WashingtonWatch.com - S. 3038, The Improved Adoption Incentives and Relative Guardianship Support Act of 2008

Comment by Bree (December 30, 2008, 01:00:00)

Tue, 30 Dec 2008 00:00:00 EST

I'm doing a policy paper for my High School government class and I am writing it over adoption and more importantly this Bill. At first, I was looking at it as a good thing but this sight has opened my eyes to its major flaws. I was looking at as incentives to adopt the children already in the foster care program, but what they are doing is terrible. I didn't think to look what happens before the children are in the program. I think the idea of the program is in good thought, but the people running it, ruin it. There are some cases where the children really do need to be taken out of the home, but for CPS to take the children out of the home for no reason jut to make the state money is horrific. I'm very sorry to hear that some of you had your children taken from you, it hurts me, it really does. I've gained a passion for this and I'm ready to do something, I'm doing my research....

Comment by Denice roberts (December 28, 2008, 01:00:00)

Sun, 28 Dec 2008 00:00:00 EST

We need to stop talking and start doing something....

Revision by webmaster (December 10, 2008, 01:00:00)

Wed, 10 Dec 2008 00:00:00 EST

S. 3038 would amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs.

Detailed Summary

Improved Adoption Incentives and Relative Guardianship Support Act of 2008 - Title I: Extension and Improvement of Adoption Incentives - (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to: (1) extend the adoption incentives program through FY2012; (2) increase the incentive payment to a state, according to a specified formula, for exceeding the highest ever foster child adoption rate; and (3) increase incentive payments for special needs adoptions and older child adoptions.

(Sec. 102) Revises requirements for the adoption assistance program with respect to the adoption of children with special needs.

Title II: Support for Relative Guardianships - (Sec. 201) Gives states the option to provide for relative guardianship assistance payments for children. Prescribes requirements for such payments.

Requires the use of unawarded adoption incentive funds to make relative guardianship incentive payments.

Makes children who exit foster care for relative guardianship or adoption after age 16 eligible for independent living services and education and training vouchers under the John H. Chafee Foster Care Independence Program.

Requires a state plan for foster care and adoption assistance to provide that, within 30 days after removal of a child from the parent's or parents' custody, the state shall exercise due diligence to identify and notify all the child's adult relatives of the removal, and: (1) explain the relative's options to participate in the child's care and placement; (2) describe the requirements to become a foster family home, and the additional services and supports available for children placed in such a home; and (3) explain the availability, if any, of kinship guardianship assistance payments.

Provides for a penalty in connection with the state's Temporary Assistance for Needy Families grant for noncompliance with such notice requirements.

Requires the state to inform any individual who is adopting, or whom the state is made aware is considering adopting, a child in foster care under state responsibility of the individual's potential eligibility for a federal tax credit.

Sets forth case plan requirements in the case of a child with respect to whom the permanency plan is placement with a relative and receipt of relative guardianship assistance payments.

Requires states to check any child abuse and neglect registry maintained by other states in which a relative guardian has resided in the preceding five years before such an individual may be approved for placement of a child.

(Sec. 202) Directs the Secretary to establish up to 10 two-year demonstration projects to determine the extent to which flexibility in the application of certain licensing standards to foster family homes of immediate relative foster parents results in improved well-being and permanency outcomes for children in foster care.

(Sec. 203) Amends SSA title IV part B (Child and Family Services) to authorize the Assistant Secretary for Children and Families of the Department of Health and Human Services to make grants to eligible entities for the federal share (50%) of the cost of carrying out kinship navigator programs that help connect kinship caregivers with the services and assistance required to meet the needs of the children they are raising and their own needs.

Makes appropriations for such grants for FY2009-FY2013.

(Sec. 204) Amends SSA title IV part D (Child Support and Establishment of Paternity) to authorize comparisons and disclosures to state agencies of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes.

Title III: Tribal Foster Care and Adoption Access - (Sec. 301) Amends SSA title IV part E to allow an Indian tribe, tribal organization, or tribal consortium, if specified requirements are met, to receive direct federal funds for foster care and adoption services for Indian children it provides. Prescribes requirements for determination of the federal medical assistance percentage (FMAP) for calculating such payments.

Authorizes an Indian tribe, tribal organization, or tribal consortium to receive a portion of a state plan allotment as part of an agreement to operate the John H. Chafee Foster Care Independence Program.

(Sec. 302) Directs the Secretary to make grants to states that successfully collaborate with and support tribes to improve permanency outcomes for Indian children.

(Sec. 303) Directs the Secretary to establish a National Child Welfare Resource Center for Tribes.

Title IV: Support for Older Children in Foster Care and Other Provisions - (Sec. 401) Amends SSA title IV part E to give states the option of covering certain children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18.

(Sec. 402) Requires a state agency caseworker and appropriate other representatives of a child aging out of foster care to assist the child in developing a transition plan personalized at the child's direction, which includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, as well as work force supports and employment services.

(Sec. 403) Requires case plans under SSA title B or E to include a plan for ensuring the educational stability of the child while in foster care.

Title V: Revenue Provisions - (Sec. 501) Amends the Internal Revenue Code to: (1) require the children in adoption to be unmarried and younger than the taxpayer claiming a personal exemption for a dependent; and (2) restrict qualifying child tax benefits to the child's parent, or where no parent claims a qualifying child, to another taxpayer, but only if the other taxpayer's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents.

(Sec. 502) Provides for the collection of unemployment compensation debts resulting from fraud.

(Sec. 503) Authorizes the Secretary of the Treasury to invest U.S. operating cash in repurchase agreements with acceptable parties.

Status of the Legislation

Latest Major Action: 9/16/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 972.

Points in Favor

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Points Against

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Comment by Myrna (November 10, 2008, 01:00:00)

Mon, 10 Nov 2008 00:00:00 EST

I have too had my daughter taken from me when when she was only 2 1/2 years old. It makes me sick to see the government making money off our children every second of the day. In California, the money that the state gets here is $30,000, and $5,000 federal bonus. Too many children are torn apart from the horrifying laws that legislation passes in this country. SHAME ON YOU - C.P.S. AND OTHER AFFILIATES ASSOCIATED WITH C.P.S. SHAME ON YOU FOR STEALING OUR CHILDREN. Peace all....

Comment by The legislation is now a law... (October 9, 2008, 01:00:00)

Thu, 09 Oct 2008 00:00:00 EDT

Folks, the legislation that you speak of became when the President signed H.R. 6893 Tuesday afternoon. The legsilation will allow tens of thousands of children to remain in kinship/guardianship families, continue to recieve supports up to their 21st birthday, cordinates the health and educational services for foster children, and strenghtens the adoption incentives program....

Comment by Grandma in Kettle Falls (October 7, 2008, 01:00:00)

Tue, 07 Oct 2008 00:00:00 EDT

Any one given the power to remove and make decisions regarding removal of children from their families should have to go through the same examinations, including psychological as a Law Enforcement Officer . Power in the wrong hands is very dangerous - that is what has caused this disaster of unnecessary child removal to happen.Social workers are not qualified to make these choices, yet every day they do . They pay social workers and their supervisor's high salaries and they need to demand higher standards of people in positions who are affecting the lives of children . When people dislike someone they can make one phone call and the parents are considered guilty and often the social workers purger themselves before the court . Unless the parent or grandparent can afford an attorney ( and are lucky enough to buy a good one )they most likely will lose in court . And lose their child .People want to adopt smart good looking children,social workers want money .Pray and vote wisely....

Comment by God help us (October 7, 2008, 01:00:00)

Tue, 07 Oct 2008 00:00:00 EDT

There are too many people with power that are not held accountable. Too many families torn apart and ever so many people turn their heads the other way. These children are our future. Alot of the children in foster care have family that are ready,willing and able to care for them....

Comment by www.GrandparentsForChildren.Org (October 6, 2008, 01:00:00)

Mon, 06 Oct 2008 00:00:00 EDT

We have to get this on the news , just like we did before . Bombarde John Langler at KXLY in Spokane . He sees what this system is doing to our children and grandchildren and he feels for all of us . HE is a good young man , he sees all ends of this being a newsman . HE sees the horror stories all over this state and I feel that if you can reach him and let him know, he told me he is getting a big story going . He needs all you guys have out there . HE will expose them and this will be a Huge Success with him on our side . Our success began with first a gutsy politian and prosecutor and now the amount of people speaking out is overwhelmeng .. Prayer is also such a huge help for all of us . It keeps us strong and gives us the courage to fight against these horrible people who are trying to intimidate families from fighting for their children . They are not just trying to destroy our Grandchildren, but our children as well . The Lord is on our side and we will win .God Bless....

Comment by Diane Booth (September 28, 2008, 01:00:00)

Sun, 28 Sep 2008 00:00:00 EDT

There is a holocaust of blonde hair/blue eye children and families going on not only in Canada, but the USA, UK, Sweden - everywhere. We MUST join together and file a Complaint in the World Court - since the directives must be coming down from a central place - its tentacles reaching all of our countries...

Revision by webmaster (September 17, 2008, 01:00:00)

Wed, 17 Sep 2008 00:00:00 EDT

Detailed Summary

Improved Adoption Incentives and Relative Guardianship Support Act of 2008 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to: (1) extend the adoption incentives program through FY2012; (2) increase the incentive payment to a state for exceeding the highest ever foster child adoption rate; (3) increase incentive payments for special needs adoptions and older child adoptions; (4) revise requirements for the adoption assistance program to promote the adoption of children with special needs; and (5) give states the option to provide for relative guardianship assistance payments for children.

Amends SSA title IV part D (Child Support and Establishment of Paternity) to authorize comparisons and disclosures of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes.

Status of the Legislation

Latest Major Action: 9/16/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 972.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

Comment by T. Atwood (September 16, 2008, 01:00:00)

Tue, 16 Sep 2008 00:00:00 EDT

Each year hundreds of children in the foster care system age out without a family. The vast majority of these children were placed in foster care because their homes were abusive or neglectful. It is VERY unfortunate that some children are taken without just cause. But wouldn't you rather some children be removed from non abusive situations, as a precaution, than to leave helpless children in abusive homes? We have to err on the side of the safety and well-being of the child. While no government funding is ever used exactly as we (the people) intend it to be, the purpose of this funding is to encourage the adoption of children from the foster care system. There is no shortage of children, with or without the bill. I reiterate, thousands age out of the system each year. There is, however, a shortage of people who are willing, or able, to adopt these kids. The adoption incentive allows some families who want to adopt, but would otherwise not be able to afford it, to do so....

Status as of September 16, 2008

Tue, 16 Sep 2008 00:00:00 EDT

9/16/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 972.

Comment by Jan Smith (September 12, 2008, 01:00:00)

Fri, 12 Sep 2008 00:00:00 EDT

I am going to organize a march. Here is the problem though.....I have studied the Federal Reserve and have discovered that they are in control of the Social Security that is being used to fund adoptions. Also, Congress is now in child trafficking world wide using Social Security to do so. Two countries refuse to send children here because of the lack of ethics. It is a racket - parents, extended family, foster parents etc are all caught in this huge web of deception and marketing of children. I am thinking that a march on the federal reserve banks would produce better results because they are the ones in charge of all this. Also, I am going to study their liability with the American people. There are twelve banks spread around the United States. People may find it easier to march where it is closer to home. Jan Smith...

Comment by Jan Smith (September 12, 2008, 01:00:00)

Fri, 12 Sep 2008 00:00:00 EDT

This is a nice pic of Grassley. It also suggests why we can't get Congress to listen. http://www.ccainstitute.org/ Watch the stream. It is pretty tough to get someone to listen that is lining their pockets with the blood of families....

Status as of September 10, 2008

Wed, 10 Sep 2008 00:00:00 EDT

9/10/2008: Senate committee/subcommittee actions. Status: Committee on Finance. Date of scheduled consideration. SD-215. 10:00 a.m.

Comment by Debra Braxton (September 6, 2008, 01:00:00)

Sat, 06 Sep 2008 00:00:00 EDT

I have first hand experience with the CPS and these people do not play well with others. I sent my comments to my senators from my state....

Comment by Jan Smith (September 5, 2008, 01:00:00)

Fri, 05 Sep 2008 00:00:00 EDT

Jenny's comments are just one of many women who fail to look at both sides of the story. Armed with the brainwashing the system provides, they go forth and accuse people without provocation fancying themselves as purveyers of justice without all the facts. Honestly, it is silly emotional women that are costing us all the due process rights. They are the ones I fight at the state capital. The men just go along with them to shut them up writing laws that destroy our lives as they go. Become an activist and see who you fight and what their arguments are. They all talk out their butt....

Comment by Jan Smith (September 5, 2008, 01:00:00)

Fri, 05 Sep 2008 00:00:00 EDT

Notice that Grassley is gaining momentum and backing. He started out with about three people now there is a whole bunch. This is after I sent him the class action. They don't care about people's rights. We need to bind together and sue or require people to start stepping down from their offices. washingtonstateextendedfamilies.com...

Comment by Jan Smith (September 5, 2008, 01:00:00)

Fri, 05 Sep 2008 00:00:00 EDT

This bill will do absolutely nothing for the people in my state. Washington hates guardianships and hates extended families. This is revealed in the fact that 22,000 children were removed, 65% of which was unsubstantiated. To make themselves look good, they take their statistics from what is left, that is 35% who end up in dependency long term The unsubstantiated may also be in foster care for months at a time before release. This means out of the 35% they take their statistics from, 1/3 actually end up in family care. The rest are screened out. So, Grassley, what are you hoping to accomplish?...

Comment by Jan Smith (September 5, 2008, 01:00:00)

Fri, 05 Sep 2008 00:00:00 EDT

Not only are extended family denied placement regularly, they are usually denied visitation. This system creates far more victims then it saves. A call to CPS means everybody loses except the child abductors....

Comment by free surrogate mother to the government (September 2, 2008, 01:00:00)

Tue, 02 Sep 2008 00:00:00 EDT

I find it outrageous that so many people agree that the government has overstepped their bounds,yet absolutely zero is being done to stop it.Being an American is nothing to be proud of anymore.Its a curse.And just when you thought it can't get any worse,some money-hungry senator comes up with 3038.Thanks alot,pal.Really appreciate it.So do the millions of children you just screwed for life.Hope you're proud of yourself.Just remember that what goes around,comes around....

Comment by aunt702 (August 23, 2008, 01:00:00)

Sat, 23 Aug 2008 00:00:00 EDT

After doing research Ive learned that this is a bussiness. I want to care4 my nieces and these voulchers are ptting obstacles "I ask WHy" Because they will mss out oon the bonuses DPS has an Adoption Agency which are the same thing except they try to confuse you they are in the same building they just operate with different guidelines At this point my sister is in the process where DPS filed a petition to cancel Family Unity Services that means your children are going to a vendor that is social services/adoption agency the Family Unity is 4 18 months The judge will terminate your family unity.INVOLUNTARILY OR VOLUNTARILY Please object to this Because the worst is here to come .The caretaker of your children are in a permanency plan and will not tell u. Then comes the Finalization court to remove you Parental rights. The court will make a desition issued an Order to Adopt if granted the parents will get new certificate.I object to this bill no more communism ideas...

Comment by Beverly Tran (August 19, 2008, 01:00:00)

Tue, 19 Aug 2008 00:00:00 EDT

When CAPTA was designed, there was a fatal flaw that was inculcated into ASFA. I speak of the lack of checks and balances. There is no transparency nor accountability. When a social system has a zero error rating in decisions to remove and/or terminate parental rights, a red flag should immediately be raised. All actions dealing with abuse and neglect should be strictly under the jurisdiction of law enforcement. There needs to be implemented a grievance process and database of such. There needs to be sanctions, fines, and contractual debarment for the child placing agencies that violate material provisions of law and policy. This peculiar institution of foster care has demonstrated itself to be dysfunctional as the failure to provide for the necessary needs of the child is considered abuse and neglect. Poverty is not a crime yet it has been codified to be under the current language. The time has come to hold child welfare agencies to the same standards parents are held....

Comment by Shannon Boothe (August 18, 2008, 01:00:00)

Mon, 18 Aug 2008 00:00:00 EDT

Have you read the laws? Just what section do you object to? It couldn't be..."SEC. 401. PRESERVATION OF REASONABLE PARENTING. Nothing in this Act is intended to disrupt the family unnecessarily or to intrude inappropriately into family life, to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting." Money is evil...Remove it and stop DHS. Are you kidding? The problem is "The incentive money is not being used as it was intended." Abolishing this law won't change that. Anyone dealing with DHS knows it is their unrestrained power that is the problem! There are rules and laws to protect parents and families. Did they follow the rules when they took your children? They didn't when they took ours! Give parents a legal right to request a lie detector test be given before removal of a child from their home and to a trial by jury! This would put a stop to the majority of unfair removals!...

Comment by Childless mother of 3 in NY (August 13, 2008, 01:00:00)

Wed, 13 Aug 2008 00:00:00 EDT

I was told by my caseworker that CPS got a "high" off of removing my children. If they don't like you you are doomed. If you have a history of mental illness, i.e. depression then you are a big target. Even though the "care of the children was never an issue" they still want to take my children. Especially if the kids are adoptable. If you are ever named in a report you will be a target for the rest of your childrens' childhood until they are of age, no matter what. Even if you don't beat or neglect your children. I have lived this since my mother went to social services in the hospital 13-1/2 years ago and told them she is "concerned" about the baby's well being. That just started the ball rolling. Even after that report was unfounded it still made me a target for whenever and whatever. I want to move to Canada. Maybe I will, if it is any better there. CPS has to be stopped. They don't care about the children, not one bit....