Safe and Timely Interstate Placement of Foster Children Act of 2004

SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2004 -- (House of Representatives - October 05, 2004)

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Mr. CARDIN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, when a child in foster care is waiting for a loving home, they should not have to wait an extra year to be placed in that home solely because it exists in another State.

Unfortunately, that is exactly what happens in many cases today. The interstate placement of foster children is too often delayed by bureaucratic red tape, the lack of communication, differing standards among States, insufficient resources, and sometimes just plain indifference. The truth is that when one is dealing with an out-of-state placement, a particular State does not give it the same attention it does to a placement within its own State. I therefore support this legislation to encourage States to expedite the appropriate placement of children across State lines.

The bill before us calls upon States to update a compact that dictates the process for interstate placement, and it requires States to expeditiously conduct home studies for children coming from other States.

Concluding these home studies, which evaluate whether prospective foster or adoptive parents can provide a safe and caring home for a child, has been one of the primary barriers to placing children across State lines.

The legislation attempts to focus States' attention on this problem by requiring the completion of home studies within 60 days and by offering financial bonuses for every study that is completed within 30 days.

I want to congratulate and thank the distinguished gentleman from Texas (Mr. DeLay), majority leader, for bringing this legislation forward and for working with both sides of the aisle to try to perfect this bill and to make it one that we hope can be enacted this year.

As a result of those discussions, some important changes have been made, and let me just point them out. First, the revised legislation now exempts the training of the foster and adoptive parents from both the 60- and 30-day home study timetables. Many States help prepare prospective adoptive and foster parents, and sometimes this training can take up to 3 months. We want to encourage such efforts; and, therefore, the new bill does not count training against a home study requirement and bonus.

Second, we recognize that factors beyond a State's control, such as waiting for an FBI background check or medical records, can sometimes prolong the home study process. The revised bill therefore gives States an additional 15 days, for a total of 75 days, to complete the home study in such circumstances.

And, finally, the new bill increases the bonuses for home studies completed within 30 days to $1,500 and clarifies that the $10 million a year will be authorized for these bonuses for the next 4 years. So the States can really plan on these new roles.

I should point out that one controversial provision remains in the bill that is not directly related to the goal of expediting interstate placements. The bill would eliminate the ability of States to determine their own standards for placing children with relatives of adoptive parents who have committed criminal offenses in the past. Mr. Speaker, my own State already complies with Federal standards in this area; and, therefore, I am not opposed to that provision in the bill. However, I understand that New York, California, and seven other States want the flexibility to make placement decisions on past offenses that may have happened many years ago. Those nine States now opt out of the Federal standards, an option that would be eliminated by this legislation. However, the revised bill does delay the effect of this change for 2 years, giving the States more time to modify those procedures.

Mr. Speaker, we have 500,000 children in foster care of which over 100,000 are ready for adoption. We need to remove barriers between these children and loving homes, and this bill takes a modest, but meaningful, step in that direction.

In closing, once again let me compliment the majority leader for allowing this Congress to focus on the issues of foster children. We have been able to do that in a bipartisan manner, and we have made some very constructive changes that have helped our most vulnerable children, and I congratulate him on this legislation.

Mr. Speaker, I reserve the balance of my time.

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Mr. CARDIN. Mr. Speaker I yield 4 minutes to the distinguished gentleman from Washington (Mr. McDermott), a member of the Committee on Ways and Means.

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Mr. CARDIN. Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Watson).

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Mr. CARDIN. Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from California (Mr. Cardoza), one of the cosponsor of this legislation.

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Mr. CARDIN. Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Alabama (Mr. Cramer).

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Mr. CARDIN. Mr. Speaker, I yield myself such time as I may consume.