Committee on Ways and Means
Subcommittee on Human Resources
Subcommittee Report on H.R. 2873
Purpose and Summary
The "Promoting Safe and Stable Families Amendments of 2001," (H.R. 2873) reauthorizes and makes improvements to the Promoting Safe and Stable Families program, the primary Federal resource for services to prevent child abuse and neglect. The Promoting Safe and Stable Families program is extended for two years at current funding levels ($305 million in each of fiscal years 2002 and 2003), with the expectation that increases in funding sought by the President may be revisited as fiscal circumstances permit.
The primary improvements made to the program include adding two program areas to the list of allowable activities: (1) strengthening parental relationships and promoting healthy marriages; and (2) Infant Safe Haven programs designed to provide a safe way for parents to relinquish unwanted newborns. Focus is added to research, evaluation, and technical assistance performed or directed each year by the Secretary of the U.S. Department of Health of Human Services (the Secretary) and requires the Secretary to report to the Congress each year on its activities in this respect. Finally, funds unused by States are allowed to be redirected to other States, maximizing the resources available to provide program services nationwide.
On September 25, 2001 the Subcommittee on Human Resources ordered favorably reported, with amendment, to the full Committee H.R. 2873, the "Promoting Safe and Stable Families Amendments of 2001", on a voice vote with a quorum present.
The Subcommittee on Human Resources held a hearing on May 10, 2001 (Serial 107-18) to receive comments on the Promoting Safe and Stable Families program. Testimony at the hearing was presented by the Administration, program administrators, advocates, researchers and Members of the U.S. House of Representatives. On July 11, 2001 the Subcommittee conducted a hearing on Bush Administration budget proposals which included testimony from an official from the U.S. Department of Health and Human Services on the President's proposals to extend and amend the Promoting Safe and Stable Families program. In the 106th Congress, the Subcommittee held a number of hearings on child welfare issues: April 22, 1999 on Child Protection Oversight (Serial 106-25); February 27, 2000 on the Child Protection Review System (Serial 106-84); March 23, 2000 on Child Protection Issues (Serial 106-63); July 20, 2000 on Increasing State Flexibility in Use of Federal Child Protection Funds (Serial 106-98), and; October 3, 2000 on H.R. 5292, the "Flexible Funding for Child Protection Act of 2000" (Serial 106-73). Testimony was presented by Administration officials, academic witnesses, researchers, program administrators, and advocacy groups.
Analysis of Legislation, Justification, and Comparison with Present Law
1. Short Title; Table of Contents
Present Law
No provision.
Explanation of Provision
The Act is named the "Promoting Safe and Stable Families Amendments of 2001."
Reason for Change
Not Applicable.
TITLE I. PROMOTING SAFE AND STABLE FAMILIES
Present Law
Current law includes no findings. The purposes of the Promoting Safe and Stable Families program are to encourage and enable each State to develop, establish or expand, and operate a program of family preservation services, community-based family support services, time-limited family reunification services and adoption promotion and support services.
Explanation of Provision
The Promoting Safe and Stable Families Amendments of 2001 adds findings to illustrate the need for the program in addressing issues faced by families at risk of abuse and neglect, and those adopting children from foster care. Congress finds that family preservation programs provide extensive and intensive services to families in crisis, family support programs directed at specific vulnerable populations have had positive effects, permanency placement timelines established by the Adoption and Safe Families Act of 1997 (ASFA) have made the prompt availability of services to families important to successful family reunification, and a rapid increase in the number of adoptions since enactment of ASFA has created a growing need for post-adoption services and for service providers with knowledge and skills specific to the needs of adoptive families.
The Subcommittee bill also adds purposes to clarify the goals and expectations of the Congress in authorizing the program. Specifically, the purposes include the coordination of services offered under the program; preventing child maltreatment among at-risk families through supportive family services; assuring children's safety within the home; preserving intact families where children have been maltreated, when problems can be addressed effectively; addressing problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner; and supporting adoptive families by providing necessary support services for them to make a lifetime commitment to their children.
Reason for Change
Under current law, there is only general language stating the purpose of the program. The addition of specific findings and purposes will help reinforce the need for coordination of services and the goals of each of the four categories of services. While States retain broad authority to design programs, the revised purposes make clear that individual programs should be tailored to address the goals identified for each category of services States are expected to provide using Promoting Safe and Stable Families funds.
Present Law
Family preservation services are defined as services for children and families (including adoptive and extended families) at risk or in crisis, including services to return children to their families from foster care, when safe and appropriate, or to help children be placed for adoption, with a legal guardian, or other planned permanent arrangement. They also include preplacement preventive services, such as intensive family preservation programs for children at risk of foster care placement; services designed to provide followup care to families after a child has been returned home; respite care for parents and other caregivers; and services designed to improve parenting skills with respect to such issues as child development, family budgeting, stress management, nutrition, and health.
Family support services are defined as community-based services that
promote the safety and well-being of children and families (including adoptive, foster and extended families); increase confidence in and competence of parenting skills; afford children a safe, stable, and supportive family environment; and otherwise enhance child development.
Explanation of Provision
The provision amends the definition of family preservation services to include infant safe haven programs to provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to State law.
The legislation also amends the definition of family support services to include strengthening parental relationships and promoting healthy marriages.
Reason for Change
According to the Congressional Research Service, as of August 2001, 34 States have passed laws to establish "safe havens," where parents in crisis may relinquish newborns without criminal prosecution. Few States have provided funding to disseminate information and publicize the availability of these programs, created to prevent infant abandonments that frequently end in the child's death. Allowing States to use Promoting Safe and Stable Families funds to support such programs is consistent with the goals of the Family Preservation program which include providing services to place children for adoption, with a legal guardian, or in another planned permanent living arrangement.
There is a large body of evidence showing that children fare best on a broad range of measures when raised by married parents. For example, they are more likely to do well in school, to avoid poverty, and to escape abuse and neglect. Therefore, allowing States to use funds under the family support program to strengthen parental relationships and promote healthy marriages is consistent with the program's goal of promoting the safety and well-being of children and families.
Present Law
No provision.
Explanation of Provision
The legislation provides that any money allotted which a State certifies it will not use becomes available for reallotment to other States under the existing distribution formula.
Reason for Change
In recent years, certain Promoting Safe and Stable Families funds authorized to be distributed to the States have not been used and have remained in the U.S. Treasury. Funds may not be used by States if they are unable to meet the Federal matching requirements, or are using State funds to pursue the goals of the Promoting Safe and Stable Families program. Rather than allow some portion of this capped spending to be lost, reallotment allows the Secretary to maximize the full resources available under the program.
(a) In General (Special Funding to States, FY 1994)
Present Law
A special funding rule was enacted for FY1994 that allowed States additional funding for initial program plan development. States that in FY1994 submitted a proper application for funds to the Secretary were entitled to funding (up to $1 million) for the cost of development and submission of their 5-year program plan plus the lesser of 75 percent of State expenditures for services to children in families under the new plan, or the regular State allotment minus the amount paid to the State for program plan development.
Explanation of Provision
This provision removes all reference to the special funding rule applicable solely for FY1994.
Reason for Change
This is a technical change to remove obsolete references in the statute.
(b) Conforming Amendments
Present Law
Except for the special funding rule for FY1994, States are entitled to the lesser of 75 percent of total expenditures for activities under the Promoting Safe and Stable Families plan or the regular State allotment for the fiscal year.
Explanation of Provision
All references to the special funding rule applicable solely for FY1994 are removed, but otherwise the current funding formula is maintained.
Reason for Change
This is a technical change to remove obsolete references in the statute.
Section 105. Evaluations, Research and Technical Assistance
Present Law
The Secretary is required to evaluate the effectiveness of programs designed to meet specific purposes; develop evaluation criteria in consultation with appropriate parties, such as State child welfare agencies, and private, non-profit agencies providing child welfare services; consult other persons with recognized expertise in evaluation of child and family services; and develop procedures to coordinate State and Federal evaluations of program effectiveness.
Current law has no provisions concerning research priorities or defining technical assistance the Secretary must provide.
Explanation of Provision
A new section is created for Evaluations, Research, and Technical Assistance and new criteria for providing research grants and offering technical assistance are added. Instructs the Secretary to evaluate and report annually to Congress on the effectiveness of programs. The Secretary is instructed to give priority to the following research and evaluation topics: promising program models, particularly in the ares of time-limited family reunification and adoption services; multi-disciplinary service models addressing parental substance abuse; effectiveness of approaches directed at families with specific problems and children in specific age ranges; and outcomes of adoptions finalized since the enactment of the 1997 Adoption and Safe Families Act.
The Secretary is instructed to provide technical assistance to help States and Indian tribes develop research-based protocols for identifying families at risk of abuse and neglect that can be used by caseworkers in the field; develop treatment models that address needs of at-risk families (particularly families with substance abuse issues); implement programs with well-articulated theories of how the intervention will result in desired changes among at-risk families; establish ways to ensure service provision matches the treatment model; and establish ways to ensure that post-adoption services meet the needs of individual families and develop models to reduce the disruption rates of adoption.
The Secretary must submit an annual report by January 15 of each year, beginning in 2003, describing the nature, funding level, and status of ongoing evaluations, as well as the technical assistance provided to States.
Reason for Change
Each year, the Secretary receives $6 million in Promoting Safe and Stable Families funds to conduct research and evaluate the effectiveness of State initiatives funded by the program. Evaluations provided to date include an evaluation of Intensive Family Preservation programs and an overview of how States use Promoting Safe and Stable Families funds. However, in general, States have insufficient information upon which to design programs to address the wide range of challenges families face who are involved in or at risk of involvement in the child welfare system. For example, the Intensive Family Preservation evaluation looked at one service model to prevent abuse and neglect and found some evidence the program may be ineffective, and yet offered little guidance on how to effectively design such a program. Further, evaluations of core Promoting Safe and Stable Families program services have been unevenly distributed: Family Preservation has been the focus of many evaluations, while the three other categories of services have received little evaluative attention.
To address such concerns, the legislation's targeting of research, evaluations, and technical assistance is intended to assist the Secretary in translating research findings into useful instruction to State child welfare agencies. Much is expected of State and local child welfare agencies in protecting children and supporting families at risk. Yet without the most up-to-date and insightful research on best practices and outcomes, agencies will have difficulty designing and implementing effective and efficient programs.
(a) In General
Present Law
Specific appropriations are authorized for FY1994 through FY2001, beginning with $60 million in FY1994 and rising to $305 million in FY2001.
Explanation of Provision
The legislation creates a separate provision solely to authorize appropriations of $305 million in each of fiscal years 2002 and 2003, and reserve certain of those amounts for specified purposes.
Reason for Change
This is a technical change to locate set-asides and authorization language in a single section of Title IV-B of the Social Security Act.
(b) Conforming Amendments
Present Law
Out of the authorized funds described above, specified amounts are reserved for research, training and technical assistance and for evaluation of any Federal, State, or local programs that advance specific purposes ($2 million for FY1994 and $6 million for each of FY1995 through FY2001); State court improvement grants as authorized by Section 13172 of the Omnibus Budget Reconciliation Act of 1993 ($5 million for FY1995 and $10 million for each of FY1996-FY2001); and 1 percent for Indian tribes.
Explanation of Provision
Out of the authorized funds, the Secretary is instructed to reserve specified amounts for evaluation of programs and for research, training, and technical assistance ($6 million for FY2002 and FY2003); State court improvements ($10 million per year over the two year period ); and Indian tribes (1 percent of the specified authorization amount).
Reason for Change
Current set-aside levels are maintained for the two-year period authorized by the Subcommittee bill.
Section 107. State Court Improvements
Present Law
Entitlement funding for State court improvements is included in Section 430 of the Social Security Act while details concerning the purpose, requirements and allocation of these grants are included in Section 13712 of the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66).
Explanation of Provision
The State Court Improvement program is relocated from the Omnibus Budget Reconciliation Act of 1993 to a new Section 437 of the Social Security Act.
This provision amends the description of the State court improvement grants by providing that money is for assessment and implementation of "improvements," and specifies that those improvements are to provide for the safety, well-being, and permanence of children as set forth in the Adoption and Safe Families Act, and to implement corrective action plans, as necessary, resulting from the Children and Family Services reviews under Section 1132A of the Social Security Act.
The eligibility for an allotment is amended by stating that a State Court must be conducting assessment and "improvement" activities. Continued state improvement grants are authorized for FY2002 through FY2003, and the heading requiring non-federal match of 25 percent "Federal Share" is renamed. Language related specifically to 1995 funding level is removed.
Reason for Change
Technical changes are made to co-locate the State Court Improvement projects with the other related Promoting Safe and Stable Families sections of the Social Security Act.
Changes are also made to clarify that the intent of the State Court Improvement program is to: (1) assist the State Courts in meeting the expectations of ASFA regarding the safety, well-being, and permanency of children in foster care; and (2) address any issues identified as needing corrective actions to comply with Children and Family Services Reviews. Children and Family Services Reviews are comprehensive oversight and assessment activities of State and local child protection and child welfare programs performed by the Secretary. State Court Improvement programs have proved an important catalyst in facilitating collaboration between State agencies and the judicial branch toward the mutual goals of protecting children and promoting their well-being and permanent living arrangements.
Section 201. Effective Dates
Present Law
Not applicable.
Explanation of Provision
Except as provided below, amendments made by this Act take effect on October 1, 2001. If the Secretary determines that enactment of State legislation (other than appropriations) is needed for a State's Title IV-B plan to comply with this Act, the plan will not be considered out of compliance on that basis until after completion of the first regular session of the State legislature (or the first year of a two-year legislative session) that begins after enactment of this Act.
Reason for Change
States are provided with ample time to make any necessary changes to State laws to comply with the Subcommittee's bill.