[Congressional Record Volume 152, Number 66 (Wednesday, May 24, 2006)]
[House]
[Pages H3149-H3154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H3149]]
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SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2006
Mr. HERGER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5403) to improve protections for children and to hold States
accountable for the safe and timely placement of children across State
lines, and for other purposes.
The Clerk read as follows:
H.R. 5403
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 ``Safe and Timely Interstate
Placement of Foster Children Act of 2006''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the States should expeditiously ratify the revised
Interstate Compact for the Placement of Children recently
promulgated by the American Public Human Services
Association;
(2) this Act and the revised Interstate Compact for the
Placement of Children should not apply to those seeking
placement in a licensed residential facility primarily to
access clinical mental heath services;
(3) the States should recognize and implement the deadlines
for the completion and approval of home studies as provided
in section 4 to move children more quickly into safe,
permanent homes; and
(4) Federal policy should encourage the safe and expedited
placement of children into safe, permanent homes across State
lines.
SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT
OF CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding at the end the following:
``(25) provide that the State shall have in effect
procedures for the orderly and timely interstate placement of
children; and procedures implemented in accordance with an
interstate compact, if incorporating with the procedures
prescribed by paragraph (26), shall be considered to satisfy
the requirement of this paragraph.''.
SEC. 4. HOME STUDIES.
(a) Orderly Process.--
(1) In general.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is further amended--
(A) by striking ``and'' at the end of paragraph (24);
(B) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(C) by adding at the end the following:
``(26) provides that--
``(A)(i) within 60 days after the State receives from
another State a request to conduct a study of a home
environment for purposes of assessing the safety and
suitability of placing a child in the home, the State shall,
directly or by contract--
``(I) conduct and complete the study; and
``(II) return to the other State a report on the results of
the study, which shall address the extent to which placement
in the home would meet the needs of the child; and
``(ii) in the case of a home study begun on or before
September 30, 2008, if the State fails to comply with clause
(i) within the 60-day period as a result of circumstances
beyond the control of the State (such as a failure by a
Federal agency to provide the results of a background check,
or the failure by any entity to provide completed medical
forms, requested by the State at least 45 days before the end
of the 60-day period), the State shall have 75 days to comply
with clause (i) if the State documents the circumstances
involved and certifies that completing the home study is in
the best interests of the child; except that
``(iii) this subparagraph shall not be construed to require
the State to have completed, within the applicable period,
the parts of the home study involving the education and
training of the prospective foster or adoptive parents;
``(B) the State shall treat any report described in
subparagraph (A) that is received from another State or an
Indian tribe (or from a private agency under contract with
another State) as meeting any requirements imposed by the
State for the completion of a home study before placing a
child in the home, unless, within 14 days after receipt of
the report, the State determines, based on grounds that are
specific to the content of the report, that making a decision
in reliance on the report would be contrary to the welfare of
the child; and
``(C) the State shall not impose any restriction on the
ability of a State agency administering, or supervising the
administration of, a State program operated under a State
plan approved under this part to contract with a private
agency for the conduct of a home study described in
subparagraph (A).''.
(2) Report to the congress.--Within 12 months after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate a written report on--
(A) how frequently States need the extended 75-day period
provided for in clause (ii) of section 471(a)(26)(A) of the
Social Security Act in order to comply with clause (i) of
such section;
(B) the reasons given for utilizing the extended compliance
period;
(C) the extent to which utilizing the extended compliance
period leads to the resolution of the circumstances beyond
the control of the State; and
(D) the actions taken by States and any relevant Federal
agencies to resolve the need for the extended compliance
period.
(3) Sense of the congress.--It is the sense of the Congress
that each State should--
(A) use private agencies to conduct home studies when doing
so is necessary to meet the requirements of section
471(a)(26) of the Social Security Act; and
(B) give full faith and credit to any home study report
completed by any other State or an Indian tribe with respect
to the placement of a child in foster care or for adoption.
(b) Timely Interstate Home Study Incentive Payments.--Part
E of title IV of the Social Security Act (42 U.S.C. 670-679b)
is amended by inserting after section 473A the following:
``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.
``(a) Grant Authority.--The Secretary shall make a grant to
each State that is a home study incentive-eligible State for
a fiscal year in an amount equal to the timely interstate
home study incentive payment payable to the State under this
section for the fiscal year, which shall be payable in the
immediately succeeding fiscal year.
``(b) Home Study Incentive-Eligible State.--A State is a
home study incentive-eligible State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the State is in compliance with subsection (c) for
the fiscal year; and
``(3) based on data submitted and verified pursuant to
subsection (c), the State has completed a timely interstate
home study during the fiscal year.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary a written report, covering the preceding fiscal
year, that specifies--
``(A) the total number of interstate home studies requested
by the State with respect to children in foster care under
the responsibility of the State, and with respect to each
such study, the identity of the other State involved;
``(B) the total number of timely interstate home studies
completed by the State with respect to children in foster
care under the responsibility of other States, and with
respect to each such study, the identity of the other State
involved; and
``(C) such other information as the Secretary may require
in order to determine whether the State is a home study
incentive-eligible State.
``(2) Verification of data.--In determining the number of
timely interstate home studies to be attributed to a State
under this section, the Secretary shall check the data
provided by the State under paragraph (1) against
complementary data so provided by other States.
``(d) Timely Interstate Home Study Incentive Payments.--
``(1) In general.--The timely interstate home study
incentive payment payable to a State for a fiscal year shall
be $1,500, multiplied by the number of timely interstate home
studies attributed to the State under this section during the
fiscal year, subject to paragraph (2).
``(2) Pro rata adjustment if insufficient funds
available.--If the total amount of timely interstate home
study incentive payments otherwise payable under this section
for a fiscal year exceeds the total of the amounts made
available pursuant to subsection (h) for the fiscal year
(reduced (but not below zero) by the total of the amounts (if
any) payable under paragraph (3) of this subsection with
respect to the preceding fiscal year), the amount of each
such otherwise payable incentive payment shall be reduced by
a percentage equal to--
``(A) the total of the amounts so made available (as so
reduced); divided by
``(B) the total of such otherwise payable incentive
payments.
``(3) Appropriations available for unpaid incentive
payments for prior fiscal years.--
``(A) In general.--If payments under this section are
reduced under paragraph (2) or subparagraph (B) of this
paragraph for a fiscal year, then, before making any other
payment under this section for the next fiscal year, the
Secretary shall pay each State whose payment was so reduced
an amount equal to the total amount of the reductions which
applied to the State, subject to subparagraph (B) of this
paragraph.
``(B) Pro rata adjustment if insufficient funds
available.--If the total amount of payments otherwise payable
under subparagraph (A) of this paragraph for a fiscal year
exceeds the total of the amounts made available pursuant to
subsection (h) for the fiscal year, the amount of each such
payment shall be reduced by a percentage equal to--
``(i) the total of the amounts so made available; divided
by
``(ii) the total of such otherwise payable payments.
[[Page H3150]]
``(e) Two-Year Availability of Incentive Payments.--
Payments to a State under this section in a fiscal year shall
remain available for use by the State through the end of the
next fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State
shall not expend an amount paid to the State under this
section except to provide to children or families any service
(including post-adoption services) that may be provided under
part B or E. Amounts expended by a State in accordance with
the preceding sentence shall be disregarded in determining
State expenditures for purposes of Federal matching payments
under sections 423, 434, and 474.
``(g) Definitions.--In this section:
``(1) Home study.--The term `home study' means an
evaluation of a home environment conducted in accordance with
applicable requirements of the State in which the home is
located, to determine whether a proposed placement of a child
would meet the individual needs of the child, including the
child's safety, permanency, health, well-being, and mental,
emotional, and physical development.
``(2) Interstate home study.--The term `interstate home
study' means a home study conducted by a State at the request
of another State, to facilitate an adoptive or foster
placement in the State of a child in foster care under the
responsibility of the State.
``(3) Timely interstate home study.--The term `timely
interstate home study' means an interstate home study
completed by a State if the State provides to the State that
requested the study, within 30 days after receipt of the
request, a report on the results of the study. The preceding
sentence shall not be construed to require the State to have
completed, within the 30-day period, the parts of the home
study involving the education and training of the prospective
foster or adoptive parents.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For payments under this section, there
are authorized to be appropriated to the Secretary--
``(A) $10,000,000 for fiscal year 2007;
``(B) $10,000,000 for fiscal year 2008;
``(C) $10,000,000 for fiscal year 2009; and
``(D) $10,000,000 for fiscal year 2010.
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended.''.
(c) Repealer.--Effective October 1, 2010, section 473B of
the Social Security Act is repealed.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that State agencies should
fully cooperate with any court which has authority with
respect to the placement of a child in foster care or for
adoption, for the purpose of locating a parent of the child,
and such cooperation should include making available all
information obtained from the Federal Parent Locator Service.
SEC. 6. CASEWORKER VISITS.
(a) Purchase of Services in Interstate Placement Cases.--
Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C.
675(5)(A)(ii)) is amended by striking ``or of the State in
which the child has been placed'' and inserting ``of the
State in which the child has been placed, or of a private
agency under contract with either such State''.
(b) Increased Visits.--Section 475(5)(A)(ii) of such Act
(42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and
inserting ``6''.
SEC. 7. HEALTH AND EDUCATION RECORDS.
Section 475 of the Social Security Act (42 U.S.C. 675) is
amended--
(1) in paragraph (1)(C)--
(A) by striking ``To the extent available and accessible,
the'' and inserting ``The''; and
(B) by inserting ``the most recent information available
regarding'' after ``including''; and
(2) in paragraph (5)(D)--
(A) by inserting ``a copy of the record is'' before
``supplied''; and
(B) by inserting ``, and is supplied to the child at no
cost at the time the child leaves foster care if the child is
leaving foster care by reason of having attained the age of
majority under State law'' before the semicolon.
SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.
(a) In General.--Section 475(5)(G) of the Social Security
Act (42 U.S.C. 675(5)(G)) is amended--
(1) by striking ``an opportunity'' and inserting ``a
right'';
(2) by striking ``and opportunity'' and inserting ``and
right''; and
(3) by striking ``review or hearing'' each place it appears
and inserting ``proceeding''.
(b) Notice of Proceeding.--Section 438(b) of such Act (42
U.S.C. 638(b)) is amended by inserting ``shall have in effect
a rule requiring State courts to ensure that foster parents,
pre-adoptive parents, and relative caregivers of a child in
foster care under the responsibility of the State are
notified of any proceeding to be held with respect to the
child, and'' after ``highest State court''.
SEC. 9. COURT IMPROVEMENT.
Section 438(a)(1) of the Social Security Act (42 U.S.C.
629h(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C); and
(2) by adding at the end the following:
``(E) that determine the best strategy to use to expedite
the interstate placement of children, including--
``(i) requiring courts in different States to cooperate in
the sharing of information;
``(ii) authorizing courts to obtain information and
testimony from agencies and parties in other States without
requiring interstate travel by the agencies and parties; and
``(iii) permitting the participation of parents, children,
other necessary parties, and attorneys in cases involving
interstate placement without requiring their interstate
travel; and''.
SEC. 10. REASONABLE EFFORTS.
(a) In General.--Section 471(a)(15)(C) of the Social
Security Act (42 U.S.C. 671(a)(15)(C)) is amended by
inserting ``(including, if appropriate, through an interstate
placement)'' after ``accordance with the permanency plan''.
(b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such
Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``,
which considers in-State and out-of-State permanent placement
options for the child,'' before ``shall''.
(c) Concurrent Planning.--Section 471(a)(15)(F) of such Act
(42 U.S.C. 671(a)(15)(F)) is amended by inserting ``,
including identifying appropriate in-State and out-of-State
placements'' before ``may''.
SEC. 11. CASE PLANS.
Section 475(1)(E) of the Social Security Act (42 U.S.C.
675(1)(E)) is amended by inserting ``to facilitate orderly
and timely in-State and interstate placements'' before the
period.
SEC. 12. CASE REVIEW SYSTEM.
Section 475(5)(C) of the Social Security Act (42 U.S.C.
675(5)(C)) is amended--
(1) by inserting ``, in the case of a child who will not be
returned to the parent, the hearing shall consider in-State
and out-of-State placement options,'' after ``living
arrangement''; and
(2) by inserting ``the hearing shall determine'' before
``whether the''.
SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.
Section 422(b)(12) of the Social Security Act (42 U.S.C.
622(b)(12)) is amended--
(1) by striking ``develop plans for the'' and inserting
``make'';
(2) by inserting ``(including through contracts for the
purchase of services)'' after ``resources''; and
(3) by inserting ``, and shall eliminate legal barriers,''
before ``to facilitate''.
SEC. 14. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this
section, the amendments made by this Act shall take effect on
October 1, 2006, and shall apply to payments under parts B
and E of title IV of the Social Security Act for calendar
quarters beginning on or after such date, without regard to
whether regulations to implement the amendments are
promulgated by such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan under part B or E of title
IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by a provision of
this Act, the plan shall not be regarded as failing to meet
any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular
session of the State legislature that begins after the date
of the enactment of this Act. If the State has a 2-year
legislative session, each year of the session is deemed to be
a separate regular session of the State legislature.
The SPEAKER pro tempore (Mr. Boozman). Pursuant to the rule, the
gentleman from California (Mr. Herger) and the gentleman from
California (Mr. Stark) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Herger).
General Leave
Mr. HERGER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to include extraneous materials on the subject of the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 5403, the Safe and Timely Interstate
Placement of Foster Children Act of 2006. I am pleased to be an
original cosponsor of this bipartisan legislation sponsored by the
distinguished gentleman from Texas (Mr. DeLay).
Throughout his career, the gentleman from Texas has been an
outstanding advocate for children and foster care. As chairman of the
Human Resources Subcommittee, as a long-time colleague in this body,
and as someone who shares his passion for helping children, I would
like to personally commend him and thank him for his dedication to
helping at-risk children across this country.
Mr. Speaker, the subcommittee I chair has conducted numerous hearings
[[Page H3151]]
examining the Nation's child protection system. Every witness at these
hearings has agreed that our current system fails to adequately protect
children.
In December, Republicans in this Congress took the lead in providing
$100 million in new funds over the next 5 years to better equip courts
and ensure collaboration among judges and social workers. We also added
an additional $200 million over the next 5 years for improved services
for families, including preventive services to protect children and
keep them from having to enter foster care in the first place.
Importantly, we pay for this new funding by ensuring States comply
with Federal law and do not misspend other Federal funds. I believe
these new resources will go a long ways towards better protecting
children.
While these are important steps, we also must do more to ensure
children are not needlessly lingering in foster care. The legislation
before us today would require States to expedite the safe placement of
foster and adopted children in homes across State lines.
Currently these placements take an average of 1 year longer than
placements within a single State, delaying permanency with loving
families for thousands of children. This legislation also would
establish deadlines for completing home studies that assess whether a
home is appropriate for a child.
The legislation authorizes up to $10 million per year for incentive
payments to States that complete home studies in a timely manner. In
addition, the bill includes provisions to better ensure safety for
children in foster and adoptive homes, and to give foster parents and
relative caregivers a right to be heard and notice of any court
proceedings held concerning a child in their care.
I thank my colleagues across the aisle for their assistance in
bringing this bill to the floor today. I urge all of my colleagues to
support this legislation so we can ensure children are placed in a
timely and safe way with loving families.
Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
(Mr. STARK asked and was given permission to revise and extend his
remarks.)
Mr. STARK. Mr. Speaker, I rise in support of the Safe and Timely
Interstate Placement of Foster Children Act of 2006, H.R. 5403, and ask
my associates to vote for this legislation.
As the gentleman from California (Mr. Herger) has so eloquently
described, this will help foster children across the country. But I
think an easier way to look at it is here in the District of Columbia
area where we are a subway ride from three States. From Maryland to
Virginia to D.C., we will find that a juvenile judge in one area may
have a placement of a child with a relative or acceptable foster family
in another area as they move from Maryland to Virginia.
Now in California in the gentleman's district there, there may not be
a lot of people wanting to go to Oregon or Nevada, it is a little
longer trip. But in areas like the New Jersey-New York area, heavily
populated areas are close by, and children could easily be placed in
close proximity and have to cross State lines. This legislation will
allow that to be done.
It takes care of a lot of technical details in terms of speeding up
the process so that approval can be done across State lines, and it
calls on States to update their requirements for approving the transfer
of children across State lines and into foster care.
It probably will help older children, and by older I am saying 9 or
older, who we have the most difficulty in placing in foster care. It is
for that reason that this will help. Right now, a child 9 years or
older has maybe a 20 percent chance or less of placement. We need to do
better, and this bill will help.
We have 100,000 children ready for adoption, and this Congress should
indeed do all that it can to expedite those procedures.
Mr. Speaker, I would like at this point first of all to commend the
distinguished chairman of the Public Assistance Subcommittee of the
Committee on Ways and Means, Mr. Herger, for his Safe and Stable
Families bill which we hope will be coming to the floor soon. It
provides another $40 million to train case workers to help in this
area. Chairman Herger has done yeoman's work on that bipartisan bill,
and I know we are getting help from the junior Senator from the State
of California who has offered to help expedite it on the Senate side,
and with some luck, we will be able to pass that bill.
Mr. Speaker, I reserve the balance of my time.
Mr. HERGER. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Ohio (Ms. Pryce).
Ms. PRYCE of Ohio. Mr. Speaker, replacing a void in a child's life or
a parent's life and filling it with love and laughter is one of the
most wonderful gifts in the world. As twice an adoptive mother, I know
this joy firsthand. And also I believe it is our duty as legislators to
work with adoption and foster care advocates to break down barriers, to
bring more children and families together.
Today we have the opportunity to knock down a barrier to improve the
lives of these kids right here in America. Right now, children are
waiting as long as a year for paperwork to go through the system before
they can be placed with a family. Imagine, Mr. Speaker, paperwork
standing in the way of a permanent, loving home for a 100,000
lingering, at-risk kids. There is no excuse, and we can change it.
This legislation will expedite the safe placement of children into
homes even across State lines by instituting a 60-day deadline and
giving financial incentives for States to process the paperwork
quickly.
I commend the gentleman from Texas (Mr. DeLay) for his leadership on
this most-important issue. He has been a devout advocate for foster
kids and foster families as long as I have known him.
I also want to thank Chairman Herger and Mr. Stark for their
assistance on this bill. Thousands of kids are waiting to walk into the
arms of a loving family and through the door of a permanent home. This
legislation will move us closer to the day when every child feels the
joy, love and security that a family can provide. I urge my colleagues
to support this measure.
Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I cannot resist the opportunity to note that it is this
issue of helping children that in my 34 years here has always brought
us together as no other issue does. The gentlewoman from Ohio, with
whom I have often disagreed on political issues, and I note the
presence of the gentleman from Texas (Mr. DeLay) with whom I have
disagreed on almost every issue except in the area of helping children.
Now I suspect it is because the Republicans need more Republicans, and
they are trying to get more children into politics, but other than
that, Mr. Speaker, it is in the spirit of helping young people mature
in this country.
I do not know if many of you know that the gentleman from Texas is
responsible, and I say this having chaired the District Committee when
there used to be one, but with the gentlewoman from the District of
Columbia (Ms. Norton), he was instrumental in creating a family court
in the District of Columbia, which most other States or jurisdictions
have. Now he has done some other things with legislation in Texas with
which I have a little trouble. But other than that, he has created a
court here that helps children.
I want to remark on one other thing in Mr. DeLay's career. I am aware
that, in Texas, he has created a most unique and it sounds to me like
an exciting community called the Rio Bend Community. For those who are
unfamiliar with this, it creates a subdivision of let us say eight
homes. I suspect they are ranch homes or standard homes, where eight
families who have foster children and perhaps birth children can live
in close proximity and share baby-sitting and teaching.
When I talk about sharing teaching, I am also aware that in this area
of Rio Bend, Texas, the distinguished gentleman from Texas (Mr. DeLay)
is known as Old Hypotenuse, and Old Hypotenuse has been tutoring the
children in this community in geometry. He may not know that I got a
100 in geometry in high school, Mr. Speaker, and I might be able to
come down and spell him for a while.
But I just want to commend the gentleman from California (Mr. Herger)
[[Page H3152]]
and the gentlewoman from Ohio (Ms. Pryce) and Mr. DeLay for the
marvelous work they have done for children in this country. I hope we
can continue in a bipartisan way to unify our efforts in the House to
make every day for every child in this country more healthy with better
education and a better opportunity to develop into citizens of which we
can all be proud.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Cardoza).
Mr. CARDOZA. Mr. Speaker, I rise today in support of H.R. 5403
sponsored by Mr. DeLay, and I would like to associate myself with Mr.
Stark's remarks and that while we have not always agreed on every
policy issue, there is no doubt that Mr. DeLay will be fondly
remembered in this House for his tireless work on behalf of foster
children and disadvantaged youth. I very much appreciate knowing him
and the work we have done together. This is not our first effort to
work together on a bill, and I appreciate Mr. DeLay and his work in
this House.
As Members on opposing sides of the political spectrum, we are coming
together today to do fabulous work. As an adoptive parent myself of
foster children, I have seen firsthand the glaring problems of the
system currently facing this Nation. At any time, there are roughly
500,000 children in foster care in the United States, moving from
placement to placement, often living out of a suitcase or even worse,
the symbol of foster children, which is a black garbage bag, hoping
that one day a loving family will welcome them into their home.
H.R. 5403, Safe and Timely Interstate Placement of Foster Children
Act, addresses one specific yet extremely important aspect of the
system of adoption across State lines. Often an impediment to foster
children's placement to permanent homes occurs when a child from one
State is adopted by a family from another. The State where the family
resides must complete a home study in order to verify that the
placement is safe, secure and ready for the new child. Often, these
types of home studies are a low priority for the State where the
adoptive family resides and can lead to delays, often taking months and
sometimes years to complete.
{time} 1330
This legislation that we are considering today would establish a 60-
day deadline for completing an interstate home study. If the State
completes the home study within 30 days, H.R. 5403 would authorize a
monetary incentive for the completed study to be used for the adoption-
related expenses.
The children this bill seeks to help are already needy, neglected
children without a voice who desperately want a permanent home,
something that most all of us have always taken for granted. They want
to go to school, the same school with the same friends for more than a
few months. They want someone to tuck them in at night and help them
with their homework. They want to stop living out of a black garbage
bag that doubles as a suitcase and have a real home with a bed they can
call their own.
Over the years I have met numerous children from all over the country
who are in various stages of foster care. I have heard great stories
where children are reunited with their biological parents who are
placed in loving, adoptive homes. But I have also heard of other
stories that have just sickened me.
One boy I met at a school for foster children in my district told me
the story of his life that seems quite fitting to this debate.
I met this young boy, and he had been placed in foster care at an
early age and had been moved in and out of seven different foster homes
up and down the State of California. As you can imagine, he grew jaded
and resentful from the harsh life he was forced to live. He was also
separated from brothers and sisters whom he loved very much. Finally,
he was placed in a family that saw through his rough exterior and
wanted to adopt him. This young boy was convinced that he had finally
found a real home with devoted parents that he had always dreamed of.
However, soon after he was placed with his family, the father in this
foster family was transferred to North Carolina and the family was
forced to move. Unfortunately, they couldn't get the paperwork
processed between California and North Carolina in order to facilitate
the adoption. So this young boy was left behind in California and is
now residing in a group home.
It is our job as Members of Congress to be a voice for these children
and make sure their dreams are recognized. We owe it to them to
streamline the adoption process and make Federal law work towards
positive outcomes. If that means requiring a State to get their act in
gear and complete timely home studies, then so be it.
Thank you, Mr. DeLay, for the legislation. Thank you, Mr. Herger, for
your work on this topic.
Mr. HERGER. Mr. Speaker, I hear these touching stories, and
regrettably they are true, and the gentleman from California (Mr.
Cardoza) and some other stories we have heard, some 12 hearings of the
tragedies that we see take place with these foster care children, not
only being transferred seven times, as the gentleman from California
mentioned, but maybe 50 or 60 in some cases.
Now it is my great pleasure to yield such time as he may consume to
the author of this legislation, someone who we have been hearing a lot
about, who has spent years, both he and his wife, working in this area,
to the gentleman from Texas (Mr. DeLay).
Mr. DeLAY. Mr. Speaker, this is the last piece of legislation that I
will ever introduce in the United States House of Representatives. I am
incredibly honored to do this piece of legislation, particularly at
this time. It shows that there is a strong feeling in this House, as
exemplified by Mr. Stark; and thank you, sir, for your words and thank
you for your work on this.
Mr. Herger, Mr. Chairman, I greatly appreciate your work on not just
this piece of legislation, but for foster kids and abused and neglected
children around the United States.
Mr. Cardoza, thank you for those words; and your words show your deep
feelings and understanding for the plight of foster children in this
country and how we are trying to make their life just a little bit
better. I appreciate Mr. McDermott's support for this legislation, too,
and everybody's work on it.
I particularly appreciate Dr. Cassie Bevan, who has been on my staff
for a long time, who has been the leading force in a lot of the work
that we have been able to do, the good work that we have been able to
do in this House of Representatives.
I pay particular tribute to my wife, who has a deep, deep abiding
love for these children and what their future holds.
This bill, the Safe and Timely Interstate Placement of Foster
Children Act, will bring urgently needed reform to America's broken
system, a broken system of placing abused and neglected children in
permanent homes across State lines.
The current system is an insult to any notion of compassion or
justice that animates our national commitment to child welfare.
Children are moved from home to home to home. They are looking for
strong and safe and permanent homes.
We have one child in Rio Bend, that was mentioned by Mr. Stark, that
is 17 years old, got into the system at age 6 or 7, in 10 years has
been moved over 150 times, 150 times. Thousands of children are being
shuttled in and out of our broken, debasing foster care system. They
have foster or adoptive families out of State that are more than
willing to provide them a permanent, safe and loving home.
Yet this system, as inefficient and backward as any government
program, typically holds abused and neglected children in the perdition
of government foster care for a full year longer than a child placed
in-State, an extra year.
Do you realize what a year means to a child? It is forever. Just
because a second government bureaucracy that operates without deadlines
or incentives has its chance to let a child down. This is a year lost,
Mr. Speaker, a year in the life of an innocent child, a year lost to
abuse and neglect and violence and uncertainty and fear.
There is no justification or excuse for such monstrous inequality.
The child welfare system exists for these children and must be
organized around their needs, not the other way around.
So under this bill, once a child is deemed in need of an out-of-state
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placement, the State has 60 days to find a child a foster or adoptive
home and 14 days to approve that home. It also creates a financial
incentive of $1,500 for States that complete their home studies in 30
days or less.
Our society has a moral obligation to provide for children who are
abused and neglected by their parents or others; and, despite the best
intentions, our society is too often failing to do so. This bill will
not instantly make life good for abused and neglected children in our
society, but it can help make it better.
That, Mr. Speaker, is worth the vote of every Member of this body. So
I urge my colleagues to support this legislation and just take one
small step toward alleviating the burden of our abused and neglected
sons and daughters.
Mr. STARK. Mr. Speaker, I reserve the balance of my time.
Mr. HERGER. I yield 3 minutes to our distinguished majority whip, the
gentleman from Missouri (Mr. Blunt).
Mr. BLUNT. Mr. Speaker, I thank the gentleman for recognizing me. I
am pleased to stand in support of this legislation and also legislation
that in such a significant way recognizes the great work that Mr. DeLay
has done on behalf of foster children and on behalf of adoption.
Everyone in this body understands the long-term commitment that the
gentleman from Texas has had on this issue. I expect that few outside
of this body appreciate the great work that he has done, the tremendous
commitment that Mrs. DeLay has made to foster children and to adoptive
children in this case.
Here is a bill that once again looks at how much a year means in the
life of a child that is going into a foster home, can't get placed in a
foster home, can't get ready to be adopted. A year in life, if you are
3 or 5 or 15, is a long, long part of the life that you have lived.
The average now for children who are going into foster adoptive
families across State lines is an extra year. This legislation tries to
eliminate that year. This legislation tries to make it more possible
for children to be placed with families as soon as possible, rather
than longer than absolutely necessary.
This legislation is on the floor today, as many before it have been,
because of Mr. DeLay's commitment and his family's commitment to the
lives of children. The lives of children are dramatically changed when
someone gets an opportunity to care about them.
Fortunately for the laws of the country, Tom DeLay has always cared
about children. For the individual children that will be impacted by
this bill, their opportunity comes quicker. The love and attention
comes quicker.
I appreciate the comments that Mr. Stark has made. I appreciate the
work that Mr. DeLay has done. I am sure our colleagues today will be
eager to see us advance this important change in the law.
Mr. STARK. Mr. Speaker, will the distinguished majority whip yield?
Mr. BLUNT. I yield to the gentleman from California.
Mr. STARK. Mr. Speaker, I do not think it should go unnoticed that
the distinguished majority whip has become a recent adoptive father of,
I believe, now a 7-month-old boy.
Mr. BLUNT. An 18-month-old.
Mr. STARK. We seriously hope that he will grow up to be a Democrat.
But, aside from that, I want to extend best wishes. He is a man who
practices what he preaches and is doing his share to extend this
concern for adoptive children in this country.
Mr. BLUNT. I thank my friend. Little Charlie Blunt will appreciate
your comments as well. Thank you.
Mr. HERGER. Mr. Speaker, I yield 2 minutes to a member of the
Subcommittee on Human Resources, the distinguished gentlewoman from
Pennsylvania (Ms. Hart).
Ms. HART. Mr. Speaker, I thank the chairman for sponsoring the
legislation, along with our colleagues on the committee, but especially
Mr. DeLay and Mr. Stark for being the prime sponsors of legislation.
A lot of us have a lot of life experience that we bring to Congress.
I know sometimes the general public doesn't believe that we do. Many of
us are lawyers, and sometimes that is looked upon disparagingly by the
general public.
But in my practice I dealt with the foster system, and I wasn't very
pleased. Unfortunately, it didn't often work out as well as it should
have for the children.
When I was a State senator, we had a debate about our foster system
and our adoption laws and how we were treating children as chattel, the
legal term for a possession. This bill helps move us away from that
attitude. It helps us move toward treating children as the human beings
that they are and the valued human beings who need love and nurturing
that they are.
I rise in support of this bill, the Safe and Timely Interstate
Placement of Foster Children Act. It will expedite the safe placement
of foster adoptive children in foster homes across State lines.
Currently, these types of placements take an additional year on top of
all the years that the poor child has already spent in foster care.
The results of delaying safe placement have terrible implications for
children. These delays are unreasonably long. They should not exist,
and psychologists have stressed the importance of placing children in
safe and loving environments in a timely manner.
The sooner a child is part of a safe and secure family, the sooner
that child will thrive. Whether it be with a family member or another
loving family, the best interests of that child dictate permanency.
Among other things, this bill will require courts to notify any
foster parents, pre-adoptive parents, relatives, caregivers of the
child of any court proceeding to be held concerning the child and
strengthen the right of these individuals to be at permanency hearings
and perhaps to be the permanent home for that child.
All of these important changes to current law ensure that some of the
most vulnerable children, not only those who have been neglected or
abused but who are also on top of it, have been in foster care with a
lack of security, that they get that security, that they get that
security sooner, and that a safe and secure, loving home will be
theirs.
{time} 1345
Mr. STARK. Mr. Speaker, I yield such time as he may consume to the
distinguished ranking member of our subcommittee, the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, we can improve the lives of abused and
neglected children in this Nation. One of the powers that we have, the
Federal Child Welfare Program, is a lifeline we don't use enough, in my
view.
We know as legislators that the system needs reform. We saw it around
Katrina very much as youngsters were spread across the country and fell
between the cracks in a whole variety of situations.
We know as parents that the vulnerable want and need only what our
own children want and need, to be loved, cherished and protected. Today
we have an opportunity to extend our hand as caring adults and take
hold of vulnerable children, and we should take it.
H.R. 5403, proposed by Mr. DeLay of Texas, takes a step in the right
direction. It has been here before, I have supported it before, and I
am proud to do that again today.
As the ranking member of the Human Resources Subcommittee, I believe
children come first, and there is no such thing as a political divide
if we can better protect and nurture vulnerable children in America.
I stand here to support my Republican colleague, Mr. DeLay, and urge
the House to unanimously pass this legislation.
Specifically, this bill strives to safely speed the placement of
children in foster care or adoptive homes across State lines when this
is considered an appropriate thing to do. This is very important,
because today there are a number of barriers that prevent the timely
placement of children in homes across State lines.
We are a very mobile population, and laws that used to seem to make
sense really do not today, and that is why we need this bill. They
include an overly long time to conduct home studies to ensure the
safety of children, obtaining criminal background checks on prospective
foster care and adoptive parents, inadequate State resources and
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often a low priority assigned to interstate placement of foster and
adoptive children. It is the latter that is really the problem.
This bill creates meaningful incentives for States to address these
barriers, and I urge my colleagues to support this initiative. It is
meaningful legislation. This is not symbolic. It has some real power to
change things. But it is more than that. By passing this bill, we
recognize the heroic efforts of countless Americans across this
country, foster parents and the caseworkers who deal with them and the
many others who strive to help kids who are in need.
By passing this legislation, we also rightly honor the leadership in
fighting for vulnerable children by Mr. Tom DeLay. He has made a
difference, and it is no surprise that he keeps fighting to protect and
defend children. All too often, we are the light of hope for abused and
neglected children. Today, let us curse the darkness by passing this
bill.
Mr. HERGER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Texas (Mr. Brady), a member of the Ways and Means
Committee.
Mr. BRADY of Texas. Mr. Speaker, this act ought to probably be
entitled the Get Foster Children Out of the System Into a Safe Home As
Soon As Possible Act, as it has real consequences for our foster
children.
There have been so often foster children, even in the best system,
that are lost in that system. These delays can be as, Tom DeLay has
told you, just so harmful for them. Moving them forward is the right
thing to do, and it is a possible thing to do.
Each week on TV, we watch on ``Home Makeover'' a set of people come
together and build a complete home for a family in one week. Why can't
we find a good, safe loving home for children in 2 months? It is
important we do this.
Our family has been through two home studies in our adoption, and I
know what a difference how soon and how accurate and how important
these home studies can be done. We ought not let a State line get in
the way of helping these children.
I can tell you that Tom DeLay has been such an advocate and champion
for children. When you see the work of Rio Bend, what he and his wife
are doing, it is just remarkable. I strongly support this bill.
Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have no more speakers. I would just like to reiterate
my thanks to all the people. I would like to mention Sean McCluskie,
who has been my staff member on the Subcommittee for Human Resources
for over 7 years and, unfortunately, is leaving us for greener
pastures.
I want to thank all of the staff on both sides of the aisle who
worked so hard on these bills that come before our subcommittee which
get little attention outside of the professionals in the social work
field.
Again, I thank our Chair and thank Mr. DeLay and the people who have
worked so well together to make this important step to improve the
lives of foster and perhaps adoptive children.
Mr. Speaker, I yield back the balance of my time.
Mr. HERGER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, the legislation we are considering today is an important
step that will ensure timely and safe homes for children. This bill
would help speed up the interstate adoption process so that children
could be placed in permanent, loving homes more quickly.
I thank my colleagues across the aisle, the gentleman from California
(Mr. Stark) and others, for their work on this bipartisan legislation,
and I again wish to thank the distinguished gentleman from Texas, Mr.
DeLay, for his tireless work to improve the lives of abused and
neglected children.
I urge all of my colleagues to join me in support of this
legislation.
Mr. THOMAS. Mr. Speaker, I rise in support of H.R. 5403, the Safe and
Timely Interstate Placement of Foster Children Act of 2006. I am
pleased to be a cosponsor of this bipartisan legislation, which is
sponsored by Mr. DeLay.
There are approximately 518,000 children currently in foster care.
The legislation before us today is an important first step in our
efforts to improve the structure that exists to find a family for these
children in order to prevent them from needlessly lingering in foster
care.
Specifically, H.R. 5403 would encourage states to expedite the safe
placement of foster and adoptive children into homes across state
lines. The data suggest that it takes 2 years on average for foster or
adoptive children to be placed in homes across state lines. That is
longer than the average time frame for placing children in homes within
the same states. Under this legislation, states would be required to
establish procedures to ensure interstate placements occur within 60
days.
The legislation also would authorize incentive payments to states
that place children in safe homes within 30 days. Since we first began
providing incentive payments to promote adoption in 1997, the number of
adoptions of children from foster care has almost doubled. We expect
this new incentive program will help expedite the safe placement of
children lingering in foster care, especially when relatives or others
have expressed an interest in providing a loving home.
Almost 20,000 children age out of foster care every year at age 18
without the benefit of a family to call their own. This legislation
will improve that situation and ensure that more children are raised in
loving families instead of waiting needlessly in temporary homes.
Accordingly, I ask my colleagues to support this important legislation.
Mr. CAMP of Michigan. Mr. Speaker, I wish to express my strong
support for legislation the House is considering today, H.R. 5403, the
Safe and Timely Interstate Placement of Foster Children Act, introduced
by Rep. Tom DeLay (R-TX).
First, I would like to commend Mr. DeLay for his work on behalf of
foster children, and in the development of this bill. As the sponsor of
the Adoption and Safe Families Act, I have had the privilege of working
with Mr. DeLay to improve the lives of children in foster care, and
promote the adoption of children into safe and loving families.
As a cosponsor of H.R. 5403, the bill before us today further
expedites the safe placement of foster care children. Under current
rules, children wait a year or more for states to approve placements
across state lines. Children deserve better treatment, and I am glad
that H.R. 5403 places a 60 day deadline on the approval of placements
across state lines. Importantly, the bill also seeks to keep families
together by providing incentive payments for the placement of children
with extended family members.
Again, I want to applaud Mr. DeLay for his tireless advocacy on
behalf of foster children, and for his work on H.R. 5403. I am
confident this legislation will improve the lives foster children
everywhere.
Mr. HERGER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gutknecht). The question is on the
motion offered by the gentleman from California (Mr. Herger) that the
House suspend the rules and pass the bill, H.R. 5403.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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