Promoting Safe and Stable Families

Section-by-Section Summary

The bill extends and amends the Promoting Safe and Stable Families (PSSF) program under title IV-B-2 of the Social Security Act, and adds new authority to support programs mentoring children of prisoners; amends the Foster Care Independent Living program under title IV-E of the Act to provide for educational and training vouchers for youths aging out of foster care; and makes other amendments.

SEC. 1. SHORT TITLE; REFERENCES IN ACT.

This section provides the short title of the bill and provides that except as otherwise noted, amendments made by this bill are amendments to the Social Security Act (the Act).

TITLE I-PROMOTING SAFE AND STABLE FAMILIES

Part A-Grants to States for Promoting Safe and Stable Families

SEC. 101. FINDINGS AND PURPOSE.

Section 101 amends section 430 of the Act in its entirety, adding a statement of findings and amending the statement of purpose. The authorization of appropriations and reservation of funds provisions are deleted; section 106 of the bill relocates and amends these provisions in a new section 436 of the Act.

The findings as to the need for the PSSF program include: the effectiveness of family support programs directed at vulnerable populations; the extensive and intensive nature of family preservation services; the importance of prompt availability of services as a factor in successful family reunification under the Adoption and Safe Families Act of 1997 (ASFA); and the rapid growth in adoptions under the ASFA and the attendant need for post-adoption services and providers capable of addressing the unique issues of adoptive families and children.

Section 430 currently declares that the purpose of the PSSF program is to enable States to develop, expand, and operate programs providing four specified services: community-based family support services, family preservation services, time-limited family reunification services, and adoption promotion and support. As amended, this provision emphasizes the importance of coordination of these four service programs. Language is also added stating the objectives that these programs are intended to achieve, including safety of children; addressing family problems to preserve intact families or permit family reunification in appropriate cases; and supporting adoptive families.

SEC. 102. DEFINITION OF FAMILY SUPPORT SERVICES.

Section 102 amends the definition of "family support services" in section 431(a)(2) of the Act to include strengthening parental relationships and promoting healthy marriages.

SEC. 103. REALLOTMENTS.

Section 103 amends section 433 of the Act to add a new subsection (d) (REALLOTMENT), making unneeded portions of State allotments under section 433 available for reallotment to other States, under the allotment methodology used for basic grants under that section.

SEC. 104. PAYMENTS TO STATES.

Section 104 amends section 434(a) of the Act to delete obsolete paragraph (2), a special rule for fiscal year 1994, and makes conforming amendments.

SEC. 105. EVALUATIONS, RESEARCH, AND TECHNICAL ASSISTANCE.

Section 105 amends section 435 of the Act (EVALUATIONS) to add provisions concerning research and technical assistance.

New section 435(c) requires the Secretary to give priority consideration in research and evaluation to: (1) promising program models in the four service categories, particularly time-limited family reunification services and post-adoption services; (2) multi-disciplinary service models addressing parental substance abuse and its impact on children; (3) the efficacy of approaches directed at families with specific problems and with children of specific age ranges; and (4) the outcomes of adoptions finalized after enactment of the Adoption and Safe Families Act of 1997.

New section 435(d) directs the Secretary to provide technical assistance to help States to: (1) identify families with specific risk characteristics for intervention; (2) develop treatment models that address the needs of families; (3) implement programs with well-articulated theories of how intervention will help families; (4) establish mechanisms to ensure that service provision matches treatment model factors; and (5) establish mechanisms to ensure that post-adoption services meet the needs of individual families and develop models to reduce disruption rates of adoption.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.

Section 106 adds a new section 436 (AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS). The current authorization of appropriations is increased from $305,000,000 to $505,000,000 for each of FYs 2002 through 2006. The provisions reserving certain portions of annual appropriations to the Secretary for specified purposes are amended

· to increase the annual reservation for research, training, technical assistance, and evaluation (currently $6,000,000) to $15,000,000 for FY 2002 and $20,000,000 for each of FYs 2003 through 2006, and to provide that, of that amount, at least $$9,000,000 for FY 2003, and at least $14,000,000 for each of FYs 2003 through 2006, must be spent for research;

· to increase from $10,000,000 to $20,000,000 the annual reservation for grants to State courts; and

· to increase from 1 percent to 2 percent the annual reservation for allotment to Indian tribes.

SEC. 107. STATE COURT IMPROVEMENTS.

Section 107 relocates and redesignates, as section 437 of the Act, section 13712 of the Omnibus Budget Reconciliation Act of 1993, which provides for a grant program to State courts for assessment and improvement of the handling of foster care and adoption proceedings. This section also amends the statement of program purposes to include implementing improvements deemed necessary, as a result of assessments, to promote more timely court actions that provide for safety of children in foster care and expedite their placement in appropriate permanent settings. Finally, this section makes conforming amendments.

Part B-Mentoring Children of Prisoners

SEC. 121. PROGRAM AUTHORIZED.

IN GENERAL.

Section 121(a) adds to title IV-B, subpart 2, of the Act (the PSSF program authority) a new section 438, providing for grants to local governments for programs for mentoring of children of prisoners, with the following provisions:

FINDINGS AND PURPOSE.

Section 438(a)(1) declares findings as to the need for the program provided by this new section, including findings that-

· the number of children with an incarcerated parent increased by more than 100 percent from 1991-1999, from approximately 900,000 to approximately 2,000,000;

· 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children prior to incarceration;

· nearly 90 percent of the children of incarcerated fathers live with their mothers, and 79 percent of the children of incarcerated mothers live with a grandparent or other relative;

· parental arrest and confinement lead to a variety of emotional, health, and educational problems for children; [and

· a widely-cited 1995 Public/Private Ventures study of the Big Brothers/Big Sisters mentoring program found the program achieved significant improvements in participating children's lives: substantial reductions in first-time drug and alcohol use and in school absenteeism; improved parental and peer relationships, and improved confidence and academic performance

Section 438(a)(2) declares that the purpose of the program is to provide for competitive grants to local governments with substantial numbers of children of incarcerated parents, to enable them to support the establishment or expansion and operation of programs using a network of public and nonprofit private community entities, including religious organizations, to provide mentoring services for children of prisoners.

DEFINITIONS.

Section 438(b)(1) defines "children of prisoners" to mean children one or both of whose parents are incarcerated in or recently (as defined by the Secretary) paroled or released from a Federal or State correctional facility. The term includes children in an ongoing mentoring relationship in a program under this section at the time of their parents' release from prison, for purposes of continued participation in the program.

Section 438(b)(2) defines "mentoring" to mean a structured, managed program in which individual children are matched with appropriate adult volunteers for one-on-one relationships intended to meet a part of the child's need for involvement with a caring and supportive adult who provides a positive role model.

Section 438(b)(3) defines "mentoring services" to mean those services and activities that support a mentoring program, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.

PROGRAM AUTHORIZED.

Section 438(c) provides that the Secretary, after reserving certain funds in accordance with section 438(g)(2), shall make grants for each of FYs 2002 through 2006 to local governments in areas that have significant numbers of children of prisoners and that meet the application requirements, including two-thirds of such amount in grants of up to $5,000,000, and one-third of such amount in grants up to $10,000,000.

APPLICATION REQUIREMENTS.

Section 438(d) provides that, in order to be eligible, the local government, council of governments, or other unit of government will submit to the Secretary an application containing the following:

PROGRAM DESIGN.-A description of the proposed local program, including:

· a list of public and private organizations that will participate in the program;

· the name, description, and qualifications of the entity that will coordinate and oversee the program;

· such information as the Secretary may require concerning the methods to be used to recruit, screen, support, and oversee individuals participating as mentors (including criminal background checks on such individuals), and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary; and

· such other information as the Secretary may require.

COMMUNITY CONSULTATION; COORDINATION WITH OTHER PROGRAMS.-A demonstration that, in developing and implementing the program, the program, to the extent feasible and appropriate, will:

· consult with public and private community entities, including religious organizations, and including, as appropriate, Indian tribal organizations and urban Indian organizations, and with families of potential clients.

· coordinate the programs and activities under the program with other Federal, State, and local programs serving children and youth; and

· consult with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies.

EQUAL ACCESS FOR LOCAL SERVICE PROVIDERS.-An assurance that local public and private entities and community organizations, including religious organizations and Indian organizations, will be eligible for funding on an equal basis.

SUPPLEMENTATION ASSURANCE.-An assurance that Federal funds to the local government will not be used to supplant Federal or non-Federal funds for existing programs that promote the purpose of this section.

BIENNIAL PROGRAM REPORT.-An agreement that the local government will submit to the Secretary, after the second year of funding and every second year thereafter, a report that describes:

· the grant requirements used to award grants;

· the measurable goals and outcomes, and the extent to which they were achieved;

· a description of the services provided by each program received assistance from the local government program;

· the number of children and families served by each project;

· other information required by the Secretary.

RECORDS, REPORTS, AND AUDITS.-An agreement that the local government will maintain records and cooperate with reviews or audits as the Secretary may find necessary for oversight purposes.

EVALUATION.-An agreement that the local government will cooperate with the Secretary's evaluation of the plan's program and will provide access to program-related records, staff, and grantees.

EXTENT OF LOCAL-STATE COOPERATION.-A statement as to whether, and the extent to which, the State government will support and cooperate with the local program.

FEDERAL SHARE.

Section 438(e)(1) provides that a grant for a program under this section shall be available to pay a share of program costs equal to up to 80 percent for the first fiscal year of program funding, 60 percent for the second, 40 percent for the third, and 20 percent for each succeeding fiscal year.

Section 438(e)(2) provides that the non-federal share of the cost of activities under the plan may be in cash or in kind. The Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.

CONSIDERATIONS IN AWARDING GRANTS.

Section 438(f) provides that in awarding grants, the Secretary may consider:

· the experience, qualifications, and capacity of local governments and networks of organizations to effectively carry out the mentoring program.

· the comparative severity of need for mentoring programs in given local areas;

· the extent of State support of and cooperation with the local mentoring program;

· evidence of consultation with existing youth and family service programs, as appropriate; and

· any other factors the Secretary may deem significant in carrying out a mentoring program under this section.

AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS.

Section 438(h) authorizes appropriations for the mentoring program of $67,000,000 for FY 2002 and such sums as necessary for each of FYs 2003 through 2006. The Secretary is to reserve 2.5 percent of each year's appropriations for research, technical assistance, and evaluation.

TITLE II-FOSTER CARE AND INDEPENDENT LIVING

SEC. 201. ELIMINATION OF OPT-OUT PROVISION FOR STATE REQUIREMENT TO CONDUCT CRIMINAL BACKGROUND CHECK ON PROSPECTIVE FOSTER OR ADOPTIVE PARENTS.

This section amends section 471(a)(20) of the Act to eliminate the opt-out provision for the requirement that States conduct criminal background checks on prospective foster and adoptive parents.

SEC. 202. EDUCATIONAL AND TRAINING VOUCHERS FOR YOUTHS AGING OUT

OF FOSTER CARE.

This section amends the Foster Care Independent Living (IL) program under title IV-E of the Act to provide for State programs of vouchers to youths who age out of foster care, for education and training to help them develop skills to lead independent and productive lives.

Section 202(a) amends section 477(a) of the Act (PURPOSE) to provide that it is a purpose of the program to make educational and training vouchers available to youths who have aged out of foster care.

Subsection (b) adds a new subsection (i) to section 477, specifying conditions that must be met by State educational and training voucher programs. In addition to making vouchers available to youths otherwise eligible to participate in the IL program (that is, youths who have aged out of foster care and have not attained age 21), the State program must provide the following:

· Youths adopted from foster care after attaining age 16 are to remain eligible for vouchers on the same terms as other IL youths.

· Youths participating in the voucher program on the date they attain age 21 remain eligible until age 23, while enrolled in a full-time postsecondary education or training program and making satisfactory progress toward completion of that program.

· Vouchers are available only for the costs of attendance at an institution of higher education (including a vocational training institution), as defined in section 102 of the Higher Education Act of 1965 (HEA). This definition includes tuition, room and board, and other specified expenses related to the cost of participating in an education or training program. The vouchers for an eligible youth in a year are limited to the lesser of $5,000 or the actual incurred costs of attendance at such an institution.

· Vouchers shall be disregarded for purposes of determining eligibility or benefit amounts under any other Federal or Federally supported assistance program, except that the total amount of educational assistance to a youth under all such programs cannot exceed the total cost of attendance, and except that the State agency must take appropriate steps to prevent duplication of benefits under this and other Federal and Federally supported programs.

· The program is coordinated with other appropriate education and training programs.

Subsection (c) amends section 477(b)(3) of the Act (certifications by the Governor) to require certification that the State plan is in compliance with the conditions of new section 477(i), including a statement describing the methods the State will use to ensure that educational assistance to individual youths does not exceed the limits described above, and to avoid duplication of benefits under this and other Federal and Federally assisted benefit programs.

Subsection (d) amends section 477(h) of the Act (limitations on authorizations of appropriations) to authorize appropriation of an additional $60,000,000 for each of FYs 2002 through 2006 for educational and training vouchers for eligible youths. Subsections (e) and (f) make corresponding adjustments to the provisions for allotment (section 477(c)) and payment (section 474(a)(4)). Subsection (f) also amends the payment formula in section 474(a)(4) to correct drafting errors in the amendments made by P.L. 106-169, the Foster Care Independence Act of 1999.

TITLE III-EFFECTIVE DATES

SEC. 301. EFFECTIVE DATES.

Section 301 provides that, in general, the amendments made by this Act shall take effect October 1, 2001, and the amendments made by section 201 shall take effect on the date of enactment. This section provides a grace period to allow States to enact new legislation to comply with requirements imposed by the bill.

© Fostering Families' Magazine

Credits: Karen Huey White