[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.

                          ____________________