Overview
Title
To reauthorize and modernize part B of title IV of the Social Security Act to strengthen child welfare services, expand the availability of prevention services to better meet the needs of vulnerable families, and for other purposes.
ELI5 AI
H.R. 9076 is like a big plan to help children and families in need by making their lives better; it tries to give them more help and make sure the rules are fair, but it needs to be very clear about how it will use the money to do all this.
Summary AI
H.R. 9076, titled the “Protecting America’s Children by Strengthening Families Act,” aims to update and improve child welfare services in the United States. The bill seeks to expand the availability of prevention services to better support vulnerable families, boost support for youth aging out of foster care, and enhance the court improvement program. It also focuses on reducing administrative burdens, supporting kinship caregivers, and providing guidance on compliance with the Indian Child Welfare Act. Overall, the legislation is designed to modernize child welfare support and ensure better outcomes for children and families.
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AnalysisAI
Overview of the Bill
The proposed legislation, titled the "Protecting America’s Children by Strengthening Families Act," seeks to reauthorize and modernize child welfare programs under part B of title IV of the Social Security Act. The bill aims to enhance child welfare services and expand the availability of preventive services to better address the needs of vulnerable families. The bill includes provisions to extend funding for child welfare programs, improve court systems dealing with child welfare cases, address issues related to parental substance abuse, and support kinship and relative caregivers. Key elements also focus on reducing the administrative burden on service providers, strengthening support for caseworkers, and improving services for youth aging out of foster care.
Key Issues
Several significant issues arise from the proposed amendments and provisions in the bill:
Funding and Timeliness: Many sections lack specific funding timelines for 2024, which could result in gaps in services and funding continuity for child welfare programs (Sections 3 and 4). Additionally, the bill does not provide adequate transparency or guidelines on how discretionary funds should be allocated, potentially leading to inefficient resource management.
Criteria and Standards: Certain expansions, such as the criteria for what qualifies as "evidence-based" services, are inadequately defined. This could lead to varied interpretations and inconsistent implementation across different regions (Section 5). Similarly, the section on competitive grants for prevention services may lack transparency in awarding grants without strict criteria.
Administrative and Legal Challenges: The provisions aimed at reducing the administrative burden lack clear, measurable outcomes for success, which could make accountability challenging (Section 6). The bill also involves complex legal interactions with additional stakeholders, such as juvenile courts, which might disadvantage organizations not already engaged in these partnerships.
Specific Stakeholder Impact: Tribal provisions do not specify enforcement mechanisms or consequences for non-compliance with the Indian Child Welfare Act of 1978, potentially limiting the Act's effectiveness (Section 429B).
Impact on the Public and Stakeholders
Broad Public Impacts: The bill could positively impact the public by modernizing and expanding support for child welfare services and preventive interventions, leading to better outcomes for children and families. The focus on reducing administrative burdens and leveraging technology for these processes might lead to more efficient service delivery.
Impact on Specific Stakeholders:
Child Welfare Agencies: Agencies could face challenges due to the lack of specific guidelines on funding allocation and criteria for service evaluations. However, reduced administrative burdens could free up resources to extend service offerings.
Tribal Organizations: The provisions impacting Indian tribes could be seen as both a positive step toward more direct funding and participation in welfare programs and a challenge due to the lack of enforcement mechanisms.
State Governments: The requirement for states to consult a broad array of stakeholders might be resource-intensive and lack precise funding support, potentially overburdening already stretched state resources.
Families and Caregivers: Families, especially those involved with the child welfare system, might benefit from expanded support programs and crisis intervention services. However, the success of these programs could be contingent upon the precise execution and clarity of program criteria.
Overall, while the bill attempts to address critical issues in child welfare services, improvements in strategic clarity and funding allocations could enhance its effectiveness and impact.
Financial Assessment
The proposed bill H.R. 9076, known as the "Protecting America’s Children by Strengthening Families Act," outlines numerous financial allocations aimed at enhancing child welfare services across the United States. These allocations are designed to update and improve services provided to vulnerable families and children within the foster care system. However, several issues have been identified concerning the financial references within the bill.
Financial Allocations and Spending
One of the major aspects of this legislative effort involves reauthorizing funding for existing child welfare programs while introducing additional financial support for new initiatives. Specifically, the bill reauthorizes and increases funding allocations for various child welfare services:
- $420 million is allotted for fiscal year 2026 through 2029 for enhanced support in child welfare programs (Section 3).
- An increase in reserved funds is mandated, setting aside $40 million annually from fiscal 2026 onwards for enhancements to the court improvement program (Section 4).
- Regional partnership grants, aimed at addressing parental substance use disorder, are designated $30 million annually starting in 2026 (Section 5).
- A significant reservation of $5 million from fiscal 2026 through 2029 is allocated for preventive services evaluation partnerships (Section 8).
- There is also a plan to reserve $10 million for kinship navigator programs each fiscal year from 2026 to 2029 (Section 10).
Issues Relating to Financial Allocations
While the financial allocations within the bill intend to bolster support for children and families, several concerns arise regarding their implementation and oversight:
Lack of Specificity in Financial Timelines: The amendments highlight changes effective from 2025 onwards, which leaves a potential funding gap for 2024. This gap could affect service continuity and leave key child welfare programs without necessary resources, as noted in issues related to Sections 3 and 4.
Transparency and Accountability: Discretionary changes in funding, especially concerning the reauthorization and use of funds (Sections 3 and 5), lack detailed guidelines. Without transparent criteria on how funds are to be utilized, there is a potential risk for inefficiencies in resource allocation and possible misuse of funds.
Defining 'Evidence-Based' Services: Section 5 proposes expanding evidence-based services but does not provide criteria for what constitutes 'evidence-based.' This absence of clarity could lead to inconsistency in applying these funds, potentially jeopardizing program effectiveness.
Potential for Favoritism in Grant Allocation: Section 8’s competitive grant structure could result in favoritism or lack of transparency without clear criteria and oversight mechanisms. This is crucial to ensure that funds are distributed equitably based on merit rather than preferential treatment.
Undefined Success Metrics: The bill outlines significant financial appropriations, such as the $35 million annually for demonstration projects supporting relationships between foster children and incarcerated parents (Section 13), without clearly defined success metrics. Lack of quantifiable goals could lead to inefficient spending and reduced accountability.
Conclusion
Financial references within the bill reflect a substantial commitment to improving child welfare services. However, to maximize the efficacy of the allocated funds, it is essential to establish detailed criteria, transparent processes, and clear success metrics. Addressing these issues would facilitate more efficient use of funds and ensure that the bill’s financial objectives align with effective service delivery to vulnerable families and children.
Issues
The amendments in various sections lack specific funding timelines for 2024, leaving potential gaps in funding and service delivery for child welfare programs (Sections 3 and 4).
The discretionary funding changes proposed in Sections 3 and 5 do not provide detailed transparency or guidelines on how the funds are to be used, potentially leading to inefficient allocation of resources.
The expansion of the scope for evidence-based services in Section 5 lacks specific criteria for what qualifies as 'evidence-based', which could lead to ambiguity and inconsistency in implementation.
The section on providing competitive grants for prevention services in Section 8 might lead to favoritism or lack of transparency without strict criteria and monitoring.
The lack of detailed guidelines and criteria for achieving 'peer support' and 'community support' in Section 6 could lead to ambiguous interpretations and favoritism.
The provisions in Section 6(f) regarding reducing administrative burden lack measurable outcomes or thresholds for success, making effective accountability challenging.
The section on strengthening support for youth aging out of foster care (Section 9) does not specify any funding sources to support the new mandates, potentially straining state resources.
Section 13 allows for a substantial allocation of funds without clearly defined metrics for success, which could result in inefficient spending and lack of accountability.
The tribal provisions in Sections 7 and 429B do not specify enforcement mechanisms or consequences for non-compliance with the Indian Child Welfare Act of 1978, possibly reducing the Act's effectiveness.
The inclusion of additional stakeholders, such as juvenile courts, in Section 5 complicates partnerships and could disadvantage organizations not already engaged with such entities, potentially leading to favoritism.
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; references Read Opens in new tab
Summary AI
The section provides the short title of the bill, naming it the “Protecting America’s Children by Strengthening Families Act.” It also states that any references to amendments or repeals within the bill are related to sections of the Social Security Act, unless otherwise specified.
2. Table of contents Read Opens in new tab
Summary AI
The section outlines the table of contents for an Act, listing various sections focused on improving and supporting child welfare programs, court enhancements, addressing substance use disorders in parents, and providing resources for foster care and kinship caregivers, among other initiatives.
3. Reauthorization of child welfare programs Read Opens in new tab
Summary AI
The section outlines the reauthorization of child welfare programs, extending funding from 2025 to 2029 and specifying amounts for certain subparts. Additionally, it introduces a funding cap of $10 million in one of the sections.
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.
4. Enhancements to the court improvement program Read Opens in new tab
Summary AI
The section describes changes to the court improvement program, including increased funding for upcoming years, extending requirements for state matches, and improvements like ensuring remote court services can continue during emergencies. It also directs the creation of guidance on how to use technology best for remote proceedings in child welfare cases, ensuring engagement and privacy, with updates every five years.
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”.
5. Expanding regional partnership grants to address parental substance use disorder as cause of child removal Read Opens in new tab
Summary AI
The section outlines changes to U.S. law to expand support for preventing child removal due to parental substance use by increasing funding for regional partnership grants, allowing more flexible planning, enhancing evidence-based services, and involving additional partners, including juvenile courts and state agencies. It emphasizes coordinated use of federal funds and introduces performance indicators and reporting to evaluate program effectiveness.
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.
6. Modernization; reducing administrative burden Read Opens in new tab
Summary AI
The proposed amendments aim to modernize administrative procedures and reduce burdens in administering family support services by incorporating technology, offering support for family resource centers, ensuring legal representation in child-related judicial proceedings, supporting the mental health of foster children, and streamlining paperwork requirements for fund recipients, including respecting the sovereignty of Indian tribes. Additionally, these changes seek to enhance public access to state plans and involve partners with expertise in child welfare prevention.
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.
7. Streamlining funding for Indian tribes Read Opens in new tab
Summary AI
The bill proposes changes to streamline funding for Indian tribes, including reserving funds for direct payments to tribes, improving compliance with the Indian Child Welfare Act, and amending reporting and administrative requirements for tribes. It also plans to increase funding for tribal court improvement and adjust how tribal plans are exempt from certain set-asides.
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.
8. Accelerating access to Family First prevention services Read Opens in new tab
Summary AI
The section outlines a plan for the Secretary to offer competitive grants aiming to swiftly evaluate family prevention services and kinship navigator programs. It details application requirements, priorities for selection, the use of external evaluators, and reporting duties, while setting aside $5,000,000 annually from 2026 to 2029 to fund these evaluation partnerships.
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.”. ---
9. Strengthening support for youth aging out of foster care Read Opens in new tab
Summary AI
The bill strengthens support for young people leaving foster care by requiring states to offer virtual caseworker visits to those who are 18 or older and consent to it. It also mandates that child welfare program plans be developed with input from relevant agencies, community organizations, and experienced individuals, and that reports on implementing these suggestions be made publicly accessible online.
10. Recognizing the importance of relative and kinship caregivers Read Opens in new tab
Summary AI
The text focuses on amendments to the Social Security Act, emphasizing the importance of supporting kinship caregivers. It introduces changes like expanding the definition of youth to include individuals up to 26 years old, establishing programs for peer mentoring, restructuring kinship navigator programs, and allocating $10 million annually from 2026 to 2029 to support these initiatives.
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 8(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)”. ---
11. Avoiding neglect by addressing poverty Read Opens in new tab
Summary AI
The section modifies existing laws to enhance family preservation services by including short-term support for basic needs like housing and food during crises, and requires states to describe policies, including employee training, aimed at addressing child welfare issues due to poverty to prevent children from being separated from their parents.
12. Strengthening support for caseworkers Read Opens in new tab
Summary AI
The bill proposes to extend funding for caseworker visits through fiscal year 2026 and beyond, set minimum grant amounts for states, and require the funds be used to improve caseworker visits for foster children by reducing caseloads, implementing technology solutions, supporting caseworker safety and well-being, and recruiting qualified candidates. It also removes penalties related to caseworker visit standards.
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).
13. Demonstration projects for improving relationships between incarcerated parents and children in foster care Read Opens in new tab
Summary AI
The section outlines a program where the Secretary can give grants to state partnerships to help strengthen relationships between children in foster care and their incarcerated parents. The grants aim to create programs that include regular communication and visitation, training for relevant staff, and legal assistance, with a maximum federal cost share of 75% and special considerations for Indian tribes.
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.
14. Guidance to States on improving data collection and reporting for youth in residential treatment programs Read Opens in new tab
Summary AI
The section requires the Secretary of Health and Human Services, along with various federal agencies, to issue or update guidance for state agencies on how to better collect and share data about youth in residential treatment programs within two years. This includes sharing best practices for gathering information about the well-being and potential maltreatment of these youth and ensuring improved oversight of programs receiving federal funding.
15. Streamlining research, training, and technical assistance funding Read Opens in new tab
Summary AI
The section streamlines funding for research, training, and technical assistance related to child welfare by ensuring that at least $1,000,000 is allocated for technical support to grantees and the implementation of the Indian Child Welfare Act. It also eliminates a mandatory research funding set-aside, making adjustments to various related provisions.
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.
16. Report on post adoption and subsidized guardianship services Read Opens in new tab
Summary AI
The Secretary of Health and Human Services is required to submit a report to Congress within two years about children who enter foster care after being adopted or in legal guardianship, focusing on the challenges they face and the support they received. This report will also detail the post-adoption services available in each state, whether these services are based on evidence, and how they are funded, including specifics on funding from the Promoting Safe and Stable Families program.
17. Effective date Read Opens in new tab
Summary AI
The amendments made by this Act will start on October 1, 2025, affecting certain Social Security payments. If a state needs new laws to comply, they have extra time until after their next legislative session. Indian tribes and organizations can also get more time if needed to meet these new rules.