[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 9500-9504]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1700
  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

[[Page 9501]]

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     parent in the same State, because of the outdated, 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 
     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

[[Page 9502]]

     $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 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.

[[Page 9503]]


  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.

                              {time}  1715

  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 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

[[Page 9504]]

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.

                          ____________________