[Congressional Record Volume 154, Number 105 (Tuesday, June 24, 2008)]
[House]
[Pages H5921-H5932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOSTERING CONNECTIONS TO SUCCESS ACT
Mr. McDERMOTT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6307) to amend parts B and E of title IV of the Social
Security Act to assist children in foster care in developing or
maintaining connections to family, community, support, health care, and
school, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6307
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 ``Fostering Connections to
Success Act''.
SEC. 2. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR
CHILDREN.
(a) State Plan Option.--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 (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding at the end the following:
``(28) at the option of the State, provides for the State
to enter into kinship guardianship assistance agreements to
provide kinship guardianship assistance payments on behalf of
children to grandparents and other relatives who have assumed
legal guardianship of the children for whom they have cared
as foster parents and for whom they have committed to care on
a permanent basis, as provided in section 473(d).''.
(b) In General.--Section 473 of such Act (42 U.S.C. 673) is
amended by adding at the end the following:
``(d) Kinship Guardianship Assistance Payments for
Children.--
``(1) Kinship guardianship assistance agreement.--
``(A) In general.--In order to receive payments under
section 474(a)(6), a State shall--
``(i) negotiate and enter into a written, binding kinship
guardianship assistance agreement with the prospective
relative guardian of a child who meets the requirements of
this paragraph;
``(ii) provide the prospective relative guardian with a
copy of the agreement; and
``(iii) certify that any child on whose behalf kinship
guardianship assistance payments are made under the agreement
shall be provided medical assistance under title XIX in
accordance with section 1902(a)(10)(A)(i)(I).
``(B) Minimum requirements.--The agreement shall specify,
at a minimum--
``(i) the amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the
agreement;
``(ii) the additional services and assistance that the
child and relative guardian will be eligible for under the
agreement;
``(iii) the procedure by which the relative guardian may
apply for additional services as needed; and
``(iv) subject to subparagraph (D), that the State will pay
the total cost of nonrecurring expenses associated with
obtaining legal guardianship of the child, to the extent the
total cost does not exceed $2,000.
``(C) Interstate applicability.--The agreement shall
provide that the agreement shall remain in effect without
regard to the State residency of the kinship guardian.
``(D) No effect on federal reimbursement.--Nothing in
subparagraph (B)(iv) shall be construed as affecting the
ability of the State to obtain reimbursement from the Federal
Government for costs described in that subparagraph.
``(2) Kinship guardianship assistance payment.--
``(A) In general.--The kinship guardianship assistance
payment shall be equal to the amount of the foster care
maintenance payment for which the child would have been
eligible if the child had remained in a foster family home,
or, at State option, the amount of the adoption assistance
payment for which the child would have been eligible if the
child had been adopted, and may be readjusted periodically
based on changes in the circumstances of the relative
guardians involved and the needs of the child.
Notwithstanding the preceding sentence, the amount of the
kinship guardianship assistance payment may not exceed the
foster care maintenance payment which would have been paid
during the period involved if the child had been in a foster
family home.
``(B) Limitation.--A State may not make a kinship
guardianship assistance payment to a relative guardian for
any child who has attained 18 years of age, or such greater
age as the State may elect under section 475(8)(B)(iii).
``(3) Child's eligibility for a kinship guardianship
assistance payment.--
``(A) In general.--A child is eligible for a kinship
guardianship assistance payment under this subsection if the
State agency determines the following:
``(i) The child has been--
``(I) removed from his or her home pursuant to a voluntary
placement agreement or as a result of a judicial
determination to the effect that continuation in the home
would be contrary to the welfare of the child;
``(II) under the care of the State agency for the 12-month
period ending on the date of the agency determination;
``(III) eligible for foster care maintenance payments under
section 472 while in the home of the prospective relative
guardian; and
``(IV) residing for at least 6 months with the prospective
relative guardian.
``(ii) Being returned home or adopted are not appropriate
permanency options for the child.
``(iii) The child demonstrates a strong attachment to the
prospective relative guardian and the relative guardian has a
strong commitment to caring permanently for the child.
``(iv) With respect to a child who has attained 14 years of
age, the child has been consulted regarding the kinship
guardianship arrangement.
``(B) Treatment of siblings.--With respect to a child
described in subparagraph
[[Page H5922]]
(A) whose sibling or siblings are not so described--
``(i) the child and any sibling of the child may be placed
in the same kinship guardianship arrangement if the State
agency and the relative agree on the appropriateness of the
arrangement for the siblings; and
``(ii) kinship guardianship assistance payments may be paid
for the child and each sibling so placed.''.
(c) Conforming Amendments.--
(1) Eligibility for adoption assistance payments.--Section
473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended by
adding at the end the following:
``(D) In determining the eligibility for adoption
assistance payments of a child in a legal guardianship
arrangement described in section 471(a)(28), the placement of
the child with the relative guardian involved shall be
considered never to have been made.''.
(2) State plan requirement.--
(A) In general.--Section 471(a)(20) of such Act (42 U.S.C.
671(a)(20)) is amended--
(i) by adding ``and'' at the end of subparagraph (C); and
(ii) by adding at the end the following:
``(D) provides procedures for criminal records checks,
including fingerprint-based checks of national crime
information databases (as defined in section 534(e)(3)(A) of
title 28, United States Code), on any relative guardian, and
for checks described in subparagraph (C) of this paragraph on
any relative guardian and any other adult living in the home
of any relative guardian, before the relative guardian may be
finally approved for placement of a child regardless of
whether kinship guardianship assistance payments are to be
made on behalf of the child under the State plan under this
part;''.
(B) Redesignation of new provision after amendment made by
prior law takes effect.--
(i) In general.--Section 471(a)(20) of the Social Security
Act (42 U.S.C. 671(a)(20)) is amended--
(I) in subparagraph (D), by striking ``(C)'' and inserting
``(B)''; and
(II) by redesignating subparagraph (D) as subparagraph (C).
(ii) Effective date.--The amendments made by clause (i)
shall take effect immediately after the amendments made by
section 152 of Public Law 109-248 take effect.
(3) Payments to states.--Section 474(a) of such Act (42
U.S.C. 674(a)) is amended--
(A) by striking the period at the end and inserting ``;
plus''; and
(B) by adding at the end the following:
``(6) an amount equal to the percentage by which the
expenditures referred to in paragraph (2) of this subsection
are reimbursed of the total amount expended during such
quarter as kinship guardianship assistance payments under
section 473(d) pursuant to kinship guardianship assistance
agreements.''.
(4) Definitions.--Section 475(1) of such Act (42 U.S.C.
675(1)) is amended by adding at the end the following:
``(F) In the case of a child with respect to whom the
permanency plan is placement with a relative and receipt of
kinship guardianship assistance payments under section
473(d), a description of--
``(i) the steps that the agency has taken to determine that
it is not appropriate for the child to be returned home or
adopted;
``(ii) the reasons for any separation of siblings during
placement;
``(iii) the reasons why a permanent placement with a fit
and willing relative through a kinship guardianship
assistance arrangement is in the child's best interests;
``(iv) the ways in which the child meets the eligibility
requirements for a kinship guardianship assistance payment;
``(v) the efforts the agency has made to discuss adoption
by the child's relative foster parent as a more permanent
alternative to legal guardianship and, in the case of a
relative foster parent who has chosen not to pursue adoption,
documentation of the reasons therefor; and
``(vi) the efforts made by the State agency to discuss with
the child's parent or parents the kinship guardianship
assistance arrangement, or the reasons why the efforts were
not made.''.
(d) Continued Services Under Waiver.--Section 474 of such
Act (42 U.S.C. 674) is amended by adding at the end the
following:
``(g) For purposes of this part, after the termination of a
demonstration project relating to guardianship conducted by a
State under section 1130, the expenditures of the State for
the provision, to children who, as of September 30, 2008,
were receiving assistance or services under the project, of
the same assistance and services under the same terms and
conditions that applied during the conduct of the project,
are deemed to be expenditures under the State plan approved
under this part.''.
SEC. 3. FAMILY CONNECTION GRANTS.
Part B of title IV of the Social Security Act (42 U.S.C.
620-629i) is amended by adding at the end the following:
``Subpart 3--Family Connection Grants
``SEC. 441. FAMILY CONNECTION GRANTS.
``(a) In General.--The Secretary of Health and Human
Services may make matching grants to State, local, or tribal
child welfare agencies, and private nonprofit organizations
that have experience in working with foster children or
children in kinship care arrangements, for the purpose of
helping children who are in, or at risk of entering, foster
care reconnect with family members through the implementation
of--
``(1) kinship navigator programs designed to assist kinship
caregivers in navigating their way through programs and
services, and to help the caregivers learn about and obtain
assistance to meet the needs of the children they are raising
and their own needs;
``(2) intensive family-finding efforts that utilize search
technology to find biological family members for children in
the child welfare system, and once identified, work to
reestablish relationships and explore ways to find a
permanent family placement for the children; or
``(3) family group decision-making meetings for children in
the child welfare system that engage and empower families to
make decisions and develop plans that nurture children and
protect them from enduring further abuse and neglect.
``(b) Applications.--An entity desiring to receive a
matching grant under this section shall submit to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require,
including--
``(1) a description of how the grant will be used to
implement 1 or more of the activities described in subsection
(a);
``(2) a description of the types of children and families
to be served, including how the children and families will be
identified and recruited, and an initial projection of the
number of children and families to be served;
``(3) if the entity is a private organization--
``(A) documentation of support from the relevant local or
State child welfare agency; or
``(B) a description of how the organization plans to
coordinate its services and activities with those offered by
the relevant local or State child welfare agency; and
``(4) an assurance that the entity will cooperate fully
with any evaluation provided for by the Secretary under this
section.
``(c) Limitations.--
``(1) Grant duration.--The Secretary may award a grant
under this section for a period of not less than 1 year and
not more than 3 years.
``(2) Number of new grantees per year.--The Secretary may
not award a grant under this section to more than 20 new
grantees each fiscal year.
``(d) Federal Contribution.--The amount of a grant payment
to be made to a grantee under this section during each year
in the grant period shall be the following percentage of the
total expenditures proposed to be made by the grantee in the
application approved by the Secretary under this section:
``(1) 75 percent, if the payment is for the 1st or 2nd year
of the grant period.
``(2) 50 percent, if the payment is for the 3rd year of the
grant period.
``(e) Form of Grantee Contribution.--A grantee under this
section may provide not more than 50 percent of the amount
which the grantee is required to expend to carry out the
activities for which a grant is awarded under this section in
kind, fairly evaluated, including plant, equipment, or
services.
``(f) Use of Grant.--A grantee under this section shall use
the grant in accordance with the approved application for the
grant.
``(g) Reservations of Funds.--
``(1) Evaluation.--The Secretary shall reserve 3 percent of
the funds made available under subsection (h) for each fiscal
year for the conduct of a rigorous evaluation of the
activities funded with grants under this section.
``(2) Technical assistance.--The Secretary may reserve 2
percent of the funds made available under subsection (h) for
each fiscal year to provide technical assistance to
recipients of grants under this section.
``(h) Limitations on Authorization of Appropriations.--To
carry out this section, there are authorized to be
appropriated to the Secretary not more than $50,000,000 for
each of fiscal years 2009 through 2013.''.
SEC. 4. NOTIFICATION TO RELATIVES OF FOSTER CARE PLACEMENTS.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)), as amended by section 2(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) provides that, not later than 30 days after the date
the State places a child in foster care, the State agency
shall attempt to locate and notify any noncustodial parents,
siblings, grandparents, aunts, or uncles of the child who are
adults, of the removal of the child from the custody of the
child's parent or parents and explain the options the
relative has to participate in the care and placement of the
child, subject to exceptions due to family or domestic
violence which shall be provided for under State law.''.
SEC. 5. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN
CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP
PLACEMENT, AFTER ATTAINING AGE 18.
(a) Definition of Child.--Section 475 of the Social
Security Act (42 U.S.C. 675) is amended by adding at the end
the following:
``(8)(A) Subject to subparagraph (B), the term `child'
means an individual who has not attained 18 years of age.
``(B) At the option of a State, the term shall include an
individual--
``(i)(I) who is in foster care under the responsibility of
the State;
``(II) with respect to whom an adoption assistance
agreement is in effect under section
[[Page H5923]]
473 if the child had attained 16 years of age before the
agreement became effective; or
``(III) with respect to whom a kinship guardianship
assistance agreement is in effect under section 473(d) if the
child had attained 16 years of age before the agreement
became effective;
``(ii) who has attained 18 years of age;
``(iii) who has not attained 19, 20, or 21 years of age, as
the State may elect; and
``(iv) who is--
``(I) completing secondary education or a program leading
to an equivalent credential;
``(II) enrolled in an institution which provides post-
secondary or vocational education;
``(III) participating in a program or activity designed to
promote, or remove barriers to, employment; or
``(IV) employed for at least 80 hours per month.''.
(b) Conforming Amendment to Definition of Child-Care
Institution.--Section 472(c)(2) of such Act (42 U.S.C.
672(c)(2)) is amended by inserting ``, except, in the case of
a child who has attained 18 years of age, the term shall
include a supervised setting in which the individual is
living independently, in accordance with such conditions as
the Secretary shall establish in regulations'' before the
period.
(c) Conforming Amendments to Age Limits Applicable to
Children Eligible for Adoption Assistance or Kinship
Guardianship Assistance.--Section 473(a)(4) of such Act (42
U.S.C. 673(a)(4)) is amended to read as follows:
``(4)(A) Notwithstanding any other provision of this
section, a payment may not be made pursuant to this section
to parents or relative guardians with respect to a child--
``(i) who has attained--
``(I) 18 years of age, or such greater age as the State may
elect under section 475(8)(B)(iii); or
``(II) 21 years of age, if the State determines that the
child has a mental or physical handicap which warrants the
continuation of assistance;
``(ii) who has not attained 18 years of age, if the State
determines that the parents or relative guardians, as the
case may be, are no longer legally responsible for the
support of the child; or
``(iii) if the State determines that the child is no longer
receiving any support from the parents or relative guardians,
as the case may be.
``(B) Parents or relative guardians who have been receiving
adoption assistance payments or kinship guardianship
assistance payments under this section shall keep the State
or local agency administering the program under this section
informed of circumstances which would, pursuant to this
subsection, make them ineligible for the payments, or
eligible for the payments in a different amount.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 6. SHORT-TERM TRAINING FOR CHILD WELFARE AGENCIES,
PROSPECTIVE RELATIVE GUARDIANS, AND COURT
PERSONNEL.
(a) In General.--Section 474(a)(3)(B) of the Social
Security Act (42 U.S.C. 674(a)(3)(B)) is amended--
(1) by inserting ``or relative guardians'' after ``adoptive
parents'';
(2) by striking ``and the members'' and inserting ``, the
members'';
(3) by inserting ``, or State-licensed or State-approved
child welfare agencies providing services,'' after
``providing care'';
(4) by inserting ``, and members of the staff of abuse and
neglect courts, agency attorneys, attorneys representing
children or parents, guardians ad litem, or other court-
appointed special advocates representing children in
proceedings of such courts'' after ``part,'';
(5) by inserting ``guardians,'' before ``staff members,'';
and
(6) by striking ``and institutions'' and inserting
``institutions, attorneys, and advocates''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008.
(c) Phase-in.--With respect to an expenditure described in
section 474(a)(3)(B) of the Social Security Act by reason of
an amendment made by subsection (a) of this section, in lieu
of the percentage set forth in such section 474(a)(3)(B), the
percentage that shall apply is--
(1) 55 percent, if the expenditure is made in fiscal year
2009;
(2) 60 percent, if the expenditure is made in fiscal year
2010;
(3) 65 percent, if the expenditure is made in fiscal year
2011; or
(4) 70 percent, if the expenditure is made in fiscal year
2012.
SEC. 7. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION
SERVICES FOR INDIAN CHILDREN IN TRIBAL AREAS.
(a) Authority for Indian Tribes To Receive Direct Federal
Title Iv-E Funds.--Section 472(a)(2)(B) of the Social
Security Act (42 U.S.C. 672(a)(2)(B)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(iii) an Indian tribe or a tribal organization (as
defined in section 479B(a)) or a tribal consortium, if the
Indian tribe, tribal organization, or tribal consortium--
``(I) operates a program under section 479B;
``(II) has a cooperative agreement with a State under
section 479B(d); or
``(III) submits to the Secretary a description of the
arrangements (jointly developed in consultation with the
State) made by the Indian tribe or tribal consortium for the
payment of funds and the provision of the child welfare
services and protections required by this title; and''.
(b) Programs Operated by Indian Tribal Organizations.--Part
E of title IV of such Act (42 U.S.C. 670 et seq.) is amended
by adding at the end the following:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL
ORGANIZATIONS.
``(a) Definitions of Indian Tribe; Tribal Organizations.--
In this section:
``(1) In general.--Except as provided in paragraph (2), the
terms `Indian tribe' and `tribal organization' have the
meanings given those terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(2) Special rule for alaskan tribes.--The term `Indian
tribe' means, with respect to the State of Alaska, only the
Metlakatla Indian Community of the Annette Islands Reserve
and the following Alaska Native regional nonprofit
corporations:
``(A) Artice Slope Native Association.
``(B) Kawerak, Inc.
``(C) Maniilaq Association.
``(D) Association of Village Council Presidents.
``(E) Tanana Chiefs Conference.
``(F) Cook Inlet Tribal Council.
``(G) Bristol Bay Native Association.
``(H) Aleutian and Pribilof Island Association.
``(I) Chugachmuit.
``(J) Tlingit Haida Central Council.
``(K) Kodiak Area Native Association.
``(L) Copper River Native Association.
``(b) Application.--Except as provided in subsections (c)
and (e), this part shall apply to an Indian tribe, tribal
organization, or a tribal consortium that elects to operate a
program under this part in the same manner as this part
applies to a State.
``(c) Modification of Plan and Other Requirements.--
``(1) In general.--In the case of an Indian tribe, a tribal
organization, or a tribal consortium submitting a plan for
approval under section 471, the plan--
``(A) shall--
``(i) in lieu of the requirements of section 471(a)(3),
identify the service area or areas and population to be
served by the Indian tribe, tribal organization, or tribal
consortium; and
``(ii) in lieu of the requirements of section 471(a)(10),
provide for the establishment and application of standards
for foster family homes and child care institutions pursuant
to tribal standards and in a manner that ensures the safety
of, and accountability for, children placed in foster care;
and
``(B) may, at the option of the Indian tribe, tribal
organization, or tribal consortium, in lieu of the
requirements of section 471(a)(20), provide procedures for
conducting background checks in accordance with the
requirements of section 408 of the Indian Child Protection
and Family Violence Prevention Act (25 U.S.C. 3207) and
regulations issued thereunder, and for conducting checks of
child abuse and neglect registries maintained by the Federal
Government, by a State, and by an Indian tribe, tribal
organization, or tribal consortium in a manner that ensures
the safety of, and accountability for, children placed in
foster care or who are being placed for adoption.
``(2) Determination of federal share; sources of non-
federal share.--
``(A) Per capita income.--
``(i) In general.--For purposes of determining the Federal
medical assistance percentage applicable to an Indian tribe,
a tribal organization, or a tribal consortium under
paragraphs (1) and (2) of section 474(a) (and for purposes of
payments made under an arrangement described in section
472(a)(2)(B)(iii)(III)), the calculation of the per capita
income of the Indian tribe, tribal organization, or tribal
consortium shall be based upon the service population of the
Indian tribe, tribal organization, or tribal consortium as
defined in the plan of the Indian tribe, tribal organization,
or tribal consortium, in accordance with paragraph (1)(A),
except that in no case shall an Indian tribe, a tribal
organization, or a tribal consortium receive less than the
Federal medical assistance percentage for any State in which
the tribe is located.
``(ii) Consideration of other information.--Before making a
calculation under clause (i), the Secretary shall consider
any information submitted by an Indian tribe, a tribal
organization, or a tribal consortium that the Indian tribe,
tribal organization, or tribal consortium considers relevant
to making the calculation of the per capita income of the
Indian tribe, tribal organization, or tribal consortium.
``(B) Administrative, training, and data collection
expenditures.--The Secretary shall, by regulation, determine
the proportions to be paid to Indian tribes, tribal
organizations, and tribal consortiums pursuant to section
474(a)(3) for purposes of this section (and for purposes of
payments made under an arrangement described in section
472(a)(2)(B)(iii)(III)), except that in no case shall an
Indian tribe, a tribal organization, or a tribal consortium
receive a lesser proportion than the corresponding amount
specified for a State in that section.
``(C) Sources of non-federal share.--An Indian tribe,
tribal organization, or tribal consortium may use Federal,
State, tribal,
[[Page H5924]]
or private funds, which may be in kind, fairly evaluated,
including plant, equipment, administration, and services, to
match payments for which the tribe, organization, or
consortium is eligible under section 474.
``(3) Modification of other requirements.--On the request
of an Indian tribe, tribal organization, or a tribal
consortium, the Secretary may modify any requirement under
this part if, after consulting with the Indian tribe, tribal
organization, or tribal consortium, the Secretary determines
that modification of the requirement would advance the best
interests and the safety of children served by the Indian
tribe, tribal organization, or tribal consortium.
``(4) Consortium.--The participating Indian tribes or
tribal organizations of a tribal consortium may develop and
submit a single plan under section 471 that meets the
requirements of this section.
``(d) Cooperative Agreements.--
``(1) In general.--An Indian tribe, a tribal organization,
or a tribal consortium and a State may enter into a
cooperative agreement for the administration or payment of
funds under this part.
``(2) Application and enforcement of incorporated
provisions of this section.--If an Indian tribe, a tribal
organization, or a tribal consortium and a State enter into a
cooperative agreement that incorporates any of the provisions
of this section, those provisions shall be valid and
enforceable.
``(3) Prior agreements in effect.--Any cooperative
agreement described in paragraph (1) that is in effect as of
the date of enactment of this section, shall remain in full
force and effect subject to the right of either party to the
agreement to revoke or modify the agreement pursuant to the
terms of the agreement.
``(e) John H. Chafee Foster Care Independence Program.--
Except as provided in section 477(j), subsection (b) of this
section shall not apply with respect to the John H. Chafee
Foster Care Independence Program established under section
477 (or with respect to payments made under section 474(a)(4)
or grants made under section 474(e)).''.
(c) Application of Federal Matching Rate That Would Apply
to Indian Tribes, Tribal Organizations, or Tribal Consortia
to Expenditures Under State Agreements or an Agreement With
the Secretary.--
(1) Foster care maintenance and adoption assistance
payments.--Paragraphs (1) and (2) of section 474(a) of such
Act (42 U.S.C. 674(a)) are each amended by inserting ``(or,
with respect to such payments made during such quarter under
an agreement entered into by the State and an Indian tribe,
tribal organization, or tribal consortium, or under an
arrangement described in section 472(a)(2)(B)(iii)(III), an
amount equal to the Federal medical assistance percentage
that would apply under subsection (c)(2)(A) of section 479B
(in this paragraph referred to as the `tribal FMAP') if such
Indian tribe, tribal organization, or tribal consortium made
such payments under a program operated under that section,
unless the tribal FMAP is less than the Federal medical
assistance percentage that applies to the State)'' before the
semicolon.
(2) Administrative expenditures.--Section 474(a)(3) of such
Act (42 U.S.C. 674(a)(3)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``section 472(i)'' and inserting ``subparagraph (E) and
section 472(i)'';
(B) in subparagraph (D), by striking ``and'' at the end;
(C) by redesignating subparagraph (E) as subparagraph (F);
and
(D) by inserting after subparagraph (D) the following:
``(E) in the case of a State that has entered into an
agreement with an Indian tribe, tribal organization, or
tribal consortium (or an Indian tribe, tribal organization,
or tribal consortium with an arrangement described in section
472(a)(2)(B)(iii)(III)), an amount equal to the proportions
that would be paid to such tribe, organization, or consortium
pursuant to regulations issued under section 479B(c)(2)(B) if
the tribe, organization, or consortium operated a program
under that section; and''.
(d) Hold Harmless for Indian Families Receiving Foster Care
Maintenance Payments or Adoption Assistance.--Nothing in the
amendments made by this Act shall be construed as
authorization to terminate funding to any Indian or Indian
family currently receiving foster care maintenance payments
or adoption assistance on behalf of a child and for which the
State receives Federal matching payments under paragraph (1)
or (2) of section 474(a) of the Social Security Act,
regardless of whether a cooperative agreement between the
State and an Indian tribe, tribal organization, or tribal
consortium is in effect pursuant to subsection (d) of section
479B(d) of such Act, or an Indian tribe, tribal organization,
or tribal consortium elects to operate a foster care and
adoption assistance program directly under such section 479B.
(e) Nonapplication of Certain Eligibility Requirements for
Indian Children.--Section 472(a) of such Act (42 U.S.C.
672(a)) is amended by adding at the end the following:
``(5) Nonapplication of certain requirements for indian
children.--In the case of an Indian tribe, tribal
organization, or tribal consortium that assumes
responsibility for administering the program under this part
through a cooperative agreement with the State under section
479B(d), or that elects to operate a foster care and adoption
assistance program directly under section 479B, the following
rules shall apply:
``(A) Use of affidavits, etc.--The requirement in paragraph
(1) shall not be interpreted so as to prohibit the use of
affidavits or nunc pro tunc orders as verification documents
in support of the reasonable efforts and contrary to the
welfare of the child judicial determinations required under
such paragraph.
``(B) Residency requirement imposed under afdc state
plan.--Notwithstanding paragraph (3)(A), any residency
requirement imposed under the State plan referred to in such
paragraph shall not apply with respect to a child for whom an
Indian tribe, tribal organization, or tribal consortium
assumes responsibility.''.
(f) Authority To Receive Portion of State Allotment as Part
of an Agreement To Operate the John H. Chafee Foster Care
Independence Program.--
(1) In general.--Section 477 of such Act (42 U.S.C. 677) is
amended by adding at the end the following:
``(j) Authority for an Indian Tribe, Tribal Organization,
or Tribal Consortium To Receive an Allotment.--
``(1) In general.--An Indian tribe, tribal organization, or
tribal consortium with a plan approved under section 479B,
which is receiving funding to provide foster care under this
part pursuant to a cooperative agreement with a State, or
that provides child welfare services and protections in
accordance with an arrangement submitted to the Secretary
under section 472(a)(2)(B)(iii)(III), may apply for an
allotment out of any funds authorized by paragraph (1) or (2)
(or both) of subsection (h) of this section.
``(2) Application.--An Indian tribe, tribal organization,
or tribal consortium desiring an allotment under paragraph
(1) shall submit an application to the Secretary to directly
receive such allotment that includes a plan that satisfies
such requirements of paragraphs (2) and (3) of subsection (b)
as the Secretary determines are appropriate.
``(3) Payments.--The Secretary shall pay an Indian tribe,
tribal organization, or tribal consortium with an application
and plan approved under this subsection from the allotment
determined for the tribe, organization, or consortium under
paragraph (4) of this subsection in the same manner as is
provided in section 474(a)(4) (and, where requested, and if
funds are appropriated, section 474(e)) with respect to a
State, or in such other manner as is determined appropriate
by the Secretary, except that in no case shall an Indian
tribe, a tribal organization, or a tribal consortium receive
a lesser proportion of such funds than a State is authorized
to receive under those sections.
``(4) Allotment.--From the amounts allotted to a State
under subsection (c) of this section for a fiscal year, the
Secretary shall allot to each Indian tribe, tribal
organization, or tribal consortium with an application and
plan approved under this subsection for that fiscal year an
amount equal to the tribal foster care ratio determined under
paragraph (5) of this subsection for the tribe, organization,
or consortium multiplied by the allotment amount of the State
within which the tribe, organization, or consortium is
located. The allotment determined under this paragraph is
deemed to be a part of the allotment determined under section
477(c) for the State in which the Indian tribal organization
or tribal consortium is located.
``(5) Tribal foster care ratio.--For purposes of paragraph
(4), the tribal foster care ratio means, with respect to an
Indian tribe, tribal organization, or tribal consortium, the
ratio of--
``(A) the number of children in foster care under the
responsibility of the Indian tribe, tribal organization, or
tribal consortium (either directly or under supervision of
the State), in the most recent fiscal year for which the
information is available; to
``(B) the sum of--
``(i) the total number of children in foster care under the
responsibility of the State within which the Indian tribe,
tribal organization, or tribal consortium is located; and
``(ii) the total number of children in foster care under
the responsibility of all Indian tribes, tribal
organizations, or tribal consortia (either directly or under
supervision of the State).''.
(2) Authority to receive portion of state allotment as part
of a cooperative agreement entered into with respect to the
chafee program.--Section 477(b)(3)(G) of such Act (42 U.S.C.
677(b)(3)(G)) is amended--
(A) by striking ``and that'' and inserting ``that''; and
(B) by striking the period and inserting ``; and that each
Indian tribe, tribal organization, or tribal consortium in
the State that does not receive an allotment under subsection
(j)(4) for a fiscal year may enter into a cooperative
agreement or contract with the State to administer,
supervise, or oversee the programs to be carried out under
the plan with respect to the Indian children who are eligible
for such programs and who are under the authority of the
Indian tribe and to receive from the State an appropriate
portion of the State allotment under subsection (c) for the
cost of such administration, supervision, or oversight.''.
(g) Rule of Construction.--Nothing in the amendments made
by this Act shall be construed as affecting the
responsibility of a State--
(1) as part of the plan approved under section 471 of the
Social Security Act (42 U.S.C.
[[Page H5925]]
671), to provide foster care maintenance payments and
adoption assistance for Indian children who are eligible for
such payments or assistance and who are not otherwise being
served by an Indian tribe, tribal organization, or tribal
consortium pursuant to a foster care and adoption assistance
program operated under section 479B of such Act; or
(2) as part of the plan approved under section 477 of such
Act (42 U.S.C. 677) to administer, supervise, or oversee
programs carried out under that plan on behalf of Indian
children who are eligible for such programs if such children
are not otherwise being served by an Indian tribe, tribal
organization, or tribal consortium pursuant to an approved
plan under section 477(j) or a cooperative agreement or
contract entered into under section 477(b)(3)(G) of such Act.
(h) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation
with Indian tribes, tribal organizations, tribal consortia,
and affected States, shall promulgate regulations to carry
out the amendments made by this section.
(i) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 8. HEALTH OVERSIGHT AND COORDINATION PLAN.
Section 422(b)(15) of the Social Security Act (42 U.S.C.
622(b)(15)) is amended to read as follows:
``(15)(A) provides that the State will develop, in
coordination and collaboration with the State agency referred
to in paragraph (1) and the State agency responsible for
administering the State plan approved under title XIX, and in
consultation with pediatricians, other experts in health
care, and experts in and recipients of child welfare
services, a plan for the ongoing oversight and coordination
of health care services for any child in a foster care
placement, which shall ensure a coordinated strategy to
identify and respond to the health care needs of children in
foster care placements, including mental health and dental
health needs, and shall include an outline of--
``(i) a schedule for initial and follow-up health
screenings that meet reasonable standards of medical
practice;
``(ii) how health needs identified through screenings will
be monitored and treated;
``(iii) how medical information for children in care will
be updated and appropriately shared, which may include the
development and implementation of an electronic health
record;
``(iv) steps to ensure continuity of health care services,
which may include the establishment of a medical home for
every child in care;
``(v) the oversight of prescription medicines; and
``(vi) how the State actively consults with and involves
physicians or other appropriate medical professionals in
assessing the health and well-being of children in foster
care and in determining appropriate medical treatment for the
children; and
``(B) subparagraph (A) shall not be construed to reduce or
limit the responsibility of the State agency responsible for
administering the State plan approved under title XIX to
administer and provide care and services for children with
respect to whom services are provided under the State plan
developed pursuant to this subpart;''.
SEC. 9. EDUCATIONAL STABILITY.
(a) In General.--Section 475 of the Social Security Act (42
U.S.C. 675), as amended by section 2(c)(4) of this Act, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking clause (iv) and
redesignating clauses (v) through (viii) as clauses (iv)
through (vii), respectively; and
(B) by adding at the end the following:
``(G) A plan for ensuring the educational stability of the
child while in foster care, including--
``(i) assurances that the placement of the child in foster
care takes into account the appropriateness of the current
educational setting and the proximity to the school in which
the child is enrolled at the time of placement; and
``(ii)(I) an assurance that the State agency has
coordinated with appropriate local educational agencies (as
defined under section 9101 of the Elementary and Secondary
Education Act of 1965) to ensure that the child remains in
the school in which the child is enrolled at the time of
placement; or
``(II) if remaining in such school is not in the best
interests of the child, assurances by the State agency and
the local educational agencies to provide immediate and
appropriate enrollment in a new school, with all of the
educational records of the child provided to the school.'';
and
(2) in the 1st sentence of paragraph (4)(A)--
(A) by striking ``and reasonable'' and inserting
``reasonable''; and
(B) by inserting ``, and reasonable travel for the child to
remain in the school in which the child is enrolled at the
time of placement'' before the period.
(b) Educational Attendance Requirement.--Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)), as amended by
sections 2(a) and 4 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding at the end the following:
``(30) provides assurances that each child who has attained
the minimum age for compulsory school attendance under State
law and with respect to whom there is eligibility for a
payment under the State plan is a full-time elementary or
secondary school student or has completed secondary school,
and for purposes of this paragraph, the term `elementary or
secondary school student' means, with respect to a child,
that the child is--
``(A) enrolled (or in the process of enrolling) in an
institution which provides elementary or secondary education,
as determined under the law of the State or other
jurisdiction in which the institution is located;
``(B) instructed in elementary or secondary education at
home in accordance with a home school law of the State or
other jurisdiction in which the home is located;
``(C) in an independent study elementary or secondary
education program in accordance with the law of the State or
other jurisdiction in which the program is located, which is
administered by the local school or school district; or
``(D) incapable of attending school on a full-time basis
due to the medical condition of the child, which incapability
is supported by regularly updated information included in the
case plan of the child.''.
SEC. 10. SIBLING PLACEMENT.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)), as amended by sections 2(a), 4, and 9(b) of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (29);
(2) by striking the period at the end of paragraph (30) and
inserting ``; and''; and
(3) by adding at the end the following:
``(31) provides that reasonable efforts shall be made to
place siblings removed from their home in the same foster
care, kinship guardianship, or adoptive placement unless the
State documents that such a joint placement would be contrary
to the safety or well-being of any of the siblings.''.
SEC. 11. ADOPTION INCENTIVES PROGRAM.
(a) 5-Year Extension.--Section 473A of the Social Security
Act (42 U.S.C. 673b) is amended--
(1) in subsection (b)(4), by striking ``in the case of
fiscal years 2001 through 2007,'';
(2) in subsection (b)(5), by striking ``1998 through 2007''
and inserting ``2008 through 2012'';
(3) in subsection (c)(2), by striking ``each of fiscal
years 2002 through 2007'' and inserting ``a fiscal year'';
and
(4) in each of subsections (h)(1)(D), and (h)(2), by
striking ``2008'' and inserting ``2013''.
(b) Updating of Fiscal Year Used in Determining Base
Numbers of Adoptions.--Section 473A(g) of such Act (42 U.S.C.
673b(g)) is amended--
(1) in paragraph (3), by striking ``means'' and all that
follows and inserting ``means, with respect to any fiscal
year, the number of foster child adoptions in the State in
fiscal year 2007.'';
(2) in paragraph (4)--
(A) by inserting ``that are not older child adoptions''
before ``for a State''; and
(B) by striking ``means'' and all that follows and
inserting ``means, with respect to any fiscal year, the
number of special needs adoptions that are not older child
adoptions in the State in fiscal year 2007.''; and
(3) in paragraph (5), by striking ``means'' and all that
follows and inserting ``means, with respect to any fiscal
year, the number of older child adoptions in the State in
fiscal year 2007.''.
(c) Increase in Incentive Payments for Special Needs
Adoptions and Older Child Adoptions.--Section 473A(d)(1) of
such Act (42 U.S.C. 673b(d)(1)) is amended--
(1) in subparagraph (B), by striking ``$2,000'' and
inserting ``$4,000''; and
(2) in subparagraph (C), by striking ``$4,000'' and
inserting ``$8,000''.
(d) 24-Month Availability of Payments to States.--Section
473A(e) of such Act (42 U.S.C. 673b(e)) is amended--
(1) in the heading, by striking ``2-year'' and inserting
``24-month''; and
(2) by striking ``through the end of the succeeding fiscal
year'' and inserting ``for the 24-month period beginning with
the month in which the payments are made''.
SEC. 12. INFORMATION ON ADOPTION TAX CREDIT.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)), as amended by sections 2(a), 4, 9(b), and 10 of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (30);
(2) by striking the period at the end of paragraph (31) and
inserting ``; and''; and
(3) by adding at the end the following:
``(32) provides that the State will inform any individual
who is adopting, or whom the State is made aware is
considering adopting, a child who is in foster care under the
responsibility of the State of the potential eligibility of
the individual for a Federal tax credit under section 23 of
the Internal Revenue Code.''.
SEC. 13. MODIFICATION OF FOSTER CARE MATCHING RATE FOR THE
DISTRICT OF COLUMBIA TO CONFORM WITH MEDICAID
MATCHING RATE.
Section 474(a) of the Social Security Act (42 U.S.C.
674(a)) is amended in each of paragraphs (1) and (2) by
striking ``(as defined in section 1905(b) of this Act)'' and
inserting ``(which shall be as defined in section 1905(b), in
the case of a State other than the District of Columbia, or
70 percent, in the case of the District of Columbia)''.
SEC. 14. COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS
RESULTING FROM FRAUD.
(a) In General.--Section 6402 of the Internal Revenue Code
(relating to authority to
[[Page H5926]]
make credits or refunds) is amended by redesignating
subsections (f) through (k) as subsections (g) through (l),
respectively, and by inserting after subsection (e) the
following new subsection:
``(f) Collection of Unemployment Compensation Debts
Resulting From Fraud.--
``(1) In general.--Upon receiving notice from any State
that a named person owes a covered unemployment compensation
debt to such State, the Secretary shall, under such
conditions as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable to such
person by the amount of such covered unemployment
compensation debt;
``(B) pay the amount by which such overpayment is reduced
under subparagraph (A) to such State and notify such State of
such person's name, taxpayer identification number, address,
and the amount collected; and
``(C) notify the person making such overpayment that the
overpayment has been reduced by an amount necessary to
satisfy a covered unemployment compensation debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return and the notice under subparagraph (C) shall
include information related to the rights of a spouse of a
person subject to such an offset.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant to--
``(i) subsection (a) with respect to any liability for any
internal revenue tax on the part of the person who made the
overpayment;
``(ii) subsection (c) with respect to past-due support; and
``(iii) subsection (d) with respect to any past-due,
legally enforceable debt owed to a Federal agency; and
``(B) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person
pursuant to subsection (b).
If the Secretary receives notice from a State or States of
more than one debt subject to paragraph (1) or subsection (e)
that is owed by a person to such State or States, any
overpayment by such person shall be applied against such
debts in the order in which such debts accrued.
``(3) Notice; consideration of evidence.--No State may take
action under this subsection until such State--
``(A) notifies the person owing the covered unemployment
compensation debt that the State proposes to take action
pursuant to this section;
``(B) provides such person at least 60 days to present
evidence that all or part of such liability is not legally
enforceable or due to fraud;
``(C) considers any evidence presented by such person and
determines that an amount of such debt is legally enforceable
and due to fraud; and
``(D) satisfies such other conditions as the Secretary may
prescribe to ensure that the determination made under
subparagraph (C) is valid and that the State has made
reasonable efforts to obtain payment of such covered
unemployment compensation debt.
``(4) Covered unemployment compensation debt.--For purposes
of this subsection, the term `covered unemployment
compensation debt' means--
``(A) a past-due debt for erroneous payment of unemployment
compensation due to fraud which has become final under the
law of a State certified by the Secretary of Labor pursuant
to section 3304 and which remains uncollected;
``(B) contributions due to the unemployment fund of a State
for which the State has determined the person to be liable
due to fraud; and
``(C) any penalties and interest assessed on such debt.
``(5) Regulations.--
``(A) In general.--The Secretary may issue regulations
prescribing the time and manner in which States must submit
notices of covered unemployment compensation debt and the
necessary information that must be contained in or accompany
such notices. The regulations may specify the minimum amount
of debt to which the reduction procedure established by
paragraph (1) may be applied.
``(B) Fee payable to secretary.--The regulations may
require States to pay a fee to the Secretary, which may be
deducted from amounts collected, to reimburse the Secretary
for the cost of applying such procedure. Any fee paid to the
Secretary pursuant to the preceding sentence shall be used to
reimburse appropriations which bore all or part of the cost
of applying such procedure.
``(C) Submission of notices through secretary of labor.--
The regulations may include a requirement that States submit
notices of covered unemployment compensation debt to the
Secretary via the Secretary of Labor in accordance with
procedures established by the Secretary of Labor. Such
procedures may require States to pay a fee to the Secretary
of Labor to reimburse the Secretary of Labor for the costs of
applying this subsection. Any such fee shall be established
in consultation with the Secretary of the Treasury. Any fee
paid to the Secretary of Labor may be deducted from amounts
collected and shall be used to reimburse the appropriation
account which bore all or part of the cost of applying this
subsection.
``(6) Erroneous payment to state.--Any State receiving
notice from the Secretary that an erroneous payment has been
made to such State under paragraph (1) shall pay promptly to
the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of
such erroneous payment (without regard to whether any other
amounts payable to such State under such paragraph have been
paid to such State).''.
(b) Disclosure of Certain Information to States Requesting
Refund Offsets for Legally Enforceable State Unemployment
Compensation Debt Resulting From Fraud.--
(1) General rule.--Paragraph (3) of section 6103(a) of such
Code is amended by inserting ``(10),'' after ``(6),''.
(2) Disclosure to department of labor and its agent.--
Paragraph (10) of section 6103(l) of such Code is amended--
(A) by striking ``(c), (d), or (e)'' each place it appears
in the heading and text and inserting ``(c), (d), (e), or
(f)'',
(B) in subparagraph (A) by inserting ``, to officers and
employees of the Department of Labor and its agent for
purposes of facilitating the exchange of data in connection
with a request made under subsection (f)(5) of section
6402,'' after ``section 6402'', and
(C) in subparagraph (B) by inserting ``, and any agents of
the Department of Labor,'' after ``agency'' the first place
it appears.
(3) Safeguards.--Paragraph (4) of section 6103(p) of such
Code is amended--
(A) in the matter preceding subparagraph (A), by striking
``(l)(16),'' and inserting ``(l)(10), (16),'';
(B) in subparagraph (F)(i), by striking ``(l)(16),'' and
inserting ``(l)(10), (16),''; and
(C) in the matter following subparagraph (F)(iii)--
(i) in each of the first two places it appears, by striking
``(l)(16),'' and inserting ``(l)(10), (16),'';
(ii) by inserting ``(10),'' after ``paragraph (6)(A),'';
and
(iii) in each of the last two places it appears, by
striking ``(l)(16)'' and inserting ``(l)(10) or (16)''.
(c) Expenditures From State Fund.--Section 3304(a)(4) of
such Code is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) in subparagraph (F), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following new subparagraph:
``(G) with respect to amounts of covered unemployment
compensation debt (as defined in section 6402(f)(4))
collected under section 6402(f)--
``(i) amounts may be deducted to pay any fees authorized
under such section; and
``(ii) the penalties and interest described in section
6402(f)(4)(B) may be transferred to the appropriate State
fund into which the State would have deposited such amounts
had the person owing the debt paid such amounts directly to
the State;''.
(d) Conforming Amendments.--
(1) Subsection (a) of section 6402 of such Code is amended
by striking ``(c), (d), and (e),'' and inserting ``(c), (d),
(e), and (f)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and before such overpayment is reduced
pursuant to subsection (e)'' and inserting ``and before such
overpayment is reduced pursuant to subsections (e) and (f)''.
(3) Paragraph (3) of section 6402(e) of such Code is
amended in the last sentence by inserting ``or subsection
(f)'' after ``paragraph (1)''.
(4) Subsection (g) of section 6402 of such Code, as
redesignated by subsection (a), is amended by striking ``(c),
(d), or (e)'' and inserting ``(c), (d), (e), or (f)''.
(5) Subsection (i) of section 6402 of such Code, as
redesignated by subsection (a), is amended by striking
``subsection (c) or (e)'' and inserting ``subsection (c),
(e), or (f)''.
(e) Effective Date.--The amendments made by this section
shall apply to refunds payable under section 6402 of the
Internal Revenue Code of 1986 on or after the date of
enactment of this Act.
SEC. 15. INVESTMENT OF OPERATING CASH.
Section 323 of title 31, United States Code, is amended to
read as follows:
``Sec. 323. Investment of operating cash
``(a) To manage United States cash, the Secretary of the
Treasury may invest any part of the operating cash of the
Treasury for not more than 90 days. The Secretary may invest
the operating cash of the Treasury in--
``(1) obligations of depositories maintaining Treasury tax
and loan accounts secured by pledged collateral acceptable to
the Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the
Secretary to invest a cash balance held in a particular
account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under
subsection (a)(1) of this section.
``(d)(1) The Secretary of the Treasury shall submit each
fiscal year to the appropriate committees a report detailing
the investment of operating cash under subsection (a) for the
preceding fiscal year. The report
[[Page H5927]]
shall describe the Secretary's consideration of risks
associated with investments and the actions taken to manage
such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate.''.
SEC. 16. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act,
each amendment made by this Act to part B or E of title IV of
the Social Security Act shall take effect on the date of the
enactment of this Act, and shall apply to payments under the
part amended for quarters beginning on or after the effective
date of the amendment.
(b) Delay Permitted if State Legislation Required.--In the
case of a State plan approved under part B or E of title IV
of the Social Security Act which the Secretary of Health and
Human Services determines requires State legislation (other
than legislation appropriating funds) in order for the plan
to meet the additional requirements imposed by this Act, the
State plan shall not be regarded as failing to comply with
the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirements
before the 1st day of the 1st calendar quarter beginning
after the close of the 1st regular session of the State
legislature that ends after the 1-year period beginning with
the date of the enactment of this Act. For purposes of the
preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be
a separate regular session of the State legislature.
SEC. 17. NO FEDERAL FUNDING TO UNLAWFULLY PRESENT
INDIVIDUALS.
Nothing in this Act shall be construed to alter
prohibitions on Federal payments to individuals who are
unlawfully present in the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. McDermott) and the gentleman from Illinois (Mr. Weller)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
Mr. McDERMOTT. Mr. Speaker, we are here today on behalf of young
people like Anthony Reeves, a former foster child in Georgia who wrote
something that defines our call to action. ``Life is tough enough when
transitioning out of care, but it's even tougher if you don't have the
support that you need from people who care about you or if you don't
have resources and skills packed along with the rest of our belongings
as you are shown out the door.''
Anthony's words should remind us that government, and ultimately
society, acts as the legal guardian of foster children. These are our
children, and the fact is we are failing too many of them.
There is no shortage of problems to confronting foster care--
insufficient services for at-risk families, too few qualified case
workers, and an outdated Federal eligibility standard, to name a few.
We'll have to confront these issues in order to provide the
comprehensive reform that is so urgently needed.
Today we are focused on the shortcomings in the existing system that
can disconnect foster children from the things they need most--family,
support and school.
Sometimes children have to be removed from their homes to protect
them from abuse and neglect. That is a sad, but undeniable fact. But
the foster system unnecessarily disrupts other connections to home,
family and school for these vulnerable children at a time when they're
most in need. One glaring example of this is when foster children are
literally pushed out into the streets when they turn 18 years of age.
No parent I know of severs all ties and abandons their kids at age 18,
yet that is Federal policy for foster care. We displace them from their
homes, support them, and then tell them to go it alone. Rather than
provide a glide path to success, we subject foster children to a crash
landing.
Another example is the inconsistent effort to help foster children
stay connected to family. Today, we deny grandparents assistance if
they become the legal guardians to a foster child. This is contrary to
the growing base of research illustrating that children do better
living with relative guardians than they do living in traditional
foster homes. Additionally, siblings are too often separated during
foster care placement just when a foster child most needs a brother or
a sister.
Ensuring school stability is yet another area where we too often come
up short. Not enough is done to ensure children that they can stay in
their current schools when they are placed in foster care, thus
depriving them of the one place where they may feel secure.
We also hear too many stories about foster children not receiving
adequate health care services, especially for mental health.
Furthermore, we have a special duty to ensure that prescription
medications foster children are receiving are effective and appropriate
instead of quick and easy.
And finally, we don't provide adequate assistance for Native American
children who are removed from their homes and then cared for by tribal
communities.
For Anthony Reeves and every foster child, we can and must do better.
And that is why we are here today. The Fostering Connections Success
Act addresses many of these issues. The legislation would allow States
to extend foster care assistance up to age 21, giving young men and
women more time to get an education and become truly self-sufficient.
Recognizing that many grandparents and other relatives want to
provide loving, permanent homes for children in foster care, the bill
would provide Federal payments to relatives who become legal guardians
of children for whom they have cared for as foster parents.
{time} 1315
It also requires improved efforts to keep siblings together when they
are removed from their homes. The measure would require increased
oversight of the health care needs of foster kids. And there is a
renewed attention paid to ensuring educational stability for foster
children in foster care, including avoiding frequent school changes.
Additionally, the bill gives tribes equal and fair access to Federal
resources dedicated to keeping vulnerable children safe. For the first
time, tribal child welfare programs could directly receive Federal
foster care financing. The legislation also provides new resources to
ensure all child welfare workers have access to training, which
ultimately results in better care for kids. And, finally, this bill
extends and improves incentives for States that increase the number of
children adopted out of the foster care system.
The legislation includes two provisions outside of the foster care
system which save money and thereby ensure that the bill is budget
neutral. The first provision reduces Federal tax refunds for
individuals who have fraudulently collected unemployment insurance. The
same policy has already passed the House once. The second provision
will allow the Treasury Department to improve the management of the
government's short-term operating cash to achieve a better rate of
return. While this bill doesn't do all that's needed, it does meet many
of the critical challenges in our foster care system.
We received a letter today from the American Academy of Pediatrics,
representing 60,000 professionals, urging passage. The academy said:
``Our Nation has a moral and legal obligation to provide the best
possible care to these most vulnerable children.'' I couldn't agree
more.
The legislation is bipartisan, budget neutral, and good for children,
and deserves every Member's support.
Before I yield to my ranking member on the subcommittee and the co-
author of this bill, let me first thank him for his dedication to
foster children and his willingness to find common ground. Jerry Weller
has been a true partner in doing what is right for our most vulnerable
children. He's retiring from Congress this year, and I can think of no
better parting gift than passing a bipartisan bill he worked on to
improve the lives of foster children.
Mr. Speaker, I reserve the balance of my time.
Mr. WELLER of Illinois. Mr. Speaker, I yield myself such time as I
may consume.
I rise in support of H.R. 6307, the Fostering Connections to Success
Act. I also want to thank my chairman for his leadership and his
dedicated example of working together in a bipartisan way to help
vulnerable kids. This legislation, H.R. 6307, is an example of what we
can accomplish when we work together. And, again, I want to thank
Chairman McDermott for this opportunity to work together.
This is bipartisan legislation, and it's a result of a series of
hearings in which we heard about how youth are shortchanged in the
current foster care system. For example, most foster youth
[[Page H5928]]
experience three to four placements while in care and some many more
than that. Different homes often mean different schools, poor
performance, repeated grades, and far too many ultimately dropping out
before graduation. About one in four foster youth do not complete high
school. In fact, many attend three to four different schools during
their foster care experience, and even more don't complete school on
the same timetable as their peers.
To address such serious problems, this legislation steps up efforts
to engage adult relatives in caring for children abused or neglected by
their parents. My home State of Illinois has been at the forefront of
efforts to support more care by adult relatives, like grandparents,
adults, or cousins, rather than strangers in foster care. These efforts
resulted in better outcomes for children, including more stability and
safety, stronger attachments to school and community, and better long-
run prospects for young people. H.R. 6307 encourages more care by
relatives nationwide.
A former intern in my Washington office, Jamaal Nutall of Joliet, who
testified before our subcommittee, was a product of the foster care
system and whose life was turned around by being placed in the care of
relatives. Jamaal lived what we all intuitively know to be sound
policy. In most cases placement with a child's own family makes for the
best environment for the child to grow and prosper.
This legislation also will hold foster youth and the adults who care
for them accountable for the type of responsible behavior any parent
would expect and which will help them succeed in the long run. So for
the first time, staying in high school through graduation will be a
condition of receiving Federal foster care, relative guardian, or
adoption payments. A similar new ``education, training, or work''
requirement will apply to young people over the age of 18 who receive
continued Federal support.
As a letter endorsing this policy from the Foster Care Alumni
Association of America put it, ``Holding young people and families in
the foster care system to this high standard is a statement from
Congress that lowered expectations are not acceptable for those of us
from foster care.''
Mr. Speaker, I will insert a copy of the Foster Care Alumni
Association's letter endorsing this legislation in the Record at this
point, and I thank this fine organization and so many others for their
help in assembling this bill.
Foster Care
Alumni of America,
Alexandria, VA, June 18, 2008.
Hon. James McDermott, Chair,
Hon. Jerry Weller, Ranking Member,
Subcommittee on Income Security and Family Support, Ways and
Means Committee, House of Representatives, Washington,
DC.
Dear Chairman McDermott and Representative Weller: We are
writing on behalf of the 12 million alumini of the foster
care system in the United States and the 1,400 members of
Foster Care Alumni of America (FCAA) to offer support for
``The Fostering Connections to Success Act of 2008.'' We are
pleased with the thoughtful approach you have taken in this
legislation to assist children in foster care develop and
strengthen bonds to their families and communities.
Throughout your careers, you have been tireless advocates for
youth in high risk situations. This bill is a reflection of
your ongoing commitment to ensuring that all young people
have the opportunity to build successful futures through
access to affordable health care, a decent education, and the
chance to develop healthy, lifelong relationships with
family.
As alumni of the foster care system we know that reforms of
all kinds are necessary to truly improve the child welfare
system. However, increasing opportunities among foster youth
to improve bonds with siblings, kin and their communities are
essential first steps. The ``Fostering Connections to Success
Act of 2008'' bill achieves these goals in a number of ways.
First, through the new Family Connections Grant program and
additional requirements upon states, the bill provides
assurances that states will go to great lengths to keep
siblings together and pursue all possible kinship placements
before a child is placed into foster care. We especially
appreciate the provision which mandates that youth over the
age of 14 have a role in selecting placement options. As
alumni, we recognize the importance of providing youth with
some control over their fate in the system.
Second, this bill requires states to develop a plan for the
oversight and coordination of health care services and
educational stability. This will vastly improve the access of
foster youth to both systems. Equally important, this bill
requires that the foster care system keep better, more
organized records of youth involvement with these systems.
Sadly, the inferior record-keeping of foster care systems,
and the lack of coordination among foster care, health care
and education provides as much of a barrier to young people
in care as the shoddy medical and educational services they
too often receive. This bill also encourages adults involved
in the lives of foster youth to help youth stay in school by
withholding foster care and adoption payments for children
under 18 who have not completed high school unless the child
is in school or home school full time, or is incapable of
attending school full time due to a medical condition.
Holding young people and families in the foster care system
to this high standard is a statement from Congress that
lowered expectations are not acceptable for those of us from
foster care.
This bill extends Title IV-E eligibility for tribal youth.
We know that American Indian children have faced
disproportionately large consequences for their need to be
part of the child welfare system and we appreciate the
attention and commitment to bringing equal support to this
group.
We are pleased with the provision in the bill to expand
options to train America's private sector child welfare
workforce. Our members who had positive experiences in foster
care often attribute this to the availability of a diligent,
competent social worker. These workers exist in both the
public and private agencies yet, federal reimbursement rates
for training them is not equitable. Conversely, our members
who suffered through very difficult experiences, all too
often recount having dealt with an overburdened social worker
who was ill-equipped to respond to even the most basic
request. Your bill acknowledges that social workers in both
private and public agencies with the right tools, training,
and time can make a positive impact in the lives of children
and families.
Finally, the bill addresses the needs of older youth in
care in two important ways. The bill encourages states not to
give up on finding permanent, loving homes for older youth by
doubling the states' adoption incentive payment for older
youth. This legislation also offers states the option to
extend foster care to age 21. Here, you take seriously the
challenges of young people who are unable to achieve
permanency or to be prepared for total financial and
emotional emancipation by age 18. Over 24,000 of our brothers
and sisters in care age out of foster care at 18, entering
adulthood ill-prepared for independence in numerous ways.
States should be encouraged to extend foster care to 21 and
use this additional time wisely to provide concrete services
and training for older foster youth to support their
successful transition to independence.
``The Fostering Connections to Success Act of 2008'' places
the first step of child welfare reform where it rightly
belongs--with the very children and youth the system intends
to serve. As such, we are pleased to offer our support to
this thoughtful legislation. Thank you for all that you do to
improve the lives of America's children, youth and families.
Please feel free to contact us at Foster Care Alumni of
America to further discuss the urgent concerns of our
brothers and sisters in care.
Respectfully,
Nathan Monell,
Chief Executive Officer.
Misty Stenslie,
Deputy Director.
Other provisions in this bill track legislation I have spent
literally years working to pass. One builds on my legislation to
harmonize Federal reimbursement rates for training child welfare
workers. This is critically important in States like Illinois that
depend heavily on private child welfare workers, organizations such as
Catholic Charities, Baby Fold, Lutheran Social Services, for example,
who currently qualify for lower Federal training payments. We equalize
that in this legislation.
H.R. 6307 also would address concerns about child welfare services
for Native American children. Our first Americans should be treated as
full Americans, including in child welfare programs, as this
legislation will accomplish. We hope this provision will translate into
better care and better outcomes for young people in tribal areas, which
I understand number almost 3,000 children in foster care on tribal
lands. Clearly, the current system is not working for our first
Americans. We want to right that wrong.
Finally, this legislation reauthorizes and improves the current
Adoption Incentives program, which has been a bipartisan success and
expires this year. All sides agree on the need to extend and improve
this important program.
I am delighted to have worked with Chairman McDermott on this
important legislation. This is a good bill. It's fully paid for by the
inclusion of several anti-fraud provisions drawn from the President's
budget, one of which the House has already passed unanimously.
Misty Stenslie of the Foster Care Alumni Association noted in her
testimony before our subcommittee that
[[Page H5929]]
Members of this body stand in the place where the parents of children
in foster care belong. That is a serious responsibility, and this
legislation accepts that responsibility and makes solid, bipartisan
improvements to help children who today have too many challenges and
not enough opportunities.
I urge all Members to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
General Leave
Mr. McDERMOTT. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 6307.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. McDERMOTT. Mr. Speaker, I now yield 2 minutes to the gentleman
from Tennessee (Mr. Cooper), not a member of the committee but a
staunch advocate for foster kids.
Mr. COOPER. I thank my friend Mr. McDermott for yielding.
Mr. Speaker, I urge all of my colleagues to support this bill. It
does great work to help our foster children nationwide. It's long
overdue, many of these reforms, and, thankfully, it's paid for. As a
Blue Dog, my colleagues know that I am focused on fiscal responsibility
issues. So this bill does good not only for the foster kids, but also
it does not injure our budget.
I hope that people realize that while this bill is a very positive
step, it is an incremental step. There is so much more that we need to
do to improve our foster care and adoption system. My friend from
Washington (Mr. McDermott) has a very comprehensive bill in this
regard. We need to look at that. First we are going to have to figure
out a way to pay for it. But investing in kids is an investment in our
own future.
In my opinion, the area of foster care is perhaps the most broken
area of Federal law. So let's not use this small step we are taking
today as a reason for inaction in the future. Let's use it as a
stepping stone to bigger, better, bolder reforms that would help the
half million children who are in government supervision today. There
are 10,000 in Tennessee alone, and we're not doing justice by these
children.
Today's bill will help with kinship care and helping them get care
when they have aged out of the system at 19, 20, 21, but there is so
much more that we need to do.
So I thank my friend the gentleman from Washington (Mr. McDermott)
for his amazing leadership in this year. It's an accomplishment what we
are doing today. I urge all Members to support it. But this is just the
beginning.
Mr. WELLER of Illinois. Mr. Speaker, it's a pleasure for me to yield
to a distinguished member of the Ways and Means Committee, someone who
has had a long-time interest in child welfare issues and a gentleman
who has made a substantial contribution to this bipartisan legislation.
I yield 6 minutes to the gentleman from Nevada (Mr. Porter).
Mr. PORTER. Mr. Speaker, I would like to applaud Chairman McDermott
and Ranking Member Weller for their leadership in bringing forward this
major piece of legislation that will change so many lives across our
country.
We have a lot of challenges in our different communities, and one of
the largest challenges is how we can help our foster children.
Can you imagine a child sitting in a living room, maybe 5 or 6 years
old or maybe 10 or 12 years old, sitting in a living room watching
television or maybe playing a game. Two strangers come to the door,
knock on the door, and say, ``You're now leaving. It's time for you to
leave this family, and we're going to take you to a new family.'' Can
you imagine the pain of that child? And in some cases it happens time
and time again. Imagine two strangers showing up out of the blue to
tell you that you have to move to another family.
Also imagine if you are a child that goes from family to family that
you may not have the right prescription for your glasses and your
family may not know that you need glasses, or you may get numerous
tetanus shots as you go from family to family.
Mr. Speaker, these are some of the challenges that our foster kids
are facing today in a system that is broken and needs our help and our
assistance now more than ever, and we need to find creative ways to
help these children and to help these families.
I have two children. Each are in their twenties. And I can assure you
that after the age of 18, they keep coming home. And they are more than
welcome in my home, but as Chairman McDermott mentioned, there's a lot
of children that don't have a home to go to after the age of 18. So in
the Nevada State Senate, I passed legislation that I think has changed
a few lives in Nevada. I found a creative way to help fund a program
between the ages of 18 and 21 for those children that don't have a
home. It provides for education. It provides for a place for them to
live, for health care, and for training. And it's generating about
$1\1/2\ million a year today to help these foster kids.
I am proud to be a cosponsor of this legislation. And, again, I
applaud our chairman and ranking member. There are some key areas of
the bill that I know have been addressed, but certainly the fact that
we now can help families work within families, helping grandparents and
brothers and sisters and the extended family to get involved in a far
faster, more efficient but also more caring way, plus the fact that
there are requirements for the children to be in school and to finish
school.
So, again, we need to help these kids that need our help the most.
And, unfortunately, these children or that child sitting in the living
room watching television today does not have high paid lobbyists that
are out there pushing the needs of these children. They have Members of
Congress and very caring Members of this U.S. Congress but also elected
officials across the country. So I stand here today encouraging my
colleagues to pass this legislation, to step up and provide these new
tools for our local governments and for our communities.
Mr. Speaker, I appreciate this opportunity.
Mr. McDERMOTT. Mr. Speaker, I yield 2 minutes to the gentleman from
Philadelphia (Mr. Fattah), who has been the chairman of the Forum on
Children, which the Speaker created.
{time} 1330
Mr. FATTAH. I rise today to commend both the chairman and the ranking
member. I am in an all-day markup on the Homeland appropriations bill,
but I left that markup because I think this is very important to our
homeland security. The notion that as a Nation we would finally address
some of the shortcomings in our foster care system, I think is so
appropriate. I want to thank Chairman McDermott for his leadership on
this.
This bill, particularly when we focus on kinship care, when we look
at the whole question of aging out and the challenges, we held a forum
the other day right here in the Capitol and heard from experts, but
more importantly, heard from a former foster child herself about how
she was told to leave immediately upon her 18th birthday and all of her
belongings put in four trash bags. Now she's getting ready to graduate
from one of our finest universities, and she's on the right track, but
to think how abruptly she was treated by this foster family.
We need to look at, through all of these challenges, how we can
better reform these systems. Hundreds of thousands of young people and
their life chances are impacted. I join the ranking member and the
chairman as a cosponsor of this bill. But this is just the beginning.
There are other issues raised in the Invest in Kids Act; there are
issues, and we have raised them in the bill that I have offered, to
create a White House conference on children so that we can focus anew
on what we can do to improve our entire foster child system.
I thank you for this time.
Mr. WELLER of Illinois. Mr. Speaker, can you tell us how much time
remains on each side, please.
The SPEAKER pro tempore. The gentleman from Illinois has 11\1/2\
minutes. The gentleman from Washington has 9 minutes.
Mr. WELLER of Illinois. Mr. Speaker, I reserve the balance of my
time.
Mr. McDERMOTT. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Cardoza).
[[Page H5930]]
Mr. CARDOZA. I want to start off by thanking Chairman McDermott for
doing a fabulous job on this bill on behalf of foster kids generally.
Mr. Speaker, I rise in support of H.R. 6307, the Fostering
Connections to Success Act. Many of my colleagues already know that I
care deeply about foster care, in part because 8 years ago, my wife and
I adopted two of our children from foster care.
We didn't know much about foster care back then, but we certainly are
intimately familiar with it at this point, and familiar with the plight
of foster kids in America. These children who come into foster care
through no fault of their own face a number of inequalities compared to
children who have not endured the type of abuse that typically places a
foster child in care.
While foster parents receive Federal assistance to care for kids in
their home, family members, many of whom would willingly care for their
nieces and nephews, only if they had a little help to do so, are denied
foster care payments. This legislation will end that misguided policy
and provide that assistance to family members.
While biological children count on health insurance policies of their
parents until the age of 25, foster children's health care coverage is
often terminated on the night of their 18th birthday. Mr. Speaker, I
want to believe that all children are self-sufficient on the day they
turn 18, but as a father, both of us know better than that.
Earlier this year, I introduced legislation that would require health
care coverage for children in foster care until the age of 21. Chairman
McDermott lent his support to my bill, and I understand there is a
similar provision in his bill to provide States with the option of
extending health care coverage.
I hope that all States will exercise this option because parents
don't walk out on their kids at 18, and neither should we.
The SPEAKER pro tempore. The time of the gentleman from California
has expired.
Mr. McDERMOTT. I yield the gentleman 1 additional minute.
Mr. CARDOZA. Thank you, Mr. McDermott.
Finally, Mr. Speaker, this bill will improve the oversight of health
care needs for our children in foster care. My wife is a family doctor,
and she has been taken aback by the lack of oversight in the medical
treatment of foster kids. The committee heard testimony from foster
children who have been over-prescribed or mis-prescribed numerous
medications. I know personally that my children received several rounds
of immunizations, when they only needed one set.
It's about time we raise the standards for continuity of health care,
medical records, and prescription drugs, and this legislation will in
fact accomplish that. I will continue to work with my colleagues and
fight on the behalf of abused and neglected children in America. I
thank the gentleman who has authored this bill for doing the same, and
I thank him for bringing this legislation to the floor.
Mr. WELLER of Illinois. Mr. Speaker, I yield myself the balance of my
time.
I am proud to say that this is bipartisan legislation designed to
help children. Children need help. I am also proud to say that this
legislation has a proud array of organizations that have endorsed it.
I'd like to go through that list.
Organizations which have endorsed H.R. 6307, the Fostering
Connections to Success Act: The Alliance for Children and Families;
American Academy of Pediatrics; the Center for Law and Social Policy;
Child Welfare League of America; County Welfare Directors Association
of California; Foster Care Alumni of America; National Association of
Counties; National Congress of American Indians; National Council for
Adoption; National Indian Child Welfare Association; North American
Council on Adoptable Children; Pew Commission on Children in Foster
Care; Public Children Services Association of Ohio; Voices for
America's Children; and also, Mr. Speaker, I have letters of support
here from the Lutheran Services in America in support of this
legislation, Catholic Charities USA, in support of this legislation,
and also an organization which I am proud to say is headquartered in
the 11th Congressional District of Illinois, which I represent, an
organization that is respected, called the The Baby Fold, which is a
long-time child welfare advocacy organization, as well as providing
outstanding services children need.
In closing, I want to say this is good legislation, and I want to
commend my chairman, Mr. McDermott, for working in a bipartisan way,
reaching out to a broad array of organizations, reaching out to a
broad, wide variety of Members of the House on both the Democrat and
Republican side who care about kids in foster care, and ensuring
children who have needs, that we work to help them.
This is good legislation. It's bipartisan. It enjoys the support of a
wide array of groups. And it helps kids. That is our goal. That is the
bottom line. We want to help children who need help.
Mr. Chairman, I, of course, again want to thank you for the
opportunity of working with you. I look forward to working with you as
we reach out to our colleagues in the other body as we work towards our
goal of this legislation becoming law this year. I want to thank you
for the spirit of cooperation and bipartisanship which you have
extended to me, as well as other members on our subcommittee and the
full committee and other Members of this body. For that, I want to
congratulate you as well as thank you.
Mr. Speaker, again, I urge my colleagues to support this legislation
with a strong bipartisan vote.
Organizations Endorsing H.R. 6307, The ``Fostering Connections to
Success Act''
1. Alliance for Children and Families.
2. American Academy of Pediatrics.
3. Center for Law and Social Policy.
4. Child Welfare League of America.
5. County Welfare Directors Association of California.
6. Foster Care Alumni of America.
7. National Association of Counties.
8. National Congress of American Indians.
9. National Council for Adoption.
10. National Indian Child Welfare Association.
11. North American Council on Adoptable Children.
12. Pew Commission on Children in Foster Care.
13. Public Children Services Association of Ohio.
14. Voices for America's Children.
____
Lutheran Services in America,
Washington, DC, June 24, 2008.
Hon. Jerry Weller,
House of Representatives
Washington, D.C. 20515
Dear Congressmen Weller: Lutheran Services in America (LSA)
expresses its strong support for the Fostering Connections to
Success Act (H.R. 6307). LSA member organizations are
particularly supportive of the expansion of child welfare
worker training funds to private, non-profit organizations.
Many of LSA's member organizations, including Lutheran Social
Services of Illinois, have been working in close partnership
with states for many years to provide excellent services for
children and families involved in the foster care system
without access to federal training funds. This bill would
enable our organizations to better train, develop and retain
qualified, dedicated child welfare workers who have already
shown such passion and dedication for their work and the
people they serve.
LSA is an alliance of national Lutheran church
denominations and their health and human service providers.
LSA member organizations deliver more than $9.5 billion in
services to more than six million people every year--that
translates to one in 50 people in the United States. LSA
members provide services in all 50 states and the Caribbean.
The network of close to 300 organizations serves the elderly,
children and families, people with mental and physical
disabilities, refugees, victims of natural disasters and
others in need. Through these efforts LSA is on the front
lines of building self-sufficiency and creating hope in
millions of lives.
Thank you for your dedication to improving the connections
children in foster care have to relatives, schools and
communities so they have a better chance to succeed. If LSA
can be of further assistance, please contact Lisa Hassenstab.
Sincerely,
Lisa M. Carr,
Senior Director of Public Policy.
Lisa Hassenstab,
Associate Director of Public Policy.
[[Page H5931]]
____
Catholic Charities USA,
Alexandria, VA, June 24, 2008.
Hon. Jim McDermott,
Chairman, Subcommittee on Income Security and Family Support,
Committee on Ways and Means, House of Representatives,
Longworth House Office Building, Washington, DC.
Hon. Jerry Weller,
Ranking Member, Subcommittee on Income Security and Family
Support, Committee on Ways and Means, House of
Representatives, Cannon House Office Building,
Washington, DC.
Dear Representatives McDermott and Weller: I am writing to
express our support for your recently introduced legislative
proposal, ``Fostering Connections to Success Act,'' H.R.
6307. This legislation advances a number of important
improvements to the nation's child welfare system. Catholic
Charities USA thanks you for your leadership in promoting
stable homes for children in the foster care system through
family, educational, and health care supports.
We are particularly pleased that your proposal includes the
following improvements:
A state option to extend federal foster care payments to
age 21 for children living in a supervised setting; a state
option to continue federal assistance to relative guardians
of foster children; an expansion of federal funds for
training of child welfare workers in private agencies; family
connections grants, including kinship navigator programs;
notification to adult relatives within 30 days of a child's
placement in foster care and reasonable efforts to place
siblings together; coordination and oversight of health care
services for children in care; and reauthorization and
expansion of the Adoption Incentive Program.
Catholic Charities USA is one of the nation's largest
private networks of over 1,700 social service agencies and
institutions providing services to nearly 8 million people
annually. As one of the nation's largest social service
providers, we recognize the importance of a strong child
welfare system in keeping families out of generational
poverty. Catholic Charities USA strongly supports ongoing
improvements to the child welfare system to protect and
strengthen vulnerable children.
We look forward to working with you and your colleagues on
these important reforms. Please do not hesitate to call on
Catholic Charities USA if we can provide any assistance.
Sincerely,
Candy Hill,
Sr. Vice President for
Social Policy and Government Affairs.
____
The Baby Fold,
Normal, IL, June 23, 2008.
Hon. Jerry Weller,
House of Representatives,
Washington, DC.
Dear Representative Weller: On behalf of The Baby Fold, I
would like to offer our full support of the bipartisan
Fostering Connections To Success Act of 2008 (H.R. 6307).
Thank you for your leadership in supporting and improving
critical services for our nation's children and families.
Provisions of the Act will improve the lives of youth by
addressing their basic needs for safety, stability,
education, health and vocational preparation.
Kinship Guardianship Assistance Payments will support
relative caregivers in being able to provide permanent loving
family homes for their related children without unnecessary
and costly long term government oversight. Having a sense of
belonging to family is a key to children's long term success
in life.
Family Connection Grants will provide critical funding for
services to help at risk families overcome the obstacles that
could result in their children being removed from the home
and placed in substitute care settings. Investing in these
types of prevention services will not only save families, but
will save costs of longer term government services for these
children and families.
Federal Matching for Training Private Sector Child Welfare
Workers will enable private agency child welfare workers to
receive the same training and federal reimbursement for
training as public child welfare workers. In Illinois, the
shift in caseload responsibilities for foster care has
shifted substantially to the private sector child welfare
sector, and yet Title IV E monies have not been available to
offset the cost of private sector staff training. Private
sector agencies have been absorbing the average cost of
$5,000 per staff for required child welfare training. With
State funding in Illinois being stagnant over the past 8
years, these unfunded but critical training requirements have
threatened the viability of some agencies continuing to
provide much needed foster care services.
The reauthorization and enhancement of the Adoption
Incentives Program helps to offset the additional cost of
recruitment of and training of adoptive parents for special
needs children.
Thank you for your leadership in introducing this
legislation and your continued support of our nation's
children and families.
Sincerely,
Karen Rousey,
Vice President of Programs.
I yield back the balance of my time.
Mr. McDERMOTT. Mr. Speaker, I will only take a moment here at the
end. The old rule we learned a long time ago is if you have the vote,
shut up. So I am not going to make a long speech.
It has been a great pleasure to work with Mr. Weller. The only thing
I really am sad about is that you won't be here to work with me on the
Invest in Kids Act in the next legislative session of this Congress.
This bill obviously does not do everything. One would always like to
do more. But what we did today was what was possible and what we could
pay for and what we could agree upon. I think that that is the
important thing for people to realize, that the Congress does work
together, and it works best when the sides work together on issues like
this. They can be resolved, even though some of these have some
sticking points here and there, they can be resolved, and in this case,
the children are the beneficiaries. I think for that, the Congress
should all be proud today as we vote unanimously, I hope, for this
bill.
I think that there are children out there right now who are going to
benefit from this, whose stories, many of which we heard in the
committee, and if we stood here and told the stories that we heard in
the committee, everyone would be in support of this bill.
Mr. STARK. Mr. Speaker, I rise to support important progress toward
reforming our troubled child welfare system. Today, we can come one
step closer to fulfilling our promise to abused and neglected children
that we will protect them, heal their wounds, and provide them with
stable and loving homes.
Anyone who has paid attention to the plight of our half a million
foster children and the millions of former foster children should be
angry at how miserably we have failed them. Once a child enters the
system, we, the government, become their parents. Just like parents, we
have a moral obligation to act in their best interests. Unfortunately,
many foster children are cycled from placement to placement and school
to school, over-medicated with psychotropic drugs, and kept apart from
their siblings and other relatives who could provide them with support.
Not surprisingly, former foster youth are not doing well. They are more
likely to become homeless, incarcerated, disconnected from education
and the workforce, or using drugs than nearly any other group of
individuals. Perhaps most shockingly, these youth suffer from post
traumatic stress disorder at rates comparable to Iraq war veterans.
The ``Fostering Connections to Success Act'' allows us to turn our
anger into action. This legislation will create permanency for
thousands of children by providing Federal assistance to grandparents
and relatives who care for a foster child. In my home State of
California, a State-funded Program exists to help ease the financial
burden for relative caregivers. Much needed Federal support will ensure
that this program will not be zeroed out during the current fiscal
crisis and will be able to expand to help additional children. This
bill also recognizes a truth that is obvious to any parent: turning 18
does not mean that a young person is ready to live on their own. I have
heard from too many former foster youth that when they turned 18 they
found their belongings placed in garbage bags with no idea where they
would live or how they would support themselves. By extending
assistance to foster youth until age 21, we an help ease their
transition into adulthood.
Finally, this legislation takes important steps to promote
educational stability for foster children and better oversee their
medical care. During committee hearings we heard accounts from
advocates and former foster youth about children on multiple
psychotropic drugs prescribed by different doctors that never spoke to
each other. Many foster children have serious and complex physical and
mental illnesses. Their care must be coordinated and appropriate. This
bill requires oversight and accountability to ensure that foster
children are not overly medicated, but receiving effective, high-
quality health care.
I am heartened that this legislation has strong support from both
sides of the aisle. It should. These are our children and we should
provide them with the same level of support we provide for children
living under our own roofs.
Ms. BERKLEY. Mr. Speaker, I rise today in support of the Fostering
Connections to Success Act. The provisions contained in this bipartisan
legislation will benefit thousands of children and will help to promote
stability and permanency in their lives.
The ultimate goal of our Nation's child welfare system is to promote
safe, stable and permanent homes for America's most vulnerable
children. The provisions of this bill will help to accomplish this by
allowing States to continue foster care assistance for kids up to the
age of 21, authorizing Federal assistance to relatives assuming legal
guardianship of children for whom they have cared as foster
[[Page H5932]]
parents, and extending and improving the Adoption Incentives Program.
While much more remains to be done to ensure the safety and well
being of our Nation's foster children, I support this legislation as a
commonsense and much needed first step in the right direction.
I urge my colleagues to support this legislation.
Ms. BACHMANN. Mr. Speaker, I rise today to support H.R. 6307, the
Fostering Connections to Success Act. This vital piece of bipartisan
legislation was designed to make much needed improvements to the child
welfare system, focused on some of the most vulnerable among us--foster
children.
There are more than 500,000 children in foster care nationwide today,
many of whom come from troubled homes and have been moved from family
to family several times. My husband and I have cared for 23 foster
children, and I understand full well the struggles these children face
on a daily basis. This bill goes a long way in alleviating some of the
roadblocks standing in their way.
The main focus of this bill is to improve the accessibility foster
youth have to essential services, their family, health care, and
education. However, this legislation makes considerations for those not
only actually in foster care, but for those who ``age out'' of the
system--a group of young men and women who are often overlooked.
A key component of this bill is the extension of federal foster care
payments up to the age of 21. We are considered adults at the age of 18
in this society, but reaching 18 does not automatically mean that an
individual is financially independent. As these young men and women
pursue a degree of higher learning, or whether they choose to start
working, this bill will give them the financial help they desperately
need. Too often their troubled past and unstable family background have
not provided them the foundation of support to do it on their own.
Along with providing--for the first time--federal financial support
for relatives who assume legal guardianship of foster children, this
bill also expands coverage of federal funds for the training of child
welfare workers to include private agency and non-profit workers who
provide foster care and adoption services on behalf of the state. When
combined, all of the components of this bill offer the overhaul our
foster care system so sorely needs.
Today, I stand proud knowing that Congress is on the cusp of passing
such a crucial piece of bipartisan legislation for America's youth. As
a foster mother myself, I thank Congress for giving this matter the
serious time and consideration it deserves.
Mr. McDERMOTT. I yield back the balance of my time, and urge my
colleagues to vote for this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. McDermott) that the House suspend the
rules and pass the bill, H.R. 6307, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________