[Congressional Record Volume 151, Number 133 (Wednesday, October 19, 2005)]
[Senate]
[Pages S11596-S11597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FAIR ACCESS FOSTER CARE ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1894 introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1894) to amend part E of title IV of the Social 
     Security Act to provide for the making of foster care 
     maintenance payments to private for-profit agencies.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. INHOFE. Mr. President, I rise today in support of the Fair Access 
Foster Care Act of 2005.
  Therapeutic foster care is foster care for children with special 
medical, psychological, emotional, and social needs. These children 
need comprehensive support and attention, requiring a great deal of 
commitment and sacrifice from foster care parents.
  Prior to the placement of a child, a potential therapeutic foster 
care parent must complete a certification process that involves a 
background check, a training program, and at least two home studies.
  At Choices for Life Foster Care, Inc., a for-profit provider in 
Oklahoma City, counselors are in the home a minimum of 2 hours every 
other week once a child has been placed.
  Generally therapeutic foster care children are not permitted to 
attend daycare and require ``line of sight'' supervision. That is, 
therapeutic foster care children must be in view of the foster parents 
at all times, except when attending school and other approved 
activities.
  Recruiting parents to provide therapeutic foster care is a never-
ending job. There are always children waiting for a match to be found. 
Therapeutic foster care children stay in crisis shelters for the 
transition period, adding a great deal of stress to their lives.
  Each State has a different standard for determining whether children 
need therapeutic foster care. Once a child is identified, most State 
governments contract with private agencies to place the child in a 
home.
  In my State of Oklahoma, fifteen agencies contract with the State 
government to provide therapeutic foster care services. Of those 15 
agencies, 5 operate under a for-profit status, 10 operate under a 
nonprofit status. The bottom line is that 62 percent of therapeutic 
foster care children are managed by for-profit agencies, and we must 
maintain the availability of care for these children.
  Therapeutic foster care agencies receive funding from Medicaid and 
Title IV-E maintenance payments from the United States Department of 
Health and Human Service, HHS. The 1996 Welfare Reauthorization Act 
attempted to correct a discrepancy between treatment of children 
managed by for-profit agencies and by nonprofit agencies via removing 
the word ``nonprofit'' from title 42 of the United States Social 
Security Code. Unfortunately, the deletion was only made in one of the 
three sections addressing this issue, thus causing therapeutic foster 
care agencies to remain subjected to arbitrary regulation.
  Only recently was it brought to the attention of Oklahoma's 
Department of Human Services that additional legal changes were needed. 
Most State governments face the same problem.
  My bill amends the United States Code to allow all therapeutic foster 
care agencies to receive maintenance payments from the United States 
Department of Health and Human Services.
  The Congressional Budget Office has indicated that any costs 
associated with this legislation would be insignificant.
  There are over 500,000 children in foster care today. A large number 
of these children require therapeutic care. The business model of for-
profit agencies should not prohibit Title IV-E maintenance cost 
reimbursement. Now is not the time to prevent highly qualified agencies 
from placing these children in safe homes.
  I have long been dedicated to quality care for my constituents in 
Oklahoma and across America. My bill to help alleviate the flu vaccine 
shortage, my

[[Page S11597]]

work to expand access to life-saving cardiac defibrillators, and my 
bill to freeze the Federal medical assistance percentage for 10 years 
to ensure that States continue to receive adequate Federal funding 
highlight this commitment.
  I thank Mr. Rockefeller, Mr. Craig, and Ms. Landrieu for cosponsoring 
this bill.
  Please join me in supporting this bill to assist on out States in the 
endeavor to serve these five-hundred-thousand-plus vulnerable children.
  Mr. McCONNELL. I ask unanimous consent that the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1894) was read the third time and passed, as follows:

                                S. 1894

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Access Foster Care Act 
     of 2005''.

     SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS TO PRIVATE FOR-
                   PROFIT AGENCIES.

       Section 472(b) of the Social Security Act (42 U.S.C. 
     672(b)) is amended by striking ``nonprofit'' each place it 
     appears.

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