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Bipartisan Ways and Means Members Introduce Legislation to Modernize Child Welfare Program

July 02, 2024

The Committee held a hearing on reauthorization of the Title IV-B child welfare program and recently introduced legislation.

WASHINGTON, D.C. – Ways and Means Committee members have introduced 16 bills that would modernize the Title IV-B child welfare program, a critical lifeline for children and families in crisis. Title IV-B of the Social Security Act provides flexible funding for a range of community-based, prevention-oriented services to support family reunification and permanency for children in foster care. The program has not been significantly reformed since 2008. 

These legislative proposals would address critical challenges faced by state child welfare agencies including: ensuring children are not separated from their parents solely because of poverty, strengthening support systems for relatives providing kinship care, focusing on interventions to prevent child abuse and neglect, streamlining administrative processes to enable caseworkers to concentrate on serving families, broadening mental health case planning to provide support for children and youth dealing with trauma, and provisions to enhance court procedures and expand access to legal representation. 

“A bipartisan coalition of Ways and Means members has introduced legislation that will help more children live in safe, loving homes with the resources they need. Right now, the child welfare system has taken its eye off the ball and is too caught up in bureaucratic edicts that fail to recognize that the government should be helping not hurting families taking care of children. These bills seize the opportunity that reauthorization of the Title IV-B program presents to ensure taxpayer dollars are being spent on the best possible outcomes for children and families,” said Ways and Means Committee Chairman Jason Smith (MO-08)

Bills introduced by Ways and Means Committee members are the culmination of a comprehensive, year-long review of Title IV-B. This Congress, the Committee has held three hearings focused on challenges facing the child welfare system – including the barriers faced by Native American tribes in accessing child welfare services, modernizing the child welfare system so states can respond to 21st-century families’ needs, and supporting youth aging out of foster care in their transition to adulthood. At these hearings, members heard from witnesses with experience working in the child protective services system, including caseworkers and state administrators, as well as testimony from former foster youth with lived experience.

Legislation to reform Title IV-B introduced by Ways and Means Members: 

  • H.R. 8813: Preventing Child Welfare Entry Caused by Poverty Act introduced by Chairman Jason Smith (R-MO) and Rep. Gwen Moore (D-WI).
    • Allows use of funds to prevent children from being separated from parents solely on the basis of poverty-related circumstances; clarifies states must have in place policies that ensure living in poverty, absent abuse or neglect, is not the sole reason children are separated from their parents.
       
  • H.R. 8799: Promoting Active Relationships to Enable Nurturing Ties (PARENT) Act of 2024 introduced by Reps. Danny Davis (D-IL) and Darin LaHood (R-IL).
    • Authorizes a demonstration program to test approaches for supporting and improving relationships between incarcerated parents and their children in foster care.
       
  • H.R. 476: Helping Hands for Families Act introduced by Reps. Carol Miller (R-WV) and Judy Chu (D-CA).
    • Allows states to use Title IV-B funds to create and facilitate access to digital tools that connect families to community supports.
       
  • H.R. 8460: Court Improvement Program Enhancement Act introduced by Reps. Blake Moore (R-UT), Carol Miller (R-WV), Judy Chu (D-CA), Don Davis (D-NC).
    • Requires the Department of Health and Human Services (HHS) to develop best practices on tribal court proceedings and consult with tribes on the Indian Child Welfare Act (ICWA).
       
  • H.R. 8643: Foster Youth Mental Health Act introduced by Rep. Michelle Steel (R-CA).
    • Requires state Title IV-B plans to include planning and coordination with mental health service providers so children in foster care have individualized plans that incorporate their unique mental health needs.
       
  • H.R. 8743: Empowering Kinship Caregivers and Youth Through Title IV-B Act introduced by Reps. Lloyd Smucker (R-PA) and Don Davis (D-NC).
    • Provides youth formerly in the foster care system access to services up to the age of 26 to support their transition out of foster care.
    • Allows states to include peer-to-peer mentoring in their state plans.
       
  • H.R. 8744: Reducing Administrative Burden for Child Welfare Agencies Act introduced by Rep. Lloyd Smucker (R-PA).
    • Requires HHS to reduce administrative burden experienced by child welfare agencies by a minimum of 15 percent so state agencies and caseworkers can focus on serving and supporting children and families.
       
  • H.R. 8745: Child Welfare Workforce Development Act introduced by Rep. Lloyd Smucker (R-PA).
    • Focuses funding from the Monthly Caseworker Visit program towards recruiting and retaining a strong child welfare workforce while removing unnecessary penalties.
       
  • H.R. 8810: Ensuring Legal Representation for Child Welfare Act introduced by Reps. Claudia Tenney (R-NY) and Mary Gay Scanlon (D-PA).
    • Requires that states include in their state child welfare plans a strategy for ensuring independent legal representation for children and parents involved in open child welfare cases, to facilitate coordination and ensure access to legal support.
       
  • H.R. 8793:  Foster Care Adoption Oversight and Support Act introduced by Reps. Brad Wenstrup (R-OH) and Lloyd Smucker (R-PA).
    • Requires HHS to study post-adoption services provided under Title IV-B and their effectiveness at supporting and sustaining successful adoptions from foster care.
       
  • H.R. 8815: Youth and Family Engagement in Child Welfare Act introduced by Reps. Adrian Smith (R-NE) and Gwen Moore (D-WI).
    • Directs states to consult with youth and parents with lived experience in the child welfare system to review and certify Title IV-B plans, ensuring implementation strategies incorporate their feedback and insights.
       
  • H.R. 8814: Strengthening Evidence-based Prevention Services Act of 2024 introduced by Reps. Randy Feenstra (R-IA) and Dan Kildee (D-MI).
    • Establishes competitive grants to support evaluation of programs that meet the criteria for inclusion in the Family First Prevention Services Clearinghouse to prevent foster care placement and keep families together.
       
  • H.R. 8798: Promoting Community-Based Prevention Services Act introduced by Reps. Mike Carey (R-OH) and John Larson (D-CT).
    • Specifies that family resource centers are an example of allowable community-based family support services under Title IV-B. 
       
  • H.R. 8817: Promoting Accountability, Reporting, Information Sharing and Health Act introduced by Reps. Greg Stuebe (R-FL) and Jimmy Panetta (D-CA).
    • Requires HHS to provide technical assistance to states on best practices for collecting and reporting data on oversight of youth residential treatment facilities. 
       
  • H.R. 8621: Strengthening Tribal Families Act of 2024 introduced by Reps. Don Bacon (R-NE), Judy Chu (D-CA), Dan Kildee (D-MI), Tom Cole (R-OK) and Sharice Davids (D-KS).
    • Requires HHS to provide technical assistance to help states develop and implement strong Indian Child Welfare Act (ICWA) implementation plans.
       
  • Tribal Child Welfare Support Act introduced by Reps. Kevin Hern (R-OK) and Judy Chu (D-CA).
    • Provides a 3 percent tribal set-aside and streamlines tribal access to funding provided under Title IV-B, Subpart 1. 

Child Welfare Hearings

This Congress, the Committee has held four hearings on child welfare: