[Congressional Record Volume 156, Number 129 (Thursday, September 23, 2010)]
[House]
[Pages H6896-H6898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RENEWING AUTHORITY FOR STATE CHILD WELFARE DEMONSTRATION PROGRAMS
Mr. McDERMOTT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6156) to renew the authority of the Secretary of Health and
Human Services to approve demonstration projects designed to test
innovative strategies in State child welfare programs, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6156
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION
PROJECTS DESIGNED TO TEST INNOVATIVE STRATEGIES
IN STATE CHILD WELFARE PROGRAMS.
Section 1130 of the Social Security Act (42 U.S.C. 1320a-9)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``1998 through 2003'' and
inserting ``2011 through 2016'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or kinship
guardianship'' after ``placements'';
(ii) in subparagraph (C), by striking ``address kinship
care'' and inserting ``provide early intervention and crisis
intervention services that safely reduce out-of-home
placements and improve child outcomes''; and
(iii) by redesignating subparagraph (C) as subparagraph (D)
and inserting after subparagraph (B) the following:
``(C) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address domestic
violence that endangers children and results in the placement
of children in foster care.'';
(C) in paragraph (4), by inserting ``or kinship
guardianship'' after ``assistance''; and
(D) in paragraph (5), by inserting ``and the ability of the
State to implement a corrective action approved under section
1123A'' before the period;
(2) in subsection (e)--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) an accounting of any additional Federal, State,
local, and private investments (other than those with respect
to which matching funds were provided under part B or E of
title IV) made, during the 2 fiscal years preceding the
application to provide the services described in paragraph
(1), and an assurance that the State will provide an
accounting of that same spending for each year of an approved
demonstration project.'';
(3) in subsection (f)(1)--
(A) in subparagraph (B), by striking ``; and'' and
inserting ``, including all children and families under the
project who come to the attention of the State's child
welfare program, either through a report of abuse or neglect
or through the provision of services described in subsection
(e)(1) to the child or family;''; and
(B) by redesignating subparagraph (C) as subparagraph (D)
and inserting after subparagraph (B) the following:
``(C) a comparison of the amounts of Federal, State, local
and private investments in the services described in
subsection (e)(1), by service type, with the amount of the
investments during the period of the demonstration project;
and''; and
(4) by adding at the end the following:
``(h) Indian Tribes Considered States.--An Indian tribe (as
defined in section 479B(a)) shall be considered a State for
purposes of this section.''.
SEC. 2. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. McDermott) and the gentleman from Georgia (Mr. Linder)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
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 to include extraneous material on H.R. 6156.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. McDERMOTT. I yield myself such time as I may consume.
Mr. Speaker, the legislation before us today will help States test
innovative approaches for improving outcomes for vulnerable children
who come to the attention of our child welfare system.
The bill restores the authority of the Secretary of Health and Human
Services to permit up to 10 demonstration projects annually to allow
States and tribes to test efforts to improve child welfare policy. The
legislation is cost neutral, and it provides the renewed waiver
authority for the next 5 years.
To both increase our understanding of waiver policies and to ensure
improved accountability, the legislation newly requires States to
report the various sources of Federal, State, local, and private funds
that are used in providing specific services under a demonstration
project.
Finally, the bill adds a new Federal emphasis on supporting child
welfare waivers that identify and address problems related to domestic
violence that lead to children being placed in foster care and for
waivers that provide early intervention and crisis intervention
services that safely reduce out-of-home placements.
Past experience has taught us that child welfare waivers can help
States improve outcomes for children while also informing child welfare
policy at the national level. Twenty-three States received one or more
waivers under the previous demonstration authority, which began in
fiscal year 1996 and ended in March of 2006. Although the authority has
expired, a handful of States continue to have demonstration projects in
operation today.
One of the most successful strategies tested through the prior waiver
authority was providing assistance to grandparents and other relatives
who assume legal custody of children in foster care. Through the use of
kinship care and guardianship assistance arrangements, children were
able to find safe and loving homes with family members. This strategy
proved to be successful in improving the outcomes of foster children,
and it became Federal policy when it was incorporated into the
Fostering Connections to Success and Increasing Adoptions Act, which
was signed into law 2 years ago.
While providing waivers can be a useful tool in improving child
welfare policy, we ultimately need more comprehensive changes to fully
reform the system:
Waivers cannot correct certain basic flaws within our current method
of financing child welfare programs, starting with the fact that
increasing numbers of children are not eligible for Federal foster care
assistance because of badly outdated eligibility criteria;
We also need systemic reforms which place a much greater emphasis on
preventing abuse and neglect from occurring in the first place. I
intend to continue to work towards broader reform to address these and
other challenges facing programs serving children at risk of
maltreatment.
Before I close, I want to quickly note that this bill continues a
proud tradition of the Ways and Means Committee and of the Subcommittee
on Income Security and Family Support of reporting out bipartisan
legislation to improve our child welfare system.
During the last Congress, I worked with Representative Jerry Weller
of Illinois to enact the Fostering Connections Act, which made a series
of important changes to Federal policy related to children in foster
care. It passed here by unanimous consent.
Today, I am joined by the ranking member of the subcommittee,
Representative John Linder, in bringing this legislation to the floor;
and I expect that it will also pass by unanimous consent. It has been a
great pleasure to work with John.
I know you are retiring, and I am going to have to work with a new
subcommittee chairman one way or another, or with a ranking member.
So I am looking forward to continuing this tradition of dealing with
the problems of children who need somebody to look out for them, and it
should be a bipartisan issue every time.
I reserve the balance of my time.
Mr. LINDER. Mr. Chairman, thank you for your kind remarks.
I yield myself such time as I may consume.
[[Page H6897]]
Mr. Speaker, this bill comes to the floor in a fashion too many bills
have not in this Congress:
First, we held a subcommittee hearing. Then the legislation was
drafted with bipartisan support. Finally, we ensured that it does not
increase the deficit by a penny. It is an example of what can happen if
we pursue goals that are widely shared and that have been demonstrated
to achieve results.
The legislation before us would allow all States to follow the
successful child welfare reform model tested in Florida and other
places. As we learned in our hearing, those reforms reduced the number
of Florida children in foster care by 36 percent. It increased
adoptions by 12,000, and it improved child safety, all without spending
more taxpayer money.
I would like to insert into the Record a letter of support for this
legislation from Youth Villages, which has worked with local officials
to achieve such successes in Florida.
Since 1994, 22 States have joined Florida in using child welfare
waivers. This legislation extends the authority for all States to do so
for 5 years. This will allow other States to test and replicate
policies that are working. It is my hope that this one day will pave
the way for successful Federal reforms covering all States.
While it appears to be good policy to allow States to waive Federal
rules, perhaps future Congresses will find it equally propitious to
abolish them. Meanwhile, let's move this bill forward and continue our
efforts to improve the lives of all children.
Youth Villages,
Arlington, VA, September 20, 2010.
Chairman Jim McDermott,
Ways and Means Subcommittee on Income Security and Family
Support, Washington, DC.
Ranking Member John Linder,
Ways and Means Subcommittee on Income Security and Family
Support, Washington, DC.
Dear Chairman McDermott and Ranking Member Linder. On
behalf of Youth Villages, I am writing in support of your
bill, H.R. 6156. This legislation provides critical authority
for the Department of Health and Human Services to extend the
Title IV-E waiver program, which has demonstrated substantial
impact since creation in 1994. These waivers provide states
with greater flexibility in the use of Federal funds for
alternative services and supports that promote safety,
permanency and well-being for children in the child
protection and foster care system.
Youth Villages is a leader in innovative and effective
services for troubled youth and their families. Since 2008,
Youth Villages has had the opportunity to work
collaboratively with several local, privatized child welfare
organizations, known as Community Based Care agencies in
implementing Florida's Title IV-E waiver. Youth Villages has
three offices in Florida and is working with local entities
to implement our intensive in-home Intercept services,
identify and serve underserved or `stuck' populations, and
provide them with outcome data to support the impact of their
waiver effort.
As a result of the flexibility afforded by the Title IV-E
waiver, intensive reunification and targeted prevention
services are given greater focus in the state's child welfare
service approach. Without the award of the waiver, it would
have been difficult for Youth Villages to expand its
Intercept program into the state to serve the child welfare
population. In the two years that Youth Villages has been
operating in Florida, we have served over 225 children and
families across the Central and Southern regions of the
state. Over 77% at six months post-discharge are still living
at home or in a home-like environment. The savings associated
with serving these 225 children through Intercept instead of
congregate, out-of-home placements amounts to roughly $19
million dollars when considering recidivism rates associated
with both Intercept and non-Intercept placements.
Youth Villages pledges its full support of H.R. 6156, as
this legislation has the ability to transform the child
welfare system from one that incentivizes out-of-home
placement to a system that promotes in-home treatment and
family unification.
Regards,
Patrick Lawler,
CEO, Youth Villages.
I yield back the balance of my time.
Mr. McDERMOTT. Mr. Speaker, I would like to enter into the Record
letters of support for H.R. 6156 that I received from the National
Conference of State Legislatures and from the American Public Human
Services Association.
National Conference
of State Legislatures,
Washington, DC, September 21, 2010.
Re Renewing Waiver Authority in State Child Welfare Programs
(H.R. 6156).
Hon. Nancy Pelosi,
Speaker of the House, Cannon HOB, Washington, DC.
Hon. John Boehner,
House Minority Leader, Longworth HOB, Washington, DC.
Dear Speaker Pelosi and Minority Leader Boehner: On behalf
of the National Conference of State Legislatures (NCSL), we
urge you to support H.R. 6156, a bill to renew the authority
of the Secretary of the Department of Health and Human
Services to approve demonstration projects designed to test
innovative strategies in state child welfare programs.
Congressman McDermott and Congressman Linder have fashioned
bipartisan legislation that helps create opportunities to
enhance the state/federal partnership to assist our nation's
most vulnerable children.
NCSL supports reinstating and expanding federal waiver
authority so that states can test the results of increased
funding flexibility on the development of service
alternatives and on the overall delivery of child welfare
services, targeting programs to address the needs of their
children. By renewing Title VI-E waiver authority from 2011
through 2016, H.R. 6156 will give states an enhanced ability
to provide early intervention and crisis intervention
services that will safely reduce out-of-home placements and
improve child outcomes.
H.R. 6156 will allow states to improve the quality of their
child welfare interventions and reinvest savings in their
programs. It will also provide both state and federal
legislators more information on what innovations are
effective to transform the lives of children who are at risk
of abuse and neglect. We applaud Congressmen McDermott and
Linder for crafting this legislation.
Sincerely,
Representative Mary Jane Wallner,
New Hampshire House of Representatives, Chair, NCSL
Standing Committee on Human Services and Welfare.
Representative Wes Keller,
Alaska House of Representatives, Chair, NCSL Standing
Committee on Human Services and Welfare.
____
American Public Human Services Association and National
Association of Public Child Welfare Administrators,
September 21, 2010.
Hon. Jim McDermott,
Hon. John Linder,
House Ways and Means Committee, Income and Family Support
Subcommittee, Washington, DC.
Dear Chairman McDermott and Ranking Member Linder: Thank
you for your bipartisan leadership in supporting state
flexibility through the use of IV-E waivers. The American
Public Human Services Association and its affiliate, the
National Association of Public Child Welfare Administrators,
support H.R. 6156 which renews the Health and Human Services
Secretary's authority to approve demonstration projects
designed to test innovative strategies in State child welfare
programs.
While we support H.R. 6156, we believe it is critical to
address restructuring of federal child welfare financing in
the near future. Financing should be aligned with the goals
and outcomes expected of states. In October 2009, NAPCWA's
Executive Committee commissioned a workgroup comprised of
child welfare administrators from large, medium and small
states, as well as state and locally administered states, and
counties. The workgroup developed recommendations on how to
restructure the current Title IV-E financing mechanism.
Introducing legislation on comprehensive finance reform that
addresses the proposals outlined by NAPCWA is essential if
all states are to benefit from the opportunities available to
those few states who apply for a waiver.
Title IV-E waivers were instrumental in helping states to
be innovative when supporting children, youth and families.
Waivers gave states the flexibility to target services and
supports to best meet the needs of at-risk populations.
Waivers provided the opportunity for states to offer
guardianship to relatives who wanted to serve as a permanent
family for young people, yet did not want to sever parental
rights. States such as Florida and counties such as Los
Angeles, Calif., have significantly reduced the number of
children who languish in care. The number of children
experiencing repeat abuse has also decreased.
State practice helped inform federal partners that IV-E
should be applied in ways other than foster care. States
operating demonstration programs should be allowed to
continue to do so.
The overarching premise of IV-E waivers is to prevent
children from entering the foster care system in the first
place. Waivers play a critical role and are a step forward
toward improving the system. We strongly encourage Congress
to pass comprehensive child welfare financing reform
consistent with what has been learned through the waivers.
Federal funds should be aligned so that states have the
ability to use resources to keep children at home when it is
safe to do so and services to ensure that children do not
languish in foster care.
Thank you for your dedication. We look forward to the
continued work of improving
[[Page H6898]]
services and outcomes for vulnerable children.
Sincerely,
Cari DeSantis,
Executive Director, APHSA.
Erin Sullivan Sutton,
President, NAPCWA.
{time} 1150
Mr. McDermott. Mr. Speaker, I yield back the balance of my time and
urge a ``yes'' vote.
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. 6156, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________