Adoption Incentives Reauthorization Act of 2003

CONGRESSIONAL RECORD
SENATE
PAGE S14859
Nov. 12, 2003

Adoption Incentives Reauthorization Act of 2003

Mr. GRASSLEY. I too want to thank Senator Landrieu, and I would like to recognize Senator Bunning's efforts on this legislation.

Today we are passing the Adoption Incentives Reauthorization Act of 2003. It is particularly appropriate that we are doing so during National Adoption Month. Since the original Adoption Incentives Act was passed in 1997, the number of adoptions has doubled in 33 states. I am proud of this achievement and pleased that we are today continuing the authorization of this effective program.

Mrs. CLINTON. I too am pleased to reach this milestone. When my husband and I worked to establish the program in 1997, we hoped that this program would become half the success that it has. My husband set a goal of doubling the number of children adopted out of foster care and last month we finally achieved that goal. In New York City, the number of children in foster care has plummeted by more than half since 1997 due in large part to the increased focus on helping available children for adoption.

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Nevertheless we still have a long way to go. Over 580,000 children remain in foster care, 126,000 of them are ready and waiting to be adopted into a loving home. That is why this legislation is so important. And not only does it continue the incentives for States to help children with special needs be adopted out of foster care, it adds a new incentive to focus on older children-those over 9-whose chances of being adopted grow slimmer by the year. These vulnerable children face the greatest danger of aging out of foster care, a transition that is associated with lower educational outcomes, higher rates of teen pregnancy, higher rates of poverty, lower rates of employment, and many other negative factors.

Mr. GRASSLEY. I am pleased that this bill focuses on older children, thanks to the leadership of President Bush, and I hope when we revisit this legislation during the next reauthorization we will have seen the same remarkable results that we have seen over the past 5 years.

Mrs. CLINTON. Of course, as the number of children in foster care declines, as it has in New York City, it becomes increasingly difficult for states to qualify for adoption incentive awards. In order to receive such a bonus, states must exceed the highest number of adoptions they have achieved since the base year. Some have suggested that an alternative, and potentially more accurate, method for determining bonuses would be to look at the percentage of children in foster care who are adopted as opposed to the raw number.

Mr. GRASSLEY. I am aware that that method has been put on the table. However by adjusting the base year to 2002 and adding a new category of older children, we made it much easier for states to qualify for an adoption incentive bonus. Throughout the course of this reauthorization we talked to child welfare advocates and listened to their concerns about the way the incentives are awarded. The method we arrived at was reached through consensus and we have received very strong bi-partisan, bi-cameral support for the bill before us today. In fact, the House has already passed this legislation without opposition. By passing the same language here in the Senate, we are ensuring that President Bush will sign this important legislation into law sooner rather than later.

Mrs. CLINTON. I very much appreciate all the time that has gone into this act. And I am pleased that we are going to work together to have the General Accounting Office look into what is the best way to structure the adoption incentives formula so that when we consider this legislation in the future we will have thoroughly explored other methods for calculating bonuses.

Mr. GRASSLEY. I am also looking forward to a through study of this issue that can inform the next reauthorization.

Mrs. CLINTON. Now, there have been some news reports lately that have argued that the Adoption Incentives Program has put children in dangerous situations by creating a strong financial incentive to place children for adoption out of foster care without regard to their safety or well-being.

Mr. GRASSLEY. I have seen those reports and I disagree with their premise. The primary goal of the Adoption and Safe Families Act is to make the safety and well-being of children paramount in child welfare decisions. In addition, in order to receive funds under the Promoting Safe and Stable Families Program, states must develop a plan to assure safety and permanency for children who enter the state's foster care system.

Adoption assistance is minimal especially when you think about the cost of raising a child. Families who adopt are highly unlikely to adopt children for the financial benefit. Nationally payments made on behalf of an eight-year-old average only $14 per day. This is a fraction of what the Department of Agriculture suggests is needed to raise a child.

Mrs. CLINTON. I absolutely agree. And I would build on your remarks by adding that if States are not making the safety and well-being of the child paramount they are endangering their Title-IV-E funds, which is a much larger pot of money than the small amount they receive as a bonus under the Adoption Incentives Program. However, I would also add that it becomes increasingly difficult to guarantee the safety of each child under the care of the State when caseworkers are responsible for excessive caseloads and do not have the training to effectively serve the children in the child welfare system.

I would also add that I believe the next important step we need to take to make all adoptions out of foster care successful is to dedicate more resources to post-adoption services, including respite care, mental healthcare, and educational services.

Mr. GRASSLEY. I agree that we have to focus on the full range of adoption services. We have not improved the lives of abused and neglected children if they are adopted only to be returned to foster care because the families that adopted them didn't have the support they needed to care for them. This is not good for these kids.

Mrs. CLINTON. One way that we might consider to help States provide the full range of adoption services is to tap into the pot of unspent funds in the Adoption Incentives Program. Last year $45 million was appropriated for the purpose of awarding bonuses, but only $18 million was actually awarded. I believe these funds have been retained by HHS for the purpose of awarding future bonuses, but with the great need for child welfare funds, I believe these funds would be better spent this year on post-adoption services or in bonuses for States that have increased the percentage of children adopted out of foster care.

Mr. GRASSLEY. I agree that funds appropriated for the Adoption Incentives Program should be spent on child welfare. While we may disagree about how exactly those funds should be spent, we are in agreement that they should be used to improve the lives of abused and neglected children. I know that there is interest among members of the Finance Committee to see that these unspent funds are used to improve the lives of children and I hope we can all work together to address this in the future.

Mrs. CLINTON. I thank Senator GRASSLEY for his leadership and his commitment to America's most vulnerable children. I look forward to working with him in the future.