A New Wave of Legislative Initiatives Affecting Foster Youth

Introduced in the House by Representatives Judy Chu (D-CA-28) and Erin Houchin (R-IN-09).

• Allows states to extend foster care eligibility through age 21, regardless of parental income.
• Requires that youth be permitted to voluntarily re-enter extended care with state assistance.
• Eliminates certain participation requirements, such as school or work, in favor of a case-by-case analysis framework.
• Directs the federal government to provide states with guidance on workforce development program options for youth.
• These provisions are anticipated to result in higher rates of high school completion, increased college enrollment, higher employment rates, and improved financial stability among youth who choose to extend foster care.

Introduced by Representatives Randy Feenstra (R-IA-04) and Brendan Boyle (D-PA-02) and has passed the House.

• Amends state requirements for foster and adoptive family recruitment by mandating a “family partnership plan,” which requires collaboration among birth, kinship, foster, and adoptive families, service providers, and youth.
• Directs states to outline strategies to support and involve relatives, ensuring recruitment plans remain child-focused and specific.
• Requires states to track and report data on foster family capacity, strategic effectiveness, and recruitment challenges for racially and ethnically diverse families that reflect the child’s background.
• These provisions are designed to promote a strategic, comprehensive, and family-centered approach to foster and adoptive family recruitment.

Introduced in the Senate by Senators Amy Klobuchar (D-MN) and Kevin Cramer (R-ND).

• Proposes adding pre- and post-adoption services to Title IV-B, which allocates federal funds to states for child welfare services.
• Expands Title IV-B to include counseling and training for adoptive families addressing behavioral issues, developmental needs, trauma, abandonment, grief, identity, and birth defects or developmental disorders.
• These amendments increase state responsibility for the well-being of adopted children and their families and seek to prevent re-entry into the foster care system.

Introduced in the House by Representatives Danny Davis (D-IL-07) and Blake Moore (R-UT-01).

• Proposes to make the existing Adoption Tax Credit fully refundable. Currently, the credit can only be applied to reduce taxes owed.
• This change is intended to incentivize adoption and provide additional resources to meet the needs of children and families by removing income as a barrier to permanency.

Between 31 and 46 percent of youth transitioning from foster care experience homelessness by age 26. Multiple factors impede access to stable housing during this transition, including financial barriers and restrictive definitions of “homelessness” that limit eligibility for essential services and resources. Several bills have been introduced to address this critical issue.

Introduced by Representatives Darin LaHood (R-IL-16) and Gwen Moore (D-WI-04) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Enhances the effectiveness of Chafee funds to support housing access for transition-aged youth.
• Extends eligibility for Chafee-funded housing services to age 26.
• Instructs the Department of Housing and Urban Development (HUD) and the Administration for Children and Families (ACF) to articulate their priorities, strategies, and best practices for utilizing Chafee funds for housing.
• Requires reports that assess the need for federal housing assistance and evaluate program outcomes.
• This expanded use of Chafee funds for housing is expected to improve housing stability for youth exiting foster care, while extending eligibility to age 26 addresses ongoing economic barriers faced beyond age 21.

Introduced in the House by Representatives Greg Landsman (D-OH-01) and Joyce Beatty (R-OH-03).

• Permits students who have experienced foster care or have been emancipated to use these vouchers for on-campus housing. Currently, federal law prohibits college students from using the Housing Choice Voucher Program (Section 8) for on-campus housing.
• This bill would increase access to stable housing for students pursuing higher education.

Introduced in the House by Representatives Bonnie Watson Coleman (D-NJ-12) and Rashida Tlaib (D-MI-12).

• Establishes an entitlement to a Housing Choice Voucher (HCV) for youth and young adults aged 18 to 30, or emancipated minors, expanding access to HCVs for youth both within and outside the foster system.

Introduced in the House by Representatives Zach Nunn (R-IA-03), Joyce Beatty (D-OH-03), Don Bacon (R-NE-02), Greg Landsman (D-OH-01), and Mike Carey (R-OH-15).

• Extends Foster Youth to Independence (FYI) voucher application window from 90 to 180 days before the youth exits foster care.
• Removes the existing requirement that youth must already be homeless or at risk of experiencing homelessness before qualifying for assistance.
• Requires interagency coordination between HUD and the Department of Health and Human Services (HHS) to modernize and streamline the program.
• By removing bureaucratic barriers currently in place for otherwise eligible youth, this bill proactively ensures that foster youth transitioning out of care will have access to stable housing before ever experiencing homelessness.

Introduced in the Senate by Senators Peter Welch (D-VT) and Angela Alsobrooks (D-MD).

• Expands Medicaid coverage until age 26 to young adults who left foster care prior to turning 18.
• Requires states to provide Medicaid outreach and enrollment programs with the cooperation of the state’s child welfare agency.

Youth with foster care experience who seek to enter the workforce or pursue higher education regularly encounter barriers related to funding, guidance, and academic achievement.

Introduced by Representatives Max Miller (R-OH-07) and Dwight Evans (D-PA-03) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Increases the range of programs eligible for Education and Training Voucher (ETV) funding to include GED programs, apprenticeship programs, remedial education, and all programs qualifying for the Workforce Pell grant.
• Extends the ETV funding period from five to six years, thereby expanding options for transition-aged youth pursuing education and employment.
• By extending the number of programs eligible for ETV funding, this bill creates more opportunities for foster youth seeking an education and incentivizes youth to stay in school when they might otherwise not.

Introduced by Representatives Judy Chu (D-CA-28) and Nathaniel Moran (R-TX-01) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Increases the annual cap on ETV awards from $5,000 to $12,000 to reflect rising postsecondary education costs.
• Establishes a grace period for youth who do not meet Satisfactory Academic Progress requirements, providing a second-chance approach for students.
• Seeks to streamline the application process by making the form easily accessible online.

Introduced in the Senate by Senators Steve Daines (R-MT) and Margaret Wood Hassan (D-NH).

• Consolidates H.R.7343 and H.R.7463 and adds a provision that permits ETV funds to address transportation barriers that limit youth access to education, job training, apprenticeships, or employment, addressing an overlooked barrier to maintaining regular attendance in school or work.

Introduced in the House by Representatives Zachary Nunn (R-IA-03) and Greg Landsman (D-OH-01).

• Codifies into law the executive order by the same name.
• Directs HHS and the Department of Labor (DOL) to conduct a comprehensive study at the Federal, State, and private levels of programs that support job training and apprenticeships for current and former foster youth, and provide Congress with recommendations on how to improve access to those programs.
• Establishes the “Fostering the Future Pipeline Program” to fund grants for building workforce pathways for youth transitioning out of the foster system.

Introduced in the House by Representative Wesley Bell (D-MO-01).

• Extends eligibility for the Work Opportunity Tax Credit (WOTC) to employers who hire out-of-school and homeless youth aged 16 to 21, as well as individuals aged 16 to 24 who have aged out of foster care or are currently in foster care. WOTC is a federal tax incentive available to employers who hire individuals from specific groups that frequently face employment barriers.
• By incentivizing employers to hire from these groups, this legislation aims to increase employment opportunities and financial stability for youth and young adults.

Pregnant and parenting youth who have experienced foster care are even more underserved and vulnerable.

Introduced by Representatives Rudy Yakym (R-IN-02) and Danny Davis (D-IL-07) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Amends the Social Security Act to improve coordination and cooperation between the Maternal, Infant, and Early Childhood Home Visiting Program and the Chafee program, ensuring that pregnant or parenting youth who have experienced foster care receive adequate support.

Many foster youth face seemingly insurmountable legal barriers as they transition into the workforce or higher education, including obtaining essential documents and expunging records.

Introduced by Representatives Danny Davis (D-IL-07) and Darin LaHood (R-IL-16) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Allows Chafee funds to be used to provide legal services for transitioning foster youth.

Introduced by Representative Mary Gay Scanlon (D-PA-5).

• Requires that states guarantee legal representation to families involved in child protection proceedings.
• Provides independent representation to children and parents for the duration of any judicial proceedings involving child abuse or neglect allegations

Introduced in the Senate by Senators Chuck Grassley (R-IA) and Ben Ray Lujan (D-NM).

• Requires that youth in foster care are given the following information by the time they leave care:
  • What services are available to them under Chafee.
  • Their eligibility for medical assistance and how to enroll.
  • Access to their vital documents and documentation to prove that they were in foster care.
  • Information about their rights.
  • An annual credit report.

Community and family support, which are often integral to permanency and identity formation, can be disrupted when a child or adolescent enters foster care.

Introduced in the House by Representatives Mary Gay Scanlon (D-PA- 05) and Don Bacon (R-NE-02).

• Expands mentorship programs for youth in or with experience of foster care through age 26 by creating a grant program matching youths with volunteers who may provide one-on-one, group, or peer mentoring services. These programs may focus on academic support, promoting healthy relationships, and minimizing risky behavior. The program is intended to support the social and emotional development of foster youth through events, activities, and regular meetings.
• Requires young participants to be involved and consulted in the development, design, and implementation of the program, thereby increasing engagement and participation among all parties.

Introduced by Representatives Gwen Moore (D-WI-04) and Mike Carey (R-OH-15) and passed the House. Part of a package of bills called the Fostering the Future Act.

• Updates the Chafee statute by adding an affirmation that meaningful and supportive adult relationships are essential to ensuring positive outcomes and success for youth as they transition out of foster care. It also adds that young people deserve a voice in shaping their permanency plans and their future.
• Requires youth to receive communication and information about the Chafee services available to them.
• The CONNECT Act will ensure that all available funding is leveraged with the best interests of youth in mind by highlighting the importance of their participation in permanency and case planning.

Introduced in the House by Representatives Don Bacon (R-NE-02) and Zachary Nunn (R-IA-03).

• Establishes a competitive grant program to develop evidence-based strategies for identifying sibling-group placements, including those with complex needs. Grants would be available to state agencies, tribal and local organizations, faith- and community-based groups, and nonprofit organizations with demonstrated interest in foster care.
• This bill seeks to address the trauma that comes with the separation of families, particularly siblings, during foster care placement. Maintaining family unity is expected to reduce the trauma and adversity experienced by foster youth placed in unfamiliar environments.

Not all pending legislation would be beneficial to foster youth if passed. The following two bills currently in Congress are examples of harmful legislation that raise significant concerns for youth and young adults, particularly those who are members of the LGBTQ+ community.

Introduced in the House by Representatives Virginia Foxx (R-NC-05) and Randy Weber (R-TX-14).

• Restricts the rights of children and youth to make decisions about their health and education if those decisions are not in line with those of their parents.
• Defines “parent” narrowly as a biological or adoptive parent, which could also complicate case planning and permanency efforts for youth in care.
• This bill could make it substantially harder for child protective services agencies to investigate abuse and neglect, intervene in dangerous home situations, or remove children who are at risk.

Introduced in the House by Representatives Mary Miller (R-IL-15) and Richard McCormick (R-GA-07).

• Prohibits federally funded adoption and foster care placement entities from “delaying or denying” placements based on a parent’s decision to raise a child in a manner consistent with the child’s biological sex, or to decline gender-affirming medical care.
• This bill fails to account for the well-being and safety needs of LGBTQ+ youth who already face disproportionate rates of homelessness and adverse outcomes in the foster care system and may result in youth being placed in a home that has specifically stated it will not respect their identity. It also prioritizes ideological considerations over the best interests of individual children.

These bills aim to address the multifaceted needs of foster youth through housing, education, healthcare, legal services, mentorship, family connections, and resources essential for long-term well-being. Although none of these bills have become law yet, their introduction reflects increasing recognition of the need for sustained support as foster youth transition to adulthood. Conversely, the presence of potentially harmful bills underscores the importance of ongoing legislative monitoring and advocacy.