FOR IMMEDIATE RELEASE:
Tuesday Jan. 25, 2000
Contact: Michael Kharfen, (202) 401-9215
HHS Issues Final Child Welfare Regulations to Improve Services and Outcomes
for Children
HHS Secretary Donna
E. Shalala today announced important new regulations that will improve
outcomes for abused and neglected children, children in foster care, and
children awaiting adoption.
The regulations will
hold states accountable for services to at-risk children with a new, results-oriented
approach in federal monitoring of state child welfare programs. The final
rule will also guide states in the implementation of recent new laws including
the Adoption and Safe Families Act and the Interethnic Adoption provisions
passed as part of the Small Business Job Protection Act. Under a new federal
review process, states will be measured for the first time on the quality
of services provided to, and outcome results for, at-risk children. States
will also be subject to tough new penalties as well as being given the
opportunity to undertake corrective action plans.
"With this regulation,
we are taking a real step toward ensuring that vulnerable children will
be able to live safely, in permanent and loving homes," said Secretary
Shalala. "This regulation demonstrates a critical and significant
shift in holding states accountable for children's safety and permanency
while promoting their well-being."
Under the regulation,
states will be assessed for compliance with federal requirements for child
protective services, foster care, adoption and family preservation and
support services under titles IV-B and IV-E of the Social Security Act.
Those services cover the investigation of families where children are
at risk, placements and supervision of children in foster care, development
of child permanency plans for court hearings, reunification with birth
families when safe, and adoption. The reviews will be in two areas: outcomes
for children and families in terms of safety, permanency and child and
family well-being; and the administration of state programs that directly
affect the capacity to deliver services leading to improved outcomes.
Federal staff will work with states to develop plans for making improvements
in programs before assessing penalties and withholding funds. However,
if a state remains in non-compliance, a financial penalty based on the
extent of non-compliance will be assessed.
The final regulation
being issued today reflects a consensus between Congress and the Clinton
administration that the former review process for states focused too narrowly
on paperwork. HHS launched an extensive consultation process with states
and stakeholders to develop a new process that will better assess how
states are performing and pilot tested reviews with states. The new review
process will contain accountability of quality services provided to children,
the use of quantitative and qualitative statewide data indicators to measure
outcomes for children. The measures include the length of time it takes
for children in foster care to move into a permanent home, instances of
maltreatment
of children in foster care, and the quality of systems for regularly reviewing
cases of children in foster care and the recruitment of prospective adoptive
parents. Reviews will also include interviews with children, parents,
foster parents and service providers.
"We are confident
that the new approach to monitoring in this regulation will strengthen
the timeliness and quality of decision-making for children and families,"
said Olivia A. Golden, HHS assistant secretary for children and families.
"For the first time, hold the states accountable for the results
that we and they care so much about accomplishing for children and families.
This regulation definitely puts the emphasis where it belongs: on safety
and permanent homes for children."
The Adoption and
Safe Families Act of 1997, based on President Clinton's Adoption 2002
proposal, made the most sweeping changes in the child welfare program
since it was established. The regulation implements several of the law's
requirements regarding states' efforts to achieve safety and permanency
for children. First, the rule clarifies that states have broad flexibility
to define circumstances in which "reasonable efforts" are not
required to preserve or reunify a child with the birth family because
of safety concerns. Second, for children in foster care, states must obtain
a court order at least every 12 months showing that the state made reasonable
efforts to develop a permanent plan for reunification or legal guardianship
or adoption. Third, the regulation provides guidance for states on filing
petitions for termination of parental rights for certain children in foster
care and makes clear that no groups of children may be exempt from the
requirement. Under the law, states must begin termination of parental
rights proceedings for a child in foster care 15 months of the previous
22 months. Finally, the rule requires states to conduct criminal record
checks for prospective foster or adoptive parents, or otherwise document
the safety of a child's placement.
The Interethnic Adoption
provisions, passed as part of the Small Business Job Protection Act in
1996, prohibit discrimination based on race, color or national origin
in the placement of children for foster care and adoption. As clarified
in the new regulation, states that are determined to have discriminated
against an individual will be assessed a penalty immediately, consistent
with the law. If an individual was not discriminated against but HHS finds
that a state policy or practice is in violation of the law, the state
has six months to correct it before the penalty takes effect.
"The provisions
of this regulation allow the federal government to hold states accountable
with the use of federal funds, while emphasizing positive outcomes for
children and families," said Patricia Montoya, commissioner of the
Administration on Children, Youth and Families. "A strong state-federal
partnership approach to implementing these laws is the best way to achieve
improved lives for our most vulnerable citizens."
The effective date
of the final rule is March 25, 2000.
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Note: All HHS press releases, fact sheets and other press materials are
available at http://www.hhs.gov/news.
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