H.R. 8498 — Increasing Access to Foster Care Through Age 21 Act

This section states congressional findings that each additional year in extended foster care has (1) increased the probability of completing a high school credential by approximately 8%; (2) increased the expected probability of college enrollment by 5-12%; (3) increased employment time for youth ages 21-23 by approximately 1.5 months; (4) increased average bank account balances by approximately $650; (5) increased odds of having sufficient emotional, tangible, and advisory support; (6) decreased food insecurity odds by approximately 21%; (7) increased total earnings for youth ages 21-23 by approximately $2,300-$3,200; (8) decreased homelessness or couch-surfing odds for youth ages 21-23 by approximately 19%; (9) reduced pregnancy likelihood at ages 19 and 21 by 7% and 12%, respectively; and (10) decreased recent arrest odds by approximately 28%.

This section revises the definition of eligible youth under the John H. Chafee Foster Care Program for Successful Transition to Adulthood (i.e., services and support for youth aging out of foster care, such as for education, employment, and housing) in SSA §475(8). Specifically, it (1) allows states and youth, at their option, to include youth remaining in foster care; (2) requires inclusion of youth subject to an adoption assistance or kinship guardianship assistance agreement under SSA §473 if the youth attained age 16 before the agreement became effective and has not attained the age elected by the state (19, 20, 21, or 22); and (3) defines "youth" as individuals who have attained age 18 but not age 22. (Thus, states may elect to extend transition services to these youth up to age 22.) This section further directs the Secretary of Health and Human Services to provide states with guidance and technical assistance on best practices for outreach to newly eligible youth.

This section requires states that provide extended foster care under SSA §475(8) (i.e., Title IV-E funding for youth ages 18-21—or up to 23 in some cases—participating in education, employment, or similar activities) to permit eligible youth aged 18 or older to voluntarily re-enter foster care and to facilitate such re-entry. The section also directs the Secretary of Health and Human Services to provide guidance and technical assistance to states on best practices for outreach to youth who have left foster care but remain eligible for re-entry.

This section expands eligibility for foster care maintenance payments under Title IV-E of the Social Security Act (i.e., federal reimbursement to states for the costs of foster care for eligible children) by exempting youth who have attained 18 years of age and meet the requirements of section 475(8)(C)—generally, youth in foster care who are completing secondary education or postsecondary training, employed at least half-time, or incapable of such due to a medical condition—from the requirement of judicial removal from the home. (Thus, states may use Title IV-E funds for supervised transitional living arrangements for such youth without a court order.)

This section establishes the effective date for amendments made by the Act as the first day of the first fiscal year beginning on or after enactment, with applicability to payments under part E of title IV of the Social Security Act (i.e., federal foster care and adoption assistance program) for calendar quarters beginning on or after that date. It permits a delay in a state plan's compliance until the first day of the first calendar quarter after the first regular session of the state legislature following enactment if the Secretary of Health and Human Services determines that state legislation (other than appropriations) is required, with each year of a two-year legislative session treated as a separate regular session.

This section directs the Secretary of Health and Human Services, through the Administration for Children and Families and in consultation with the Secretary of Labor, to issue guidance within 90 days of enactment to state and local agencies operating under part E of title IV of the Social Security Act (i.e., programs including the John H. Chafee Foster Care Program for Successful Transition to Adulthood, which supports youth ages 14-23 aging out of foster care) on connecting eligible foster youth to workforce development programs under title I of the Workforce Innovation and Opportunity Act (i.e., job training and employment services for youth, adults, and dislocated workers) via amendments made by sections 3 or 4 of this Act.