[Congressional Record Volume 163, Number 105 (Tuesday, June 20, 2017)]
[House]
[Pages H4968-H4970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORTING FAMILIES IN SUBSTANCE ABUSE TREATMENT ACT
Mrs. NOEM. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2857) to support foster care maintenance payments for children
with parents in a licensed residential family-based treatment facility
for substance abuse, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2857
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 ``Supporting Families in
Substance Abuse Treatment Act''.
SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH
PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED
TREATMENT FACILITY FOR SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42
U.S.C. 672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed
residential family-based treatment facility, but only to the
extent permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance
Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section shall be eligible for
the payments for a period of not more than 12 months during
which the child is placed with a parent who is in a licensed
residential family-based treatment facility for substance
abuse, but only if--
``(A) the recommendation for the placement is specified in
the child's case plan before the placement;
``(B) the treatment facility provides, as part of the
treatment for substance abuse, parenting skills training,
parent education, and individual and family counseling; and
``(C) the substance abuse treatment, parenting skills
training, parent education, and individual and family
counseling is provided under an organizational structure and
treatment framework that involves understanding, recognizing,
and responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-informed
approach and trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Payment amount.--The amount the State may receive
under section 474(a)(1) for a child placed with a parent who
is in a licensed residential family-based treatment facility
for substance abuse shall not exceed the amount the State
would otherwise be eligible to receive under such section
based on where the child would be appropriately placed in a
setting described in section 472(a)(2)(C) if such treatment
setting were not available.
``(3) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph
(1), only the children who satisfy the requirements of
paragraphs (1)(B) and (3) of subsection (a) shall be
considered to be children with respect to whom foster care
maintenance payments are made under this section for purposes
of subsection (h) or section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act
(42 U.S.C. 674(a)(1)) is amended by inserting ``subject to
section 472(j),'' before ``an amount equal to the Federal''
the first place it appears.
SEC. 3. EFFECTIVE DATE.
(a) Effective Dates.--Subject to subsection (b), the
amendments made by this Act shall take effect on October 1,
2017.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part E
of title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements
imposed by the amendments made by this Act, the State plan
shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure
of the plan to meet such additional requirements before the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of
the State legislature.
[[Page H4969]]
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this Act (whether the
tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative
agreement or contract entered into with a State), the
Secretary shall provide the tribe, organization, or tribal
consortium with such additional time as the Secretary
determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the
additional requirements before being regarded as failing to
comply with the requirements.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
South Dakota (Mrs. Noem) and the gentleman from Illinois (Mr. Danny K.
Davis) each will control 20 minutes.
The Chair recognizes the gentlewoman from South Dakota.
General Leave
Mrs. NOEM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 2857, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from South Dakota?
There was no objection.
Mrs. NOEM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of my bill, the Supporting
Families in Substance Abuse Treatment Act, which I have cosponsored
with my colleague, Ms. Judy Chu from California.
Across the country, opioid abuse has reached epidemic proportions. In
my home State of South Dakota, drug use tears families apart. It
results in gang activity, domestic abuse, and other kinds of violence,
including many of our Native American communities throughout the State.
Congress has worked to provide first responders and healthcare
providers with tools they need to address this crisis, but we need to
do more. We need to do more to ensure the stability of families
affected by these terrible drugs.
The Supporting Families in Substance Abuse Treatment Act provides
much-needed support to families fighting to endure through substance
abuse. The bill permits Federal foster care payments for children in
foster care who are placed with a parent in a licensed residential
family-based treatment facility for a period of up to 12 months.
Programs that address parental substance abuse by housing families
together have been found to be highly effective in supporting parent-
child bonding and reducing substance abuse relapses. Unfortunately,
these programs aren't utilized to their fullest extent.
This bill ensures that States incur little to no additional cost if a
child is safely placed with a parent in a family substance abuse
treatment program, rather than separating the child from their parent
and placing the parent in an individual program.
I would remind my colleagues that provisions in this bill were
included in the Family First Prevention Services Act of 2016, which
passed the House by voice vote and received support from over 500
different State and local groups representing a wide range of
practitioners and advocacy organizations. I urge my colleagues to
support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I strongly support H.R. 2857, the Supporting Families in
Substance Abuse Treatment Act.
Substance abuse has had a devastating impact on families in the U.S.
Between 60 to 80 percent of substantiated child abuse and neglect cases
involve substance use by a custodial parent or guardian.
Early access to substance use treatment improves parental, family,
and child-focused outcomes. However, treatment access can come at the
cost of removing a child from their parents' care. This separation
disrupts opportunities for mothers and children to develop emotional
bonds, increasing the likelihood of childhood emotional and behavior
problems.
Although research shows that keeping children in a parent's care
while they seek treatment has benefits to the parent and the child,
access to parent-child treatment centers have been limited. To address
this concern, a significant number of programs in Illinois and
nationally have led the way in family substance abuse treatment.
One example in my congressional district is the Haymarket Center,
with a 16-bed pregnant and postpartum program that allows patients to
bring up to two children with them. Using evidence-based practices for
trauma, family reunification and children's development, the Haymarket
Center has demonstrated significant positive outcomes through an
independent evaluation.
For example, women experienced significant declines in substance use
at both 3- and 6-month follow-ups; improvements in mental and physical
health; less victimization, homelessness and criminal activity;
increased safe and healthy pregnancies, and improved birth outcomes.
In addition, the Haymarket Center has expanded its residential
treatment center services to include a responsible fatherhood program,
which they document as playing a crucial part in achieving strong
outcomes.
Another example is on what we in Chicago call the South Side of
Chicago and the West Side of Chicago and the North Side of Chicago and
the East Side of Chicago, but on the South Side of Chicago, the Harriet
Tubman Program, which is a 16-bed facility that can accommodate up to
10 children under the age of 5. Women who participate in these programs
remain in the program longer and have lower rates of recidivism.
There is also The Women's Treatment Center on the West Side. This
center has a pregnant and postpartum women's program for up to 12 women
and up to 12 children, as well as a residential rehab for up to 14
women and up to 23 children. All of these programs provide real
assistance to strengthen real families.
H.R. 2857 is common sense. These family-based treatment programs have
demonstrated success, lower relapse rates, decreased attachment trauma
for children, and they build families and health.
Mr. Speaker, I urge my colleagues to support the passage of this
bill, and I reserve the balance of my time.
Mrs. NOEM. Mr. Speaker, having no other speakers, I reserve the
balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I am pleased to yield 4
minutes to the gentlewoman from California (Ms. Judy Chu), who is a
sponsor of this legislation.
Ms. JUDY CHU of California. Mr. Speaker, I rise today to urge my
colleagues to support H.R. 2857, the Supporting Families in Substance
Abuse Treatment Act. I am pleased to cosponsor this bipartisan bill
with Congresswoman Kristi Noem. This important legislation would
encourage States to prioritize keeping families together when a parent
is receiving substance abuse treatment.
Under current law, States cannot receive Federal reimbursement if
they choose to place both a parent and child in a family substance
abuse treatment program. However, if that child is separated from their
parent and placed with a foster family, the State can receive a match
in Federal funding of 50 percent or more. This discrepancy effectively
creates an incentive to separate children from their parents when one
is receiving substance abuse treatment.
However, studies have shown that keeping children in the care of
their parents while they seek treatment can increase family bonding,
child attachment, and family functioning, all while minimizing the
trauma of separation for children.
Today, solutions to parental drug abuse that prioritize the family
are increasingly necessary as the opioid epidemic continues to place
unprecedented strains on our communities. According to one estimate,
drug overdoses may now be the leading cause of death among Americans
under the age of 50. And as more parents require substance abuse
treatment, more children are placed into foster care. In fact, studies
found that between one-third and two-thirds of children enter foster
care at least partly because of parental substance abuse.
[[Page H4970]]
Now, we know that foster care does wonders for many children every
day, but it may not be the best match for every child, and the decision
should not come down to cost.
In my district of Los Angeles, for instance, we have a program called
the Exodus program, where formerly homeless families live in an on-site
apartment complex and receive comprehensive services, including
substance abuse treatment, counseling, child development, and family
reunification services. Over the last 7 years, more than 80 percent of
enrolled families have completed the program, and 95 percent have been
able to keep their families together.
Even though we know that parent-child substance abuse models like
Exodus have shown promising results, current law does not financially
incentivize States to utilize these programs where they are available.
The Supporting Families in Substance Abuse Treatment Act would
address this problem by ensuring that if parents and children are
placed in these programs and stay together, the State can receive the
full Federal match for the child's living costs. States would retain
full authority to decide which placement is best, but that
consideration will now be based on what is best for the child, not what
is most affordable for the State.
States should be given the option to use family-based treatment
options without risking the loss of Federal foster care reimbursement.
I urge my colleagues to consider our Nation's families and how this
legislation may impact those with heads of household who are struggling
with addiction. We can heal them without creating new trauma or pain
for their children.
Mr. Speaker, I urge my colleagues to support H.R. 2857.
Mrs. NOEM. Mr. Speaker, having no other speakers, I 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 today in support of H.R. 2857, to
support foster care maintenance payments for children with parents in a
licensed residential facility.
Last month, when the National Foster Youth Institute sponsored Foster
Youth Shadow Day, several of the youth, in a townhall meeting that we
had, described their parents' challenges with substance abuse. One
young lady said that both of her parents were addicted to heroin, and
that she was taken into court and, in front of her, the judge said to
her parents: ``If you don't clean up, we're going to take your children
away.''
{time} 1745
After she left court, she was taken away. She was removed from her
parents. Ultimately, her parents continued to use, and, sadly, both of
them died. This young woman grew up feeling guilty and feeling that
part of the reason why her parents passed away was because she was used
as leverage, and that if her parents had been kept together in drug
treatment along with her maybe she wouldn't be an orphan today and her
parents would have lived and she wouldn't have had to grow up in foster
care. H.R. 2857 will allow programs like SHIELDS for Families that does
address parental substance abuse and keeps families together to have
the resources to expand their programs.
Today, we heard five bills that addressed challenges in the child
welfare system. We know that there is a lot more that needs to be done,
but today we passed bills addressing substance abuse, relative
caregivers, we identified and addressed barriers to placement, and I am
hoping that one next step we could take would be to extend the kinship
navigator programs so that organizations like Community Coalition can
continue to provide support to relatives and expand their Kinship in
Action program.
As we improve various parts of the system, at some point we need to
address the structural problem with how the system is financed. Right
now, we have to remove a child and break up a family in order to have
the resources to help the child. We know much more now. We know what
leads a parent to neglect the child: substance abuse, mental health
issues, poverty. We need to continue to reform the system and provide
the resources to prevent a crisis. When problems are identified, why
should we wait for the neglect to occur?
Once again, I want to thank Chairman Brady, Ranking Member Neal, and
all of the sponsors of the legislation today, and I urge my colleagues
to support H.R. 2857.
Mrs. NOEM. Mr. Speaker, I reserve the balance of my time.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I yield myself the
balance of my time.
I want to commend Representative Noem and all of the cosponsors of
this important bill. These are programs that have been proven to work.
They are what are called evidence based, where the research
demonstrates that, with them, individuals have been able to improve the
quality of not only their lives, but certainly the lives of their
children and the lives of everyone with whom they come into contact.
I agree that today has been a tremendous day for the Ways and Means
Committee and also a tremendous day for the people of the United States
of America, where we have come together with five bills that will be
passed at the end of the day dealing with the needs, hopes, and
aspirations of our vulnerable population of children. You really can't
have a better day than that.
And so again, I commend Chairman Brady, Ranking Member Neal, and all
of the Members for their participation, engagement, and involvement.
Mr. Speaker, I urge passage of the bill, and I yield back the balance
of my time.
Mrs. NOEM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today I want to thank all of my colleagues for working
with me on this legislation and collaborating on the Supporting
Families in Substance Abuse Treatment Act that is before us today.
This is a critical step in addressing the needs that we have in our
communities with the urgent opioid and methamphetamine crisis in our
country while protecting the foundation of our society, which is the
family.
Mr. Speaker, I urge the support of this legislation that is before us
today, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from South Dakota (Mrs. Noem) that the House suspend the
rules and pass the bill, H.R. 2857, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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