Overview
Title
An Act To reauthorize child welfare programs under part B of title IV of the Social Security Act and strengthen the State and tribal child support enforcement program under part D of such title, and for other purposes.
ELI5 AI
H.R. 9076 is a bill that wants to make it easier and better for families and children, especially those in difficult situations, by updating rules and funds to help them, but some parts might not be very clear or fair.
Summary AI
H.R. 9076, known as the “Supporting America’s Children and Families Act,” reauthorizes and modernizes programs to support child welfare in the U.S. This bill aims to improve child support services, streamline funding, enhance data collection, and update preventative and support services for families and children in foster care. It also addresses issues related to poverty-driven neglect and seeks to enhance the relationship between incarcerated parents and their children in foster care. Additionally, this legislation extends its focus to include tribal child support enforcement and involves the tribes in strengthening these services.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The bill titled "Supporting America’s Children and Families Act," focuses on reauthorizing and enhancing child welfare programs under the Social Security Act. It aims to expand support for families, modernize child welfare practices, and improve the effectiveness of state and tribal child support enforcement programs. This legislation contains provisions for reauthorization of funding for child welfare programs, enhancing court improvement initiatives, addressing parental substance use, improving support for aging-out foster youth, and addressing child neglect linked to poverty. Additionally, it seeks to provide tribal agencies with equitable access to certain federal resources and information.
Summary of Significant Issues
Several issues arise from the bill's provisions. One key concern is the ambiguity and potential for wasteful spending related to the funding increases for addressing parental substance use disorders. The bill lacks clear justification for specific fund allocations, which could lead to inefficient use of resources. The technical complexities and potential administrative cost increases concerning tribal child support enforcement pose another challenge, as these amendments involve intricate changes to existing tax codes.
Moreover, the enhancements proposed for court improvement programs, particularly those involving technological upgrades for remote hearings, may suffer from inadequate implementation due to unclear funding allocations. The section on data collection improvements for youth in residential treatment programs is vague about timelines and benchmarks, risking a lack of effective progress measurement. Similarly, the mandate for post-adoption services reports does not outline penalties for delays, which could impact accountability.
Impact on the Public
The bill's broad intent is to ensure better protection and support for children and families across the United States. By extending funding and enhancing services, it seeks to improve the conditions under which child welfare operations are conducted. The potential introduction of more advanced technology into court proceedings might make processes more efficient, ultimately benefiting the public by reducing costs related to physical court appearances.
However, the lack of clarity and precise details on fund allocation and planning may lead to inefficient resource use and potential taxpayer concerns. Without explicit oversight or evaluation mechanisms, there's a risk that some initiatives could result in wasteful spending without substantial public benefit.
Impact on Specific Stakeholders
For child welfare agencies and those directly involved in implementing these programs, the bill could offer expanded resources and improved infrastructure to assist children and families more effectively. However, the administrative complexities and unclear guidelines could pose significant challenges, requiring additional training and resources that are not currently covered.
Tribal agencies, which may benefit from more equitable access to federal resources and support, could find the intricacies of implementation daunting due to the complex amendments and changes in reporting requirements. Without proper support and clarification, these stakeholders might face increased administrative burdens.
Overall, while the bill provides opportunities for significant positive impacts in the child welfare domain, the potential administrative obstacles and lack of clear guidelines or evaluation criteria could hinder effective implementation. It is crucial for lawmakers to address these challenges to ensure the bill fulfills its intended purpose efficiently and equitably.
Financial Assessment
H.R. 9076, known as the "Supporting America’s Children and Families Act," includes various financial allocations aimed at enhancing child welfare and support systems across the United States. This commentary examines the financial elements of the bill discussed in specific sections and analyzes related issues.
Financial Allocations
Several sections in the bill detail specific financial allocations:
Section 103 involves the reauthorization of child welfare programs. It specifies $420,000,000 annually for fiscal years 2026 through 2029 for enhanced support under subpart 2 of title IV of the Social Security Act. Additionally, there is a funding limitation set at $10,000,000.
Section 104 pertains to enhancements in the court improvement program, setting aside funds of $40,000,000 for fiscal year 2026 and each succeeding fiscal year. This funding aims to support improvements including technological upgrades for remote hearings.
Section 105 addresses parental substance use disorders, allocating $30,000,000 for fiscal year 2026 and future years to expand regional partnership grants.
In Section 108, $5,000,000 is reserved for preventive services evaluation partnerships for each fiscal year from 2026 to 2029.
Section 110 notably allocates $10,000,000 annually from 2026 to 2029 for kinship navigator programs, assisting families that care for related children.
Section 112 mentions an increase in funding for caseworker visits, allocating $26,000,000 for each fiscal year starting in 2026. This funding aims to improve the quality of caseworker visits.
Section 113 authorizes up to $35,000,000 per year from 2026 to 2029 for demonstration projects fostering relationships between foster children and their incarcerated parents.
Relation to Identified Issues
The financial allocations in the bill relate to several identified issues:
Justification of Amounts: Sections 105 and 113 authorize significant funding without clearly outlining the justification for these specific amounts. This lack of transparency could lead to concerns about potential wasteful spending. For instance, the large sum earmarked for addressing parental substance use disorders might not effectively address the issue without clear guidelines or criteria for its allocation.
Complex Changes: In Section 202, while addressing improvements in tribal child support enforcement, complex changes in the tax code could lead to increased administrative burdens and potential misunderstandings, unless properly managed with adequate resources.
Data Collection Guidance: Section 114 addresses improving data collection for youths in residential treatment programs but lacks specific timelines or benchmarks. This lack of clarity might result in challenges in assessing outcomes and could necessitate unplanned financial resources for effective implementation.
Vague Definitions: The term “sufficient planning” in Section 105 is not clearly defined. This ambiguity regarding waivers for the planning phase could lead to inconsistent application, necessitating unforeseen expenditures to rectify disparities or misapplications.
Monitoring and Accountability: Section 116 requires a report on post-adoption services, yet it fails to enforce consequences for delays, which might lead to an uneven allocation of financial resources and a lack of accountability in spending.
Overall, while H.R. 9076 provides substantial financial resources to improve child welfare services, the success of these allocations hinges on careful monitoring and comprehensive implementation guidelines to prevent wasteful spending and ensure equitable resource distribution.
Issues
The language and provisions in SEC. 105 regarding the increase in funds for parental substance use disorders lacks clear justification for the specific amounts, raising concerns about potential wasteful spending.
The amendments in SEC. 202 regarding tribal child support enforcement involve complex changes to tax code and reporting requirements, which could increase administrative costs and lead to misunderstandings without legal expertise.
SEC. 104's provisions for enhancements in the court improvement program, including technology upgrades for remote hearings, are not clearly funded, which might result in inadequate implementation given the reliance on state resources.
The guidance in SEC. 114 about improving data collection for youth in residential treatment programs lacks specific timelines and benchmarks, leading to potential difficulties in measuring progress and effectiveness.
SEC. 108 allocates $5,000,000 for prevention services evaluations but lacks details on fund distribution methods, raising concerns about potential wasteful or inequitable spending.
The definition of 'sufficient planning' in SEC. 105(c) concerning waivers for the planning phase is ambiguous, which could lead to inconsistent applications or favoritism.
SEC. 113 authorizes large funding amounts for demonstration projects related to relationships between incarcerated parents and foster children, with potential for wasteful spending if not properly monitored.
SEC. 116 mandates a report on post-adoption services without specifying consequences for delays, which might lead to a lack of accountability and timely completion.
SEC. 111 addresses child neglect by citing poverty-related separations but uses vague terms like 'nonrecurring short term benefits,' leading to potential overlaps or misuse.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
This section states that the official name for this law is the “Supporting America’s Children and Families Act.”
101. Short title; references Read Opens in new tab
Summary AI
The section states that this part of the bill is called the “Protecting America’s Children by Strengthening Families Act.” It also clarifies that any amendments or repeals mentioned are connected to the Social Security Act, unless specified otherwise.
102. Table of contents Read Opens in new tab
Summary AI
The section provides a detailed list of what each part of the title will cover, including topics like improving child welfare programs, making it easier for families to access prevention services, supporting youth who are leaving foster care, and enhancing data collection for residential treatment programs.
103. Reauthorization of child welfare programs Read Opens in new tab
Summary AI
The section of the bill focuses on the reauthorization of child welfare programs by extending the funding period from 2025 to 2029, with specific fiscal allocations for discretionary and enhanced support. It also introduces a funding cap of $10,000,000 in one of the subsections.
Money References
- (b) Reauthorization of subpart 2; enhanced support.—Section 436(a) (42 U.S.C. 629f(a)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $420,000,000 for each of fiscal years 2026 through 2029”.
- (d) Funding limitation.—Section 423(a)(2)(A) (42 U.S.C. 623(a)(2)(A)) is amended by inserting “, not to exceed $10,000,000” before the semicolon.
104. Enhancements to the court improvement program Read Opens in new tab
Summary AI
The bill proposes enhancements to the court improvement program by increasing funding reservations for future fiscal years, extending state matching requirements, and improving the use of technology for remote court proceedings. It also mandates issuing guidelines every five years on best practices for safely conducting remote proceedings in cases involving foster care or adoption, with a focus on participant engagement and privacy.
Money References
- (a) Increase in reservation of funds.—Section 436(b)(2) (42 U.S.C. 629f(b)(2)) is amended by inserting “for fiscal year 2025 and $40,000,000 for fiscal year 2026 and each succeeding fiscal year” before “for grants”.
105. Expanding regional partnership grants to address parental substance use disorder as cause of child removal Read Opens in new tab
Summary AI
The bill expands and updates regional partnership grants to help families affected by parental substance use disorders that can lead to child removal. It increases funding, allows more flexibility in planning, includes more evidence-based services, and emphasizes collaboration with juvenile courts and other agencies, aiming for better outcomes for affected children and families.
Money References
- (a) Increase in reservation of funds.—Section 436(b)(5) (42 U.S.C. 629f(b)(5)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $30,000,000 for fiscal year 2026 and each succeeding fiscal year”.
- (b) Reauthorization.—Section 437(f) (42 U.S.C. 629g(f)) is amended— (1) in paragraph (3)(A)— (A) by striking “In addition to amounts authorized to be appropriated to carry out this section, the” and inserting “The”; and (B) by striking “2017 through 2023” and inserting “2025 through 2029”; and (2) in paragraph (10), by striking “for each of fiscal years 2017 through 2023”. (c) Authority to waive planning phase.—Section 437(f)(3)(B)(iii) (42 U.S.C. 629g(f)(3)(B)(iii)) is amended— (1) by striking all that precedes “grant awarded” and inserting the following: “(iii) SUFFICIENT PLANNING.— “(I) IN GENERAL.—A”; and (2) by striking “may not exceed $250,000, and”; and (3) by adding after and below the end the following: “(II) EXCEPTION.—The Secretary, on a case-by-case basis, may waive the planning phase for a partnership that demonstrates that the partnership has engaged in sufficient planning before submitting an application for a grant under this subsection.”. (d) Expanding availability of evidence-based services.
106. Modernization; reducing administrative burden Read Opens in new tab
Summary AI
The section outlines several changes aimed at improving child welfare services, including adding technology for community support, supporting family resource centers, ensuring access to legal representation, enhancing mental health services for foster children, and reducing administrative burdens for fund recipients. It also includes measures for public access to state plans and emphasizes primary prevention partners in reducing unnecessary child welfare involvement.
441. Reduction of administrative burden Read Opens in new tab
Summary AI
The section mandates the Secretary to lessen the administrative load on fund recipients by streamlining data collection, reducing compliance hours by at least 15%, aligning requirements with other grant programs, and respecting Indian tribes' sovereignty. However, it specifies that these changes should not interfere with necessary legal reporting and compliance monitoring.
442. Public access to State plans Read Opens in new tab
Summary AI
The Secretary is tasked with creating a standard format for State plans to ensure they comply with certain sections, analyzing trends in these plans to help with future policy, making the plans available online for the public, and posting national summaries when suitable.
107. Streamlining funding for Indian tribes Read Opens in new tab
Summary AI
The section focuses on improving funding and compliance for Indian tribes by setting aside a portion of federal funds for direct grants to tribes, streamlining administrative requirements, and supporting the implementation of the Indian Child Welfare Act. It mandates developing a technical assistance plan by 2025, requires biennial reports to Congress, and increases funding for tribal court improvement programs.
Money References
- (3) REPORTING REQUIREMENTS; ADMINISTRATIVE COSTS.— (A) IN GENERAL.—Section 428 (42 U.S.C. 628) is amended by redesignating subsection (c) as subsection (d) and inserting before such subsection the following: “(b) Authority to streamline reporting requirements.—The Secretary shall, in consultation with the affected Indian tribes, modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium if the total of the amounts allotted to the Indian tribe, tribal organization, or tribal consortium under this part for the fiscal year is not more than $50,000, and in a manner that limits the administrative burden on any tribe to which not more than $50,000 is allotted under this subpart for the fiscal year.
- (3) INCREASE IN FUNDING FOR TRIBAL COURT IMPROVEMENT PROGRAM.—Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended by inserting “for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029,” before “for grants”.
429B. Effective implementation of the Indian Child Welfare Act of 1978 Read Opens in new tab
Summary AI
The section outlines a plan, to be developed by the Secretary by October 2025, for effectively implementing the Indian Child Welfare Act of 1978, in collaboration with tribal organizations and states. It focuses on key issues like identifying Indian children, tribal notification of custody cases, and ensuring compliance with placement preferences and court requirements for Indian children, while also requiring biennial reports to Congress on state compliance and federal support efforts.
108. Accelerating access to Family First prevention services Read Opens in new tab
Summary AI
The section authorizes the Secretary to give grants for the evaluation of family prevention services, including kinship navigator programs. It sets criteria for grant applications, establishes priorities for the evaluations, allows for external evaluators, mandates reporting by grant recipients and the Secretary, and reserves funding for these grants from fiscal years 2026 through 2029.
Money References
- (b) Funding.—Section 437(b) (42 U.S.C. 629g(b)) is amended by adding at the end the following: “(5) PREVENTIVE SERVICES EVALUATION PARTNERSHIPS.—The Secretary shall reserve $5,000,000 for grants under section 435(f) for each of fiscal years 2026 through 2029.”. ---
109. Strengthening support for youth aging out of foster care Read Opens in new tab
Summary AI
The section aims to enhance support for youths aging out of foster care by allowing virtual visits from caseworkers for informed-consenting individuals over 18 and ensuring state child welfare program plans incorporate input from various stakeholders, including those with lived experience in the child welfare system.
110. Recognizing the importance of relative and kinship caregivers Read Opens in new tab
Summary AI
The section recognizes the significance of kinship and relative caregivers, expanding the definition of "youth" to include individuals under 26, and establishes programs like peer mentoring to support these families. It amends existing laws to promote kinship navigator programs, providing grants and technical assistance to entities supporting kinship caregiving, with specific funding set aside for these initiatives from 2026 to 2029.
Money References
- — (1) IN GENERAL.—Section 427 (42 U.S.C. 627) is amended— (A) in the section heading, by striking “Family connection grants” and inserting “Kinship navigators”; (B) in subsection (a)— (i) in the matter preceding paragraph (1), by striking “helping” and inserting “administering programs to help”; (ii) by striking “of—” and all that follows through “a kinship” and inserting “of a kinship”; (iii) in paragraph (1)(C)— (I) by striking “and” at the end of clause (iii); (II) by adding “and” at the end of clause (iv); and (III) by adding at the end the following: “(v) connections to individualized assistance, as needed;”; (iv) by striking paragraphs (2) through (4); (v) by redesignating subparagraphs (A) through (G) of paragraph (1) as paragraphs (1) through (7), respectively; (vi) by redesignating clauses (i) through (iv) and clause (v) (as added by clause (iii)(III) of this subparagraph) as subparagraphs (A) through (E), respectively; (vii) by moving each provision so redesignated 2 ems to the left; and (viii) by striking “caregiving;” and inserting “caregiving.”; (C) in subsection (b)— (i) in paragraph (1), by striking “1 or more of”; (ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following: “(3) a description of how the entity will directly fund, or provide data to the Secretary for, an evaluation which will publish and submit information to the clearinghouse described in section 476(d)(2) and which is designed to meet the requirements of section 471(e)(4)(C), or a description of how the funds will be used to help the State transition to a program for which the State will seek reimbursement under section 474(a)(7);”; (iii) in paragraph (4) (as so redesignated), by striking “and” at the end; (iv) in paragraph (5) (as so redesignated), by striking the period and inserting “; and”; and (v) by adding at the end the following: “(6) if the entity is a State, local or tribal child welfare agency— “(A) documentation of support from a relevant community-based organization with experience serving kinship families when applicable; or “(B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant community-based organizations.”; (D) by striking subsection (d) and inserting the following: “(d) Federal share.—An entity to which a grant is made under this section may use the grant to pay not more than 75 percent of the cost of the activities to be carried out by the entity pursuant to this section.”; (E) in subsection (g)— (i) by striking all that precedes “2 percent” and inserting the following: “(g) Reservation of funds for technical assistance.—The Secretary may reserve”; and (ii) by striking “subsection (h)” the 2nd place it appears and inserting “section 437(b)(6)”; and (F) by striking subsection (h). (2) RESERVATION OF DISCRETIONARY FUNDS.—Section 437(b) (42 U.S.C. 629g(b)), as amended by section 108(b) of this Act, is amended by adding at the end the following: “(6) KINSHIP NAVIGATORS.—The Secretary shall reserve $10,000,000 for grants under section 427 for each of fiscal years 2026 through 2029.”. (3) CONFORMING AMENDMENT.—Section 474(a)(7) (42 U.S.C. 674(a)(7)) is amended by striking “427(a)(1)” and inserting “427(a)”. ---
111. Avoiding neglect by addressing poverty Read Opens in new tab
Summary AI
The section aims to provide support to families to prevent child neglect related to poverty. It includes offering short-term help with housing, utilities, and food, and requires states to have plans and employee training to address child welfare and prevent separating children from their families solely due to financial hardships.
112. Strengthening support for caseworkers Read Opens in new tab
Summary AI
The bill strengthens support for caseworkers by increasing funding for their visits from fiscal year 2025 onwards and setting a minimum grant amount for states. It requires states to use these funds to enhance the quality of caseworker visits with foster children by reducing caseloads, using technology, and supporting caseworker safety and mental health. Additionally, it removes the penalty related to the monthly caseworker visit standard cost-share.
Money References
- (a) Reauthorization of, and increase in funding for, caseworker visits.—Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $26,000,000 for fiscal year 2026 and each succeeding fiscal year”.
- (b) Minimum grant amount.—Section 433(e) (42 U.S.C. 629c(e)) is amended by striking paragraphs (1) and (2) and inserting the following: “(1) BASE ALLOTMENT.—From the amount reserved pursuant to section 436(b)(4)(A) for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with section 436(b)(4)(B)(ii) during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this subsection, as applicable.
- , the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 423 (without regard to the initial allotment of $70,000 to each State).
113. Demonstration projects for improving relationships between incarcerated parents and children in foster care Read Opens in new tab
Summary AI
The text outlines a program where the Secretary can give grants to state partnerships aimed at strengthening the relationships between foster children and their incarcerated parents. These grants are used to develop programs that encourage regular communication and visits, supported by policies, training, and services that help maintain these family connections.
Money References
- (h) Limitations on authorization of appropriations.—There is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section.
439. State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children Read Opens in new tab
Summary AI
The section authorizes the government to provide grants to state partnerships to create programs that help maintain relationships between children in foster care and their incarcerated parents. These grants cover program development and activities like communication and visitation, training, and legal assistance, with a federal cost share of up to 75%, and include special provisions for Indian tribes.
Money References
- (2) EVALUATION.—The Secretary shall use tribally relevant data in carrying out the evaluation under subsection (f)(2) with respect to an Indian tribe or tribal organization. (h) Limitations on authorization of appropriations.—There is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section.
114. Guidance to States on improving data collection and reporting for youth in residential treatment programs Read Opens in new tab
Summary AI
The Secretary of Health and Human Services, along with other relevant agencies and experts, must provide updated guidance to States within two years on collecting and sharing data about youth in residential treatment programs. This includes best practices for ensuring the safety and well-being of these youth, as well as improving oversight and addressing maltreatment in facilities receiving federal funding.
115. Streamlining research, training, and technical assistance funding Read Opens in new tab
Summary AI
The section focuses on modifying the allocation and use of funds for research, training, and technical assistance related to child welfare programs. It mandates specific amounts of money to be directed towards supporting program evaluation and implementation of the Indian Child Welfare Act, while removing certain research fund requirements and updating references to reflect these changes.
Money References
- (a) Repurposing discretionary research set-aside.—Section 435(c) (42 U.S.C. 629e(c)) is amended to read as follows: “(c) Evaluation, research, and technical assistance with respect to targeted program resources.—Of the amount reserved under section 437(b)(1) for a fiscal year, the Secretary shall use not less than— “(1) $1,000,000 for technical assistance to grantees under section 437(f) and to support design of local site evaluations with the goal of publishing and submitting evaluation findings to the clearinghouse established under section 476(d), or to award grants to allow current or former grantees under section 437(f) to analyze, publish, and submit to the clearinghouse data collected during past grants; and “(2) $1,000,000 for technical assistance required under section 429B of this Act to support effective implementation of the Indian Child Welfare Act of 1978 and to support development of associated State plan measures described pursuant to section 422(b)(9) of this Act.”. (b) Elimination of research set-aside from mandatory funds.
116. Report on post adoption and subsidized guardianship services Read Opens in new tab
Summary AI
The section requires the Secretary of Health and Human Services to submit a report within two years about children who re-enter foster care after being adopted or placed in legal guardianship. The report should include details on adoption disruptions, factors involved, the services these families received, and a summary of available support and funding in each state for post-adoption and guardianship services.
117. Effective date Read Opens in new tab
Summary AI
The amendments outlined will take effect on October 1, 2025, affecting certain payments under the Social Security Act. States may delay implementation if new legislation is needed, and Indian tribal organizations will be given extra time to comply if required.
201. Short title Read Opens in new tab
Summary AI
The section outlines that this part of the bill is officially named the “Strengthening State and Tribal Child Support Enforcement Act”.
202. Improving the effectiveness of tribal child support enforcement agencies Read Opens in new tab
Summary AI
The section aims to enhance the ability of tribal child support enforcement agencies to collect past-due child support by ensuring they have the same access to certain tax information as state agencies, and it includes technical amendments to relevant laws to support this change. Additionally, it addresses reimbursement processes for reports involving state and tribal agencies.