[Congressional Record Volume 149, Number 22 (Thursday, February 6, 2003)]
[Senate]
[Pages S2055-S2056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. McCain, Mr. Inouye, Mr. Baucus, 
        Mr. Johnson, Mr. Domenici, Mr. Bingaman, Mr. Cochran, and Ms. 
        Stabenow):
  S. 331. A bill to amend part E of title IV of the Social Security Act 
to provide equitable access for foster care and adoption services for 
Indian children in tribal areas; to the Committee on Finance.

[[Page S2056]]

  Mr. DASCHLE. Mr. President, today I am reintroducing legislation to 
correct an inequity in the laws affecting many Native American 
children. I am joined by Senators McCain, Inouye, Baucus, Johnson, 
Domenici, Bingaman, Cochran and Stabenow, in sponsoring this important 
piece of legislation. This effort is also supported by the National 
Indian Child Welfare Association, the American Public Human Services 
Association, and the National Congress of American Indians.
  Every year, for a variety of often tragic reasons, thousands of 
children across the country are placed in foster care. To assist with 
the cost of food, shelter, clothing, daily supervision and school 
supplies, foster parents of children who have come to their homes 
through state court placement receive financial assistance through 
Title IV-E of the Social Security Act. Additionally, States receive 
funding for administrative training and data collection to support this 
program. Unfortunately, because of a legislative oversight, many Native 
American children who are placed in foster care by tribal courts do not 
receive foster care and adoptive services and assistance to which all 
other income-eligible children are entitled.
  Not only are otherwise eligible Native children denied foster care 
maintenance payments, but this inequity also extends to children who 
are adopted through tribal placements. Currently, the IV-E program 
offers limited assistance for expenses associated with adoption and the 
training of professional staff and parents involved in the adoption. 
These circumstances, sadly, have made it even harder for Indian 
children to attain the permanency they need and deserve.
  In many instances, these children face insurmountable odds. Many come 
from abusive homes. Foster parents who open their doors to care for 
these special children deserve our help. These generous people should 
not have to worry about whether they have the resources to provide 
nourishing food or a warm coat, or even adequate shelter for these 
children. This legislation will go a long way to ease their concerns.
  Currntly, some tribes and states have entered into IV-E agreements, 
but these arrangements are the exception. They also, by and large, do 
not include funds to train tribal social workers and foster and 
adoptive parents. This bill would make it clear that tribes would be 
treated like a state when they choose to run their own programs under 
the IV-E program.
  The bill we are introducing today would: extend the Title IV-E 
entitlement programs to children placed by tribal agencies in foster 
and adoptive homes; authorize tribal governments to receive direct 
funding from the Department of Health and Human Services for 
administration of IV-E programs (tribes must have HHS-approved 
programs); allow the Secretary flexibility to modify the requirements 
of the IV-E law for tribes if those requirements are not in the best 
interest of Native children; and allow continuation of tribal-State IV-
E agreements.
  In a 1994 report, HHS found that the best way to serve this 
underfunded group is to provide direct assistance to tribal governments 
qualified tribal families. This bill would not result in reduced 
funding for the States, as they would continue to be reimbursed for 
their expenses under the law.
  I strongly believe Congress should address this oversight and provide 
equitable benefits to native American children who are under the 
jurisdiction of their tribal governments, and I urge my colleagues to 
support this bill.
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