text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Foster Children Opportunity Act''.
  
  SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN 
                CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL 
                IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT 
                STATUS.
  
      Sect. 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27)) 
  is amended by inserting ``, and if the child is an alien without a 
  lawful immigration status, for reviewing the child's eligibility for 
  special immigrant juvenile status, lawful permanent resident status, 
  and other forms of relief under immigration law, within 1 year after 
  the status of the child is first reviewed pursuant to section 
  475(5)(B), and annually thereafter, and for assisting the child in 
  applying for special immigrant juvenile status, lawful permanent 
  resident status, and other forms of relief under immigration law, so 
  that the child can reasonably be expected to achieve such relief before 
  exiting foster care, if doing so would be in the best interests of the 
  child'' before the period.
  
  SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR 
                EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE 
                ALIEN FOSTER CHILDREN.
  
      Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is 
  amended by adding at the end the following:
                      ``(H) In the case of an alien child who, after a 
                  review conducted pursuant to section 471(a)(27), is 
                  determined to be a child who may qualify for special 
                  immigrant juvenile status, lawful permanent resident 
                  status, or other forms of relief under immigration law, 
                  documentation of the steps the agency is taking in 
                  assisting the child to obtain the status before exiting 
                  foster care, including whether the requisite petitions 
                  have been filed on behalf of the child, and whether 
                  assistance has been provided to secure immigration 
                  legal counsel for the child.''.
  
  SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL 
                IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT 
                STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST 
                INTEREST IN APPROPRIATE CASES.
  
      Section 475(5)(C)(i) of the Social Security Act (42 U.S.C. 
  675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien 
  child without lawful immigration status, the hearing shall determine 
  whether a petition for special immigrant juvenile status or lawful 
  permanent resident status has been filed on behalf of the child and, if 
  such a petition has not been so filed, whether it is in the best 
  interests of the child, including consideration of the potential 
  effects on family reunification efforts, to have such a petition so 
  filed or to have immigration counsel appointed'' before the semicolon 
  at the end.
  
  SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO 
                EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF, 
                INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL 
                ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN 
                ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL 
                PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF 
                UNDER IMMIGRATION LAW.
  
      Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) 
  is amended--
              (1) by striking ``and'' at the end of subparagraph (A);
              (2) by adding ``and'' at the end of subparagraph (B); and
              (3) by adding at the end the following:
                      ``(C) to educate and train child welfare and court 
                  staff, including judges, social workers, court-
                  appointed special advocates, and attorneys to assist 
                  alien children in achieving special immigrant juvenile 
                  status, lawful permanent resident status, and other 
                  forms of relief under immigration law in a timely 
                  manner;''.
  
  SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.
  
      On request of a State child welfare agency for technical assistance 
  in carrying out the amendments made by this Act, the Secretary of 
  Health and Human Services, in consultation with the Secretary of 
  Homeland Security and the Secretary of State, shall provide the 
  assistance, and may award grants to and enter into contracts with 
  qualified non-profit or other community-based service providers with 
  substantive expertise to perform the assistance.
  
  SEC. 7. ELIGIBILITY FOR ASSISTANCE.
  
      (a) Public Benefits.--
              (1) Federal means-tested public benefits.--Section 403(b) 
          of the Personal Responsibility and Work Opportunity 
          Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by 
          adding at the end the following:
              ``(3) Exception for individuals who have obtained special 
          immigrant juvenile status.--An alien who is granted special 
          immigrant juvenile status under section 101(a)(27)(J) of the 
          Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.
              (2) Other federal programs.--Section 402 of such Act (8 
          U.S.C. 1612) is amended--
                      (A) in subsection (a)(2), by adding at the end the 
                  following:
                      ``(N) Exception for individuals who have obtained 
                  special immigrant juvenile status.--With respect to 
                  eligibility for benefits for the specified Federal 
                  programs described in paragraph (3), paragraph (1) 
                  shall not apply to any alien who is granted special 
                  immigrant juvenile status under section 101(a)(27)(J) 
                  of the Immigration and Nationality Act (8 U.S.C. 
                  1101(a)(27)(J)).''; and
                      (B) in subsection (b)(2), by adding at the end the 
                  following:
                      ``(G) Exception for individuals who have obtained 
                  special immigrant juvenile status.--An alien who is 
                  granted special immigrant juvenile status under section 
                  101(a)(27)(J) of the Immigration and Nationality Act (8 
                  U.S.C. 1101(a)(27)(J)).''.
      (b) State Reimbursement.--Section 472(a)(4) of the Social Security 
  Act (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child 
  is an alien who has obtained special immigrant juvenile status under 
  section 101(a)(27)(J) of the Immigration and Nationality Act and would 
  have been qualified to receive aid under the State plan approved under 
  section 402 of this Act in or for the month in which the agreement 
  described in paragraph (2)(A)(i) of this subsection was entered into or 
  court proceedings leading to the determination described in paragraph 
  (2)(A)(ii) of this subsection were initiated if the child had been a 
  United States citizen, the child shall be considered to satisfy the 
  requirements of paragraph (3) with respect to the month'' before the 
  period.
  
  SEC. 8. EFFECTIVE DATE.
  
      (a) In General.--The amendments made by this Act, other than by 
  section 7, shall take effect on 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 quarters beginning on or after such date.
      (b) Delay Permitted if State Legislation Required.--In the case of 
  a State plan approved under part E of title IV of the Social Security 
  Act which the Secretary of Health and Human Services determines 
  requires State legislation (other than legislation appropriating funds) 
  in order for the plan to meet the additional requirements imposed by 
  this Act, the State plan shall not be regarded as failing to comply 
  with the requirements of such part solely on the basis of the failure 
  of the plan to meet such additional requirements before the 1st day of 
  the 1st calendar quarter beginning after the close of the 1st regular 
  session of the State legislature that ends after the 1-year period 
  beginning with the date of the enactment of this Act. For purposes of 
  the preceding sentence, in the case of a State that has a 2-year 
  legislative session, each year of the session is deemed to be a 
  separate regular session of the State legislature.
target: Foster Children Opportunity Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status before exiting foster care.
  
  	Requires case plans to include documentation of the steps the state child welfare agency is taking in assisting children obtain lawful immigrant status before exiting foster care.
  
  Requires a permanency hearing to determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of an alien foster child and, if it has not been filed, whether it is in the child's best interest to have such a petition filed or to have immigration counsel appointed.
  
  Authorizes the use of court improvement program grant funds to educate and train child welfare and court staff to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law.
  
  Requires the Secretary of Health and Human Services (HHS), on the request of a child welfare agency, to provide technical assistance in carrying out this Act. Authorizes the Secretary to award grants to and contract with qualified non-profit or other community-based service providers to perform the assistance.
  
  Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an exception to the five-year limited eligibility of qualified aliens for federal means-tested public benefits for individuals who have obtained special immigrant juvenile status.
  
  Makes a similar exception for such individuals with respect to the limited eligibility of qualified aliens for certain Federal programs.
feat_title: To amend part E of title IV of the Social Security Act to require States to help alien children in the child welfare system apply for all available forms of immigration relief, and for other purposes.