2013 Legislative Agenda RAISING THE AR THE BAR - CWLA

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2013 Legislative AgendaRAISINGTHE BARPROMOTING EXCELLENCE INFEDERAL CHILD WELFARE POLICYRECOMMENDATIONS FOR THEADMINISTRATION AND 113TH CONGRESSFIRST SESSION

2013 Legislative AgendaRAISINGTHE BARPROMOTING EXCELLENCE INFEDERAL CHILD WELFARE POLICYRECOMMENDATIONS FOR THEADMINISTRATION AND 113TH CONGRESSFIRST SESSION

TABLE OF CONTENTSIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viRecognizing the Inherent Rights of Every Child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Promoting Shared Responsibility Among Child-Serving Systems. . . . . . . . . . . . . . . . 3Engaging Children and Families for Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Prioritizing Prevention Supports and ServicesThrough Child Welfare Finance Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Improving Workforce Supports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Protecting Families Through Culturally Competent Immigration Reform. . . . . . . . 12Adequately Funding Child Welfare Supports and Services. . . . . . . . . . . . . . . . . . . . 14The Nation’s Children 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES 202-688-4200 WWW.CWLA.ORGv

INTRODUCTIONCWLA presents a vision for the future of child welfare with accompanying values, and principles thatextends responsibility for the well-being of children and youth beyond their families, and beyondtraditional child welfare agencies, providers, and services. The vision is that all children will grow upsafely, in loving families and supportive communities, with everything they need to flourish—and withconnections to their culture, ethnicity, race, and language. We value children, youth, families, and communities. We believe in integrity, fairness, social justice, dignity, and honesty. We value these actions,qualities, and characteristics: respect, innovation, service, inclusiveness, collaboration, trust, flexibility,competence, and humility. The core principles are derived from the vision and values.In developing the Legislative Agenda for 2013, CWLA has identified goals and policy recommendations within a framework based on a new vision for child welfare that recognizes that there are fundamental changes that need to take place at all levels—individual, program, organization, system, funding,and policy.The core principles we will address in our federal policy advocacy in 2013 include:vi Recognizing the Inherent Rights of Every Child Promoting Shared Responsibility Among Child-Serving Systems Engaging Children and Families for Success Prioritizing Prevention Supports and Services through Child Welfare Finance Reform Improving Workforce Supports Protecting Families through Culturally Competent Immigration Reform Adequately Funding Child Welfare Supports and ServicesRECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

RECOGNIZING THE INHERENT RIGHTS OF EVERY CHILDBLUEPRINT PRINCIPLE:It is the responsibility of all members of society to worktoward the shared goal of advancing the fundamentalrights and needs of children.BACKGROUNDChildren’s rights are human rights that are essential to living as human beings. Children’s rights are absolute and fundamental to advancing the human rights of all humanbeings. Each child has a right tobe raised in a nurturing, lovingfamily, with basic needs like food,primary health care, and formaleducation. In addition, each childhas the right to be protected fromabuse, neglect, and maltreatment.Children should be protectedfrom kidnapping and trafficking.Children have a right to protectionunder the law, and each child hasa right to have decisions made inhis or her best interests.Over the years, it has been aprimary responsibility of governments to intervene on behalf ofchildren when parents or othercaregivers violate their rights to protection. In the UnitedStates, President Theodore Roosevelt hosted the first WhiteHouse Conference on the Care of Children. One of the greatest accomplishments of the first Conference was the creation of the Children’s Bureau—which, for the first time,2013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES focused the aim of child welfare on all children, not merelydisadvantaged children. In the decades that followed, theconferences became devoted to improving the lives of children across the country. CWLA traces its roots to that firstconference, and has been at the forefront of advocating forfederal child welfare policy since that time.Prior to 1974, the federal government played a usefulbut minor role in child protection. The Child Abuse Prevention and Treatment Act, which passed that year, was thefirst federal legislation on child protection. In fact, whilethe Bureau was concerned withthe welfare of poor and disadvantaged children, nationwide littleattention was paid to child maltreatment until the 1960s. Childabuse-reporting laws and enhanced awareness of child abuseproduced an increase in attentionand the development of strategiesfor intervention.Though the United NationsConvention on the Rights of theChild (CRC) was passed in 1989,the United States and Somalia arethe only two of the now 194 UNcountries that have not signed onto ratify the CRC’s treaty regarding children’s human rights internationally. The CRC wouldhave a significant effect on child welfare. Many of the 42substantive articles in the CRC relate to specific childwelfare issues, including foster care (Articles 9 and 20) andadoption (Articles 20, 21), child care (Article 18), family202-688-4200 WWW.CWLA.ORG1

reunification (Article 10), abuse and neglect (Articles 9, 19,37, and 39), juvenile justice (Article 40), substance abuseprevention (Article 33), sexual exploitation (Article 34),education (Articles 28, 29), health care (Article 23, 24), andfreedom of speech (Article 13).VISION Children have the right to have the basic needsrequired for survival and healthy development. Children have the right to live with their families oforigin unless this living arrangement is harmful totheir safety and/or well-being. Children have the right to connections with familyand community. Children have the right to be protected fromabuse, neglect, maltreatment, and exploitation andabduction. Children should not be treated unfairly on any basis(race, religion, or abilities). When necessary, the government legislates the protections of children.POLICY RECOMMENDATIONSCongress and the Administration should: 2Ratify the UN Convention on the Rights of the Child.RECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

PROMOTING SHAREDRESPONSIBILITY AMONG CHILD-SERVING SYSTEMSBLUEPRINT PRINCIPLEFamilies, individuals, organizations, and communitiesshare responsibility for assuring the safety and well-beingof children and youth. To help children and youth flourish,leaders at every level and in all realms must ensure thatindividuals, families, organizations, and systems collaborate,communicate, create and nurture meaningful partnerships.BACKGROUNDIn increasingly complex societies, individuals and communities are dependent upon one another to ensure an environment in which children and youth are safe and canthrive. There should be widespread recognition that childrenand youth are served most effectively when there is partnership and collaboration among systems. To provide seamlessintegration of supports and services, systems should bedesigned to build on the individual and collective strengthsof the partners. All child- and youth-serving systems mustwork together. This year, CWLA’s federal policy advocacyfor systems integration will specifically focus on connectingchild welfare, education, and mental health.Education affects all school-aged kids in care, andyounger children must be prepared to enter school. Childrenand youth in foster care have endured maltreatment, livedthe unpredictability preceding the removal-initiating emergency, and must navigate the many changes that come alongwith seeking permanency. A strong educational experiencecan provide a way out of instability in both the short andlong-term. A haven can be found in healthy friendships;connections with caring adults and mentors; and outlets for2013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES academics, arts, and athletics. Experiencing the fulfillmentof achievement and preparing for a future career is a bridgeto the long-term success every child deserves.Helping education and child welfare agencies work togetherbetter recognizes the whole lives of the children they both seekto help. Only together can they ensure that children are in thebest school for their needs, make as few school transfers as possible, and experience seamless transitions when necessary.Students should also have the supports necessary to advocatefor their educational goals, actively participate in academicsand extracurricular activities, and steer clear of disciplinarymeasures. Child welfare agencies cannot tend to every aspect ofa child’s well-being, and education agencies must be aware ofthe challenges children are facing to successfully impart knowledge and skills. Early childhood, child care, and afterschoolsystems are also critical partners in ensuring that vulnerablechildren are school-ready, prepared for secondary education,and have at least one adult invested in their education.Under federal law, child welfare agencies must maintainchildren’s education records. Since the 2008 Fostering Connections to Success and Increasing Adoptions Act (FosteringConnections, P.L. 110-351), child welfare agencies mustensure that able children are attending school, considereducation stability when identifying foster care placement,and coordinate with local education agencies to ensure thatchildren remain in the same school and experience seamlesstransitions when necessary. Recent reauthorization of IV-B ofthe Social Security Act clarified that the stability provisionsapply at all foster care moves.202-688-4200 WWW.CWLA.ORG3

Fostering Connections alsorequires a transition plan for all youth18 or older to be developed withyoung people during the 90 daysbefore exiting care, including a planfor their education. In addition, thefederal John H. Chafee IndependentLiving Program offers limited funding for transitional services to youngpeople exiting foster care withouta permanent family. The programhelps eligible children make thetransition to self-sufficiency thoughservices like education assistance,vocational training, job placementand retention, and training in daily living skills. Education andTraining Vouchers (ETV) is a component program that provides up to 5,000 per year for the cost of attending an institution of higher education or post-secondary training. Youthin foster care and those who entered kinship guardianship oradoption arrangements at age 16 or older are eligible for ETVs.The Department of Education’s (Ed) Free Application forFederal Student Aid (FASFA) is used to determine eligibilityfor federal financial aid. A youth who is “an orphan, in fostercare, or a ward of the court at any time when the individualwas 13 years of age or older” is considered “independent,”and only their income is included for assessing eligibility, usually providing maximum aid. Additionally, Ed offers StudentSupport Services grants for postsecondary programs to assistlow-income students, including youth who have aged out offoster care, with tutoring, academic and career counseling,mentoring, and help securing housing during school breaks.In the 112th Congress, the Uninterrupted Scholars Act(USA, P.L. 112-278) was enacted to amend the FamilyEducational Rights and Privacy Act (FERPA), which covers4the privacy of education records. TheUSA added to the FERPA exceptionsfor prohibiting disclosure of recordsto third parties without parental consents. Education agencies no longerneed parental consent or to supplyparental notification to release education records to child welfare agencies for children for whom they are“legally responsibility,” which willreduce delays in child welfare decisions for both foster care and education placement decisions.In his 2013 State of the Unionaddress, President Barack Obama proposed high-quality preschool for every child. Early plans callfor coordinating an array of early childhood programs into acomprehensive birth to five school readiness service system.Partnerships, investments, and incentives would improvequality and expand access to not only universal preschool,but to full-day kindergarten, a Head Start focused on childrenthree years old and younger, a Head Start-Child Care partnership, and expanded home visiting. Currently, these programsoffer early learning opportunities, service referrals, andwork or education supports for parents; integrated, theywould prepare children from birth to be ready for successin school, and ultimately for a career and life beyond.Finally, between 50% and 80% of children in foster careexperience moderate to severe mental health and behavioralproblems. However, meeting the mental health needs ofchildren in foster care, let alone those who remain in theirhomes, continues to be a challenge. One small facet ofaddressing the problem would better engage education asa universal point of entry for tending to all students’ socialand emotional needs. Mass-shooting tragedies at schoolsRECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

require all child and family systems to consider how to prevent repeat occurrences. Normalizing and expanding accessto mental health care though the school system wouldbetter identify all students’ barriers to educational and lifesuccess. Child welfare, education, and mental health entities should consider themselves partners in ensuring thatall children are engaged with permanent supports, andthat any mental emotional or behavioral challenges areaddressed appropriately through services and referrals.Congress should: Make permanent, statutory connections betweenfederal agencies like the Department of Health andHuman Services and Department of Education; Reauthorize the Elementary and Secondary EducationAct (ESEA) including language, similar to the FosteringSuccess in Education Act/Amendment, engaging localeducation agencies as partners in ensuring educational stability and best interest for children and youthin foster care; Reauthorize the Higher Education Act with a consideration to college preparation, retention and graduation supports for youth formerly in and aged out offoster care; Reintroduce and pass the Foster Youth HigherEducation Opportunities Act to better ensure thatyouth in foster care know about their eligibility forcollege-assistance programs; Expand eligibility for Education and Training Vouchers(ETVs) to youth up to age 26 and allow unused stateETV funds be picked up and distributed by other states; Further amend FERPA by adding child welfare agencies to the research exception for studying ways toimprove educational outcomes for children and youthin care; Expand and strengthen the early care and educationcontinuum of services Pass the Mental Health in Schools Act to expand mental health services for children and youth; and Pass the Helping Educators Support All Students Act.VISION Children and youth are served most effectively whenthere is effective and meaningful partnership betweenthe public and private sectors and collaborationamong child-serving systems.Child-serving systems are designed to build on theindividual and collective strengths of all partners inorder to provide seamless integration of supportsand services.POLICY RECOMMENDATIONSCongress and the Administration should: Strengthen and improve federal statutes to encouragestate and local agencies to work together to ensure theoverall success and well-being of children in the childwelfare system; andImprove coordination between child welfare programs and other child-serving programs and supports,including education and mental health.The Administration should: Engage in collaboration among federal agencies withjurisdiction over programs that serve vulnerable children and families.2013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES 202-688-4200 WWW.CWLA.ORG5

ENGAGING CHILDREN AND FAMILIES FOR SUCCESSBLUEPRINT PRINCIPLEChildren, youth, and families are engaged and empowered to promote family success and build communitycapacity. Service providers and systems acknowledge,appreciate, and validate the voices and experiences ofthose whose lives they touch, so that responsive communitybased resources and services are developed, nurtured,and sustained.BACKGROUNDChildren, youth, and families know best the challenges they face. Theirexperiential knowledge ofstruggle, overcoming, andachievement is essential forunderstanding child abuseand neglect. Real stories,when relayed in a safe wayand at the right time, canpowerfully convey both theneed to be addressed andthe hope that can be fulfilled. In addition to accurately conveying the causes, manifestations, andconsequences of maltreatment, children, youth, and familiesare more in tune with the feasibility and cultural appropriateness of proposed solutions. Effective child welfarepractice and prevention calls for not only their participationas clients and collaborators, but also their leadership tofully respect the critical expertise they bring.6Families must be engaged and actively involved ifthey are to be resources for ensuring safety, establishingpermanency, and promoting well-being. Federal FamilyConnection Grants support children in foster and kinshipcare, and who are at risk of entering care to reconnect withfamily members through the implementation of kinship navigator programs, intensive family-finding, familygroup decision-making andresidential family treatmentprograms. Authorized underthe Fostering Connectionsto Success and IncreasingAdoptions Act, they arecompetitive, matching grantsto state, local, or tribal childwelfare agencies and nonprofit organizations thathave experience workingwith children in fostercare or kinship care. Fostering Connections authorized 15 million each year for 5years, reserving 5 millioneach year for grants forkinship navigator programs. The authorization ends onSeptember 30, 2013.Developing research is making clear that fathers are notjust additional caregivers but provide unique positivebenefits for a child’s well-being. President Obama oftenhighlights the issue, and he continued his call for moreencouragement of fatherhood in his 2013 State of the UnionRECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

address. In federal statute, Responsible Fatherhood is aprogram within the Temporary Assistance for NeedyFamilies program that provides 75 million per year ingrants for activities promoting fatherhood—such as counseling, mentoring, marriage education, enhancing relationship skills, parenting, and activities to foster economicstability. The Administration also provides a NationalResponsible Fatherhood Clearing House at http://fatherhood.gov and convenes a Responsible Fatherhood andHealthy Families Task Force.Until every youth in foster care achieves permanency,youth aging out of foster care without a family must haveaccess to as many services and supports they need to findself-sufficiency and thrive. Their experiences of instability,coupled with being on their own, puts them at risk forunemployment, poor educational outcomes, health issues,early parenthood, long-term dependency on public assistance, incarceration, and homelessness. Young people leavecare at age 18 simply because there is an age limit on federalfunding. In 2008, Fostering Connections gave states theoption of extending care to 21, but only a quarter of eligiblestates have taken up that option.As previously mentioned, Fostering Connections alsorequires a transition plan for all youth age 18 or older to bedeveloped with them during the 90 days before exiting care.This plan must be as detailed as the youth chooses, andmust include specific options on housing, health insurance,education, local opportunities for mentoring, continuingsupport services, workforce supports and employment services. Also as previously described, the federal John H.Chafee Independent Living Program offers limited fundingfor transitional services to young people exiting foster carewithout a permanent family. Eligible children can receiveassistance in earning their high school diploma, support incareer exploration, vocational training, job placement and2013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES retention and training in daily living skills. The Chafeeprogram is a capped entitlement of 140 million and 30%can be used for room and board. In addition, the PatientProtection and Affordable Care Act (P.L. 111-148) includesa provision that expands Medicaid coverage to former fosterchildren up to age 26. To qualify, individuals must havebeen enrolled while in foster care.Children and families cannot be full participants in theirservice plan with untreated trauma. While advances havebeen made in the identification of children’s responsesto trauma, along with the development and testing ofevidence-based, trauma-focused treatments, child welfarehas only recently begun to draw from and apply this learning. In 2011, the Child and Family Improvement andInnovation Act (P.L. 112-34) added a requirement for everychild’s service plan to describe how trauma related to maltreatment and removal that is identified through initial andfollow-up health screenings will be monitored and treated.The Child Abuse Prevention and Treatment Act (CAPTA)includes provisions for Department of Health andHuman Services (HHS) technical assistance and nationalclearinghouse information on mitigating psychologicaltrauma. HHS houses this information online at http://childwelfare.gov. In addition, grant funding has recently beenprovided under the Adoption Opportunities section ofCAPTA for grantees to integrate trauma-informed andfocused practice in Child Protective Services (CPS).Finally, the 2000 Children’s Health Act (P.L. 106-310)established the National Child Traumatic Stress Initiative,resulting in the National Child Traumatic Stress Network(NCTSN). This is a Substance Abuse and Mental HealthServices Administration (SAMHSA)-sponsored collaboration of service providers, universities, and hospitals workingtogether to improve access to services and quality of carefor children and adolescents exposed to traumatic events.202-688-4200 WWW.CWLA.ORG7

VISION Community services are provided in a strengthsbased, culturally competent, family-focused, andtrauma-informed way, engaging all members of thefamily in all aspects of planning and decisions abouttheir services.Youth and families are engaged in all aspects of serviceprovision including program design and development, policy and procedure development, hiringand training, practice, evaluation, and qualityimprovement. Family and youth participation is included on allboards, committees and commissions that impact thechild welfare system. Diligent efforts are made to include fathers at allstages of their children’s involvement with prevention, supports, and services.POLICY RECOMMENDATIONS Improve and expand Responsible Fatherhood grantsthrough TANF reauthorization to ensure qualityprogramming through capacity building and evaluation; and Expand funding for the Chaffee Independent livingprogram.The Administration should: Help states use Family Connection and AdoptionOpportunities funds for enhancing relative notification and family finding models; Sustain long-term support for youth transitioning outof foster care; Ensure that the expansion of Medicaid for former foster youth is protected; Help states fully implement the trauma state plan provision passed under the Child and Family ServicesImprovement and Innovation Act; Ensure that all public systems serving the child welfare population are trauma-informed; and Continue implementing discretionary research dollarsfor research and demonstration grants on traumainformed care, including secondary traumatic stress.Congress should: 8Reauthorize and expand Family Connection Grantsto spread best practices across the country, encouragedemonstration projects that improve engagementwith fathers and fathers’ extended families, encouragedemonstration projects specifically focused on familyconnections for older youth, and include languagefor approaching family connection projects with atrauma-informed lens, recognizing that possibletrauma could exist in any family member;All states should: Extend foster care to age 21 as provided under theFostering Connections to Success and IncreasingAdoptions Act.RECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

PRIORITIZING PREVENTION SUPPORTS AND SERVICESTHROUGH CHILD WELFARE FINANCE REFORMBLUEPRINT PRINCIPLEFamilies, individuals, communities, organizations, andsystems protect children from abuse and neglect, andprovide an array of supports and services that help children, youth, and their families to accomplish developmental tasks, develop protective factors, and strengthencoping strategies.BACKGROUNDThe majority of maltreated children have experienced substantiated neglect. Many of thecircumstances of neglect involveissues of mental health, substance abuse, housing concerns,improper supervision, a lackof family supports, and othercomplex issues. Child physicalabuse can be an unacceptableresult of these strains as well.Struggling families put childrenat risk for maltreatment, andthose families often haveunique needs that involve theparticipation of multiple services systems.Social policies that address these needs promote strong,healthy families who protect children from maltreatment.Policies that prevent the need for placing a child in fostercare have a human, economic, and moral impact. While no2013 CWLA LEGISLATIVE AGENDAFORCHILDREN AND FAMILIES single model exists that prevents every instance of childabuse and child neglect, we know many effective interventions and strategies. The challenge is in providing the fullspectrum of these services for children and families, fromearly intervention programs when it is first determined thata family is at risk; to foster care and other treatmentalternatives for those childrenwhose safety and well-being ismore significantly threatened;to reunification, kinship, andadoption services; and to postpermanency support servicesto prevent reentry into outof-home care.Government at the federal,state, and local level shouldstrive to create and sustain asafe physical environment, anda culture that promotes making healthy lifestyle choices.At the federal level, childwelfare policy should do moreto promote prevention andsupport permanency. In particular, Title IV-E of the SocialSecurity Act should be revised to allow for prevention andpost-permanency activities to be reimbursed as foster care,kinship/guardianship, and adoption are now.Such reform would provide more resources for servicesthat are currently not eligible under IV-E, including services202-688-4200 WWW.CWLA.ORG9

to restructure how the system is financed so that it directsincreased resources to provide proven innovative servicesto more children and families in a way that improves thesafety, permanence, and well-being of every child.VISIONto prevent placement, reunify families, provide specializedtreatment, and offer post-permanency services. The current financing structure does not provide nearly enoughfunding for services that can reduce the need for out-ofhome care. This can be addressed by opening up IV-E tocover these interventions and by allowing states thatreduce out-of-home placements to reinvest those savingsinto Title IV-B programs with a defined maintenance ofeffort requirement.These reforms would address the rigidity of the currentchild welfare financing structure, its failure to properlyincentivize services and placements that are most likely toimprove outcomes for children and families, and the need10 Federal support is provided for all children andyouth who are substantiated as abused or neglected,determined to be dependent, or in need of protectiveservices. Federal funding is tied to children and youth in needand not a block grant or other arbitrary cap. Maintain the partnership on child welfare betweenfederal, tribal, state and local governments. Child welfare reform is enacted that will providegreater support to states, require more accountability and address the need for prevention and postpermanency services.POLICY RECOMMENDATIONSCongress and the Administration shouldenact comprehensive finance reform that: Opens up IV-E to include funding for preventionservices; Allows states that reduce out-of-home placementsto reinvest those savings into IV-B programs with adefined maintenance of effort requirement; Maintains the Title IV-E entitlement for foster care,adoption assistance and kinship cares; and De-links Title IV-E foster care and kinship care fromthe AFDC eligibility requirements.RECOMMENDATIONSFOR THEADMINISTRATIONAND113TH CONGRESS

IMPROVING WORKFORCE SUPPORTSBLUEPRINT PRINCIPLEThe workforce consists of competent skilled people witha variety of experiences and representing varied disciplines. They are committed to high-quality service deliveryand are provided with the training, tools, resources, andsupport necessary to perform their roles effectively.more training both for front line workers and supervisors,as well as reducing caseloads as ways to retain a qualitychild welfare workforce. Currently, there are a number offederal statutes that provide grants that cover training forchild welfare workers and loan forgiveness for public childand family service agency employees. In addition, the Childand Family Services Improvement and Innovation Act provided greater flexibility for caseworker

rights and needs of children. BACKGROUND Children's rights are human rights that are essential to liv-ing as human beings. Children's rights are absolute and fun-damental to advancing the human rights of all human beings. Each child has a right to be raised in a nurturing, loving family, with basic needs like food, primary health care, and .

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