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NCSL NEWS

September 25, 2008

Congress Extends Adoption Aid, Helps Relative Caregivers

WASHINGTON ­­­­—  In a bipartisan effort promoting family ties, Congress passed a measure that will allow more children in foster care to live with relatives as well as ease the transition out of the system when these children become adults.

The measure, called the Fostering Connections to Success and Increasing Adoptions Act of 2008, HR 6893, now goes to the president's desk for his signature. The National Conference of State Legislatures (NCSL) sent letters to members of Congress supporting the legislation because states recognize that maintaining a familial connection for many of these children in foster care is crucial for their progress and development.

“Whether through adoption or relatives becoming guardians, it's essential that we help children and young people find an environment that provides them love and support,” said Representative Ruth Kagi of Washington, who chairs NCSL’s Human Services and Welfare Committee. “Keeping families together, including allowing grandparents or other family members to care for children who cannot remain with their parents, should be given priority for custody over placement in a foster home with a non-relative.”

Many states have programs allowing children in foster care to live with a relative, but this legislation allocates federal money and support services for caretaker relatives. Also, the measure increases incentives for adoption, particularly for families who adopt children with special needs and older youth in foster care. 

The bill also:

  • Allows federal subsidies to relatives who become legal guardians of children in foster care. In many states, this money is lost when they assume legal guardianship.
  • Extends and expands the current program of incentives for children adopted out of foster care. As it is now, many relatives do not receive such payments because the birth family's income level disqualifies them under welfare rules.
  • Extends the federal reimbursement period during which states receive payments for foster care youth from the current age of 18 to 21, if the youth are working or in school.

Perhaps equally as important, the legislation increases resources available to children aging out of foster care to help them make the transition into adult life. NCSL’s Child Welfare policy has long called for the expansion of federal financial participation for states that provide assistance to youth aged 18 to 21 who are preparing to leave foster care even though they may have been adopted or have a legal guardian. 

"Reauthorization of the adoption incentives program will provide critical resources and reward state efforts to find permanence for children in the child welfare system," Rep. Kagi said. "We commend the House and Senate for its leadership and commitment to addressing the needs of our nation's most vulnerable children and youth. Now, we call on the president to sign this measure to provide the stable, loving family environment these children need and deserve."

NCSL is the bipartisan organization that serves the legislators and staff of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.

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202-624-8667

Meagan Dorsch
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303-856-1412

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