[Congressional Record Volume 157, Number 76 (Tuesday, May 31, 2011)]
[House]
[Pages H3784-H3787]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RENEWING AUTHORITY FOR STATE CHILD WELFARE DEMONSTRATION PROGRAMS
Mr. DAVIS of Kentucky. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1194) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1194
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
Kentucky (Mr. Davis) and the gentleman from Washington (Mr. McDermott)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. DAVIS of Kentucky. I ask unanimous consent that all Members have
5 legislative days within which to revise and extend their remarks and
to include extraneous material on the subject of the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. DAVIS of Kentucky. Mr. Speaker, I yield myself such time as I may
consume.
I rise tonight in support of H.R. 1194, a bill to extend the child
welfare waiver authority for States.
This bill will allow States to test innovative approaches to improve
the way we protect children from abuse and neglect. In doing so, it
extends authority that was in place between 1994 and 2006 but has since
lapsed.
Since 2006, the Department of Health and Human Services has not had
the authority to approve new efforts by States to test better ways of
helping children at risk of abuse or neglect. The bill before us today
would simply allow HHS to approve new waivers once again so States can
test new ways of better serving children and families.
As the current chairman of the Ways and Means Human Resources
Subcommittee, which has jurisdiction over child welfare programs, I'm
pleased to cosponsor this legislation with my friend, Mr. McDermott, a
current member of the subcommittee, as well as its prior chairman.
The Human Resources Subcommittee held a hearing on child welfare
waivers last year, which showed the value of State flexibility in this
area. Since 1994, 23 States have run waiver programs that helped inform
the child welfare policy debate and, more importantly, improve the
lives of children and families. Seven States have been granted
extensions and have continued their waiver programs approved before
2006. This bipartisan bill before us today will allow such current
waiver programs to continue, while importantly providing the Secretary
of HHS with authority to approve up to 10 new waivers a year.
The bill before us is identical to legislation the House approved
unanimously on September 23, 2010. However, the Senate did not act on
that legislation before conclusion of the last Congress.
This bill is supported by the National Conference of State
Legislatures, as well as groups active in promoting effective child
welfare programs.
I would like to insert in the Record following my remarks copies of
their letters in support of H.R. 1194.
Especially in challenging financial times, we must be sure that
taxpayer dollars are well spent. The original 1994 law required
rigorous evaluations of each waiver program, and this bill continues
that requirement. This means States will have the flexibility to test
new ideas, but the American people and the Congress will know if these
ideas have made a difference. And because these waiver programs must be
cost neutral to be approved in the first place, the Congressional
Budget Office has assured us that this legislation as a whole is cost
neutral.
I would like to include the CBO analysis to that effect in the Record
as well.
[[Page H3785]]
It is fitting we are debating this measure in May, which is National
Foster Care Month. National Foster Care Month is a time to celebrate
the great work done by thousands of foster parents across the Nation,
and also a time to raise awareness of the hundreds of thousands of
children in foster care who need a permanent home. This legislation
will let States test better ways of helping these young people,
including by working with families to keep kids from entering foster
care in the first place.
So as we recognize National Foster Care Month, this bill is a great
way to work towards solutions that ensure that each child has a
permanent home. Child welfare legislation has often been an area of
bipartisanship in this Chamber, and I'm grateful that we can continue
that tradition with the bill before us today.
I thank Mr. McDermott for his extensive work on this bill and look
forward to continuing to work with him and all our colleagues as this
legislation moves forward. I urge support for this legislation.
National Conference of
State Legislatures,
Washington, DC, April 13, 2011.
Hon. John Boehner,
Speaker of the House, Longworth HOB, Washington, DC.
Hon. Nancy Pelosi,
House Minority Leader, Cannon HOB, Washington, DC.
Dear Speaker Boehner and Minority Leader Pelosi: On behalf
of the National Conference of State Legislatures (NCSL), we
urge you to support H.R. 1194, 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 Jim McDermott and Congressman Geoff Davis 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 IV-E waiver authority from 2011
through 2016, H.R. 1194 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. 1194 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
Davis for crafting this legislation.
Sincerely,
Hon. Mary Jane Wallner,
New Hampshire House of Representatives, Chair, NCSL
Standing Committee on Human Services and Welfare.
Hon. Wes Keller,
Alaska House of Representatives, Chair, NCSL Standing
Committee on Human Services and Welfare.
____
Youth Villages,
Arlington, VA, May 24, 2011.
Chairman Geoff Davis,
Ways and Means Subcommittee on Human Resources, Longworth
House Office Building, Washington, DC.
Congressman Jim McDermott,
Ways and Means Subcommittee on Human Resources, Longworth
House Office Building, Washington, DC.
Dear Chairman Davis and Congressman McDermott: On behalf of
Youth Villages, I am writing in support of your bill, H.R.
1194, and to thank you for your leadership on this issue.
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 three years that Youth Villages has been
operating in Florida, we have served over 300 children and
families across the Central and Southern regions of the
state. Over 70% at six months post-discharge are still living
at home or in a home-like environment. The savings associated
with serving these 300 children through Intercept instead of
congregate, out-of-home placements amounts to roughly $23
million when considering recidivism rates associated with
both Intercept and non-Intercept placements.
Youth Villages pledges its full support of H.R. 1194, 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.
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 1194, A BILL 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 0 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: H.R. 1194 would renew Section 1130 of the Social Security Act for the 2011-2016 period. Section 1130 allows for demonstration projects related to
child welfare to be operated by the states. Those projects are required to be cost-neutral, and the Department of Health and Human Services has
mechanisms in place to ensure that this requirement is met. As such, there would be no costs associated with the renewal of Section 1130.
Source: Congressional Budget Office.
I reserve the balance of my time.
{time} 1920
Mr. McDERMOTT. I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1194, a bill that would
reinstate authority within the Department of Health and Human Services
to allow up to 10 States and Native American tribes a year to conduct
demonstration projects that test ways to improve child welfare
programs.
I want to thank the chairman of the Human Resources Subcommittee, Mr.
Davis, for following in the tradition of the previous chairman, Mr.
Linder. He was the one who worked with us last year in putting this
through. It's good to have that same thing going through. This is a
rare bill. It's actually a bipartisan bill.
This bill reinstates the waiver authority to allow the States and
tribes to implement and evaluate innovations to improve outcomes for
at-risk families and children. The legislation is cost neutral and
renews waiver authority for the next 6 years.
Twenty-three States and jurisdictions received waivers under the
previous authority, which began in 1997 and ended in 2006. Although the
authority for new waivers has expired, a handful of States and counties
have continued demonstration projects, including Florida, Ohio, and Los
Angeles County, California.
The legislation also includes a new emphasis on the Federal side of
supporting waivers that identify and address domestic violence and
related problems, which lead to children being placed in foster care.
It emphasizes early intervention and crisis intervention services that
safely reduce out-of-home placements.
The waiver authority requires States to report on the Federal, State,
local,
[[Page H3786]]
and private funding sources that support various services under the
demonstration project. This additional information will increase our
understanding of waiver policies and increase accountability. The
innovative strategies successfully tested in States under the previous
waiver authority taught us some lessons at the national level that were
helpful because it made child welfare policy more effective.
One of the most successful demonstration projects provided support to
grandparents and other relative caregivers who became the guardians of
young relatives in foster care. This became Federal policy when it was
incorporated into the Fostering Connections Act, which passed in 2008.
Since the waiver authority expired, States, service providers, and
foster care experts have called for it to be renewed, to allow
continued innovation and evaluation of strategies to address the
complex needs of children and families in our 21st-century communities.
Many States, like my State of Washington, can do more with limited
funds than they have if they have well-defined waivers.
Following a hearing last year in the Ways and Means Committee, I
introduced legislation with John Linder, as I mentioned before, to
reinstate the waiver authority. We did it late in the session; and a
short time later, the legislation passed the House. Unfortunately, it
was late in the session, as I said, and the Senate was unable to take
up the bill. So we thought if we put it over early this time, maybe it
will be dealt with before the end of the 112th. The legislation before
us is identical to the bill introduced last year and passed in this
House unanimously.
Mr. Speaker, my support for restoring this waiver authority is not
meant to suggest that traditional Federal investments are not needed in
the child welfare system. We need to fully fund our child welfare
programs. These child welfare waivers simply give the States more
flexibility in developing innovations. Waivers are not a panacea. They
are not a substitute for comprehensive solutions for the problems that
remain in the child welfare system.
I also want to point out that the authority provided by this bill in
no way affects a child's entitlement for assistance under Federal
foster care and adoption assistance programs. This is important to
remember for anyone comparing the waiver authority in this bill to
proposals for much broader waivers in other safety-net programs.
Reinstating the child welfare waiver authority will allow States to
continue developing strategies to improve the lives of children and
families, who are some of the most vulnerable in our midst.
I urge a ``yes'' vote on this legislation.
Mr. Speaker, I now yield 3 minutes to the gentlewoman from Texas (Ms.
Jackson Lee).
(Ms. JACKSON LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON LEE of Texas. Let me thank Dr. McDermott, first of all,
for his consistent, years-long support of our children that are in
foster care. And I thank the manager and the Representative of the
majority for their hard work.
This bill was introduced in the 111th Congress. It was passed by
voice vote. It is an important amendment to the Social Security Act to
renew through FY 2016, where it authorizes up to 10 States and tribes
to conduct demonstration projects that serve as tests for methods to
improve child welfare programs.
As a cochair of the Congressional Children's Caucus, we have worked
on a number of issues through the years. We have been privileged to
deal with the question of mentoring, the question of bullying, the
question of dealing with the disabled child, and, yes, the question of
dealing with foster parenting. In fact, some years ago I served as a
cochair with then-Congressman Mike Andrews to provide relief to foster
parents by finding a process that would provide vacation time for them.
I have gone to meetings dealing with grandparents who have become
foster parents. So it is important to be able to find the best
practices.
The waivers that will come about are designed to afford more
flexibility to States in determining how to use Federal funding for
child welfare and foster care. The program gave more discretion to the
State Departments that administer child welfare programs aimed to
foster innovative and effective child welfare programs.
One of the issues in the State of Texas is the age-old issue of aging
out. What do you do with the 18- or 19-year-old who had lived in foster
care, ages out, and has no place to go? I hope in the course of this
legislation we will find that creative thinking.
This bill, of course, addresses delays to guardianship for children
in foster care, provides early crisis intervention programs that are so
important to improve the outcomes of the foster care system, and
addresses domestic violence that results in placement in foster care.
To the late Congressman Mickey Leland, I am reminded that we had a
facility called the Mickey Leland refuge or relief area in our
district, the 18th Congressional District, that provided an emergency
placement for children that had to be taken out of the home
immediately. We cradled children from zero to toddler age. Our children
need us, and those who are in fact taking care of foster children need
us as well.
There are 423,000 children living in foster care; 26,000 of these
children are from my home State of Texas. I frankly believe those
numbers are even higher. But this legislation will continue a unique
opportunity for States granted waivers to address the diverse needs of
the cities and regions of the particular States.
I can't think of a more precious resource than our children. I am
very glad to be part of the Congressional Children's Caucus; and I
deeply believe this particular legislation, Mr. Speaker, provides a
safety net for our children. I ask my colleagues to support it.
Mr. Speaker, I rise today in support of H.R. 1194, a bill 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. My colleague, Jim McDermott, introduced this
bill in the 111th Congress, and it was passed by a voice vote. This
legislation, which amends Title XI of the Social Security Act to renew
through FY2016, authorizes up to ten states and tribes to conduct
demonstration projects that serve as tests for methods to improve child
welfare programs.
Under the previous authority, which began in 1997 and ended in 2006,
23 states and tribal jurisdictions received waivers to certain
provisions of the Social Security Act. These waivers are designed to
afford more flexibility to states in determining how to use federal
funding for child welfare and foster care. The program gave more
discretion to the state departments that administer child welfare
programs, and aimed to foster innovative and effective child welfare
programs.
The waiver authority in this legislation requires states to report on
Federal, state and local funding sources that support all services
under a demonstration project, increasing our knowledge of waiver
policies and allow for successful implementation of similar programs in
the future.
Under the previous waiver authority, many innovative and effective
demonstration projects were successfully tested in States, providing
the Department of Health and Human Services with new ideas for
implementation at the national level. This legislation does not seek to
reduce funding or services for child welfare at any level, but rather
seeks to improve these services by allowing states the flexibility to
test programs.
The bill introduced by my colleague from Washington addresses delays
to guardianship for children in foster care, provides early and crisis
intervention programs to improve the outcomes of the foster system, and
addresses domestic violence that results in placement in foster care.
The Administration for Children and Families (ACF) reports that at
the end of 2009, there were 423,000 children living in foster care.
26,600 of those children were from my home state of Texas. In fact, the
Texas Department of Family and Protective Services estimates that as of
February 2011, 3,726 children in Houston were living in foster care. As
the Representative for Texas' 18th Congressional District in Houston, I
am committed to increasing the efficiency and improving the outcomes of
foster care and other child welfare systems.
This legislation would continue a unique opportunity for states
granted waivers to address the diverse needs of the cities and regions
in that particular state. Of the 3,726 children in foster care
throughout Houston, nearly 2,000 of those children are African
American. While foster care disproportionately affects African
Americans in Houston, these demographics change throughout the state.
This program encourages innovation based on the needs of
[[Page H3787]]
states, and will certainly contribute to national initiatives.
Child welfare is a deeply important issue for this country. The
Department of Health and Human Services estimates the 2010 Census will
show the number of children in foster care is over half a million and
will only continue to rise. It is our responsibility to take any
possible measure to improve the outcomes of foster care, and renewing
the authority granted to Health and Human Services under H.R. 1194 is
essential to that goal.
Mr. DAVIS of Kentucky. I continue to reserve the balance of my time,
Mr. Speaker.
Mr. McDERMOTT. Mr. Speaker, in conclusion, I simply want to say again
``thank you'' to my colleague from Kentucky. This working relationship
on behalf of children is one that has never gotten really political,
and it is one of the nicest things about serving in Congress. So I
appreciate having Geoff come on as the new chairman of the committee.
I have no further requests for time, and I yield back the balance of
my time.
Mr. DAVIS of Kentucky. Mr. Speaker, I am grateful again to
acknowledge my colleague Mr. McDermott and his many years of work on
this issue. The staff in both the majority and minority on the
subcommittee have worked very hard through time on this issue to bring
this bipartisan measure to the floor today.
Passage of H.R. 1194 will renew child welfare waiver authorities so
States can again test new ways of helping at-risk youth. These waivers
will let States develop new ideas, and allow them to spend money on
what we know is most effective, which is working to keep children
safely together with their families.
I urge passage of this bill.
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Quayle). The question is on the motion
offered by the gentleman from Kentucky (Mr. Davis) that the House
suspend the rules and pass the bill, H.R. 1194.
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.
____________________