April 27, 2026
Ms. Chu (for herself and Mrs. Houchin) introduced the following bill; which was referred to the Committee on Ways and Means
To provide an incentive for States to extend child welfare support and services for youth through 21 years of age, and to allow youth to re-enter foster care after attaining 18 years of age, both without regard to the AFDC eligibility of their parents or legal guardians, and for other purposes.
Section 1. Short title
This Act may be cited as the Increasing Access to Foster Care Through Age 21 Act
.
Sec. 2. Findings
The Congress finds that each additional year in extended foster care has—
(1)
significantly increased the probability that youth completed a high school credential by approximately 8 percent;
(2)
increased their expected probability of enrolling in college by between 5 percent and 12 percent;
(3)
increased the amount of time that youth between ages 21 and 23 have been employed by approximately 1.5 months;
(4)
increased the amount of money youth have had in bank accounts by an average of approximately $650;
(5)
increased the odds that youth feel they have enough people to turn to for emotional support, tangible support, and advice or guidance;
(6)
decreased the odds that youth were food insecure in the past 12 months by approximately 21 percent;
(7)
increased the total earnings of youth between ages 21 and 23 by approximately $2,300 to $3,200;
(8)
decreased the odds of being homeless or couch-surfing between the ages of 21 and 23 by approximately 19 percent;
(9)
reduced the likelihood of youth pregnancy at ages 19 and 21 by 7 percent and 12 percent, respectively; and
(10)
decreased the odds that youth have been arrested recently by approximately 28 percent.
Sec. 3. Extended child welfare support and services for youth transitioning from foster care
(a) In general
Section 475(8) of the Social Security Act (42 U.S.C. 675(8)) is amended—
(1)
by striking subparagraph (B)
and inserting subparagraphs (B) and (C)
;
(2)
by striking subparagraph (B) and inserting the following:
(B)
At the option of the State and youth involved, the term shall include a youth who is in foster care under the responsibility of the State.; and
(3)
by adding at the end the following:
(C)
The term shall include a youth—
(i)
(I)
with respect to whom an adoption assistance agreement is in effect under section 473 if the youth had attained 16 years of age before the agreement became effective; or
(II)
with respect to whom a kinship guardianship assistance agreement is in effect under section 473(d) if the youth had attained 16 years of age before the agreement became effective; and
(ii)
who has not attained 19, 20, 21, or 22 years of age, as the State may elect.
(D)
In this paragraph, the term youth means an individual—
(i)
who has attained 18 years of age; and
(ii)
who has not attained 22 years of age.
(b) Guidance and technical assistance
The Secretary of Health and Human Services shall provide guidance and technical assistance to States on best practices for outreach to youth who are newly eligible for services as a result of the enactment of this section.
Sec. 4. Promoting the re-entry of youth into extended foster care
(a) In general
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended—
(1)
by striking and
at the end of paragraph (36);
(2)
by striking the period at the end of paragraph (37) and inserting ; and
; and
(3)
by adding at the end the following:
(38)
if the State exercises the option provided for in section 475(8), shall—
(A)
permit any youth who has attained 18 years of age and meets the requirements of section 475(8)(C) to voluntarily re-enter foster care; and
(B)
facilitate the voluntary return of any such youth to foster care.
(b) Guidance and technical assistance
The Secretary of Health and Human Services shall provide guidance and technical assistance to States on best practices for outreach to youth who have left foster care and are otherwise eligible for re-entry into foster care.
Sec. 5. Providing for States to improve outcomes for transition-aged youth and young adults
Section 472(a)(1)(B) of the Social Security Act (42 U.S.C. 672(a)(1)(B)) is amended by inserting except in the case of a youth who has attained 18 years of age and meets the requirements of section 475(8)(C),
before the child
.
Sec. 6. Effective date
(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 under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date.
(b) Delay permitted if State legislation required
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E 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 first 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.
Sec. 7. Workforce development
Within 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, through the Administration for Children and Families, shall, in consultation with the Secretary of Labor, develop and issue guidance to State and local agencies operating a program under a State plan approved under part E of title IV of the Social Security Act on how case workers can connect youth eligible for foster care to workforce development programs under title I of the Workforce Innovation and Opportunity Act through the implementation of an amendment made by section 3 or 4 of this Act.