Summary#
The Samier Amer Foster Care Improvement Act of 2026 is an introduced bill that would amend Part E of the Social Security Act. It would require state plans to provide notice and procedures for seeking court review of certain child-placement decisions; its stated purpose is to require states to follow those procedures. The bill has been referred to the House Committee on Ways and Means and is not law.
- Within 90 days after a placement decision, a state would have to notify each parent, each relative who has told the state they are interested in caring for the child, the child’s guardian, guardian ad litem and attorneys, the child if able to express an opinion, and the prosecutor involved.
- State procedures would have to allow a notice recipient to request written documentation of the reasons for the decision within five days of receiving notice.
- The procedures would have to allow the child’s attorney to ask the court to review the decision. If the attorney petitions, the court would have to start its review within seven days and conduct it on the record.
- The requirements would apply to payments under Part E. The bill does not specify in this text what would happen if a state failed to meet them.
What it means for you#
- States: State plans would have to include the notice and court-review procedures to meet the bill’s requirements for Part E payments.
- Parents, interested relatives and other notice recipients: They would receive notice of the decision and its reasons. The bill would allow a written request for documentation within five days of receiving notice.
- Children and their attorneys: A child able to express an opinion would receive notice. The child’s attorney—not every notice recipient—could petition the court for review.
- Courts: A court would have to begin a review within seven days after receiving the child’s attorney’s petition and conduct it on the record.
- Current law: The supplied materials do not include the existing text of the Social Security Act, so I could not verify what notice or review procedures already apply.
Money#
No publicly available information on the bill’s estimated cost.
- The bill does not provide a funding amount or create a separate appropriation.
- States and courts may face administrative or workload costs to provide notices and handle requests and reviews; the bill gives no estimate.
What is unclear#
- The bill says notice recipients may request documentation under a notice “pursuant to subparagraph (B),” but the notice requirement is in subparagraph (A). The text does not clarify this apparent cross-reference error.
- It does not set a standard for the court’s review, say what remedies a court may order, or set a deadline for completing the review.
- It does not explain how a state must deliver notice or determine whether a child can express an opinion about placement.
- It does not say what happens if a state does not meet the requirements.
- The requirements would generally take effect at the start of the first federal fiscal year beginning on or after enactment. If the federal health secretary determines a state needs legislation, that state gets a later start tied to its next regular legislative session. The bill has not passed, so the start date is unknown.
Case for#
- A possible argument for the bill is that parents, interested relatives, children and others involved would learn about a placement decision and its reasons.
- A short deadline for requesting written reasons could make it easier to understand the basis for a decision.
- Allowing the child’s attorney to seek a prompt court review could provide a way to challenge a placement decision.
Case against#
- One concern is that the five-day request period and seven-day deadline to start court review could create pressure for state agencies and courts.
- The bill does not set a review standard or explain what a court can do, leaving important parts of the process to other rules or law.
- The apparent cross-reference error could create confusion about who may request documentation.
- The bill does not estimate the cost of the added notice and review duties or explain the consequences for a state that does not comply.