On Friday, December 14, Congressmen Earl Pomeroy (D-ND) introduced the Tribal Foster Care and Adoption Access Act of 2007 (H.R. 4688), which will provide Indian tribes with the same direct access to federal funding for foster care and adoption services that states currently receive. The legislation—a companion bill to the act of the same name introduced in the Senate by Senator Baucus—will provide federal funding that will allow tribes to establish independent foster care and adoption programs.
“Tribal adoption and foster care services should be on equal footing with states, and this bill will do just that,” Congressman Pomeroy said. “This bill will allow tribes to provide their children with the culturally appropriate care they deserve.”
The federal government currently reimburses states for eligible foster care and adoption assistance costs incurred as part of providing foster care or adoption assistance to children under their jurisdiction. However, under existing law, tribal spending on foster care and adoption may only be reimbursed through contracts with the states in which they are located. The Tribal Foster Care and Adoption Access Act will allow tribes to receive direct reimbursement for eligible costs related to foster care services, adoption assistance services, employee training and education, administrative costs related to case planning and case management, and establishment and operation of required data collection systems.
This legislation requires tribal adoption and foster care programs to meet the same federal performance requirements as states to ensure the safety of and accountability for children placed in tribal foster care programs.
Congressmen Weller (R-IL), Blumenauer (D-OR) and Camp (R-MI) joined Congressman Pomeroy as original co-sponsors of this bill.
Monday, December 17, 2007
Monday, December 10, 2007
Proposed Legislation Would Eliminate Funding Lookback
In November, Representative Shelly Berkley (D-NV) introduced the important Partnership for Children and Families Act (H.R. 4207), which would expand the federal/state partnership for foster and adopted youth through the federal Title IV-E program.
Eliminating Income Links for Title IV-E
Under current law, a foster child is eligible for federal Title IV-E support only if his family meets the income test of the 1996 Aid to Families with Dependent Children (AFDC) program. Eligibility for Title IV-E adoption assistance is also linked to AFDC eligibility or eligibility for the Supplemental Security Income (SSI) program. For both adoption assistance and foster care maintenance, the Partnership for Children and Families Act would eliminate the AFDC income eligibility restriction. It would also eliminate the SSI eligibility requirement for adoption assistance.
Now more than 10 years old, the AFDC standard has never been adjusted for inflation. Because of this lookback, thousands of abused and neglected children no longer receive support from the federal government—between 1998 and 2004 an estimated 35,000 fewer foster children were eligible for federal IV-E support. (Download detailed report on the lookback.)
During that same period, the decrease in IV-E-eligible children translated into an estimated $1.9 billion loss in federal support to the states. States must support all children in foster care, regardless of income. Thus, states have less funding for other services—such as family support and preservation services, programs to safely reunite children with their families, or efforts to find new adoptive or guardianship families.
Linking federal foster care support to AFDC also requires staff to spend time determining families’ incomes as of 1996. Precious time and money are wasted determining eligibility—resources that would be far better spent protecting children and ensuring that they leave foster care to permanent families.
Supporting Reinvestment
The bill would also allow states to reinvest saved federal foster care funds in other child welfare services if the state reduces its foster care population from an approved baseline. Currently federal funds are lost when states reduce their caseloads. With this bill, the federal and state dollars saved could instead be invested into services that children and families need, including:
▪Services that reduce the need for foster care entry, including family support and preservation services.
▪Intensive reunification services for children in foster care.
▪Services for children who leave care to return to their parents, live with relatives, or are adopted by new families so that children do not re-enter foster care.
This legislation is long overdue. It's time for the federal government to partner with states to support all children, not just those born to the poorest families.
Eliminating Income Links for Title IV-E
Under current law, a foster child is eligible for federal Title IV-E support only if his family meets the income test of the 1996 Aid to Families with Dependent Children (AFDC) program. Eligibility for Title IV-E adoption assistance is also linked to AFDC eligibility or eligibility for the Supplemental Security Income (SSI) program. For both adoption assistance and foster care maintenance, the Partnership for Children and Families Act would eliminate the AFDC income eligibility restriction. It would also eliminate the SSI eligibility requirement for adoption assistance.
Now more than 10 years old, the AFDC standard has never been adjusted for inflation. Because of this lookback, thousands of abused and neglected children no longer receive support from the federal government—between 1998 and 2004 an estimated 35,000 fewer foster children were eligible for federal IV-E support. (Download detailed report on the lookback.)
During that same period, the decrease in IV-E-eligible children translated into an estimated $1.9 billion loss in federal support to the states. States must support all children in foster care, regardless of income. Thus, states have less funding for other services—such as family support and preservation services, programs to safely reunite children with their families, or efforts to find new adoptive or guardianship families.
Linking federal foster care support to AFDC also requires staff to spend time determining families’ incomes as of 1996. Precious time and money are wasted determining eligibility—resources that would be far better spent protecting children and ensuring that they leave foster care to permanent families.
Supporting Reinvestment
The bill would also allow states to reinvest saved federal foster care funds in other child welfare services if the state reduces its foster care population from an approved baseline. Currently federal funds are lost when states reduce their caseloads. With this bill, the federal and state dollars saved could instead be invested into services that children and families need, including:
▪Services that reduce the need for foster care entry, including family support and preservation services.
▪Intensive reunification services for children in foster care.
▪Services for children who leave care to return to their parents, live with relatives, or are adopted by new families so that children do not re-enter foster care.
This legislation is long overdue. It's time for the federal government to partner with states to support all children, not just those born to the poorest families.
Senators Seek to Improve the Adoption Process
by Mary Boo, NACAC assistant director
On November 19, Senators Clinton and Rockefeller introduced the Adoption Improvement Act (S. 2395), which is designed to speed the adoptions of children from foster care. The legislation would provide $50,000,000 in funding to retain prospective adopters as they go through the process of adopting from foster care.
“We have made important advances in the child welfare system since the Adoption and Safe Families Act was introduced a decade ago, but we still have work to do in order to increase the number of adoptions nationwide,” Senator Clinton said, “This initiative will help the tens of thousands of children still waiting for families find permanent, loving homes.” (Read full statement.)
The legislation is designed to address barriers to adoption that were identified in a recent study by the Evan B. Donaldson Adoption Institute in collaboration with Harvard University and the Urban Institute. The study found that each year, about 240,000 people in the United States will seek information about adopting a child from foster care. Only a very small fraction of these prospects end up actually adopting a foster child. As a result, thousands of needy children will remain in foster care and thousands of prospective parents will remain childless.
Research shows that prospective adoptive parents often face a number of barriers that discourage them from adopting children out of foster care, including difficulty in accessing the child welfare agency and unpleasant experiences during critical initial contacts with the child welfare agency, as well as ongoing frustration with the agency or aspects of the process.
To address these barriers, the act would provide funding to at least 10 child welfare agencies to enable them to implement projects to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening such agencies’ responsiveness to prospective adoptive parents.
This legislation would be a good first step to helping ensure that all 114,000 children waiting to be adopted have the best opportunities to find a forever family of their own. “I believe that success today is when we hear of a child who has found a loving home, and when we see a sad situation turn into an inspirational story of hope,” Senator Rockefeller said. “But success tomorrow will be when we reach each and every child – when not one is left wondering who is there to love them, when not one is left without a nurturing home.”
On November 19, Senators Clinton and Rockefeller introduced the Adoption Improvement Act (S. 2395), which is designed to speed the adoptions of children from foster care. The legislation would provide $50,000,000 in funding to retain prospective adopters as they go through the process of adopting from foster care.
“We have made important advances in the child welfare system since the Adoption and Safe Families Act was introduced a decade ago, but we still have work to do in order to increase the number of adoptions nationwide,” Senator Clinton said, “This initiative will help the tens of thousands of children still waiting for families find permanent, loving homes.” (Read full statement.)
The legislation is designed to address barriers to adoption that were identified in a recent study by the Evan B. Donaldson Adoption Institute in collaboration with Harvard University and the Urban Institute. The study found that each year, about 240,000 people in the United States will seek information about adopting a child from foster care. Only a very small fraction of these prospects end up actually adopting a foster child. As a result, thousands of needy children will remain in foster care and thousands of prospective parents will remain childless.
Research shows that prospective adoptive parents often face a number of barriers that discourage them from adopting children out of foster care, including difficulty in accessing the child welfare agency and unpleasant experiences during critical initial contacts with the child welfare agency, as well as ongoing frustration with the agency or aspects of the process.
To address these barriers, the act would provide funding to at least 10 child welfare agencies to enable them to implement projects to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening such agencies’ responsiveness to prospective adoptive parents.
This legislation would be a good first step to helping ensure that all 114,000 children waiting to be adopted have the best opportunities to find a forever family of their own. “I believe that success today is when we hear of a child who has found a loving home, and when we see a sad situation turn into an inspirational story of hope,” Senator Rockefeller said. “But success tomorrow will be when we reach each and every child – when not one is left wondering who is there to love them, when not one is left without a nurturing home.”
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