Fostering Connections to Success Act

HR 6307
Congressman Jim McDermott and Congressman Jerry Weller

  • Extends support for kinship care
  • Provides a state option to extend foster care to age 21
  • Extends training to private agencies
  • Provides tribes direct access to Title IV-E funds
  • Requires greater health planning for children in care
  • Requires greater coordination of on-going education for foster children
  • Reauthorizes the adoption incentives program

Kinship Guardianship Assistance Payments for Children

States have an option to extend Title IV-E funding to kinship placements

The state must negotiate an agreement with the relative guardian, provide a copy of the agreement, and assure that the child will be covered by Medicaid. The agreement must outline the services and assistance, how a guardian may apply for services and the agreement may include up to $2000 in non recurring initial expenses.

The assistance payment cannot be higher than the foster care payment or lower than the adoption assistance payment that states provide to those families. Agreements cover children up to age 18 unless the state opted to extend foster care under other provisions of this bill.

To cover a child under such a kinship placement, the child must have been removed under a voluntary agreement or a court determination; the child must have been in care for 12 months and residing with the prospective relative for 6 months. The same income eligibility that applies to Title IV-E foster care applies to guardianship placements. In addition, there must be a determination that reunification or adoption is not appropriate, the child must show a strong attachment to the relative, and if the child is 14 or older, there must be consultation with the child. Siblings may be placed together if appropriate and if the relative agrees. Payments will be made accordingly.

There must also be provisions for a criminal records check for any relative guardian before final approval of such guardianship. The state must also outline the steps the agency has taken to determine that it is not appropriate for the child to return home, the reasons why the placement with the relative guardians is in the child's best interest, the ways the child meets the eligibility requirements, steps taken to discuss adoption with the relative as an option, and the steps that the state has taken to secure consent of the child's parents for a kinship placement.

For states that are currently using waiver authority to cover guardianship placements, once that waiver expires, the current services and same assistance are deemed to be appropriate under these new provisions.

Family Connections Grants

A new competitive grant is created in the Department of Health and Human Services (HHS). The matching grants available to states and tribes will allow the funding of three types of programs:
  • Kinship navigator programs designed to assist caregivers in obtaining support assistance and information to all kin families;

  • Intensive family-finding programs that use search technology to find and match up biological family members for children in the child welfare system; and

  • Family group decision making for children in the child welfare system that empowers and involves family members in planning and decisions that work to protect the child(ren) from further abuse and neglect.
Private agencies are eligible to receive these grants. All applicants apply to HHS for competitive grants lasting 1 to 3 years. The plan submitted to HHS must outline what families and children are being targeted. Up to 20 new grantees will be selected in a year, with the federal government providing 75 percent of funds in the first two years, and 50 percent in the third year; Funding is authorized up to $50 million for each year from 2009 through 2013. Funds will be reserved for research.

Notification to Relatives of Foster Care Placements

States will be required to have a notification process for relatives of children in the child welfare system. Not later than 30 days after placement into foster care, the state agency shall attempt to locate and notify siblings, grandparents, aunts, or uncles of the placements and explain options to participate in the care and placement.

State Option to Extend the Age of Foster Care

States have the option of extending the age of foster care to age 19, 20 or 21. Those covered must be completing secondary school or equivalent, enrolled in an institution that provides secondary or post-secondary education, participating in a program or activity to promote or remove barriers to employment, or employed for at least 80 hours per month.

In the case of a young person age 18, 19, or 20, the definition of a child caring institution include a supervised setting for young people living independently.

Use of Training Funds for Agencies and Guardians

Title IV-E funds may be used for the training of guardians (similar to foster and adoptive parents). Training funds may also be used by state-licensed or state approved private agencies in addition to state agencies. This federal match for this extension of training funds is gradually increased, with the federal match at 55 percent in 2009, 60 percent in 2010, 65 percent in 2011, and 70 percent in 2012.

Equal Access to Title IV-E Foster Care and Adoption Assistance for Indian Children in Tribal Areas

Indian tribes, tribal organizations, Alaskan tribes or tribal consortia may submit a plan to draw direct funding of Title IV-E Foster Care and Adoption Assistance. The tribes shall include in such a plan the area and the population to be served, as well as the standards to be used for foster care homes and child caring institutions pursuant to tribal standards so long as the standards ensure safety and the accountability for children in care.

In conducting background checks for prospective foster parents or adoptive parents, the tribe may use the procedures for conducting backgrounds checks in accordance with requirements under the Indian Child Protection and Family Violence Prevention Act.

In determining what a tribe or consortia receives in federal matching funds, a determination will be made based on the service population being covered, except that no tribe will receive a lower federal match than the state in which the tribe is located. In making this determination, HHS shall take in to consideration any information submitted by the applying tribe or consortia. In calculating what a tribe will receive for administrative, training and data collection Title IV-E funds, HHS shall issue regulations to determine the formula. In no case will a tribe or consortia receive less than the state in which the tribe is located. In matching these funds, the tribe or consortia may use federal, state, tribal or private funds which may also include in-kind funds.

HHS may at the request of the tribe or consortia modify these requirements if it is determined that such modification will advance the best interests and safety of the children served by the program.

A tribe and a state may enter into a cooperative agreement for the administration and payment of the funds under Title IV-E.

Any current agreements between the state and the tribe in effect at the time of passage of this bill shall remain in effect. Any families receiving funding under foster care maintenance payments or adoption assistance shall not lose that funding as a result of a new agreement under this bill.

A tribe or consortia that receives funding under such an agreement will also be eligible for a portion of the Title IV-E Chafee Independent Living program funds. In awarding the funds, HHS shall determine that tribe's allotment in an appropriate manner except that in no instance is that tribe to receive less than it would under the current funding structure. HHS shall use a formula based on the number of foster children in care in the state and the number of foster children under the tribal or consortia plan. The tribe or consortia may also establish a joint agreement with the state in the administration of the Chaffee funds.

Health Oversight and Coordination for Children in Foster Care

States are directed to develop, in coordination and collaboration with the state Medicaid agency and in consultation with pediatricians, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care needs and services-including mental health and dental health needs-for any child in a foster care placement. The plan shall include an outline of the following:
  • a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice;

  • how health needs identified through screenings will be monitored and treated;

  • how medical information for children in care will be updated and appropriately shared. This may include the development and implementation of an electronic health record;

  • steps to ensure continuity of health care services. This may include the establishment of a medical home for every child in care;

  • the oversight of prescription medicines; and

  • how the state actively consults with and involves physicians or other appropriate medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children.
This requirement of the child welfare agency shall not reduce or limit the responsibility of the state Medicaid agency responsible for administering the approved Medicaid state plan to provide care and services for children receiving services under the state plan.

Educational Planning and Stability

The bill would amend the educational requirements included in a child's case. Currently, the child is to be placed in proximity to their current school. Under the new, stronger language, the case plan must provide an assurance that the foster care placement takes into account the appropriateness of the current educational setting and proximity to the school at the time of the child's placement. There must also be an assurance that the state has coordinated with the local education agency (LEA) to assure that the child remains in school at the time of their placement into foster care. If it is not possible for the child to remain in school, the state must provide an assurance that it has collaborated with the LEA and that there will be immediate and appropriate enrolment in a new school with all the educational records provided.

Finally, the new section amends the definition of foster care maintenance payments to include the reasonable travel costs of continuing to attend the same school.

Sibling Placements

The state plan requirements are amended to require that siblings be placed together in foster care unless the state documents that such a joint placement would be contrary to the safety and well being of any of the siblings.

Adoption Incentive Reauthorization

The bill extends and reauthorizes the current adoption incentive fund for an additional five years through the year 2013. It also changes the calculation of a base year, revising it for an additional 5 years. The bill provides a larger incentive of $4000 per special needs adoption, and $8000 per older child adoption. An older child is still defined as 9 years of age or older.

Adoption Tax Credit Information

The bill requires states to provide information to individuals who are about to adopt a child from foster care about the potential eligibility that families may have for tax benefits or credits under the federal tax code.

Federal Matching Rate for the District of Columbia

For Washington DC, the federal medical assistance program (Medicaid) matching rate is increased to 70 percent.

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