the amount payable to each State under subparagraph (A) for fiscal year 2014 shall be —

(i)   the amount that would otherwise be payable to the State under subparagraph (A) for fiscal year 2014; multiplied by

(ii)   the percentage represented by the amount so appropriated for fiscal year 2014, divided by the total amount otherwise payable under subparagraph (A) to all States for that fiscal year.

(c)   Use of Incentive Payments; Eligibility for Kinship Guardianship Assistance Payments With a Successor Guardian; Data Collection.—The amendments made by sections 204, 207, and 208 shall take effect on the date of enactment of this Act.

(d)  Calculation and Use of Savings Resulting From the Phase-Out of Eligibility Requirements for Adoption Assistance.—The amendment made by section 206 shall take effect on October 1, 2014.

(e) Notification of Parents of Siblings.—

(1)  In general.—The amendments made by section 209 shall take effect on the date of enactment of this Act, subject to paragraph (2).

(2)  Delay permitted if state legislation required.—In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by section 209, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Sec 301  AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR INTERNATIONAL CHILD SUPPORT CASES

(f) State Law Requirement Concerning the Uniform Interstate Family Support Act (UIFSA).—

(3) Effective date; grace period for state law changes.—

(A) Paragraph (1).—

(i)  The amendments made by paragraph (1) shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

(ii)  For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.

SEC. 305. REPORT TO CONGRESS.

The Secretary of Health and Human Services shall—

(1)  in conjunction with the strategic plan, review and provide recommendations for cost-effective improvements to the child support enforcement program under part D of title IV of the Social Security Act, and ensure that the plan addresses the effectiveness and performance of the program, analyzes program practices, identifies possible new collection tools and approaches, and identifies strategies for holding parents accountable for supporting their children and for building the capacity of parents to pay child support, with specific attention given to matters including front-end services, on-going case management, collections, Tribal-State partnerships, interstate and intergovernmental interactions, program performance, data analytics, and information technology;

(2)  in carrying out paragraph (1), consult with and include input from—

(A)  State, tribal, and county child support directors;

(B)  judges who preside over family courts or other State or local courts with responsibility for conducting or supervising proceedings relating to child support enforcement, child welfare, or social services for children and their families, and organizations that represent the judges;

(C)  custodial parents and organizations that represent them;

(D)  noncustodial parents and organizations that represent them; and

(E)  organizations that represent fiduciary entities that are affected by child support enforcement policies; and

(3)  in developing the report required by paragraph (4), solicit public comment;

(4)  not later than June 30, 2015, submit to the Congress a report that sets forth policy options for improvements in child support enforcement, which report shall include the following:

(A)  A review of the effectiveness of State child support enforcement programs, and the collection practices employed by State agencies administering programs under such part, and an analysis of the extent to which the practices result in unintended consequences or performance issues associated with the programs and practices.

(B)  Recommendations for methods to enhance the effectiveness of child support enforcement programs and collection practices.

(C)  A review of State best practices in regards to establishing and operating State and multistate lien registries.

(D)  A compilation of State recovery and distribution policies.

(E)  Options, with analysis, for methods to engage noncustodial parents in the lives of their children through consideration of parental time and visitation with children.

(F)  An analysis of the role of alternative dispute resolution in making child support determinations.

(G)  Identification of best practices for—

(i)  determining which services and support programs available to custodial and noncustodial parents are non-duplicative, evidence-based, and produce quality outcomes, and connecting custodial and noncustodial parents to those services and support programs;

(ii)  providing employment support, job training, and job placement for custodial and noncustodial parents; and

(iii)  establishing services, supports, and child support payment tracking for noncustodial parents,including options for the prevention of, and intervention on, uncollectible arrearages, such as retroactive obligations.

(H)  Options, with analysis, for methods for States to use to collect child support payments from individuals who owe excessive arrearages as determined under section 454(31) of such Act.

(I)  A review of State practices under 454(31) of such Act used to determine which individuals are excluded from the requirements of section 452(k) of such Act, including the extent to which individuals are able to successfully contest or appeal decisions.

(J)  Options, with analysis, for actions as are determined to be appropriate for improvement in child support enforcement.