[Congressional Record Volume 143, Number 50 (Thursday, April 24, 1997)]
[Extensions of Remarks]
[Page E745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE KINSHIP CARE ACT OF 1997

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                       HON. CONSTANCE A. MORELLA

                              of maryland

                    in the house of representatives

                        Thursday, April 24, 1997

  Mrs. MORELLA. Mr. Speaker, I rise to introduce a bill to encourage 
kinship care families, families in which adult relatives are the 
preferred placement options for children separated from their parents.
  Last year I introduced similar legislation, and I am pleased to 
report that a portion of it was incorporated as part of welfare 
reform--States must now consider relatives who are willing and able to 
care for minor children before placing them in other foster care 
situations.
  The legislation I am introducing today would go one step further by 
giving States the flexibility to create a new type of foster care--
kinship care--as a demonstration project. It would authorize States to 
examine and test how their child protection system could incorporate 
safe, cost-effective kinship care placements. States would have 
increased flexibility to waive portions of the IV-E foster care program 
in order to provide services and payments to kinship-care placements. 
It would help families to rely on their own family members as resources 
when a child is legally separated from his or her parents.
  We clearly need this legislation. From 1985 to 1990, the number of 
children in foster care increased by 47 percent, while the number of 
foster families decreased by 27 percent. Furthermore, when a child must 
be removed from his or her parents, placing the child with a caring 
relative helps keep the family together and limits disruption to the 
child's life. Ironically, relatives who want to care for the child 
often find themselves burdened with legal and bureaucratic paperwork 
and regulation, and they lack the support services available to regular 
foster care families.
  By giving States the flexibility to create a new type of foster 
care--kinship care--support services and payments could be made to 
kinship care placements. States would transfer custody of the child to 
the adult relative and then would have the flexibility to make some 
payments and provide services to these children under the IV-E program. 
Kinship care could be considered a long-term placement option for the 
States.
  In order to be considered an eligible family for kinship care 
placements under this bill, certain criteria must be met. The child 
must be removed from the home as a result of a judicial determination 
that continuation in the home would be contrary to the welfare of the 
child, the child would otherwise be place in foster care, and that 
there are adult relatives willing to provide safe and appropriate care 
for the child.
  This legislation is revenue neutral because States would incorporate 
kinship care into their child welfare system. States would evaluate 
their kinship care system for outcomes for children and families, 
safety of the children, and cost savings. At the end of 4 years, the 
Secretary of Health and Human Services would evaluate the State kinship 
care demonstrations and recommend legislative changes based on their 
evaluations.
  This legislation would also require States to provide relative 
caregivers with notice of, and an opportunity to be heard in, any 
dispositional hearing or administrative review held when considering 
the health and safety of a related child.
  Mr. Speaker, I have heard from grandparents who desperately want to 
provide their grandchildren a loving, supportive, and safe home. 
Because of burdensome regulations, these children end up in the 
expensive foster care system. Grandparent groups around the country 
support this legislation, I met with many of them today. I strongly 
urge my colleagues to cosponsor this bill and urge its swift passage.

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