By Miriam A. Rollin, Esq.
NACC Policy Representative

Summer, 2003 Edition (Tuesday, September 09, 2003)

National Association of Counsel for Children (NACC)
Denver, CO
888-828-NACC
www.NACCchildlaw.org
Click Here for Previous NACC Policy Updates

FY 2004 FUNDING
As described in previous Guardian policy updates, on February 3, President Bush released his proposed FY04 Federal Budget, and related legislative proposals. Most child welfare programs would be kept at – or close to – current funding levels (Child Welfare Services, Child Abuse Prevention and Treatment Act, and the Social Services Block Grant). However, the Promoting Safe and Stable Families program would be funded at the authorized level ($505 million, which is $100 million above the FY03 level); similarly, the Independent Living education voucher program would be funded at the authorized level ($60 million, which is an $18 million increase from the FY03 level).

In the Education Department budget, proposals would cut after-school investments by 40% (from $1 billion to $600 million) – a dangerous prospect from a delinquency prevention perspective. In fact, as to delinquency: in the Department of Justice, the proposed budget would eliminate the newly-authorized (and newly-improved) $249 million (’02 level) Juvenile Accountability Block Grant (JABG) program, and would fund the Title V Delinquency Prevention Grants program at $77 million ($95 million had been the level for ’02 and for several years prior).

On April 11, the House and Senate (on largely party-line votes) adopted a final FY04 Budget (House/Senate Conference Report version) that included funding levels similar to those in the President’s proposed budget. Then, in late June, the House and Senate Appropriations Committees voted out an FY04 appropriations bill (H.R. 2660, S. 1356) for the Departments of Health and Human Services (where the child welfare programs are housed) and Education (where the after-school program is housed). The House passed that Appropriations bill in mid-July, although the full Senate has not yet completed action on it.

The House and Senate HHS/Education appropriations bills adopted the President’s proposals to level-fund most child welfare programs, although the bills failed to include the President’s proposed increases in Promoting Safe and Stable Families and the Independent Living Vouchers. Fortunately, both the House and Senate bills rejected the proposed 40% cut in after-school program funding, but no new funds were provided to enhance the quality of local after-school activities or to reach more eligible kids.

In late July, the House passed the Justice Appropriations bill for FY04 (H.R. 2799). The House bill restores most of the President’s proposed cut in Title V (Delinquency Prevention) funding (the House level is $92 million), but restores only $100 million for the JABG program (previously funded at $249 million). On September 4, the Senate Appropriations Committee adopted a Justice Appropriations bill for FY04 (S. 1585). The Senate bill funds the Title V Prevention Program at only $50 million (half of which is earmarked for alcohol abuse prevention), and fails to provide any funding for the JABG program.

The HHS/Education appropriations bill is now being considered on the Senate floor, and the Senate will soon take up the Justice funding bill.

PRESIDENT’S PROPOSED FOSTER CARE BLOCK GRANT
The most potentially damaging proposal in the child welfare part of the President’s proposed budget is a proposal for “optional” state block grants for foster care under Title IV-E. This would allow states to elect “fewer administrative burdens” and “flexible grants”, in exchange for losing the open-ended entitlement – and child protection guarantee – nature of Title IV-E. (Under current law, states get federal foster care reimbursements for however many children are eligible, and states must abide by certain federal requirements as to how they address the needs of those children.) There is still no proposed legislation on this child welfare proposal yet (just some vague descriptions), so we have more questions than answers about it, at this point. Foster care block grant legislation could be introduced in Congress shortly; the House could move the legislation forward this year, although Senate action before 2004 is extremely unlikely.

SOCIAL SERVICES BLOCK GRANT
The Social Services Block Grant, despite its generic and unappealing name, is the largest single source of federal support for child welfare services (bigger than “Child Welfare Services”, or “Promoting Safe and Stable Families”, or CAPTA funds); further, child welfare expenditures are the biggest category of SSBG spending (other categories include child care, youth services, senior services, etc.). Restoration (over two years) of the Social Services Block Grant (SSBG) program from the current level of $1.7 billion to the previously-authorized level of $2.8 billion is included in the latest incarnation of the federal “faith-based initiative” legislation in the Senate (S. 476, a bi-partisan bill), which was approved by the Senate on 4/9/03, with a vote of 95-5. Companion legislation in the House – H.R. 7, which includes the charitable contribution deduction for non-itemizers provision, but not the SSBG restoration provision – is scheduled to be marked-up in the House Ways and Means Committee on September 9. Also pending in (awaiting action by) the House Ways and Means Committee is H.R. 1858, the Social Services Block Grant Restoration Act, introduced on April 29 by Rep. Nancy Johnson (R-CT) and Rep. Sander Levin (D-MI), which also restores SSBG to the $2.8 billion level. H.R. 1858 is cosponsored by several other key members of the Ways and Means Committee – who should therefore support SSBG restoration to $2.8 billion as part of H.R. 7 mark-up September 9 – including: Rep. Camp (MI), Rep. English (PA), Rep. Houghton (NY), and Rep. Ramstad (MN).

CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA)
CAPTA reauthorization legislation (which had gone through the House of Representatives last year, and had gone through Senate Committee but had not been enacted) was back on the Congressional “plate” this year. The Senate passed a CAPTA reauthorization bill (S. 342) by unanimous consent on March 19, and the House passed its CAPTA reauthorization bill, H.R. 14, on March 26. The bills make only modest changes (including some improvements) in the CAPTA programs; the bills add to the GAL requirement that a GAL “has received training appropriate to the role” – a positive change. This final House/Senate conference report version was approved by both the House and Senate in mid-June, and enacted as Public Law 108-36.

WELFARE/CHILD LEGISLATION, FAMILY OPPORTUNITY ACT
Welfare Reform (TANF) and Child Care (CCDBG) Reauthorization: As noted in the last Guardian update, the House passed legislation to reauthorize these programs (H.R. 4) in mid-February. The Senate Committee on Health, Education, Labor and Pensions – which has jurisdiction over the discretionary CCDBG funding authorization – reported out reauthorization legislation (S. 880) in April. The TANF/Mandatory CCDBG part of reauthorization is expected to be marked-up in the Senate Finance Committee on September 10. After the Finance Committee reports out their bill, it will be joined with S. 880, and considered on the Senate floor. At the same Senate Finance Committee meeting on September 10, the Family Opportunity Act will be marked up; this legislation will provide assistance for states to enable adoptive parents of special needs children to purchase (on a sliding-fee scale) Medicaid health coverage.

CRIMINAL CHILD ABDUCTION AND CHILD SEXUAL EXPLOITATION
On April 30, President Bush signed into law a bill (S. 151) that included “Amber Alert” provisions, enhanced crimes and penalties against child sexual exploitation, etc.; the bill became Public Law 108-21.

RUNAWAY/HOMELESS YOUTH, MISSING CHILDREN REAUTHORIZATION
On May 20, the House voted 404-14 to pass H.R. 1925 – a bill to reauthorize programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act. A Senate companion bill, S. 1451, was introduced in late July by Senators Hatch (R-UT) and Leahy (D-VT). Senate Judiciary Committee mark-up is expected on September 11.

LIFESPAN RESPITE CARE
The Lifespan Respite Care Act, to assist families in accessing affordable respite care (S. 538) passed the Senate by unanimous consent on 4/10/03; and H.R. 1083, a House bill on the subject, was introduced March 5, 2003; there has been no further action in the House.

OTHER LEGISLATION OF INTEREST
There has been no Committee or floor action on the following:

The Mentally Ill Offender Treatment and Crime Reduction Act (S. 1194), which provides a modest new funding authorization to foster local collaborations to ensure that mental health treatment is provided in appropriate settings, thereby avoiding unnecessary and ineffective use of criminal and juvenile justice system resources (S. 1194 was introduced by Sen. DeWine (R-OH) in early June, and a Judiciary Committee hearing was held in late July; Senators Hatch (R-UT) and Leahy (D-VT) – leading Judiciary Committee members – are among the cosponsors; a House companion bill, H.R. 2387, has also been introduced);

Legislation to amend Title IV-E of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas (H.R. 443, S. 331);

The Child Protection and Alcohol and Drug Partnership Act (S. 614, introduced 3/13/03 by Senators Snowe and Rockefeller);

The Adoption Equality Act, to promote the adoption of children with special needs, by “de-linking” eligibility from the old AFDC standards (S. 862, introduced 4/10/03 by Senators Rockefeller and DeWine);

The Child Protective Services Improvement Act (H.R. 1534, introduced 4/1/03 by Representatives Miller and Cardin as an alternative to the Administration-proposed foster care block-granting);

A bill to provide for the protection of unaccompanied “alien” children, including ensuring access to counsel (S. 1129, introduced by Sen. Feinstein (D-CA) and a bi-partisan group of cosponsors on May 22, and referred to the Judiciary Committee);

Legislation to revise the Indian Child Welfare Act (H.R. 2750, introduced on 7/15/03);

Several bills providing for loan forgiveness for personnel in the child welfare system (for social workers: S. 409 by Senators DeWine and Rockefeller, and House companion bill H.R. 734; for attorneys: S. 407 by Senators DeWine and Rockefeller; and for child welfare workers, certain teachers, nurses, etc.: H.R. 1306 by Rep. Miller);

A bill (H.R. 2437, the Child Protective Services Workforce Improvement Act), sponsored by Rep. Stark, inter alia, to provide grants to state child welfare systems to improve quality standards and outcomes, and to authorize loan forgiveness to certain students who choose to become child welfare workers; and

A bill (H.R. 1378) to amend Title IV-E of the Social Security Act to increase payments to States for expenditures for short term training of staff of certain child welfare agencies (introduced March 20, 2003 by Rep. Weller).
Don’t forget: you can use the web to “surf” bills, committee reports, floor debate and votes, committee assignments, etc. Just go to thomas.loc.gov and you’ll find what you need! Also, the U.S. Capitol Switchboard (to contact any Senator or Representative) can be reached at (202)225-3121.