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S. 2902: Hidden Foster Care Transparency Act

The Hidden Foster Care Transparency Act aims to improve accountability and transparency regarding the practice of separating children from their parents or primary caregivers in situations not governed by formal foster care systems. This law addresses what is known as "hidden foster care arrangements," where children are cared for by others without the state's formal oversight or a court's involvement. Such arrangements can happen during investigations into child protection allegations, either through suggestion or pressure from Child Protective Services (CPS) agencies.

Key Features of the Bill

  • Definition of Hidden Foster Care: The bill defines hidden foster care as any separation from parents that occurs without a court order or oversight by the state. This includes scenarios when a CPS agency suggests a parent place their child with someone else during an investigation or while working with the family.
  • State Reporting Requirements: States must report several key data points to the Secretary of Health and Human Services, including:
    • The total number of children in hidden foster care arrangements.
    • The number of such arrangements that concluded without formal placement in the foster care system.
    • The causes or allegations that led to these separations.
    • The length of time children remain in these arrangements.
    • Information on services provided to families and caregivers involved in these situations.
  • Annual Review by the Secretary: The Secretary of Health and Human Services will compile an annual report to Congress summarizing the data from states on hidden foster care practices, detailing trends and outcomes related to these arrangements.
  • Guidance and Support for States: The Secretary may provide technical assistance and guidance to states on fulfilling these new reporting requirements. The goal is to ensure the data collected is consistent and useful for understanding national practices concerning hidden foster care.
  • Public Availability of Reports: All reports produced as a result of this legislation will be made publicly available, ensuring transparency in how these arrangements are handled across states.

Objective of the Bill

The primary objective of the Hidden Foster Care Transparency Act is to shed light on a practice that has been criticized for lacking oversight and accountability, encouraging states to standardize their reporting and providing better data on the experiences of children and families affected by these arrangements. By holding states accountable, the bill aims to improve practices and outcomes within the child welfare system.

Potential Impacts

This legislation seeks to promote greater awareness and understanding of hidden foster care arrangements, leading to more informed policies and practices. It may also facilitate better support systems for families undergoing scrutiny by CPS agencies, thus impacting how such cases are managed by local and state authorities.

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Sponsors

2 bill sponsors

Actions

2 actions

Date Action
Sep. 18, 2025 Introduced in Senate
Sep. 18, 2025 Read twice and referred to the Committee on Finance.

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