Printer Friendly Page Congressional Legislation Impacting Child Welfare
The National Association of Public Child Welfare Administrators, created as an affiliate of APHSA in 1983, works to enhance and improve public policy and administration of services for children, youth, and families. As the only organization devoted to representing administrators of state and local public child welfare agencies, NAPCWA brings an informed view of the problems today’s families are facing to the forefront of child welfare policy. Find out more about NAPCWA’s involvement with congressional activity and national child welfare legislation.
Topics:
- Child Welfare Finance Reform
- Child Welfare Workforce Improvement
- Child Abuse and Neglect Prevention
- Older Youth In & Aging Out of Foster Care
- Health Care & Child Welfare
- TANF Reauthorization
- Juvenile Justice
- Recruitment & Retention
- Child Welfare and Education
- Other Relevant Child Welfare Issues
NAPCWA's Policy Statement:
Children have a right to be protected from harm within the context of a safe and stable family. At the same time, families have the right and a responsibility to raise their children. Balancing these rights for safety and permanency in diverse populations is one of the principal challenges facing public child welfare agencies.
To meet the challenge, public child welfare agencies have a responsibility to provide the range of preventative and/or supportive child welfare services that best first the needs of children and families within the context of respective communities. In doing so, the preference for serving children in their own home is an abiding objective.
By virtue of their right to protection, a children’s eligibility for child welfare eservices should not be abridged for any person. Nor should access to and utilization of services be influenced unduly by the ways in which services are financed. Federal, state, and local financing should promote flexible, context sensitive investments in a mix of services within an overarching framework of accountability.
House Passes Title IV-E Waiver Bill
On Sept. 23, the House passed a bill on Title IV-E waivers (H.R. 6156) under suspension of the rules. This bill was introduced by Chairman Jim McDermott (D-WA) of the House Ways and Means Subcommittee on Income Security and Family Support. The committee held a hearing reviewing the outcomes of Title IV-E waiver demonstrations. States have been seeing significant decreases in their out-of-home care placements.
NAPCWA supports legislation that creates new Title IV-E waiver demonstrations. Furthermore, it is one step towards creating greater flexibility to support state innovations and the reinvest of cost savings, shifting those dollars to fund programs that are proven to work. States' rigorous use of these innovations has resulted in significant foster care reductions, which we find have been safely moving these children from out-of-home care to reunification or permanency. Although NAPCWA supports Title IV-E wavier demonstration projects, it is not the solution. APHSA and NAPCWA urge Congress to move forward with comprehensive child welfare financing. To view NAPCWA's latest proposal on child welfare financing, please visit here.
House Introduces Legislation to De-link AFDC Requirements on Title IV-E Foster Care Maintenance Payments
Recently, Representative Lewis (D-GA) and other democrats introduced the "Look-back Elimination Act of 2009" (H.R. 3329), which would eliminate the Aid to Families with Dependent Children (AFDC) income eligibility requirements for children eligible to receive Title IV-E foster care maintenance payments. The bill language recognizes the de-link on AFDC look-back standards tied to federal adoption assistance in the Fostering Connections to Success and Increasing Adoptions Act of 2008.
Accordingly, the bill would eliminate these requirements and "replace them with income eligibility standards that are based on modern and balanced criteria that treat all children equally." H.R. 3329 requires the HHS Secretary to collaborate with Members of Congress and child welfare advocates to help develop new standards.
Senate Introduces Child Welfare Workforce Improvement Act
On December 4, Sen. Blanche Lincoln (D-AK) introduced the Child Welfare Workforce Improvement Act of 2009 (S. 2837). Former Senator Hilary Rodham Clinton previously introduced a comparable bill in the 110th Congress. The bill works to improve public child welfare’s workforce.
S. 2837 amends Title IV-E and authorizes the National Academy of Sciences to conduct a National Child Welfare Staff Study and report its findings to the HHS Secretary. The study would examine various demographics and characteristics of child welfare staff, such as salaries, training and turnover. It would also remove training barriers by authorizing states to receive federal reimbursement for training regardless if workers provide services to Title IV-E foster care, adoption and guardianship assistance children. States may also use private resources as their match.
The bill establishes workforce demonstration grants and states may implement these grants in two phases. Phase one grants are awarded in a one-year timeframe and must be used for planning and assessment purposes. Grant recipients must conduct a statewide assessment of their workforce. However, if they have conducted a similar assessment, states may by-pass this requirement and begin implementing the second phase. Phase two would require grant recipients to implement a workforce improvement plan in accordance with the statewide assessment findings. The grant may financially support activities related to training, data and technological resources, and recruitment and retention strategies.
The workforce legislation authorizes $1.5 million for Phase one grants for FY2010 and $5 million for phase two grants beginning FY 2011 through FY2014. The HHS Secretary may set aside 5 percent of this amount for technical assistance and evaluation purposes.
Prior to the bill’s release, Sen. Lincoln circulated a draft version to national state associations and advocacy organizations. NAPCWA produced several comparison charts and summaries of the draft bill. An updated comparison chart and summary of S. 2837 will be released soon.
- Child Welfare Workforce Improvement Act (S.2837 - 111th Congress)
- Workforce Improvement Act Side-by-side (111th Congress & 110th Congress)
- Summary of Child Welfare Workforce Improvement Act (111th Congress)
- NAPCWA support letter for the Child Welfare Workforce Improvement Act (111th Congress)
Senate Introduces the Child Abuse Prevention and Treatment Act Reauthorization Bill
On Sept. 22, Sen. Chris Dodd (D-Conn.), along with Chairman Tom Harkin (D-Iowa) and Ranking Member Mike Enzi (R-Wyo.) of the Health, Education, Labor and Pensions Committee introduced the Child Abuse Prevention and Treatment Act of 2010 reauthorization bill (S. 3817). Established in 1974, CAPTA was passed into law to assist states in improving their child protection policies and practices. These developments have included establishing a federal definition of child abuse and neglect and providing federal resources to support state innovations, research, training, data collection and program evaluation. CAPTA Title I State Grants includes several assurances that states must comply with to receive this federal funding. Funding is allocated to states based on a formula.
Community-Based Grants, added to CAPTA in 1996, provides funding to states to support their efforts in developing, operating and expanding networks of community-based, prevention-focused and family-centered programs existing in public and private entities.
The newly introduced legislation reauthorizes and amends CAPTA. Some of its provisions include increases to Title I funding levels by $12 million and Title II by $8 million. S. 3817 also makes a number of changes to Title I State Grants assurances, which include developing and implementing procedures for collaboration among child protection services, domestic violence services and other agencies in investigations, interventions, treatment and service delivery, including the use of differential response. Differential response activities are highly encouraged in this legislation.
S. 3817 also establishes a national domestic violence grant that shall be awarded to a non-profit organization to launch and operate a 24-hour national, toll-free hotline for adults and young victims of family, date or domestic violence so they can receive information and assistance.
- Senate Introduces CAPTA Reauthorization Bill
- CAPTA Reauthorization Draft Bill (111th Congress)
- NAPCWA suggestion letter to Senate HELP Committee on CAPTA draft language (June 5, 2009)
- CAPTA summary on Senate draft language
- Memo to Senate HELP Committee on cost of CAPTA assurances (August 17, 2009)
- CAPTA Congressional Research Service Report (111th Congress)
- Stop Child Abuse in Residential Treatment Programs for Teens Act H.R. 911 (111th Congress)
- Summary of Stop Child Abuse in Residential Treatment Programs for Teens Act H.R. 911 (111th Congress)
- The Residential Treatment Program Safety Act of 2009 (Draft Legislation)
- Child Abuse Prevention and Treatment Act Senate Reauthorization Bill (S. 3817)
House and Senate Introduce the Safe Babies Act (111th Congress)
On July 31, 2009, Sen. Tom Harkin (D-IA) and Rep. Rosa DeLauro (D-NY) introduced the “Safe Babies Act of 2009” (S. 1554 & H.R. 3474), which are identical bills intended to improve the health and well-being of abused and neglected infants and toddlers. The legislation amends the Juvenile Justice Delinquency Prevention Act and works to prevent delinquency from occurring later on in their lives.
- Safe Babies Act of 2009 (S. 1554 & H.R. 3474)
- Summary of Safe Babies Act (111th Congress)
NAPCWA Lunches Issue Briefs on State Practices to Serve Older Youth
In 2007, the National Association of Public Child Welfare Administrators surveyed states on their innovations to better serve foster youth in transition. NAPCWA joined the Jim Casey Youth Opportunities Initiative to unveil the findings of this survey and compose six issue briefs in the following areas: education, economic security, housing, permanency, youth engagement, and health.
- Youth Housing Issue Brief 2010
- Economic Security and Youth in Transition 2010
- Education Needs of Foster Youth Brief 2010
- Family Connections and Permanency Brief 2010
- Addressing the Health Care Needs of Transitioning Youth Brief 2010
- The Power of Youth Engagement Brief 2010
House Child Welfare Bill Would Support Older Youth
On Sept. 23, Rep. Pete Stark (D-Calif.) introduced the Foster Children Self-Support Act, H.R. 6192. This bill is designed to ensure that foster children's Social Security and Supplemental Security Income benefits are used to address their specific needs and are not used as a revenue source. State or local government agencies serving as a representative payee of such youths are prohibited from using more than 50 percent of the young person's SSI or Social Security benefits for foster care maintenance payments. H.R. 6192 adds new state plan requirements under Title IV-E that would mandate the screening of foster youth for potential eligibility for SSI and Social Security benefits within 60 days of being in care. This would also be included as a procedure for the six-month case review. Moreover, if the foster child is determined eligible, the state must assist the child in applying for, and if necessary appealing, any decisions made with respect to the child's benefits.
The bill's new state plan requirements would also include developing a child-specific plan on how the remaining funds will be used for current and future needs, such as educational or employment purposes. Set-aside funds would be conserved and inaccessible to the child and placed into an account until the child turns 18 years old or is no longer in the custody of the state. These funds could be used for purchasing a vehicle, operating a business, paying for medical expenses, and similar purposes. The bill authorizes the Department of Health and Human Services to provide states with technical assistance on carrying out these provisions. The bill also appropriates $4.5 million for the first year for states to meet these requirements and such sums a necessary thereafter.
- Foster Children Self-Support Act (H.R. 6192)
- Foster Children Self-Support Act draft language (111th Congress)
- Foster Children Self-Support Act H.R. 1104 (110th Congress)
- Summary of Foster Children Self-Support Act H.R. 1104 (110th Congress)
House Introduces Bill on Foster Youth Identity Theft
On Sept. 23, Rep. Jim Langevin (D-R.I.) and Pete Stark (D-Calif.) of the House Ways and Means Subcommittee on Income Security and Family Support introduced a bill that would provide additional resources to older youth aging out of the foster care system.
The Foster Youth Financial Security Act (H.R. 6193) amends the John H. Chafee Foster Care Independence Program, requiring states to create additional steps to assist transitioning foster youth. Foster children being victims of identity theft is a looming issue and this greatly affects their ability to have access to financial supports when they age out of care, such as having a credit card, opening a bank account, purchasing a car and obtaining adequate housing. While in care, their personal information often gets transferred from person to person, leaving youth vulnerable for someone to have access to their identifying information. H.R. 6193 would add new requirements to the state plan, which include the following:
- Have all foster youth's credit reports reviewed and cleared prior to them leaving care.
- Within six months after the child's initial case review and annually, thereafter, the state must obtain the child's credit report from each consumer reporting agency and share that information with the child, his/her attorney and guardian ad litem. In addition, the state must assist the child in resolving any inaccuracies in the report.
- If the child has attained 14 years of age, the state must assist the youth in preparing for and obtaining a learner's permit and divers' license. In addition, the state must assist the child in obtaining auto insurance.
- For children 14 years of age, states must also assist the child in applying for financial aid and completing their post secondary or vocational training program. States must help the child determine if they are eligible or potentially eligible for federal or state benefits, provide them with information of these benefits and their eligibility and assist them with applying and appealing for any denials.
- Establish and manage an individual development account for these youth, which serves as a safety net for them to pay for housing, post-secondary and vocational needs.
The bill provides $45 million for states to carry out these new state plan requirements. It also provides an additional $5 million for the HHS secretary to issue grant funding to a national coalition or consortium of private, non-profit organizations focusing on the needs of transitioning foster youth, and in consultation with individual organizations experienced in addressing their service delivery, legal and financial needs. Grant funding would be used to develop materials and provide technical assistance and support to public child welfare agencies on implementing these provisions.
Senator Landrieu Introduces Mentoring Bill
On May 6, Senator Mary Landrieu (D-LA) introduced the "Foster Care Mentoring Act" (S. 986). The legislation establishes grants to support public and private entities to provide mentoring for foster youth. The program offers training on effectively mentoring foster youth and a loan forgiveness program for mentors.
- Foster Care Mentoring Act S. 986 (111th Congress)
- Summary on Foster Care Mentoring Act S. 986 (111th Congress)
Other Documents on Youth Aging Out
- Youth Aging Out Statement for the Record (110th Congress)
- Reconnecting Youth to Prevent Homelessness Act of 2008 (S.2560)
Child Welfare Provisions Included in New Health Reform Law
On March 23, President Obama signed the comprehensive health reform bill into law. There are many implications to child welfare programs within the new law. Click here to learn more about it.
Senator Stabenow Introduces Medicaid Bill to Codify Targeted Case Management Services for Foster Youth
On June 9, Senator Debbie Stabenow (D-MI), a member of the Senate Finance Committee, introduced the “Medicaid Services Restoration Act of 2009” (S. 1217). The bill includes a definition of “targeted case management” and would allow states’ medical assistance to cover non-medical programs administered by qualified providers. Children under 21 who have a mental illness, emotional behavioral disorder, medically fragile condition or other developmental disabilities that need a higher level of care, particularly those needing therapeutic foster care, could receive medical assistance coverage for these services. The targeted case management issue continues to be a looming issue among states, Congress and the Administration. NAPCWA submitted several letters to restore the use of claiming medical assistance for targeted case management services.
- Letter to ACF on Targeted Case Management (2/4/08)
- Medicaid Services Restoration Act S.
- NAPCWA Support Letter on Medicaid Service Restoration(10/22/09)
NAPCWA is working closely with the National Association of State TANF Administrators on the reauthorization of the Temporary Aid for Needy Families Act. We look to Congress to reauthorize and make amendments to TANF that encourages more collaboration between public child welfare and TANF programs.
- NAPCWA, NASTA, and NASCCD Statement for the Record the Subcommittee on Income Security & Family Support, Ways and Means Committee U.S. House of Representatives Hearing on TANF Reauthorization and the safety-net.
- APHSA Recommendations for TANF Reauthorization
- State Child Well-Being Research Act of 2009 H.R. 2558 & S. 1151 (111th Congress)
- Summary of State Child Well-Being Research Act of 2009 H.R. 2558 & S. 1151 (111th Congress)
There is a strong link between juvenile justice and child welfare. Research indicates that youth who experience maltreatment are at high risk of becoming adjudicated for delinquent offenses. NAPWA members are heavily engaged in improving the policies and practices for youth who come in contact with both juvenile justice and child welfare systems. These children are known as crossover youth. Learn more about what NAPCWA is doing to improve the outcomes of crossover youth.
- Juvenile Justice Dependency and Delinquency Act Reauthorization Senate Bill (111th Congress)
- NAPCWA letter to Senate Judiciary Committee (June 19, 2009)
- JJDPA Statement for the Record (110th Congress)
- NAPCWA letter on Youth Promise Act
- NAPCWA Statement for the Record on Youth Promise Act
Senator Lincoln Introduces Foster Family Recruitment Bill
On Feb. 11, Senator Blanche Lincoln (D-AR), a member of the Senate Finance Committee, introduced the Resource Family Recruitment and Retention Act of 2009 (S.410). The legislation’s overarching goal is to improve states’ recruitment and retention practice strategies. There is no House equivalent to the Senate version.
- Resource Family Recruitment & Retention Act S. 410 (111th Congress)
- Summary of the Resource Family Recruitment & Retention Act S. 410 (111th Congress)
- NAPCWA suggestion letter to Congress on S. 410.
NAPCWA writes letter to HELP Committee on Elementary and Secondary Education Act (ESEA) Reauthorization
Senate Introduces Child Welfare Bills on Education
In November, Senators Al Franken (D-MN) and Patty Murray (D-WA) introduced the "Educational Success for Children and Youth Without Homes Act of 2009" (S. 2800) and "The Fostering Success in Education Act." The bills would help provide additional support to homeless and foster children to help them succeed in school.
Senator Bachmann Introduces School Choice Act
On April 23, Senator Michele Bachmann (R-MN) introduced the “School Choice for Foster Kids Act of 2009” (H.R. 2072). This bipartisan legislation would amend the John H. Chafee Independent Living Program to permit states to use their educational training vouchers for private school and transportation costs for public school. The bill was referred to the Ways and Means Committee. There is no Senate equivalent version to this legislation.
- School Choice for Foster Kids Act H.R. 2072 (111th Congress)
- Summary of School Choice for Foster Kids Act H.R. 2072 (111 Congress)
- NAPCWA opposition letter to H.R. 2072
House Ways and Means Committee Releases Revised Green Book
Recently, the House Ways and Means Committee released the revised version of the Green Book. The child welfare section includes policies related to the Fostering Connections to Success and Increasing Adoption Act, which was passed in October 2008.
It also provides updated information about Title IV-B and IV-E programs as well as other federal funding streams. The child welfare section of the Green Book is located at here.