Modernizing the Interstate Placement of Children in Foster Care Act

Floor Speech

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Mr. YOUNG of Indiana. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4472) to amend title IV of the Social Security Act to require States to adopt a centralized electronic system to help expedite the placement of children in foster care or guardianship, or for adoption, across State lines, and to provide grants to aid States in developing such a system, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 4472

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Modernizing the Interstate Placement of Children in Foster Care Act''. SEC. 2. FINDINGS.

The Congress finds that--

(1) when a child in foster care cannot return safely home, the child deserves to be placed in a setting that is best for that child, regardless of whether it is in the child's State or another State;

(2) the Interstate Compact on the Placement of Children (ICPC) was established in 1960 to provide a uniform legal framework for the placement of children across State lines in foster and adoptive homes;

(3) frequently, children waiting to be placed with an adoptive family, relative, or foster parent in another State spend more time waiting for this to occur than children who are placed with an adoptive, family, relative, or foster parent in the same State, because of the outdated, administratively burdensome ICPC process;

(4) no child should have to wait longer to be placed in a loving home simply because the child must cross a State line;

(5) the National Electronic Interstate Compact Enterprise (NEICE) was launched in August 2014 in Indiana, Nevada, Florida, South Carolina, Wisconsin, and the District of Columbia, and is expected to be expanded into additional States to improve the administrative process by which children are placed with families across State lines;

(6) States using this electronic interstate case-processing system have reduced administrative costs and the amount of staff time required to process these cases, and caseworkers can spend more time helping children instead of copying and mailing paperwork between States;

(7) since NEICE was launched, placement time has decreased by 30 percent for interstate foster care placements; and

(8) on average, States using this electronic interstate case-processing system have been able to reduce from 24 business days to 13 business days the time it takes to identify a family for a child and prepare the paperwork required to start the ICPC process. SEC. 3. STATE PLAN REQUIREMENT.

(a) In General.--Section 471(a)(25) of the Social Security Act (42 U.S.C. 671(a)(25)) is amended--

(1) by striking ``provide'' and insert ``provides''; and

(2) by inserting ``, which, not later than October 1, 2026, shall include the use of an electronic interstate case- processing system'' before the 1st semicolon.

(b) Effective Date.--

(1) In general.--The amendments made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date.

(2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirement imposed by the amendments made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 4. GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.

Section 437 of the Social Security Act (42 U.S.C. 637) is amended by adding at the end the following:

``(g) Grants for the Development of an Electronic Interstate Case-processing System to Expedite the Interstate Placement of Children in Foster Care or Guardianship, or for Adoption.--

``(1) Purpose.--The purpose of this subsection is to facilitate the development of an electronic interstate case- processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines.

``(2) Application requirements.--A State that desires a grant under this subsection shall submit to the Secretary an application containing the following:

``(A) A description of the goals and outcomes to be achieved during the period for which grant funds are sought, which goals and outcomes must result in--

``(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines;

``(ii) improving administrative processes and reducing costs in the foster care system; and

``(iii) the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children.

``(B) A description of the activities to be funded in whole or in part with the grant funds, including the sequencing of the activities.

``(C) A description of the strategies for integrating programs and services for children who are placed across State lines.

``(D) Such other information as the Secretary may require.

``(3) Grant authority.--The Secretary may make a grant to a State that complies with paragraph (2).

``(4) Use of funds.--A State to which a grant is made under this subsection shall use the grant to support the State in connecting with the electronic interstate case-processing system described in paragraph (1).

``(5) Evaluations.--Not later than 1 year after the final year in which grants are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information:

``(A) How using the electronic interstate case-processing system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines.

``(B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate case-processing system, and the number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year.

``(C) The progress made by States in implementing the electronic interstate case-processing system.

``(D) How using the electronic interstate case-processing system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines.

``(E) How using the electronic interstate case-processing system has affected administrative costs and caseworker time spent on placing children across State lines.

``(6) Data integration.--The Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by--

``(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems);

``(B) simplifying and improving reporting related to paragraphs (34) and (35) of section 471(a) regarding children or youth who have been identified as being a sex trafficking victim or children missing from foster care; and

``(C) improving the ability of States to quickly comply with background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B).''. SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND STABLE FAMILIES.

Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is amended by striking ``2016'' and inserting ``2017''. SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF CHILDREN.

Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is amended by adding at the end the following:

``(4) Improving the interstate placement of children.--The Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2017 for grants under subsection (g), and the amount so reserved shall remain available through fiscal year 2021.''.

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Mr. YOUNG of Indiana. 4472, currently under consideration.

Mr. Speaker, there are a number of key points I would like to emphasize to explain how this legislation came to be and why I believe it is so important at this critical juncture.

First, my wife, Jenny, and I have four young children of our own. As a parent, I know I speak for millions when I say that every child deserves to grow up in a stable, loving home.

When the bond between parent and child is broken and children cannot safely return home, they deserve to be placed in a setting that is best for them, regardless of whether that is a home within their State or across a State line. However, due to various factors, children are languishing in the child welfare system, waiting to be placed with an adoptive family, a relative, or foster parents in another State.

One contributor is the fact that today, in order to place a child with a grandparent across a State line, caseworkers must literally print out hundreds of pages of paperwork, package it up, and mail case files to another State. The receiving State responds in kind, completing their portion, and then mailing the case file back. It is an antiquated process that, on average, takes more than 5 months to complete. At a time when communities, courts, and caseworkers across the country are already overwhelmed, this inefficient, paper-based placement process is simply unacceptable.

For children, the sooner we get them placed into a forever home, the better. I say this as someone with experience. Before entering Congress, I provided pro bono legal services for adoptive couples. These situations I have seen can be extremely hard on all parties, but none more so than the child.

You don't have to take my word for it. Statistics show that the longer a child remains in the child welfare system, the less likely they are to have successful outcomes later in life.

When proven interventions that can help these children present themselves, I believe it is our moral imperative to act. It is this belief that led to the solution we are discussing here today.

The Modernizing the Interstate Placement of Children in Foster Care Act would incentivize States to connect to an electronic interstate case processing system that has already been tested in a handful of States, including my home State of Indiana and the District of Columbia.

These pilot programs achieved substantial reductions in the time it took to place these children into forever homes, reducing the time a child waited by 30 percent. For a child, that means a month and a half less time being shuffled from foster home to foster home and from being taken in and out of school without a set routine.

In one pilot scenario, Indiana had an emergency request to place a child with a relative in Florida. Use of the system allowed both pilot States to exchange their case information the very same day, which, under the current system, could have taken weeks.

In another scenario, an urgent matter came to Florida's attention where a placement was breaking down and the child needed to be moved.

The way the interstate placement process currently works, this child could have been sent back into the overloaded foster care system and back into temporary care arrangements for another couple of months. Instead, Florida's use of this electronic system made a long-term placement of the child possible within 48 business hours.

We can expect to see more of these positive results as use of this electronic system is expanded.

Mr. Speaker, I thank my good colleague, Mr. Davis, and his staff for their hard work and his leadership on this effort.

She is a hardworking Member from my home State.

This bipartisan, bicameral bill was developed through a yearlong process, consulting with key stakeholders to make sure that there would be broad support. It involved a whole lot of painstaking work from staff members on the committee, both Republican and Democrat, and from Mr. Davis, who I commend once again for his leadership on this issue, and his staff. And I want to thank all of the stakeholders involved.

Mr. Speaker, I include in the Record letters of support from the American Public Human Services Association, the Children's Home Society of America, the Partnership for Strong Families, the Child Welfare League of America, the American Academy of Adoption Attorneys, and the County Welfare Directors Association of California. Association of Administrators of the Interstate Compact on the Placement of Children, Washington, DC, February 4, 2016. Re Support for H.R. 4472, ``Modernizing the Interstate Placement of Children in Foster Care Act''. Hon. Todd Young, House of Representatives, Washington, DC. Hon. Danny Davis, House of Representatives, Washington, DC.

Dear Representatives Young and Davis: The American Public Human Services Association (APHSA), and its affiliate, the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC), which represents state executives responsible for overseeing the interstate placement of children, would like to thank you for introducing and co-sponsoring H.R. 4472, Modernizing the Interstate Placement of Children in Foster Care Act.

This legislation will facilitate state participation in the National Electronic Interstate Compact Enterprise (NEICE), which is modernizing the now antiquated Interstate Compact on the Placement of Children (ICPC) administrative process. The bill complements our efforts to transform the ICPC by promoting policy changes and providing funding so that states may connect to the NEICE. Once fully operationalized, the NEICE will also be a valuable tool for addressing societal challenges that put children at risk, including the opiate and heroin epidemic, illegal rehoming of children, and sex trafficking.

Thank you again for introducing and co-sponsoring H.R. 4472, and for your steadfast leadership to improve the lives of children waiting for safe, permanent families. We strongly support your efforts to modernize the interstate placement of children through this legislation, and intend to work vigorously for its passage. Sincerely yours, Tracy Wareing Evans,

Executive Director, APHSA. Mical Anne Peterson,

President, AAICPC. ____ Children's Home Society, of America, Chicago, IL, January 19, 2016. Congressman Todd Young, Washington, DC.

Dear Congressman Young: Children's Home Society of America (CHSA) is proud to support the efforts of Congressman Young as he proposes to modernize and expedite the ability of states to place children across state lines and into forever homes.

The Modernizing and Interstate Placement of Children in Foster Care Act will replace an antiquated paper based system enabling not only greater efficiencies in the legal process of placing children but also create greater transparency and accountability in the overall process. By utilizing a nationwide computer based system, states will actually save money by reducing the administrative costs associated with complying with the ICPC, expedite communication between states and their placement systems and most importantly, reduce the time that children spend in the foster care system.

CHSA looks forward to supporting Congressman Young as he understands that no child should have to wait to be placed in a loving home simply because they must cross state lines. Sincerely, Sharon Osborne, Board Chair, Children's Home Society of America. ____ Strong Families, Inc., Gainesville, FL, March 4, 2016. Re Support for H.R. 4472, Modernizing the Interstate Placement of Children in Foster Care Act. Hon. Todd Young, House of Representatives, Washington, DC. Hon. Danny Davis, House of Representatives, Washington, DC.

Dear Representatives Young and Davis: First, many thanks for introducing and co-sponsoring H.R. 4472, Modernizing the Interstate Placement of Children in Foster Care Act. As the Immediate Past President of the Association of Administrators of Interstate Compact on the Placement of Children, it generates much excitement to see this legislation introduced. In a past position, I was the ICPC Compact Administrator for the State of Florida and had the opportunity to help develop the prototype for the electronic transmission process now realized through NEICE. It was our dream in Florida that one day this system could become a national reality. Good or bad, I must also confess that the acronym NEICE was my suggestion so in a couple of ways I feel like a parent to NEICE.

There is no doubt in my mind that implementation of this system in all fifty states, the District of Columbia, and the U.S. Virgin Islands will change the lives of thousands of children who await placement with relatives or adoption finalization in another state. The additional uses for NEICE are subject only to the minds of those who can identify other possibilities such as combating human trafficking cases and unregulated custody transfers (rehoming).

Thank you again for introducing and co-sponsoring H.R. 4472, and for your steadfast leadership to improve the lives of children waiting for safe, permanent families. The child welfare community strongly supports your efforts to modernize the interstate placement of children through this legislation, and intends to work vigorously for its passage. Sincerely yours, Stephen Pennypacker, Esq., President and CEO. ____ March 4, 2016. Hon. Charles Grassley, U.S. Senate, Washington, DC. Hon. Todd Young, House of Representatives, Washington, DC.

Dear Congressman Young and Senator Grassley: The Child Welfare League of America offers its endorsement of your legislation, H.R. 4472 and S. 2574, The Modernizing the Interstate Placement of Children in Foster Care Act.

We have long recognized the critical role that interstate placement of children has played in the timely placement of children in foster care and kinship care as well as its importance in promoting adoptions. Over the years it has become increasingly clear that these placements have been delayed to the significant detriment of children in need of permanence.

The recent efforts by the Department of Health and Human Services through the National Electronic Interstate Compact Enterprise or NEICE pilot project has demonstrated significant speed up in these interstate placements with some children seeing there wait times reduced by weeks and months. In addition, the system has reduced cost and paper work. The six pilot states that utilized NEICE demonstrated wait times reduced by 30% with participating states savings of $1.6 million per year in reduced copying, mailing, and administrative costs.

We solute your leaders on this legislation and are equally pleased by the bipartisan spirit as represented by the original co-sponsorship of Congressman Davis, Congresswoman Brooks, Senator Gillibrand, Senator Franken and Senator Peters.

Thank you for your work and advocacy on behalf of children. Sincerely, Christine James-Brown, President/CEO, Child Welfare League of America. ____ American Academy of Adoption Attorneys, American Academy of Assisted Reproductive Technology Attorneys, Washington, DC, February 16, 2016. Hon. Todd Young, Longworth House Office Building, Washington, DC.

Dear Representative Young: I write as the President of the American Academy of Adoption Attorneys to enthusiastically endorse H.R. 4472 on behalf of our organization. H.R. 4472 is a bill that provides swift stability and permanency to vulnerable children who are being placed in foster/adoptive homes or with guardians across state lines.

Drafted in 1960, the Interstate Compact on the Placement of Children (``ICPC'') exists to ensure protection for children in interstate placements. The ICPC requires every placement to be scrutinized for legality and appropriateness. It requires that children remain in the state of origin for weeks, or even months, while the required paperwork is mailed from the placing state ICPC's office to the new parent's home state's ICPC office.

The ICPC is well meaning, but by its very nature, slows down the process due to the paperwork and mailing burdens. A uniform legal framework offers valuable protections, but such protections must be weighed against the significant burden it imposes on children and families. With the advances in technology that have been used by other state and federal agencies for over a decade, the process can be significantly shortened and the most vulnerable members of our society can be provided permanency in stable loving homes. The centralized electronic system created by the passage of H.R. 4472 will be a victory for children, by expanding an electronic pilot program to all state and U.S. territories.

The pilot program has been an unqualified success. Since the pilot program was launched, the placement time for children placed through those pilot states has been reduced by 30 percent. Placement time has been reduced by 11 days. As a truly centralized system evolves, the efficiencies should be better and better.

The current slow ICPC process causes weeks, and sometimes months, of children languishing in their states of original residence. Social science and neuroscience research has confirmed that children need stable families to thrive. The paperwork barrier to quick foster/adoptive placements creates unnecessarily delays. One month in the life of a child at this vulnerable stage is an eternity. Further, the delay caused by an outdated mailing system can result in significant developmental issues and treatment costs. In many instances, such treatment costs are incurred by local, state and federal governments. Prospective parents willing to provide homes to children in need of families have been subjected to placement processes that are extraordinarily difficult, risky, expensive and time consuming; often requiring months of persistence and intervention by members of Congress. Most significantly, the number of unparented children able to find families has been severely limited while the life potential of those fortunate enough to find families through foster care, guardianship and adoption has been impaired by weeks and months of needless delay.

Reform must begin with our government's acknowledgement that every child has a fundamental human right to be raised in a permanent loving family and that foster care, guardianship and adoption are an important means for providing such families to children living outside of parental care. Additionally, by eliminating this unnecessary delay, H.R. 4472 will reduce the treatment costs incurred by local, state and federal governments.

We have come together as a community of child advocates to identify a process that will reform interstate adoption. We welcome the opportunity to discuss our request with you and members of your staff. Please note, the changes we are endorsing would have little budget impact. We look forward to working with you in support of swift passage of this bill. To simplify your communication with us, please feel free to contact our Director of Adoption, Denise Bierly on behalf of our group. Sincerely, Herb Brail, President, American Academy of Adoption Attorneys. ____ County Welfare Directors Association, Sacramento, CA. Re Support for H.R. 4472, ``Modernizing the Interstate Placement of Children in Foster Care Act''. Hon. Todd Young, House of Representatives, Washington, DC. Hon. Danny Davis, House of Representatives, Washington, DC.

Dear Representatives Young and Davis: The County Welfare Directors Association (CWDA), representing the human services directors in California's 58 counties, supports the Modernizing the Interstate Placement of Children in Foster Care Act.

The bill will modernize the Interstate Compact on the Placement of Children (ICPC) administrative process by replacing it with a successfully tested web-based electronic case processing system. The new National Electronic Interstate Compact Enterprise (NEICE) will change policies and provide funding to enable states and counties to connect to the NEICE to exchange data and documents across state jurisdictions so that our agencies may meet the unique needs of foster care children who may reside in another state. The proposed data exchange will enable state and counties more efficiently meet federal mandates for the timely services, placement and permanence of children in the foster care system, and will improve outcomes for children in foster care and their families.

Thank you again for introducing and co-sponsoring H.R. 4472. Please contact Tom Joseph, Director of CWDA's Washington Office, should you have any questions. Sincerely, Frank J. Mecca, Executive Director.

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Mr. YOUNG of Indiana. Mr. Speaker, I want to thank those stakeholders once again for all their help in getting this across the finish line.

I am hoping for broad and fulsome support from all Members of this Chamber. I hope we can all agree here today that we should do everything possible to get our most vulnerable children immediately placed into the setting that is best for them, regardless of State boundary lines.

I yield back the balance of my time.

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