WASHINGTON – U.S. Senators John Cornyn (R-TX) and Jon Ossoff (D-GA) introduced their Hidden Foster Care Transparency Act, which would require states to measure and publicly report on children who have been separated from their parents in so-called “hidden foster care arrangements,” or the placement of a child with a caregiver informally, to ensure their wellbeing and safety:

“Informal foster care arrangements without any accountability or transparency can leave families in limbo and expose children to neglect, instability, or even abuse,” said Sen. Cornyn. “By requiring states to follow Texas’ example and bring these hidden foster care arrangements out of the shadows, this legislation would help ensure that every child has a safe and loving place to call home.”

“I led a 13-month investigation into the safety of foster children in Georgia and nationwide, which uncovered widespread abuse and neglect of our most vulnerable children,” said Sen. Ossoff. “I’m introducing this bipartisan legislation alongside Senator Cornyn that will strengthen Federal oversight of State foster care systems and better protect foster children from physical abuse, sexual abuse, or human trafficking.”

Congressman Nathaniel Moran (TX-01) introduced companion legislation in the House.

Background:

Hidden foster care, also known as kinship diversion or parental child safety placements, occurs when a state child protection agency places a child with a relative caregiver informally, instead of going through official foster care placement. Historically, states have not taken responsibility for the care and placement of these children, and this transfer of custody occurs without the involvement, authority, or oversight of a court of law. These children are not counted in official foster care numbers, and although the state agency may do follow-up visits and provide services or supports for the relatives, there is not currently a federal requirement for the state agency to do so.

An estimated few hundred thousand children are diverted from foster care to live with relatives each year, but states are currently not required to track or collect any data on the children in these arrangements. There can be important emotional and practical benefits of keeping children out of state custody and in these informal arrangements, but the lack of transparency and follow up also means less accountability for ensuring children’s safety. This legislation would require states to report how and when these arrangements are used to better protect children and ensure their wellbeing.

In May 2023, the Texas Legislature passed legislation requiring Child Protective Services to notify parents of their right to seek counsel before hidden foster care, imposing time limits on “parental child safety placements,” and requiring the agency to track data on hidden foster care arrangements. Sen. Cornyn’s Hidden Foster Care Transparency Act builds on this example and would require all states to follow Texas’ lead and provide the U.S. Department of Health and Human Services (HHS) with basic data on the children they divert from state custody to informal custody arrangements. HHS would need to collect the data and report their findings to Congress on an annual basis.