Protecting Incentives For The Adoption Of Children With Special Needs Act Of 2009
I thank the gentleman from Washington for bringing this bill to the floor. Mr. Speaker, I rise in support of the Protecting Incentives for the Adoption of Children with Special Needs Act of 2009. This bipartisan legislation makes an…
I thank the gentleman from Washington for bringing this bill to the floor.
Mr. Speaker, I rise in support of the Protecting Incentives for the Adoption of Children with Special Needs Act of 2009. This bipartisan legislation makes an important technical fix to ensure that Congress' intent is carried out and that States have improved financial incentives to help more children in foster care find permanent, loving adoptive homes.
This legislation continues a long tradition of bipartisan activity by the Ways and Means Committee, a tradition designed to promote the adoption of children from foster care. In 1997, the committee played a key role in crafting the landmark Adoption and Safe Families Act; in 2003 the Adoption Promotion Act; and last fall the Fostering Connections to Success and Increasing Adoptions Act of 2008. These laws streamline the adoption process. They encourage more efforts to quickly move children from foster care into permanent, loving homes, and they helped achieve the dramatic increases in the number of children successfully adopted from foster care in the past decade. In each case, the legislation was designed to benefit children who face some of the most daunting personal challenges in our country--those who have spent years, sometimes practically all of their lives, in the foster care system.
The legislation before us today would ensure the goals of last year's bipartisan Fostering Connections law are realized. That legislation encouraged increased adoptions from foster care by revising the Adoption Incentives Program and by extending its authorization through fiscal year 2013.
Among other improvements, the Fostering Connections law gave States more generous Federal funds if they helped more families adopt children now languishing for years in foster care, especially older and disabled children.
Unfortunately, the fiscal year 2009 omnibus appropriations bill, which passed through the House with limited consideration, included an error that effectively overrides some of the improvements in last year's Fostering Connections law. In short, the omnibus bill incorrectly stipulated that adoption incentive funds should be provided under the old, less generous rules Congress wanted to replace instead of the new, more generous rules included in the Fostering Connections law.
This legislation makes a simple repair of ensuring that congressional intent is followed so that States have the full intended incentives to promote the adoption of older and disabled children in foster care, among others. According to the Congressional Budget Office, this technical fix has no cost.
I would like to thank my colleagues, Representatives Camp and Rangel--ranking member and chairman of the House Committee on Ways and Means respectively--for introducing legislation to correct this error in the House. Their bill, H.R. 1840, is identical to the
legislation before us, S. 735, which Senators Baucus and Grassley introduced in the Senate and worked to pass earlier this month.
I encourage all Members to support this important legislation so it can be signed into law as quickly as possible.
April 15, 2009.
Hon. Charles Rangel, Chairman,
Hon. Dave Camp, Ranking Member,
Committee on Ways and Means, House of Representatives,
Washington, DC.
Dear Representatives Rangel and Camp: On behalf of the
American Public Human Services Association (APHSA) and its
affiliate the National Association of Public Child Welfare
Administrators (NAPCWA), we applaud and support your efforts
to fix the incentive program for states that increase their
numbers of adoptions from foster care and support H.R. 1840.
As you know, the adoption incentive program, originally
part of the Adoption and Safe Families Act of 1997 (P.L. 105-
89), was reauthorized in the previous Congress through the
Fostering Connections to Success and Increasing Adoptions Act
of 2008 (P.L. 110-351). States perform well when provided
with incentives. Between 1998 and 2006, states received
approximately $211 million in incentive bonuses for
increasing the number of children adopted from foster care.
During the same time period, nearly half a million children
were adopted from state custody. Today, the waiting child
population tends to have higher special needs and may pose
challenges for caseworkers to find families willing to adopt
them.
The reauthorizing language reset the base number of
adoptions a state needs to finalize to earn an incentive
bonus to FY 2007. For each child adopted above that baseline,
a state will continue to receive $4,000. Recognizing that
older children and children with special needs may be more
difficult to place in adoptive homes, Congress improved the
bonus awards. The incentive amount for adopted children nine
or older increased from $4,000 to $8,000 and adopted special
needs children increased from $2,000 to $4,000. For the first
time, Congress also added an increased rate of adoptions
bonus for states. To earn this bonus, states must achieve a
``foster care adoption rate'' that exceeds its previous
``highest ever foster child adoption rate'' back to 2002
adoption numbers. Moreover, states now have 24 months to
spend incentive funds on any Title IV-E and IV-B programs.
These were significant improvements to the program that
would help many children languishing in foster care find
permanent loving homes with adoptive families. However, due
to an oversight, the recent Omnibus 2009 Appropriations Act
(P.L. 111-8) changed the adoption incentive program back to
pre-Fostering Connections. Prior to the reset of the
baseline, many states were unable to reach continued higher
goals of finalized adoptions and the numbers of children
waiting to be adopted were starting to decline in many
states.
On behalf of those that work so diligently to find homes
for waiting children, we thank you for fixing this oversight.
You are true champions for our nation's most vulnerable
children.
Sincerely,
Jerry Friedman,
Executive Director.
Mr. Speaker, I yield back the balance of my time.