Hidden Foster Care Transparency Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5507 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5507

 To require States to measure and publicly report on the separation of
children from parents by hidden foster care arrangements, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2025

  Mr. Moran introduced the following bill; which was referred to the
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 To require States to measure and publicly report on the separation of
children from parents by hidden foster care arrangements, 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 ``Hidden Foster Care Transparency
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) CPS agency.--The term ``CPS agency'' means the State
        agency responsible for the administration of the State plans
        under parts B and E of title IV of the Social Security Act (42
        U.S.C. 621 et seq., 671 et seq.) and any State, county, local,
        or tribal child protective services agency.
            (2) Hidden foster care arrangement.--
                    (A) In general.--The term ``hidden foster care
                arrangement'' means any separation of a child from the
                child's parents or primary caregivers that occurs
                without the State taking responsibility for the care or
                placement of the child and without a court order or the
                involvement and oversight of a court of law, whether
                voluntary or involuntary. Such term includes a
                separation of a child that occurs--
                            (i) following a child protection hotline
                        call or during an investigation by a CPS
                        agency; or
                            (ii) while a CPS agency has any involvement
                        with a child's parents or primary caregivers
                        but without the State taking responsibility for
                        the care or placement of the child and without
                        a court order or the involvement and oversight
                        of a court of law, whether voluntary or
                        involuntary.
                    (B) Included arrangements.--Such term includes--
                            (i) any arrangement in which a CPS agency
                        suggests, implies, or insists that a parent
                        should or must permit the parent's child to
                        live with someone else in response to an
                        investigation of allegations that the parent,
                        or a spouse, partner, or other individual who
                        resides with the parent, has neglected or
                        abused the child; and
                            (ii) any arrangement commonly referred to
                        as ``kinship diversion,'' ``foster care
                        diversion,'' ``safety planning,'' ``informal
                        family planning,'' or ``hidden foster care'' to
                        the extent that such arrangement occurs without
                        a court order or court oversight.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (4) State.--The term ``State'' has the meaning given that
        term in section 1101(a) of the Social Security Act (42 U.S.C.
        1301(a)) for purposes of parts B and E of title IV of the
        Social Security Act (42 U.S.C. 621 et seq., 671 et seq.).

SEC. 3. STATE REPORTS ON HIDDEN FOSTER CARE ARRANGEMENTS.

    As a condition for payment of funds under a State plan approved
under part E of title IV of the Social Security Act (42 U.S.C. 671 et
seq.), a State shall submit to the Secretary as part of the Adoption
and Foster Care Analysis and Reporting System (42 U.S.C. 679) data that
specifies, for each such fiscal year--
            (1) the number of children separated from their parents by
        a hidden foster care arrangement;
            (2) the number of hidden foster care arrangements that
        ended without the child entering the formal foster care system;
            (3) the number of hidden foster care arrangements that
        ended through the placement of the child into the formal foster
        care system;
            (4) the category or type of allegation raised in each case
        which resulted in a separation of a child from their parents by
        a hidden foster care arrangement;
            (5) to the extent data is available, the number of
        caregivers in a hidden foster care arrangement who received
        additional services including referrals to kinship navigator
        programs, prevention services programs funded under part B or E
        of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
        671 et seq.), services provided by an entity or organization
        other than a CPS agency, or to legal counsel;
            (6) the result of any investigation leading to a hidden
        foster care arrangement (whether an allegation is substantiated
        or indicated or not substantiated or indicated);
            (7) how many parents--
                    (A) were--
                            (i) provided legal counsel; or
                            (ii) referred to a legal services provider
                        before a hidden foster care arrangement began
                        or within 72 hours of such an arrangement; and
                    (B) were actually represented by legal counsel
                within 72 hours of such an arrangement;
            (8) the length of time children were in a hidden foster
        care arrangement, including the number of children in a hidden
        foster care arrangement for more than 90 days without any court
        orders addressing custody;
            (9) the number of children who left hidden foster care
        arrangements--
                    (A) by reunification with the parent or guardian
                from whom they were initially separated;
                    (B) by returning to a different parent or guardian;
                or
                    (C) through--
                            (i) a kinship caregiver obtaining legal
                        custody or guardianship outside of the foster
                        care system;
                            (ii) entry in the foster care system and
                        placement with kin; and
                            (iii) entry in the foster care system and
                        placement with someone else;
            (10) a list of specific services provided to parents,
        children, and kinship caregivers affected by a hidden foster
        care arrangement and, for each such group, the number and
        specific services provided; and
            (11) a list of reports of substantiated abuse or neglect
        made to a CPS agency within 3, 6, 9, or 12 months after a child
        is identified as being in a hidden foster care arrangement,
        where the child was living at time of report.

SEC. 4. SECRETARIAL RESPONSIBILITIES.

    (a) Annual Report to Congress on Hidden Foster Care Arrangement
Practices.--The Secretary shall submit an annual report to Congress
based on the most recent State reports submitted under section 3. Each
annual report shall include the following:
            (1) The total number of children for whom a hidden foster
        care arrangement ended during the fiscal year reported on, and
        of that number--
                    (A) how many of the hidden foster care arrangement
                ended without the child entering the formal foster care
                system; and
                    (B) how many of the hidden foster care arrangement
                ended through the placement of the child into the
                formal foster care system.
            (2) The total number of each category or type of allegation
        raised in a case which resulted in a separation of a child from
        their parents by a hidden foster care arrangement.
            (3) To the extent data is available, the number of
        caregivers in a hidden foster care arrangement who received
        additional services, including referrals to kinship navigator
        programs, prevention services programs funded under part B or E
        of title IV of the Social Security Act (42 U.S.C. 621 et seq.,
        671 et seq.), services provided by an entity or organization
        other than a CPS agency, or legal counsel.
            (4) The number of States that submit a report under section
        3 for the fiscal year involved and a summary of such reports
        that includes a summary of the ways in which States address
        hidden foster care arrangements within the most recent State
        plan reports submitted part B or E of title IV of the Social
        Security Act (42 U.S.C. 621 et seq., 671 et seq.).
    (b) Implementation.--
            (1) Consistent data.--The Secretary shall ensure that, to
        the extent practicable, the data and information required to be
        reported under section 3--
                    (A) is collected and reported in a reliable and
                standardized manner by all States;
                    (B) provides a comprehensive, national picture of
                the practice of hidden foster care arrangements; and
                    (C) draws upon and does not duplicate other
                required child welfare data collection and reporting
                regarding children for, or on whose behalf, prevention
                services are offered, including under section
                471(e)(5)(B)(x) of the Social Security Act (42 U.S.C.
                671(e)(5)(B)(x)), section 479 of such Act (42 U.S.C.
                679), and subparagraphs (C) and (D) of section
                103(c)(1) of the Child Abuse Prevention and Treatment
                Act and 106(d) of the Child Abuse Prevention and
                Treatment Act (42 U.S.C. 5103(c)(1), 5106a(d)).
            (2) Guidance; technical assistance.--The Secretary may use
        funds made available to carry out part E of title IV of the
        Social Security Act (42 U.S.C. 671 et seq.) to issue guidance
        or provide technical assistance to States with respect to the
        data and information required to be reported under section 3.
            (3) Publication and manner of submission.--The Secretary--
                    (A) may include the report required by subsection
                (a) in the annual compilation of State reports required
                to be submitted to Congress under section 479A of the
                Social Security Act (42 U.S.C. 679b); and
                    (B) shall make each report submitted to Congress in
                accordance with subsection (a) publicly available.
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