[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 9506-9508]
[From the U.S. 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

[[Page 9507]]

     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.
       (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

[[Page 9508]]

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.
  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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