Increasing Access to Foster Care Through Age 21 Act
- Bill Number
- H.R. 8498
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Families
- Status
- Introduced
- Latest Action
- 2026-04-27: Referred to the House Committee on Ways and Means.
- Last Updated
- 2026-05-13T19:57:49Z
AI-Generated Summary
Purpose
The "Increasing Access to Foster Care Through Age 21 Act" (H.R. 8498) aims to encourage states to extend child welfare services and support to young people (youth) in or formerly in foster care up to age 21 or 22, and to allow these youth to voluntarily return to foster care after turning 18. This expansion applies regardless of their parents' or guardians' eligibility for AFDC (Aid to Families with Dependent Children, a former federal welfare program). The bill cites research showing that extended foster care improves education, employment, financial stability, and reduces risks like homelessness and arrest.
Key Provisions
- Expanded Eligibility for Extended Foster Care (Sec. 3): Redefines "child" under the Social Security Act to include youth aged 18-22 (state elects up to 19, 20, 21, or 22) who:
- Are in foster care (at state and youth option).
- Have an adoption or kinship guardianship agreement (if they were 16+ when it started).
- Re-Entry into Foster Care (Sec. 4): States opting into extended care must allow youth aged 18+ (meeting eligibility) to voluntarily re-enter foster care and must help facilitate this.
- Federal Funding Adjustments (Sec. 5): Ensures states can receive federal payments for these eligible youth aged 18+.
- Guidance and Support (Secs. 3, 4, 7): U.S. Department of Health and Human Services (HHS) must provide technical assistance on outreach to newly eligible youth and connect them to workforce development programs (under the Workforce Innovation and Opportunity Act).
- Effective Date (Sec. 6): Starts in the first fiscal year after enactment, with possible delay if states need to pass laws to comply.
Significant Changes to Existing Law
- Amends Sections 471, 472, and 475 of the Social Security Act (Title IV-E, which funds foster care):
- Broadens who qualifies for extended foster care beyond traditional foster youth to include those adopted or under kinship guardianship (if 16+ at agreement start).
- Adds option for states to extend services up to age 22 (previously up to 21 in some cases).
- Mandates re-entry option for eligible youth post-18, removing barriers tied to parental welfare eligibility.
- Explicitly allows federal funding for these older youth.
Potential Impacts
- On Youth: Likely better high school completion, college enrollment, employment, savings, emotional support, and reduced food insecurity, homelessness, early pregnancy, and arrests (per congressional findings).
- On States and Agencies: Incentives via federal matching funds to expand services; requires outreach and re-entry processes, with HHS guidance to ease implementation.
- On Federal Government: Increased HHS role in guidance; potential rise in Title IV-E spending but tied to positive youth outcomes.
- No direct international relations impact.
Main Stakeholders
- Youth (18-22): Primary beneficiaries, especially those aging out of foster care, adopted, or in kinship arrangements.
- States and Child Welfare Agencies: Must opt-in, manage expanded services, and handle re-entries.
- HHS and Administration for Children and Families: Provides guidance and technical assistance.
- Caseworkers and Workforce Programs: Connect youth to jobs and training.
- Parents/Guardians: Indirectly affected, as eligibility no longer depends on their welfare status.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens Title IV-E foster care funding by decoupling from outdated AFDC rules, promoting state flexibility (e.g., age election, opt-in). Includes delay for state law changes, avoiding immediate penalties.
- Constitutional: No apparent issues; aligns with federal-state child welfare partnerships under Spending Clause.
- Political: Bipartisan sponsorship (Reps. Chu and Houchin); emphasizes evidence-based outcomes to justify expansions without mandating state participation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-04-27: Referred to the House Committee on Ways and Means.
- 2026-04-27: Introduced in House
- 2026-04-27: Introduced in House
Bill Versions
- Increasing Access to Foster Care Through Age 21 Act — issued 2026-04-27 — PDF (7 pages)