Section 1. Short title
This Act may be cited as the Preventing Child Welfare Entry Caused by Poverty Act.
(a) Family preservation services
Section 431(a)(1) of the Social Security Act (42 U.S.C. 629a(a)(1)) is amended—
(1) in subparagraph (E), by striking and after the semicolon;
(2) in subparagraph (F), by striking the period and inserting; and; and
(3) by adding at the end the following:
(i) services providing nonrecurring short term benefits (including supports related to housing instability, utilities, transportation, and food assistance, among other basic needs) that address immediate needs related to a specific crisis, situation, or event affecting the ability of a child to remain in a home established for the child that is not intended to meet an ongoing need; and
(ii) for purposes of this subpart, an expenditure for a service described in clause (i) may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services.
(b) State plan requirements
Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended—
(1) in paragraph (9), by striking and after the semicolon;
(2) in paragraph (10), by striking the period and inserting; and; and
(3) by adding at the end the following:
(11) provides a description of policies in place, including training for employees, to address child welfare reports and investigations concerning the living arrangements or subsistence needs of a child with the goal to prevent the separation of a child from a parent of the child solely due to poverty, to ensure access to services described in section 431(a)(1)(G).
(a) In general
The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments made under subpart 2 of part B of title IV of the Social Security Act for calendar quarters beginning on or after such date.
(b) Delay permitted if State legislation is required
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for any State plan approved under subpart 2 of part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, 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. For purposes of the preceding sentence, 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.