Mr. President, today I am introducing a simple bill to try and provide some fairness to States as they struggle to try and implement the new, stringent standards of the welfare reform reauthorization imposed as part of the Deficit…
Mr. President, today I am introducing a simple bill to try and provide some fairness to States as they struggle to try and implement the new, stringent standards of the welfare reform reauthorization imposed as part of the Deficit Reduction Act on 2007. As a former member of the West Virginia State Legislature and as a Governor, I know that implementation of such mandates can take time.
Let me share the timeline that States face in coping with the new rules on welfare reform, or Temporary Assistance to Needy Families, TANF. Most of the pending legislation on TANF, including President Bush's plan had a multiyear phase in proposals for tougher work requirements.
But the legislation that passed was a stark change with no time for States to develop new policy and no time for State legislature to react to new policy. Additionally States could be penalized for their policy even before they get guidance from officials at the Department of Health and Human Services, HHS, that their work verification plan is approved. This is just not fair.
Here is the history. In October of 2005, the House Workforce Committee passed legislation to phase-in higher work standards.
In November of 2005, the Senate approved a budget reconciliation bill without new work requirements. Later that month, the House approved a reconciliation bill that phased-in higher work requirements.
On December 19, 2005, the conference agreement on the Deficit Reduction Act imposed tougher work standard that will take effect on October 1, 2007. States will also face penalties if they do not meet new, unpublished work verification requirements.
The President signed the bill into law in February 2006.
The Department of Health and Human Services did not issue regulations to define work activities and outlining the requirements for work verification plans until June 29, 2006.
States had just 3 months to develop their work verification plans based on the new regulations, and the plans are due on September 30, 2006.
On October 1, 2006, the tougher work standards as measured by work verification took effect.
Today, May 22, 2006, no State has received approval of their work verification plans submitted over 7 months ago. But States could be penalized for failing participation standards today before they have gotten guidance from HHS that their work verification plans are approved, and they know what is expected of them.
This is just not fair. States need to know what the rules are for work, and what they can count for work before any penalties should be assessed, even if they are not due until a future date. Some of the potential penalties are harsh, including a 5 percent cut in the State's block grant in the first year, and a requirement to increase State matching funds. Such cuts could be imposed when the value of TANF block grant has shrunk by more than 20 percent since 1996.
My bill is simple fairness. It states that no financial penalties can be imposed on a State until 12 months after a State gets official approval by HHS of its work verification plans. This allows each State a year to come into compliance. States are trying, but they do not yet know what officially counts as work so they should not face any penalties until after the rules are clear.
Welfare reform is not supposed to be about penalties and pushing families off the caseload. Welfare reform is supposed to be about promoting responsibility and self-sufficiency. States, and the families, on the program deserve to know with certainty what it takes to ``play by the rules.''
Mr. President, I rise today to introduce the Adoption Equality Act of 2007. This legislation is an issue of fairness. It clearly states that every special needs child who needs adoption assistance in order to gain a safe, permanent home deserves it.
Throughout my career in the Senate, I have sought to strengthen and improve policies for the most vulnerable children, children who are at- risk of abuse and neglect in their own homes. While foster care is able to provide for the basic needs of these children, we must ultimately be able to provide them with a safe permanent home.
Congress demonstrated their dedication to this when they passed the 1997 Adoption and Safe Families Act, which led to the number of nationwide adoptions nearly doubling. But even with
these significant gains we cannot forget over 100,000 children in foster care are waiting for adoption. In West Virginia, there are 94 children waiting for adoption. For some of these children, described as having ``special needs,'' placement in a safe permanent home is especially difficult. Special needs children face increased obstacles in adoption due to factors such as their age, disability, or status as part of a group of siblings needing to be placed together.
In an effort to offer additional support to those in foster care who have the most difficulty finding a safe and permanent home, adoption subsidies are provided to encourage the adoption of ``special needs'' children. These subsidy payments provide essential income support to help families finance the daily basic costs of raising these children, as well as support for special services like therapy, tutoring, or special equipment for disabled children.
Yet, the current law does not make these Federal subsidies available to all families adopting ``special needs'' children. Under this law, only a fraction of the children waiting to be adopted would qualify for support. Federal subsidies are only given to families who adopt special needs children whose biological family would have qualified for welfare benefits. This is, simply, wrong. A child's eligibility for these important benefits should not be dependent on the income of his or her biological parents, these are the parents whose legal rights to the child have been terminated, the parents who have abused or neglected the child.
It is time to create a Federal policy that levels the playing field and gives all children with special needs an equal and fair chance at being adopted. The Adoption Equality Act of 2007 will do this by removing the requirement that an income eligibility determination be made in regard to the child's biological parents, thereby making all children who meet the definition of ``special needs'' eligible for Federal adoption subsidies. The bill would also give States an incentive to make additional improvements to their welfare systems by requiring that States reinvest the moneys they save as a result of this bill back into their State child abuse and neglect programs.
The lack of modest financial resources to support these adoptions is often the only barrier that stands between an abused child and a safe, loving home. This bill is a wise investment if we want to truly help our most vulnerable children find a permanent home.