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108th CONGRESS
2d Session
S. 2706
To establish kinship navigator programs, to establish kinship
guardianship assistance payments for children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2004
Mrs. Clinton (for herself, Ms. Snowe, and Mr. Daschle) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To establish kinship navigator programs, to establish kinship
guardianship assistance payments for children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kinship Caregiver Support Act''.
TITLE I--KINSHIP NAVIGATOR PROGRAM
SEC. 101. FINDINGS.
Congress finds the following:
(1) The 2000 decennial census states that--
(A) more that 4,500,000 children in the United
States are living in grandparent-headed households, a
30 percent increase from 1990 to 2000; and
(B) an additional 1,500,000 children in the United
States are living in households headed by other
relatives.
(2) In the 2000 decennial census, over 2,400,000
grandparents reported that they were primarily responsible for
meeting the basic needs of their grandchildren, and parents
were not present in about \1/3\ of the families involved.
(3) According to the 2000 decennial census, almost \1/5\ of
grandparents responsible for their grandchildren live in
poverty.
(4) Kinship caregivers (as defined in section 103) often
face a variety of unnecessary barriers, including difficulties
enrolling children in school, authorizing medical treatment,
maintaining public housing leases, obtaining affordable legal
services, obtaining custody of children or otherwise achieving
permanency for children in their care, and accessing a variety
of Federal benefits and services.
(5) Kinship caregivers can help to keep children from
entering the foster care system, and provide safe and permanent
homes, but need services and supports to do so. They need
better access to health insurance, respite care, child care,
special education, housing, and other benefits.
(6) Surveys and research on the needs of kinship caregivers
report that one of their greatest challenges in raising
children is getting accurate information about--
(A) the benefits and services that are available to
their families, such as health and mental health care,
assistance provided under the program of block grants
to States for temporary assistance for needy families
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), kinship or foster
care, kinship assistance and adoption assistance, child
care and early education, special education, and other
services for children with disabilities; and
(B) the legal authority, responsibilities, and
rights of kinship caregivers.
(7) Funding for kinship navigator programs can--
(A) help kinship care families better use existing
programs and services; and
(B) increase the capacity of public and private
not-for-profit agencies, including community-based and
faith-based agencies, and including agencies carrying
out related Federal programs, such as the National
Family Caregiver Support Program under part E of title
III of the Older Americans Act of 1965 (42 U.S.C. 3030s
et seq.), to better serve the needs of kinship care
families.
SEC. 102. PURPOSE.
The purposes of this Act are--
(1) to establish kinship navigator programs in States,
large metropolitan areas, and tribal areas to assist kinship
caregivers in navigating their way through programs and
services, to help the caregivers learn about and obtain
assistance to meet the needs of the children they are raising
and their own needs; and
(2) to promote effective partnerships among public and
private not-for-profit agencies, including community-based and
faith-based agencies, to help the agencies described in this
paragraph more effectively and efficiently serve kinship care
families and address the fragmentation that creates barriers to
meeting the needs of those families.
SEC. 103. DEFINITIONS.
In this title:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Children and Families of the
Department of Health and Human Services.
(2) Kinship care family.--The term ``kinship care family''
means a family with a kinship caregiver.
(3) Kinship caregiver.--The term ``kinship caregiver''
means a grandparent or stepgrandparent of a child, or a
relative of a child by blood, marriage, or adoption, who--
(A) lives with the child;
(B) is the primary caregiver of the child because
the biological or adoptive parent of the child is
unable or unwilling to serve as the primary caregiver
of the child; and
(C) has a legal relationship to the child or is
raising the child informally.
(4) Large metropolitan area.--The term ``large metropolitan
area'' means a metropolitan statistical area, as defined by the
Bureau of the Census, with a population of not less than
1,000,000.
(5) Metropolitan agency.--The term ``metropolitan agency''
means an agency serving a large metropolitan area, or a county
or political subdivision of a large metropolitan area.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands of the
United States, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(7) Tribal area.--The term ``tribal area'' means the area
served by a tribal organization.
(8) Tribal organization.--The term ``tribal
organization''--
(A) means a tribal organization, as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n); and
(B) includes a consortium of tribal organizations
described in subparagraph (A).
SEC. 104. GRANTS.
(a) In General.--The Assistant Secretary may make grants to
eligible entities to pay for the Federal share of the cost of carrying
out kinship navigator programs.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a State agency, metropolitan agency,
or tribal organization, with experience in--
(1) addressing the needs of kinship caregivers or children;
and
(2) connecting the children or caregivers with appropriate
services and assistance, such as services and assistance
provided by--
(A) an area agency on aging under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.); or
(B) an agency with jurisdiction over child welfare,
income-based financial assistance, human services, or
health matters, or a public entity that links family
resource and support programs, for the State, large
metropolitan area, or Indian tribe involved.
(c) Allocation of Grants.--Of the funds made available for grants
under this section for each fiscal year, the Assistant Secretary shall
use not less than 50 percent to make grants to State agencies.
(d) Duration of the Grants.--In making the grants, the Assistant
Secretary shall make grants--
(1) in fiscal year 2005, for periods of 3 years;
(2) in fiscal year 2006, for periods of 2 years; and
(3) in fiscal year 2007, for periods of 1 year.
SEC. 105. FEDERAL SHARE.
(a) In General.--The Federal share of the cost of carrying out a
kinship navigator program under a grant shall be--
(1) 100 percent in the first year of the grant period;
(2) 75 percent in the second year (if any) of the grant
period; and
(3) 50 percent in the third year (if any) of the grant
period.
(b) Non-Federal Share.--The non-Federal share of the cost may be
provided in cash. Not more than 50 percent of the non-Federal share of
the cost may be provided in kind, fairly evaluated, including plant,
equipment, or services.
SEC. 106. APPLICATIONS.
(a) In General.--To be eligible to receive a grant under this
title, an entity shall submit an application to the Assistant Secretary
at such time, in such manner, and containing such information as the
Assistant Secretary may require, including, at a minimum, the
information described in subsection (b).
(b) Contents.--The application shall include the following:
(1) A description of the steps the entity will take during
the first 6 months of the grant period to--
(A) identify gaps in services for kinship care
families in the State, large metropolitan area, or
tribal area to be served and the specific activities
that are needed to bridge the gaps;
(B) convene a group of partners to assist in the
operation of the kinship navigator program funded
through the grant;
(C) utilize or develop relevant technology;
(D) conduct outreach to kinship caregivers about
the kinship navigator program; and
(E) develop a plan for reaching kinship caregivers,
ensuring that the caregivers can access the kinship
navigator program, and following up to ensure that the
caregivers actually receive necessary services and
supports.
(2) An assurance that the entity will provide at least the
core activities specified in paragraphs (1) and (2) of section
107(b) for kinship care families through the kinship navigator program.
(3) A description of the activities the entity expects to
offer over the grant period and the entity's initial projection
of the number of children and kinship caregivers likely to be
served.
(4) A description of how the entity will involve in the
planning and operation of the kinship navigator program, on an
ongoing basis--
(A) kinship caregivers;
(B) youth raised or being raised by kinship
caregivers;
(C) representatives of kinship care support
organizations;
(D) relevant government agencies (including
agencies with jurisdiction over matters relating to
aging, mental health, mental retardation or
developmental disabilities, substance abuse treatment,
health, youth services, human services, education,
income-based financial assistance, child welfare, child
custody, guardianship, adoption, or child support
enforcement);
(E)(i) not-for-profit service providers, including
community-based and faith-based agencies; and
(ii) educational institutions; and
(F) other State or local agencies or systems that
promote service coordination or provide information and
referral services, including the entities that provide
the 2-1-1 or 3-1-1 information systems where
applicable.
(5) A description of--
(A) how the entity will coordinate its activities
with other State or local agencies or systems that
promote service coordination or provide information and
referral services for children, families, or older
individuals, including the entities that provide the 2-
1-1 or 3-1-1 information systems where applicable, so
as to avoid duplication of services and the
fragmentation of services that prevents kinship care
families from getting the help the families need; and
(B) how the entity will encourage regional
cooperation among agencies, particularly agencies
serving border communities that may cross
jurisdictional lines, to ensure that kinship care
families will get help.
(6) An assurance that the entity will report at least
annually to the Assistant Secretary, in a manner prescribed by
the Assistant Secretary, to ensure comparability of data across
States, on--
(A) activities established with the funds made
available through grants made under this title;
(B) the numbers and ages of the children and
caregivers assisted through the grants;
(C) the types of the assistance provided;
(D) the outcomes achieved with the assistance; and
(E) the barriers identified to meeting the needs of
kinship care families and plans for addressing the
barriers.
(7) An assurance that the entity, not later than 3 months
after the end of the final year of the grant period, will
submit a final report to the Administration for Children and
Families that describes--
(A) the numbers and ages of the children and
caregivers assisted through the grants;
(B) the types of assistance provided;
(C) the outcomes achieved with the assistance;
(D) the barriers to meeting the needs of kinship
care families that were addressed through the grants;
(E) the plans of the entity to continue the kinship
navigator program after the grant period has ended;
(F) lessons learned during the grant period; and
(G) recommendations about the considerations that
should be taken into account as the program carried out
under this title is expanded throughout the Nation.
(c) Preference.--In awarding grants under this title, the Assistant
Secretary shall give preference to agencies or organizations that can
demonstrate that the agencies and organizations will offer the full
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