[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[House]
[Pages 9437-9443]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1315
  SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2006

  Mr. HERGER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5403) to improve protections for children and to hold States 
accountable for the safe and timely placement of children across State 
lines, and for other purposes.
  The Clerk read as follows:

                               H.R. 5403

       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 ``Safe and Timely Interstate 
     Placement of Foster Children Act of 2006''.

     SEC. 2. SENSE OF THE CONGRESS.

       It is the sense of the Congress that--
       (1) the States should expeditiously ratify the revised 
     Interstate Compact for the Placement of Children recently 
     promulgated by the American Public Human Services 
     Association;
       (2) this Act and the revised Interstate Compact for the 
     Placement of Children should not apply to those seeking 
     placement in a licensed residential facility primarily to 
     access clinical mental heath services;
       (3) the States should recognize and implement the deadlines 
     for the completion and approval of home studies as provided 
     in section 4 to move children more quickly into safe, 
     permanent homes; and
       (4) Federal policy should encourage the safe and expedited 
     placement of children into safe, permanent homes across State 
     lines.

     SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT 
                   OF CHILDREN.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (23);
       (2) by striking the period at the end of paragraph (24) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(25) provide that the State shall have in effect 
     procedures for the orderly and timely interstate placement of 
     children; and procedures implemented in accordance with an 
     interstate compact, if incorporating with the procedures 
     prescribed by paragraph (26), shall be considered to satisfy 
     the requirement of this paragraph.''.

     SEC. 4. HOME STUDIES.

       (a) Orderly Process.--
       (1) In general.--Section 471(a) of the Social Security Act 
     (42 U.S.C. 671(a)) is further amended--
       (A) by striking ``and'' at the end of paragraph (24);
       (B) by striking the period at the end of paragraph (25) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(26) provides that--
       ``(A)(i) within 60 days after the State receives from 
     another State a request to conduct a study of a home 
     environment for purposes of assessing the safety and 
     suitability of placing a child in the home, the State shall, 
     directly or by contract--
       ``(I) conduct and complete the study; and
       ``(II) return to the other State a report on the results of 
     the study, which shall address the extent to which placement 
     in the home would meet the needs of the child; and
       ``(ii) in the case of a home study begun on or before 
     September 30, 2008, if the State fails to comply with clause 
     (i) within the 60-day period as a result of circumstances 
     beyond the control of the State (such as a failure by a 
     Federal agency to provide the results of a background check, 
     or the failure by any entity to provide completed medical 
     forms, requested by the State at least 45 days before the end 
     of the 60-day period), the State shall have 75 days to comply 
     with clause (i) if the State documents the circumstances 
     involved and certifies that completing the home study is in 
     the best interests of the child; except that
       ``(iii) this subparagraph shall not be construed to require 
     the State to have completed, within the applicable period, 
     the parts of the home study involving the education and 
     training of the prospective foster or adoptive parents;
       ``(B) the State shall treat any report described in 
     subparagraph (A) that is received from another State or an 
     Indian tribe (or from a private agency under contract with 
     another State) as meeting any requirements imposed by the 
     State for the completion of a home study before placing a 
     child in the home, unless, within 14 days after receipt of 
     the report, the State determines, based on grounds that are 
     specific to the content of the report, that making a decision 
     in reliance on the report would be contrary to the welfare of 
     the child; and
       ``(C) the State shall not impose any restriction on the 
     ability of a State agency administering, or supervising the 
     administration of, a State program operated under a State 
     plan approved under this part to contract with a private 
     agency for the conduct of a home study described in 
     subparagraph (A).''.
       (2) Report to the congress.--Within 12 months after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services shall submit to the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate a written report on--
       (A) how frequently States need the extended 75-day period 
     provided for in clause (ii) of section 471(a)(26)(A) of the 
     Social Security Act in order to comply with clause (i) of 
     such section;
       (B) the reasons given for utilizing the extended compliance 
     period;
       (C) the extent to which utilizing the extended compliance 
     period leads to the resolution of the circumstances beyond 
     the control of the State; and
       (D) the actions taken by States and any relevant Federal 
     agencies to resolve the need for the extended compliance 
     period.
       (3) Sense of the congress.--It is the sense of the Congress 
     that each State should--
       (A) use private agencies to conduct home studies when doing 
     so is necessary to meet the requirements of section 
     471(a)(26) of the Social Security Act; and
       (B) give full faith and credit to any home study report 
     completed by any other State or an Indian tribe with respect 
     to the placement of a child in foster care or for adoption.
       (b) Timely Interstate Home Study Incentive Payments.--Part 
     E of title IV of the Social Security Act (42 U.S.C. 670-679b) 
     is amended by inserting after section 473A the following:

     ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

       ``(a) Grant Authority.--The Secretary shall make a grant to 
     each State that is a home study incentive-eligible State for 
     a fiscal year in an amount equal to the timely interstate 
     home study incentive payment payable to the State under this 
     section for the fiscal year, which shall be payable in the 
     immediately succeeding fiscal year.
       ``(b) Home Study Incentive-Eligible State.--A State is a 
     home study incentive-eligible State for a fiscal year if--
       ``(1) the State has a plan approved under this part for the 
     fiscal year;
       ``(2) the State is in compliance with subsection (c) for 
     the fiscal year; and
       ``(3) based on data submitted and verified pursuant to 
     subsection (c), the State has completed a timely interstate 
     home study during the fiscal year.
       ``(c) Data Requirements.--
       ``(1) In general.--A State is in compliance with this 
     subsection for a fiscal year if the State has provided to the 
     Secretary a written report, covering the preceding fiscal 
     year, that specifies--
       ``(A) the total number of interstate home studies requested 
     by the State with respect to children in foster care under 
     the responsibility of the State, and with respect to each 
     such study, the identity of the other State involved;
       ``(B) the total number of timely interstate home studies 
     completed by the State with respect to children in foster 
     care under the responsibility of other States, and with 
     respect to each such study, the identity of the other State 
     involved; and
       ``(C) such other information as the Secretary may require 
     in order to determine whether the State is a home study 
     incentive-eligible State.
       ``(2) Verification of data.--In determining the number of 
     timely interstate home studies to be attributed to a State 
     under this section, the Secretary shall check the data 
     provided by the State under paragraph (1) against 
     complementary data so provided by other States.
       ``(d) Timely Interstate Home Study Incentive Payments.--
       ``(1) In general.--The timely interstate home study 
     incentive payment payable to a State for a fiscal year shall 
     be $1,500, multiplied by the number of timely interstate home 
     studies attributed to the State under this section during the 
     fiscal year, subject to paragraph (2).
       ``(2) Pro rata adjustment if insufficient funds 
     available.--If the total amount of timely interstate home 
     study incentive payments otherwise payable under this section 
     for a fiscal year exceeds the total of the

[[Page 9438]]

     amounts made available pursuant to subsection (h) for the 
     fiscal year (reduced (but not below zero) by the total of the 
     amounts (if any) payable under paragraph (3) of this 
     subsection with respect to the preceding fiscal year), the 
     amount of each such otherwise payable incentive payment shall 
     be reduced by a percentage equal to--
       ``(A) the total of the amounts so made available (as so 
     reduced); divided by
       ``(B) the total of such otherwise payable incentive 
     payments.
       ``(3) Appropriations available for unpaid incentive 
     payments for prior fiscal years.--
       ``(A) In general.--If payments under this section are 
     reduced under paragraph (2) or subparagraph (B) of this 
     paragraph for a fiscal year, then, before making any other 
     payment under this section for the next fiscal year, the 
     Secretary shall pay each State whose payment was so reduced 
     an amount equal to the total amount of the reductions which 
     applied to the State, subject to subparagraph (B) of this 
     paragraph.
       ``(B) Pro rata adjustment if insufficient funds 
     available.--If the total amount of payments otherwise payable 
     under subparagraph (A) of this paragraph for a fiscal year 
     exceeds the total of the amounts made available pursuant to 
     subsection (h) for the fiscal year, the amount of each such 
     payment shall be reduced by a percentage equal to--
       ``(i) the total of the amounts so made available; divided 
     by
       ``(ii) the total of such otherwise payable payments.
       ``(e) Two-Year Availability of Incentive Payments.--
     Payments to a State under this section in a fiscal year shall 
     remain available for use by the State through the end of the 
     next fiscal year.
       ``(f) Limitations on Use of Incentive Payments.--A State 
     shall not expend an amount paid to the State under this 
     section except to provide to children or families any service 
     (including post-adoption services) that may be provided under 
     part B or E. Amounts expended by a State in accordance with 
     the preceding sentence shall be disregarded in determining 
     State expenditures for purposes of Federal matching payments 
     under sections 423, 434, and 474.
       ``(g) Definitions.--In this section:
       ``(1) Home study.--The term `home study' means an 
     evaluation of a home environment conducted in accordance with 
     applicable requirements of the State in which the home is 
     located, to determine whether a proposed placement of a child 
     would meet the individual needs of the child, including the 
     child's safety, permanency, health, well-being, and mental, 
     emotional, and physical development.
       ``(2) Interstate home study.--The term `interstate home 
     study' means a home study conducted by a State at the request 
     of another State, to facilitate an adoptive or foster 
     placement in the State of a child in foster care under the 
     responsibility of the State.
       ``(3) Timely interstate home study.--The term `timely 
     interstate home study' means an interstate home study 
     completed by a State if the State provides to the State that 
     requested the study, within 30 days after receipt of the 
     request, a report on the results of the study. The preceding 
     sentence shall not be construed to require the State to have 
     completed, within the 30-day period, the parts of the home 
     study involving the education and training of the prospective 
     foster or adoptive parents.
       ``(h) Limitations on Authorization of Appropriations.--
       ``(1) In general.--For payments under this section, there 
     are authorized to be appropriated to the Secretary--
       ``(A) $10,000,000 for fiscal year 2007;
       ``(B) $10,000,000 for fiscal year 2008;
       ``(C) $10,000,000 for fiscal year 2009; and
       ``(D) $10,000,000 for fiscal year 2010.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) are authorized to remain available until expended.''.
       (c) Repealer.--Effective October 1, 2010, section 473B of 
     the Social Security Act is repealed.

     SEC. 5. SENSE OF THE CONGRESS.

       It is the sense of the Congress that State agencies should 
     fully cooperate with any court which has authority with 
     respect to the placement of a child in foster care or for 
     adoption, for the purpose of locating a parent of the child, 
     and such cooperation should include making available all 
     information obtained from the Federal Parent Locator Service.

     SEC. 6. CASEWORKER VISITS.

       (a) Purchase of Services in Interstate Placement Cases.--
     Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 
     675(5)(A)(ii)) is amended by striking ``or of the State in 
     which the child has been placed'' and inserting ``of the 
     State in which the child has been placed, or of a private 
     agency under contract with either such State''.
       (b) Increased Visits.--Section 475(5)(A)(ii) of such Act 
     (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and 
     inserting ``6''.

     SEC. 7. HEALTH AND EDUCATION RECORDS.

       Section 475 of the Social Security Act (42 U.S.C. 675) is 
     amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``To the extent available and accessible, 
     the'' and inserting ``The''; and
       (B) by inserting ``the most recent information available 
     regarding'' after ``including''; and
       (2) in paragraph (5)(D)--
       (A) by inserting ``a copy of the record is'' before 
     ``supplied''; and
       (B) by inserting ``, and is supplied to the child at no 
     cost at the time the child leaves foster care if the child is 
     leaving foster care by reason of having attained the age of 
     majority under State law'' before the semicolon.

     SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

       (a) In General.--Section 475(5)(G) of the Social Security 
     Act (42 U.S.C. 675(5)(G)) is amended--
       (1) by striking ``an opportunity'' and inserting ``a 
     right'';
       (2) by striking ``and opportunity'' and inserting ``and 
     right''; and
       (3) by striking ``review or hearing'' each place it appears 
     and inserting ``proceeding''.
       (b) Notice of Proceeding.--Section 438(b) of such Act (42 
     U.S.C. 638(b)) is amended by inserting ``shall have in effect 
     a rule requiring State courts to ensure that foster parents, 
     pre-adoptive parents, and relative caregivers of a child in 
     foster care under the responsibility of the State are 
     notified of any proceeding to be held with respect to the 
     child, and'' after ``highest State court''.

     SEC. 9. COURT IMPROVEMENT.

       Section 438(a)(1) of the Social Security Act (42 U.S.C. 
     629h(a)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C); and
       (2) by adding at the end the following:
       ``(E) that determine the best strategy to use to expedite 
     the interstate placement of children, including--
       ``(i) requiring courts in different States to cooperate in 
     the sharing of information;
       ``(ii) authorizing courts to obtain information and 
     testimony from agencies and parties in other States without 
     requiring interstate travel by the agencies and parties; and
       ``(iii) permitting the participation of parents, children, 
     other necessary parties, and attorneys in cases involving 
     interstate placement without requiring their interstate 
     travel; and''.

     SEC. 10. REASONABLE EFFORTS.

       (a) In General.--Section 471(a)(15)(C) of the Social 
     Security Act (42 U.S.C. 671(a)(15)(C)) is amended by 
     inserting ``(including, if appropriate, through an interstate 
     placement)'' after ``accordance with the permanency plan''.
       (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such 
     Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, 
     which considers in-State and out-of-State permanent placement 
     options for the child,'' before ``shall''.
       (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act 
     (42 U.S.C. 671(a)(15)(F)) is amended by inserting ``, 
     including identifying appropriate in-State and out-of-State 
     placements'' before ``may''.

     SEC. 11. CASE PLANS.

       Section 475(1)(E) of the Social Security Act (42 U.S.C. 
     675(1)(E)) is amended by inserting ``to facilitate orderly 
     and timely in-State and interstate placements'' before the 
     period.

     SEC. 12. CASE REVIEW SYSTEM.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C)) is amended--
       (1) by inserting ``, in the case of a child who will not be 
     returned to the parent, the hearing shall consider in-State 
     and out-of-State placement options,'' after ``living 
     arrangement''; and
       (2) by inserting ``the hearing shall determine'' before 
     ``whether the''.

     SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

       Section 422(b)(12) of the Social Security Act (42 U.S.C. 
     622(b)(12)) is amended--
       (1) by striking ``develop plans for the'' and inserting 
     ``make'';
       (2) by inserting ``(including through contracts for the 
     purchase of services)'' after ``resources''; and
       (3) by inserting ``, and shall eliminate legal barriers,'' 
     before ``to facilitate''.

     SEC. 14. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall take effect on 
     October 1, 2006, and shall apply to payments under parts B 
     and E of title IV of the Social Security Act for calendar 
     quarters beginning on or after such date, without regard to 
     whether regulations to implement the amendments are 
     promulgated by such date.
       (b) 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 under part B or E of title 
     IV of the Social Security Act to meet the additional 
     requirements imposed by the amendments made by a provision of 
     this Act, 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. 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.


[[Page 9439]]


  The SPEAKER pro tempore (Mr. Boozman). Pursuant to the rule, the 
gentleman from California (Mr. Herger) and the gentleman from 
California (Mr. Stark) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Herger).


                             General Leave

  Mr. HERGER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous materials on the subject of the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5403, the Safe and Timely Interstate 
Placement of Foster Children Act of 2006. I am pleased to be an 
original cosponsor of this bipartisan legislation sponsored by the 
distinguished gentleman from Texas (Mr. DeLay).
  Throughout his career, the gentleman from Texas has been an 
outstanding advocate for children and foster care. As chairman of the 
Human Resources Subcommittee, as a long-time colleague in this body, 
and as someone who shares his passion for helping children, I would 
like to personally commend him and thank him for his dedication to 
helping at-risk children across this country.
  Mr. Speaker, the subcommittee I chair has conducted numerous hearings 
examining the Nation's child protection system. Every witness at these 
hearings has agreed that our current system fails to adequately protect 
children.
  In December, Republicans in this Congress took the lead in providing 
$100 million in new funds over the next 5 years to better equip courts 
and ensure collaboration among judges and social workers. We also added 
an additional $200 million over the next 5 years for improved services 
for families, including preventive services to protect children and 
keep them from having to enter foster care in the first place.
  Importantly, we pay for this new funding by ensuring States comply 
with Federal law and do not misspend other Federal funds. I believe 
these new resources will go a long ways towards better protecting 
children.
  While these are important steps, we also must do more to ensure 
children are not needlessly lingering in foster care. The legislation 
before us today would require States to expedite the safe placement of 
foster and adopted children in homes across State lines.
  Currently these placements take an average of 1 year longer than 
placements within a single State, delaying permanency with loving 
families for thousands of children. This legislation also would 
establish deadlines for completing home studies that assess whether a 
home is appropriate for a child.
  The legislation authorizes up to $10 million per year for incentive 
payments to States that complete home studies in a timely manner. In 
addition, the bill includes provisions to better ensure safety for 
children in foster and adoptive homes, and to give foster parents and 
relative caregivers a right to be heard and notice of any court 
proceedings held concerning a child in their care.
  I thank my colleagues across the aisle for their assistance in 
bringing this bill to the floor today. I urge all of my colleagues to 
support this legislation so we can ensure children are placed in a 
timely and safe way with loving families.
  Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the Safe and Timely Interstate 
Placement of Foster Children Act of 2006, H.R. 5403, and ask my 
associates to vote for this legislation.
  As the gentleman from California (Mr. Herger) has so eloquently 
described, this will help foster children across the country. But I 
think an easier way to look at it is here in the District of Columbia 
area where we are a subway ride from three States. From Maryland to 
Virginia to D.C., we will find that a juvenile judge in one area may 
have a placement of a child with a relative or acceptable foster family 
in another area as they move from Maryland to Virginia.
  Now in California in the gentleman's district there, there may not be 
a lot of people wanting to go to Oregon or Nevada, it is a little 
longer trip. But in areas like the New Jersey-New York area, heavily 
populated areas are close by, and children could easily be placed in 
close proximity and have to cross State lines. This legislation will 
allow that to be done.
  It takes care of a lot of technical details in terms of speeding up 
the process so that approval can be done across State lines, and it 
calls on States to update their requirements for approving the transfer 
of children across State lines and into foster care.
  It probably will help older children, and by older I am saying 9 or 
older, who we have the most difficulty in placing in foster care. It is 
for that reason that this will help. Right now, a child 9 years or 
older has maybe a 20 percent chance or less of placement. We need to do 
better, and this bill will help.
  We have 100,000 children ready for adoption, and this Congress should 
indeed do all that it can to expedite those procedures.
  Mr. Speaker, I would like at this point first of all to commend the 
distinguished chairman of the Public Assistance Subcommittee of the 
Committee on Ways and Means, Mr. Herger, for his Safe and Stable 
Families bill which we hope will be coming to the floor soon. It 
provides another $40 million to train case workers to help in this 
area. Chairman Herger has done yeoman's work on that bipartisan bill, 
and I know we are getting help from the junior Senator from the State 
of California who has offered to help expedite it on the Senate side, 
and with some luck, we will be able to pass that bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Ohio (Ms. Pryce).
  Ms. PRYCE of Ohio. Mr. Speaker, replacing a void in a child's life or 
a parent's life and filling it with love and laughter is one of the 
most wonderful gifts in the world. As twice an adoptive mother, I know 
this joy firsthand. And also I believe it is our duty as legislators to 
work with adoption and foster care advocates to break down barriers, to 
bring more children and families together.
  Today we have the opportunity to knock down a barrier to improve the 
lives of these kids right here in America. Right now, children are 
waiting as long as a year for paperwork to go through the system before 
they can be placed with a family. Imagine, Mr. Speaker, paperwork 
standing in the way of a permanent, loving home for a 100,000 
lingering, at-risk kids. There is no excuse, and we can change it.
  This legislation will expedite the safe placement of children into 
homes even across State lines by instituting a 60-day deadline and 
giving financial incentives for States to process the paperwork 
quickly.
  I commend the gentleman from Texas (Mr. DeLay) for his leadership on 
this most-important issue. He has been a devout advocate for foster 
kids and foster families as long as I have known him.
  I also want to thank Chairman Herger and Mr. Stark for their 
assistance on this bill. Thousands of kids are waiting to walk into the 
arms of a loving family and through the door of a permanent home. This 
legislation will move us closer to the day when every child feels the 
joy, love and security that a family can provide. I urge my colleagues 
to support this measure.
  Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I cannot resist the opportunity to note that it is this 
issue of helping children that in my 34 years here has always brought 
us together as no other issue does. The gentlewoman from Ohio, with 
whom I have often disagreed on political issues, and I note the 
presence of the gentleman from Texas (Mr. DeLay) with whom I have

[[Page 9440]]

disagreed on almost every issue except in the area of helping children. 
Now I suspect it is because the Republicans need more Republicans, and 
they are trying to get more children into politics, but other than 
that, Mr. Speaker, it is in the spirit of helping young people mature 
in this country.
  I do not know if many of you know that the gentleman from Texas is 
responsible, and I say this having chaired the District Committee when 
there used to be one, but with the gentlewoman from the District of 
Columbia (Ms. Norton), he was instrumental in creating a family court 
in the District of Columbia, which most other States or jurisdictions 
have. Now he has done some other things with legislation in Texas with 
which I have a little trouble. But other than that, he has created a 
court here that helps children.
  I want to remark on one other thing in Mr. DeLay's career. I am aware 
that, in Texas, he has created a most unique and it sounds to me like 
an exciting community called the Rio Bend Community. For those who are 
unfamiliar with this, it creates a subdivision of let us say eight 
homes. I suspect they are ranch homes or standard homes, where eight 
families who have foster children and perhaps birth children can live 
in close proximity and share baby-sitting and teaching.
  When I talk about sharing teaching, I am also aware that in this area 
of Rio Bend, Texas, the distinguished gentleman from Texas (Mr. DeLay) 
is known as Old Hypotenuse, and Old Hypotenuse has been tutoring the 
children in this community in geometry. He may not know that I got a 
100 in geometry in high school, Mr. Speaker, and I might be able to 
come down and spell him for a while.
  But I just want to commend the gentleman from California (Mr. Herger) 
and the gentlewoman from Ohio (Ms. Pryce) and Mr. DeLay for the 
marvelous work they have done for children in this country. I hope we 
can continue in a bipartisan way to unify our efforts in the House to 
make every day for every child in this country more healthy with better 
education and a better opportunity to develop into citizens of which we 
can all be proud.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. 
Cardoza).
  Mr. CARDOZA. Mr. Speaker, I rise today in support of H.R. 5403 
sponsored by Mr. DeLay, and I would like to associate myself with Mr. 
Stark's remarks and that while we have not always agreed on every 
policy issue, there is no doubt that Mr. DeLay will be fondly 
remembered in this House for his tireless work on behalf of foster 
children and disadvantaged youth. I very much appreciate knowing him 
and the work we have done together. This is not our first effort to 
work together on a bill, and I appreciate Mr. DeLay and his work in 
this House.
  As Members on opposing sides of the political spectrum, we are coming 
together today to do fabulous work. As an adoptive parent myself of 
foster children, I have seen firsthand the glaring problems of the 
system currently facing this Nation. At any time, there are roughly 
500,000 children in foster care in the United States, moving from 
placement to placement, often living out of a suitcase or even worse, 
the symbol of foster children, which is a black garbage bag, hoping 
that one day a loving family will welcome them into their home.
  H.R. 5403, Safe and Timely Interstate Placement of Foster Children 
Act, addresses one specific yet extremely important aspect of the 
system of adoption across State lines. Often an impediment to foster 
children's placement to permanent homes occurs when a child from one 
State is adopted by a family from another. The State where the family 
resides must complete a home study in order to verify that the 
placement is safe, secure and ready for the new child. Often, these 
types of home studies are a low priority for the State where the 
adoptive family resides and can lead to delays, often taking months and 
sometimes years to complete.

                              {time}  1330

  This legislation that we are considering today would establish a 60-
day deadline for completing an interstate home study. If the State 
completes the home study within 30 days, H.R. 5403 would authorize a 
monetary incentive for the completed study to be used for the adoption-
related expenses.
  The children this bill seeks to help are already needy, neglected 
children without a voice who desperately want a permanent home, 
something that most all of us have always taken for granted. They want 
to go to school, the same school with the same friends for more than a 
few months. They want someone to tuck them in at night and help them 
with their homework. They want to stop living out of a black garbage 
bag that doubles as a suitcase and have a real home with a bed they can 
call their own.
  Over the years I have met numerous children from all over the country 
who are in various stages of foster care. I have heard great stories 
where children are reunited with their biological parents who are 
placed in loving, adoptive homes. But I have also heard of other 
stories that have just sickened me.
  One boy I met at a school for foster children in my district told me 
the story of his life that seems quite fitting to this debate.
  I met this young boy, and he had been placed in foster care at an 
early age and had been moved in and out of seven different foster homes 
up and down the State of California. As you can imagine, he grew jaded 
and resentful from the harsh life he was forced to live. He was also 
separated from brothers and sisters whom he loved very much. Finally, 
he was placed in a family that saw through his rough exterior and 
wanted to adopt him. This young boy was convinced that he had finally 
found a real home with devoted parents that he had always dreamed of.
  However, soon after he was placed with his family, the father in this 
foster family was transferred to North Carolina and the family was 
forced to move. Unfortunately, they couldn't get the paperwork 
processed between California and North Carolina in order to facilitate 
the adoption. So this young boy was left behind in California and is 
now residing in a group home.
  It is our job as Members of Congress to be a voice for these children 
and make sure their dreams are recognized. We owe it to them to 
streamline the adoption process and make Federal law work towards 
positive outcomes. If that means requiring a State to get their act in 
gear and complete timely home studies, then so be it.
  Thank you, Mr. DeLay, for the legislation. Thank you, Mr. Herger, for 
your work on this topic.
  Mr. HERGER. Mr. Speaker, I hear these touching stories, and 
regrettably they are true, and the gentleman from California (Mr. 
Cardoza) and some other stories we have heard, some 12 hearings of the 
tragedies that we see take place with these foster care children, not 
only being transferred seven times, as the gentleman from California 
mentioned, but maybe 50 or 60 in some cases.
  Now it is my great pleasure to yield such time as he may consume to 
the author of this legislation, someone who we have been hearing a lot 
about, who has spent years, both he and his wife, working in this area, 
to the gentleman from Texas (Mr. DeLay).
  Mr. DeLAY. Mr. Speaker, this is the last piece of legislation that I 
will ever introduce in the United States House of Representatives. I am 
incredibly honored to do this piece of legislation, particularly at 
this time. It shows that there is a strong feeling in this House, as 
exemplified by Mr. Stark; and thank you, sir, for your words and thank 
you for your work on this.
  Mr. Herger, Mr. Chairman, I greatly appreciate your work on not just 
this piece of legislation, but for foster kids and abused and neglected 
children around the United States.
  Mr. Cardoza, thank you for those words; and your words show your deep 
feelings and understanding for the plight of foster children in this 
country and how we are trying to make their life just a little bit 
better. I appreciate Mr. McDermott's support for this legislation, too, 
and everybody's work on it.

[[Page 9441]]

  I particularly appreciate Dr. Cassie Bevan, who has been on my staff 
for a long time, who has been the leading force in a lot of the work 
that we have been able to do, the good work that we have been able to 
do in this House of Representatives.
  I pay particular tribute to my wife, who has a deep, deep abiding 
love for these children and what their future holds.
  This bill, the Safe and Timely Interstate Placement of Foster 
Children Act, will bring urgently needed reform to America's broken 
system, a broken system of placing abused and neglected children in 
permanent homes across State lines.
  The current system is an insult to any notion of compassion or 
justice that animates our national commitment to child welfare. 
Children are moved from home to home to home. They are looking for 
strong and safe and permanent homes.
  We have one child in Rio Bend, that was mentioned by Mr. Stark, that 
is 17 years old, got into the system at age 6 or 7, in 10 years has 
been moved over 150 times, 150 times. Thousands of children are being 
shuttled in and out of our broken, debasing foster care system. They 
have foster or adoptive families out of State that are more than 
willing to provide them a permanent, safe and loving home.
  Yet this system, as inefficient and backward as any government 
program, typically holds abused and neglected children in the perdition 
of government foster care for a full year longer than a child placed 
in-State, an extra year.
  Do you realize what a year means to a child? It is forever. Just 
because a second government bureaucracy that operates without deadlines 
or incentives has its chance to let a child down. This is a year lost, 
Mr. Speaker, a year in the life of an innocent child, a year lost to 
abuse and neglect and violence and uncertainty and fear.
  There is no justification or excuse for such monstrous inequality. 
The child welfare system exists for these children and must be 
organized around their needs, not the other way around.
  So under this bill, once a child is deemed in need of an out-of-state 
placement, the State has 60 days to find a child a foster or adoptive 
home and 14 days to approve that home. It also creates a financial 
incentive of $1,500 for States that complete their home studies in 30 
days or less.
  Our society has a moral obligation to provide for children who are 
abused and neglected by their parents or others; and, despite the best 
intentions, our society is too often failing to do so. This bill will 
not instantly make life good for abused and neglected children in our 
society, but it can help make it better.
  That, Mr. Speaker, is worth the vote of every Member of this body. So 
I urge my colleagues to support this legislation and just take one 
small step toward alleviating the burden of our abused and neglected 
sons and daughters.
  Mr. STARK. Mr. Speaker, I reserve the balance of my time.
  Mr. HERGER. I yield 3 minutes to our distinguished majority whip, the 
gentleman from Missouri (Mr. Blunt).
  Mr. BLUNT. Mr. Speaker, I thank the gentleman for recognizing me. I 
am pleased to stand in support of this legislation and also legislation 
that in such a significant way recognizes the great work that Mr. DeLay 
has done on behalf of foster children and on behalf of adoption.
  Everyone in this body understands the long-term commitment that the 
gentleman from Texas has had on this issue. I expect that few outside 
of this body appreciate the great work that he has done, the tremendous 
commitment that Mrs. DeLay has made to foster children and to adoptive 
children in this case.
  Here is a bill that once again looks at how much a year means in the 
life of a child that is going into a foster home, can't get placed in a 
foster home, can't get ready to be adopted. A year in life, if you are 
3 or 5 or 15, is a long, long part of the life that you have lived.
  The average now for children who are going into foster adoptive 
families across State lines is an extra year. This legislation tries to 
eliminate that year. This legislation tries to make it more possible 
for children to be placed with families as soon as possible, rather 
than longer than absolutely necessary.
  This legislation is on the floor today, as many before it have been, 
because of Mr. DeLay's commitment and his family's commitment to the 
lives of children. The lives of children are dramatically changed when 
someone gets an opportunity to care about them.
  Fortunately for the laws of the country, Tom DeLay has always cared 
about children. For the individual children that will be impacted by 
this bill, their opportunity comes quicker. The love and attention 
comes quicker.
  I appreciate the comments that Mr. Stark has made. I appreciate the 
work that Mr. DeLay has done. I am sure our colleagues today will be 
eager to see us advance this important change in the law.
  Mr. STARK. Mr. Speaker, will the distinguished majority whip yield?
  Mr. BLUNT. I yield to the gentleman from California.
  Mr. STARK. Mr. Speaker, I do not think it should go unnoticed that 
the distinguished majority whip has become a recent adoptive father of, 
I believe, now a 7-month-old boy.
  Mr. BLUNT. An 18-month-old.
  Mr. STARK. We seriously hope that he will grow up to be a Democrat.
  But, aside from that, I want to extend best wishes. He is a man who 
practices what he preaches and is doing his share to extend this 
concern for adoptive children in this country.
  Mr. BLUNT. I thank my friend. Little Charlie Blunt will appreciate 
your comments as well. Thank you.
  Mr. HERGER. Mr. Speaker, I yield 2 minutes to a member of the 
Subcommittee on Human Resources, the distinguished gentlewoman from 
Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Speaker, I thank the chairman for sponsoring the 
legislation, along with our colleagues on the committee, but especially 
Mr. DeLay and Mr. Stark for being the prime sponsors of legislation.
  A lot of us have a lot of life experience that we bring to Congress. 
I know sometimes the general public doesn't believe that we do. Many of 
us are lawyers, and sometimes that is looked upon disparagingly by the 
general public.
  But in my practice I dealt with the foster system, and I wasn't very 
pleased. Unfortunately, it didn't often work out as well as it should 
have for the children.
  When I was a State senator, we had a debate about our foster system 
and our adoption laws and how we were treating children as chattel, the 
legal term for a possession. This bill helps move us away from that 
attitude. It helps us move toward treating children as the human beings 
that they are and the valued human beings who need love and nurturing 
that they are.
  I rise in support of this bill, the Safe and Timely Interstate 
Placement of Foster Children Act. It will expedite the safe placement 
of foster adoptive children in foster homes across State lines. 
Currently, these types of placements take an additional year on top of 
all the years that the poor child has already spent in foster care.
  The results of delaying safe placement have terrible implications for 
children. These delays are unreasonably long. They should not exist, 
and psychologists have stressed the importance of placing children in 
safe and loving environments in a timely manner.
  The sooner a child is part of a safe and secure family, the sooner 
that child will thrive. Whether it be with a family member or another 
loving family, the best interests of that child dictate permanency.
  Among other things, this bill will require courts to notify any 
foster parents, pre-adoptive parents, relatives, caregivers of the 
child of any court proceeding to be held concerning the child and 
strengthen the right of these individuals to be at permanency hearings 
and perhaps to be the permanent home for that child.
  All of these important changes to current law ensure that some of the 
most vulnerable children, not only those who have been neglected or

[[Page 9442]]

abused but who are also on top of it, have been in foster care with a 
lack of security, that they get that security, that they get that 
security sooner, and that a safe and secure, loving home will be 
theirs.

                              {time}  1345

  Mr. STARK. Mr. Speaker, I yield such time as he may consume to the 
distinguished ranking member of our subcommittee, the gentleman from 
Washington (Mr. McDermott).
  Mr. McDERMOTT. Mr. Speaker, we can improve the lives of abused and 
neglected children in this Nation. One of the powers that we have, the 
Federal Child Welfare Program, is a lifeline we don't use enough, in my 
view.
  We know as legislators that the system needs reform. We saw it around 
Katrina very much as youngsters were spread across the country and fell 
between the cracks in a whole variety of situations.
  We know as parents that the vulnerable want and need only what our 
own children want and need, to be loved, cherished and protected. Today 
we have an opportunity to extend our hand as caring adults and take 
hold of vulnerable children, and we should take it.
  H.R. 5403, proposed by Mr. DeLay of Texas, takes a step in the right 
direction. It has been here before, I have supported it before, and I 
am proud to do that again today.
  As the ranking member of the Human Resources Subcommittee, I believe 
children come first, and there is no such thing as a political divide 
if we can better protect and nurture vulnerable children in America.
  I stand here to support my Republican colleague, Mr. DeLay, and urge 
the House to unanimously pass this legislation.
  Specifically, this bill strives to safely speed the placement of 
children in foster care or adoptive homes across State lines when this 
is considered an appropriate thing to do. This is very important, 
because today there are a number of barriers that prevent the timely 
placement of children in homes across State lines.
  We are a very mobile population, and laws that used to seem to make 
sense really do not today, and that is why we need this bill. They 
include an overly long time to conduct home studies to ensure the 
safety of children, obtaining criminal background checks on prospective 
foster care and adoptive parents, inadequate State resources and often 
a low priority assigned to interstate placement of foster and adoptive 
children. It is the latter that is really the problem.
  This bill creates meaningful incentives for States to address these 
barriers, and I urge my colleagues to support this initiative. It is 
meaningful legislation. This is not symbolic. It has some real power to 
change things. But it is more than that. By passing this bill, we 
recognize the heroic efforts of countless Americans across this 
country, foster parents and the caseworkers who deal with them and the 
many others who strive to help kids who are in need.
  By passing this legislation, we also rightly honor the leadership in 
fighting for vulnerable children by Mr. Tom DeLay. He has made a 
difference, and it is no surprise that he keeps fighting to protect and 
defend children. All too often, we are the light of hope for abused and 
neglected children. Today, let us curse the darkness by passing this 
bill.
  Mr. HERGER. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Texas (Mr. Brady), a member of the Ways and Means 
Committee.
  Mr. BRADY of Texas. Mr. Speaker, this act ought to probably be 
entitled the Get Foster Children Out of the System Into a Safe Home As 
Soon As Possible Act, as it has real consequences for our foster 
children.
  There have been so often foster children, even in the best system, 
that are lost in that system. These delays can be as, Tom DeLay has 
told you, just so harmful for them. Moving them forward is the right 
thing to do, and it is a possible thing to do.
  Each week on TV, we watch on ``Home Makeover'' a set of people come 
together and build a complete home for a family in one week. Why can't 
we find a good, safe loving home for children in 2 months? It is 
important we do this.
  Our family has been through two home studies in our adoption, and I 
know what a difference how soon and how accurate and how important 
these home studies can be done. We ought not let a State line get in 
the way of helping these children.
  I can tell you that Tom DeLay has been such an advocate and champion 
for children. When you see the work of Rio Bend, what he and his wife 
are doing, it is just remarkable. I strongly support this bill.
  Mr. STARK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have no more speakers. I would just like to reiterate 
my thanks to all the people. I would like to mention Sean McCluskie, 
who has been my staff member on the Subcommittee for Human Resources 
for over 7 years and, unfortunately, is leaving us for greener 
pastures.
  I want to thank all of the staff on both sides of the aisle who 
worked so hard on these bills that come before our subcommittee which 
get little attention outside of the professionals in the social work 
field.
  Again, I thank our Chair and thank Mr. DeLay and the people who have 
worked so well together to make this important step to improve the 
lives of foster and perhaps adoptive children.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HERGER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, the legislation we are considering today is an important 
step that will ensure timely and safe homes for children. This bill 
would help speed up the interstate adoption process so that children 
could be placed in permanent, loving homes more quickly.
  I thank my colleagues across the aisle, the gentleman from California 
(Mr. Stark) and others, for their work on this bipartisan legislation, 
and I again wish to thank the distinguished gentleman from Texas, Mr. 
DeLay, for his tireless work to improve the lives of abused and 
neglected children.
  I urge all of my colleagues to join me in support of this 
legislation.
  Mr. THOMAS. Mr. Speaker, I rise in support of H.R. 5403, the Safe and 
Timely Interstate Placement of Foster Children Act of 2006. I am 
pleased to be a cosponsor of this bipartisan legislation, which is 
sponsored by Mr. DeLay.
  There are approximately 518,000 children currently in foster care. 
The legislation before us today is an important first step in our 
efforts to improve the structure that exists to find a family for these 
children in order to prevent them from needlessly lingering in foster 
care.
  Specifically, H.R. 5403 would encourage states to expedite the safe 
placement of foster and adoptive children into homes across state 
lines. The data suggest that it takes 2 years on average for foster or 
adoptive children to be placed in homes across state lines. That is 
longer than the average time frame for placing children in homes within 
the same states. Under this legislation, states would be required to 
establish procedures to ensure interstate placements occur within 60 
days.
  The legislation also would authorize incentive payments to states 
that place children in safe homes within 30 days. Since we first began 
providing incentive payments to promote adoption in 1997, the number of 
adoptions of children from foster care has almost doubled. We expect 
this new incentive program will help expedite the safe placement of 
children lingering in foster care, especially when relatives or others 
have expressed an interest in providing a loving home.
  Almost 20,000 children age out of foster care every year at age 18 
without the benefit of a family to call their own. This legislation 
will improve that situation and ensure that more children are raised in 
loving families instead of waiting needlessly in temporary homes. 
Accordingly, I ask my colleagues to support this important legislation.
  Mr. CAMP of Michigan. Mr. Speaker, I wish to express my strong 
support for legislation the House is considering today, H.R. 5403, the 
Safe and Timely Interstate Placement of Foster Children Act, introduced 
by Rep. Tom DeLay (R-TX).
  First, I would like to commend Mr. DeLay for his work on behalf of 
foster children, and in the development of this bill. As the sponsor of 
the Adoption and Safe Families Act, I have

[[Page 9443]]

had the privilege of working with Mr. DeLay to improve the lives of 
children in foster care, and promote the adoption of children into safe 
and loving families.
  As a cosponsor of H.R. 5403, the bill before us today further 
expedites the safe placement of foster care children. Under current 
rules, children wait a year or more for states to approve placements 
across state lines. Children deserve better treatment, and I am glad 
that H.R. 5403 places a 60 day deadline on the approval of placements 
across state lines. Importantly, the bill also seeks to keep families 
together by providing incentive payments for the placement of children 
with extended family members.
  Again, I want to applaud Mr. DeLay for his tireless advocacy on 
behalf of foster children, and for his work on H.R. 5403. I am 
confident this legislation will improve the lives foster children 
everywhere.
  Mr. HERGER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gutknecht). The question is on the 
motion offered by the gentleman from California (Mr. Herger) that the 
House suspend the rules and pass the bill, H.R. 5403.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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