Child Welfare and Child Support

Book excerpt: The Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980), an omnibus bill that includes both child welfare and child support provisions, was signed into law on September 29, 2014, as P.L. 113-183. The bill received broad congressional support, passing the House by voice vote (under suspension of the rules) on July 23, 2014, and the Senate by unanimous consent on September 18, 2014. P.L. 113-183 amends the federal foster care program to require state child welfare agencies to develop and implement procedures for identifying, documenting in agency records, and determining appropriate services for certain children or youth who are victims of sex trafficking, or at risk of victimization. State child welfare agencies must also report to law enforcement and the U.S Department of Health and Human Services (HHS), which administers child welfare programs, about such victims. In addition, HHS must establish a national advisory committee on child sex trafficking that must, among other responsibilities, develop policies on improving the nation's response to domestic sex trafficking. P.L. 113-183 also includes provisions to direct child welfare agencies to develop protocols on locating children missing from care. The law also seeks to ensure children in foster care have the opportunity to participate in activities that are appropriate to their age and stage of development. It requires changes in state foster home licensing law to enable foster caregivers to apply a "reasonable and prudent parenting" standard when determining whether a child in foster care may participate in activities; and directs state child welfare agencies to provide training to caregivers on using this standard. Other provisions in the law seek to ensure permanent adult connections for older children and better aid their transition to successful adulthood. Under the new law, states are not permitted to assign a permanency plan of "another planned permanent living arrangement" (APPLA) to any child under the age of 16, and must take additional steps to support permanency for children age 16 or older who are assigned that permanency plan. Further, children in foster care who are age 14 or older must be consulted in the development of, and about any revisions to, their case and permanency plans. They must also be made aware of their rights while in care, including the right to receive critical documents (e.g., birth certificate, Social Security card) when they "age out" of care. P.L. 113-183 separately extends funding authority for Adoption Incentive Payments for three years (FY2014-FY2016). It phases in a revised incentive structure that allows states to earn incentive payments for both adoptions and exits from foster care to legal guardianship, places additional focus on finding permanent homes for older children, and strengthens the way state performance is gauged under the program. The law requires 30% of any state savings (resulting from broadening federal eligibility for adoption assistance) to be used for family strengthening services, including post-adoption services. It also includes provisions to ensure continued federal assistance under the Title IV-E program for eligible children who, following the death or incapacitation of their legal guardian, are placed with previously named successor guardians. Separately, the law appropriates $15 million to continue Family Connection Grants for one year. These grants are intended to strengthen children's connections to their parents and other relatives.