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119-s-2902119th Congress

Hidden Foster Care Transparency Act

Sponsored By: Senator Cornyn, John [R-TX]

Introduced

Summary

This bill would require nationwide measurement and reporting of hidden foster care arrangements. It defines those arrangements and would condition a State's eligibility for Part E foster care funds on submitting detailed annual data to the Adoption and Foster Care Analysis and Reporting System (AFCARS).

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  • Families and children: States would report counts of children placed in hidden foster care, how many later entered formal foster care, and how many arrangements end without formal entry. Reports must include time in placement including cases longer than 90 days and data on referrals to and receipt of legal counsel within 72 hours, plus a list of services provided to parents, children, and kin caregivers.
  • States and federal oversight: A State's eligibility for Part E funds would be tied to submitting standardized, non-duplicative AFCARS data each fiscal year. The Secretary of Health and Human Services would compile annual, aggregate reports to Congress, publish them for public access, and use Part E funds to provide guidance and technical assistance to States.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Annual state reports on hidden foster care

If enacted, this bill would require States that get part E child welfare funds to send yearly data about "hidden foster care" to AFCARS. States would report counts of children separated in hidden foster care and how each arrangement ended, including whether the child later entered formal foster care. States would report the allegation types, investigation results (for example substantiated or not), and whether parents were referred to or provided legal counsel within 72 hours and how many were actually represented. States would report services given to caregivers and lists with counts of services for parents, children, and kin. States would report how long children stayed in hidden foster care, including counts over 90 days without a court custody order. States would report counts of later substantiated abuse or neglect within 3, 6, 9, or 12 months after identification where the child lived in that setting at the time. The Secretary of Health and Human Services would compile the State submissions into an annual public report to Congress, ensure data are standardized and not duplicative where practicable, may use part E funds to give guidance and technical help to States, and must publish the report and may include it in the AFCARS compilation.

Clear definitions for hidden foster care

If enacted, the bill would define key terms used for the new reporting rule. "CPS agency" would mean the State agency that runs parts B and E child welfare plans and any State, county, local, or tribal child protective services agency. "Secretary" would mean the Secretary of Health and Human Services and "State" would use the part B and E definition. "Hidden foster care arrangement" would mean any separation of a child from parents or primary caregivers that happens without the State taking responsibility and without a court order or court oversight. The bill would explicitly include separations during hotline calls or CPS investigations, separations where CPS is involved but the State does not assume responsibility, and kinship diversion, foster care diversion, safety planning, or informal family plans done without court oversight.

Sponsors & CoSponsors

Sponsor

Cornyn, John [R-TX]

TX • R

Cosponsors

  • Sen. Ossoff, Jon [D-GA]

    GA • D

    Sponsored 9/18/2025

Roll Call Votes

No roll call votes available for this bill.

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