[Congressional Record Volume 163, Number 105 (Tuesday, June 20, 2017)]
[House]
[Pages H4963-H4966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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MODERNIZING THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE ACT
Mrs. WALORSKI. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2742) to amend title IV of the Social Security Act to
require States to adopt an electronic system to help expedite the
placement of children in foster care or guardianship, or for adoption,
across State lines, and to provide funding to aid States in developing
such a system, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2742
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 ``Modernizing the Interstate
Placement of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State
or another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who
are placed with an adoptive, family, relative, or foster
parent in the same State, because of the outdated,
administratively burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, has since expanded into Illinois, Virginia, Rhode
Island, California, Alaska, Nebraska, and Georgia, and is
expected to be expanded into additional States to improve the
administrative process by which children are placed with
families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers
can spend more time helping children instead of copying and
mailing paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate
case-processing system have been able to reduce from 24
business days to 13 business days the time it takes to
identify a family for a child and prepare the paperwork
required to start the ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security
Act (42 U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which in the case of a State other
than the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, and American Samoa, not later than
October 1, 2027, shall include the use of an electronic
interstate case-processing system'' before the 1st semicolon.
(b) Exemption of Indian Tribes.--Section 479B(c) of such
Act (42 U.S.C. 679c(c)) is amended by adding at the end the
following:
``(4) Inapplicability of state plan requirement to have in
effect procedures providing for the use an electronic
interstate case-processing system.--The requirement in
section 471(a)(25) that a State plan provide that the State
shall have in effect procedures providing for the use of an
electronic interstate case-processing system shall not apply
to an Indian tribe, tribal organization, or tribal consortium
that elects to operate a program under this part.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or
after such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part
E of title IV of the Social Security Act to meet the
additional requirement imposed by the amendments made by
subsection (a), the plan shall not be regarded as failing to
meet any of the additional requirements before the 1st day of
the 1st calendar quarter beginning after the first regular
session of the State legislature that begins after the date
of the enactment of this Act. For purposes of the preceding
sentence, if the State has a 2-year legislative session, each
year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 4. FUNDING FOR THE DEVELOPMENT OF AN ELECTRONIC
INTERSTATE CASE-PROCESSING SYSTEM TO EXPEDITE
THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER
CARE OR GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 629g) is
amended by adding at the end the following:
``(g) Funding for the Development of an Electronic
Interstate Case-Processing System To Expedite the Interstate
Placement of Children in Foster Care or Guardianship, or for
Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship,
or adoptive homes across State lines.
``(2) Requirements.--A State that seeks funding under this
subsection shall submit to the Secretary the following
information:
``(A) A description of the goals and outcomes to be
achieved, which goals and outcomes must result in--
``(i) reducing the time it takes for a child to be provided
with a safe and appropriate permanent living arrangement
across State lines;
``(ii) improving administrative processes and reducing
costs in the foster care system; and
``(iii) the secure exchange of relevant case files and
other necessary materials in real time, and timely
communications and placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded in whole
or in part with the funds, including the sequencing of the
activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed across
State lines.
``(D) Such other information as the Secretary may require.
``(3) Funding authority.--The Secretary may provide funds
to a State that complies with paragraph (2). In providing
funds under this section, the Secretary shall prioritize
States that are not yet connected with the electronic
interstate case-processing system referred to in paragraph
(1).
``(4) Use of funds.--A State to which funding is provided
under this subsection shall use the funding to support the
State in connecting with, or enhancing or expediting services
provided under, the electronic interstate case-processing
system referred to in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which funds are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-processing
system developed pursuant to paragraph (4) has changed the
time it takes for children to be placed across State lines.
``(B) The number of cases subject to the Interstate Compact
on the Placement of Children that were processed through the
electronic interstate case-processing system, and the number
of interstate child placement cases that were processed
outside the electronic interstate case-processing system, by
each State in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-processing
system has affected various metrics related to child safety
and well-being, including the time it takes for children to
be placed across State lines.
``(E) How using the electronic interstate case-processing
system has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
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electronic interstate case-processing system developed
pursuant to paragraph (4) could be used to better serve and
protect children that come to the attention of the child
welfare system, by--
``(A) connecting the system with other data systems (such
as systems operated by State law enforcement and judicial
agencies, systems operated by the Federal Bureau of
Investigation for the purposes of the Innocence Lost National
Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding children
or youth who have been identified as being a sex trafficking
victim or children missing from foster care; and
``(C) improving the ability of States to quickly comply
with background check requirements of section 471(a)(20),
including checks of child abuse and neglect registries as
required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE
AND STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C.
629g(a)) is amended by striking ``2016'' and inserting
``2018''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE
PLACEMENT OF CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C.
629g(b)) is amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made
available for fiscal year 2018 for providing funding under
subsection (g), and the amount so reserved shall remain
available through fiscal year 2022.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Indiana (Mrs. Walorski) and the gentleman from Illinois (Mr. Danny K.
Davis) each will control 20 minutes.
The Chair recognizes the gentlewoman from Indiana.
General Leave
Mrs. WALORSKI. 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. 2742, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Indiana?
There was no objection.
Mrs. WALORSKI. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of my bill, H.R. 2742,
Modernizing the Interstate Placement of Children in Foster Care Act,
which I introduced along with the gentleman from Illinois (Mr. Danny K.
Davis), my friend.
We know full well the importance of a stable home environment for a
child's development and success later in life. Unfortunately, we don't
live in an ideal world. We have seen too many instances when abuse,
neglect, physical or mental illness, addiction, incarceration, or death
necessitates removing a child from their home.
Right now, in my State of Indiana, there are more than 10,000
children in the foster care system than there were 18 months ago. This
is due in large part to the opioid epidemic that has swept across our
country. Our child welfare system is under unprecedented strain.
Yet, in spite of this great need for foster care and adoption, if a
child needs to be placed in another State, caseworkers from both States
must literally print and fill out hundreds of pages of paperwork and
mail them back and forth. This cumbersome process takes months, and
just one missing page can set it back even further. These are precious
months that an at-risk child is stuck in limbo, waiting for the
certainty of a more permanent home. It is time to bring this process
into the 21st century.
Luckily, there is an effort underway already to do just that. In
November 2013, five States, including my home State of Indiana, and the
District of Columbia, launched the National Electronic Interstate
Compact Enterprise, or NEICE. This is a cloud-based electronic system
that allows for the electronic exchange of data between States. It
started as a pilot project, but the results have been crystal clear:
placement wait times dropped by a month and a half, States spent less
time and money on copying and mailing, and caseworkers saved valuable
time.
NEICE is now effective in 16 States, including Mr. Davis' home State
of Illinois, but we can't stop at 16. As it stands today, if a child in
my district in South Bend, Indiana, needed to be placed with their
grandparents just 11 miles away in Niles, Michigan, the two States
would have to undertake that arduous paperwork process because Michigan
is not a part of NEICE yet. All States need to be a part of this system
in order to realize its full benefits.
That is where the bill before us comes in. H.R. 2742 represents a
very important investment in the future of at-risk youth. It requires
States to join the NEICE system by October 1, 2027, and sets aside $5
million in existing Federal funds to facilitate States in joining or
expanding their services under NEICE.
That money doesn't come without strings. States must apply for the
funds and submit detailed plans. The Secretary of Health and Human
Services will have to submit periodic reports to Congress so that we
can monitor progress as States join and ensure that this program
continues to cut wait times for children and administrative costs for
States.
In the 114th Congress, this legislation passed the House of
Representatives, but, unfortunately, did not come up for a vote in the
Senate. It is our hope that we can cross the finish line this year and
help at-risk youth find their forever home more quickly.
I want to thank the gentleman from Illinois (Mr. Danny K. Davis) for
being a great partner in introducing this legislation. I would like to
thank Senators Young, Grassley, and Gillibrand for introducing
companion legislation in the Senate.
Mr. Speaker, finally, I enter into the Record a list of 17
organizations that wrote in support of H.R. 2742.
1. American Academy of Adoption Attorneys/American Academy
of Assisted Reproductive Technology Attorneys
2. American Academy of Pediatrics
3. American Congress of Obstetricians and Gynecologists
4. American Public Human Services Association
5. California County Welfare Directors Association
6. Child Advocates, Indianapolis, IN
7. Child Welfare League of America
8. Children's Home Society of America
9. First Focus
10. Generations United
11. Indiana Department of Child Services
12. March of Dimes
13. National Association of Counties
14. National Association of Pediatric Nurse Practitioners
15. Partnership for Strong Families
16. The Villages of Indiana
17. Voice for Adoption
Mrs. WALORSKI. Mr. Speaker, I urge my colleagues to vote ``yes'' on
this important bill, and I reserve the balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
I strongly support H.R. 2742, the Modernizing the Interstate
Placement of Children in Foster Care Act.
Cross-State placement of youth in foster care is particularly salient
to children living with kinship caregivers. Given that my congressional
district has one of the highest percentages of grandparent caregivers
in the Nation, I am pleased to join with Congresswoman Walorski in
leading this important legislation.
This bill helps reduce the barriers and delays that continue to exist
when the best new home for a child is in a different State than the
unsafe home the child had to leave. Removing barriers that delay or
prevent interstate child placement is a longtime bipartisan goal within
Congress.
This bill addresses an important factor in those delays: the ability
of State computer systems to link up to process the paperwork. The
current paper-based system is antiquated and slow.
As part of an HHS pilot project, seven States, and the District of
Columbia, currently participate in the National Electronic Interstate
Compact Enterprise, or NEICE, an online tool that allows State office
systems to talk to each other and process interstate placements more
quickly. I am, indeed, proud that Illinois is one of those States.
An early evaluation found that this system reduced waiting times for
affected children by about one-third. Ten of the States have already
announced plans to join the exchange over the next 2 years. H.R. 2742
would accelerate the number of participating States in the short run
and ensure that all States participate in the long run. The more States
that join, the more it speeds up the process for everyone.
The director of the Illinois Department of Children and Family
Services
[[Page H4965]]
often emphasizes that we need to operate in ``kid time'' and not
``adult time,'' meaning that we need to recognize the urgency of
restoring permanency for children in child welfare rather than allowing
adult bureaucracy to impede permanency.
Modernizing the technology to increase efficiencies and quicken
placements is common sense and respects the urgency of finding
permanent, loving homes for children.
This is a good bill, and I thank Congresswoman Walorski and her staff
for their excellent work. Our States are joined together, so we join
with this legislation.
Mr. Speaker, I urge support of the bill, and I reserve the balance of
my time.
Mrs. WALORSKI. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield 5 minutes to the
gentleman from Texas (Mr. Doggett), an outstanding legislator.
Mr. DOGGETT. Mr. Speaker, I thank the gentleman, and I salute all of
those who are here today offering the bills--this one, and the four
other related bills--that are being considered; particularly, Mr.
Davis, who now holds the position as ranking Democrat on the Human
Resources Subcommittee, a job that I have held for the last several
years; and Ms. Bass, who has so ably led our Foster Care Caucus. I
think it is unfortunate that they are here; unfortunate because all of
this business should have been resolved last year.
All five of these modest bills would already be helping children
today but for the way the so-called Family First Prevention Services
Act was bungled last year. Each of these five bills were a part of it.
But, unfortunately, families, and particularly families caring for
foster children, have not, and are still not, among the first
priorities of this Congress.
Of course, here in the House, there were many speeches. We had
extensive hearings year after year concerning foster children and the
horrors of child abuse. But speeches alone can't do the job.
There are also many people of goodwill who genuinely care about this
foster care problem in both parties. Mrs. Walorski is certainly one of
those individuals.
But all of us encountered a big problem last year in the Ways and
Means Committee when the Family First Prevention Services Act came up.
It was the same problem we faced in the last Congress when Senator
Wyden and I offered a larger version of the same piece of legislation.
The Ways and Means Committee majority leadership objects to adding a
dime of additional revenue to accompany our speeches. The majority
rejected my recommendation for a tax compliance measure to simply
require the reporting of alimony payments. If you get alimony, it is a
form of income, but there is no report required. This is not an
increased tax. It is a way of avoiding tax evasion. And it would have
raised the revenues necessary to fund the additional Family First
prevention services.
When this bill reached the Senate, the House's decision to reject
that approach, or any other reasonable pay-for, was, instead, relying
on what you could call basically a ``rob Peter to pay Paul'' approach
by cutting funds in support of adoptions and shifting funds from one
part of the foster care system to another part. That, unfortunately,
became the excuse in the Senate to block the bill from being passed. I
have to say that my home State of Texas, under Federal court order, to
correct its many unconstitutional abuses in the foster care system,
wrongfully led the way in blocking the Family First bill.
As to the particular bills that we have up today, this one recognizes
how mobile our society is and how much we need to be able to go across
the country in addressing this problem.
The earlier bill that we considered concerning children who age out
of the foster system that Ms. Bass sponsored--really important--we
heard time and again about the challenges that those children face when
they are, essentially, dumped out on the street at age 18 or age 21,
depending on which State they are in; and challenges particularly for
young women who find themselves in that situation without adequate
preparation or adult help.
This bill that we considered addressed the primary problem of limited
Federal investment in helping these vulnerable older youth prepare for
independence. I don't have any objection to it or to any of the bills
that are being considered today. I object only to the ideological
insistence of some in the majority that any additional revenue from any
source, no matter how reasonable, cannot be placed in a deficient
foster care system, which too many of our States will not fix.
And today's changes do not appear to add any actual new resources to
foster care, and, indeed, they are likely to be overwhelmed by one cut
after another that President Trump is proposing, particularly the
Medicaid cuts that are being forced through this Congress, that are
very important to foster youth and to all children.
So in this Congress--so indifferent to the education and social
service and health needs of children of all types across our country--
perhaps only taking a little step is the best we can expect to meet the
needs of the most vulnerable children in our society.
But I think all of us must be committed to work together to find a
day when we are willing to take truly meaningful action before, rather
than after, children--more children--are needlessly lost.
Mrs. WALORSKI. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield 3 minutes to the
gentlewoman from California (Ms. Bass).
Ms. BASS. Mr. Speaker, I rise in support of H.R. 2742, the
Modernizing the Interstate Placement of Children in Foster Care Act.
Children who cannot be safely returned home deserve to be placed in
the best setting possible for them, regardless of the State where the
setting is located; and no child should have to wait to move to that
best setting because it is across the State line.
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Separation from a parent or long-term caregiver is always traumatic
for a child. Even if relatives come forward right away, it may take
months to get licensed, months in which the child may bond with the
foster family. When the relative lives in another State, the licensing
process can often take as long as 6 months, so that might mean 6 months
in foster care. Sometimes our well-intentioned efforts to protect
children actually do them more harm.
H.R. 2742 provides States with resources to automate this process so
that social workers no longer have to photocopy documents and submit
them on paper through a succession of offices.
Last year, the National Foster Youth Institute organized a listening
tour in Representative Vicky Hartzler's district; and during a meeting
with child welfare professionals, they described the challenges they
face when relatives are identified in different States and they are
unable to quickly place the child with family and must keep the child
in foster care. The judges, social workers, and families specifically
requested Members of Congress to change the law and asked the National
Foster Youth Institute to please advocate for change. I look forward to
communicating with Representative Hartzler and her constituents about
this legislation.
I ask my colleagues to support the legislation sponsored by
Representatives Walorski and Davis, H.R. 2742.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I have no further
speakers, but I will say that my staff and I have been delightfully
pleased to work with Representative Walorski and her staff in preparing
this very commonsense, good legislation. I strongly support it and urge
its passage.
I yield back the balance of my time.
Mrs. WALORSKI. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to close with the words from someone on the
ground living this every day. Sharon Pierce is the president and CEO of
The Villages of Indiana, the largest not-for-profit child and family
services provider in my State and a supporter of H.R. 2742: ``The NEICE
system is going to be invaluable in helping both the public and private
sector child welfare agencies reduce considerably the length of time
[[Page H4966]]
a child needs to wait for a forever family.''
This isn't just a good government bill, Mr. Speaker. Sure, we are
reducing costs and paperwork and we can attach all sorts of numbers and
dollar figures to that, but the most important thing we are doing here
is we are giving at-risk youth a more permanent home sooner. We are
giving them hope sooner. We are giving them a chance to actually thrive
sooner.
I urge my colleagues to vote ``yes.''
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Indiana (Mrs. Walorski) that the House suspend the
rules and pass the bill, H.R. 2742.
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.
____________________