Foster Care Independence Act
Without objection) on December 14, 1999 |
The Foster Care Independence Act of 1999 (
With the passage of the Foster Care Independence Act of 1999, funding was increased to enable states to design, conduct, and evaluate independent living programs with the purpose of assisting youth as they transition out of foster care. States are encouraged to create programs that support youth by addressing finances, housing, health, education, and employment. The bill also increases support to youth aging out of foster care in other ways, such as broadening the eligibility requirements to obtain Medicaid and increasing funding for adoption incentives.
The Act also included provisions relating to Social Security (OASDI) and Supplemental Security Income (SSI) programs and provides special cash benefits to World War II veterans.
Overview
General
The Foster Care Independence Act of 1999 (
History
Over 20,000 youth age out of foster care each year and many are not prepared to live independently. Many youth are discharged from care with no social supports or assistance, resulting in lack of basic education, high rates of
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*The study reviewed case records for 659 foster care alumni in Northwest USA, and interviewed 479 of them
between September 2000 and January 2002.[9]
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Foster youth are more likely to have
Policy reform to aid foster youth was initiated in the 1980s by service providers and researchers who realized early on the poor outcomes associated with foster youth. The first policy impacting youth aging out of the foster system was the Federal Independent Living Initiative of 1986.
Independent living provisions
The purpose of the Foster Care Independence Act is to provide states with flexible funding that will enable children likely to "age out" of foster care at age 18 to obtain employment, continue their education, accept personal responsibility, and prepare for the transition from adolescence to adulthood. The program aims to help foster youth transition out of foster care by encouraging self-sufficiency through funding that will allow for States to design and conduct programs that include:[3]
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- Assistance obtaining a high school diploma
- Career exploration
- Vocational training
- Job placement and retention
- Budgeting and financial management skills
- Training in activities of daily living
- Substance abuse prevention
- Preventative health; such as smoking cessation, nutrition, and pregnancy prevention
Program funding is used to provide independent living support services to youth both before and after aging out of foster care. Funding supports financial, housing, counseling, employment, educational, and other supportive programs for transitioning youth.[3] Additional funding promotes interactions with mentors and dedicated adults to provide personal and emotional support to foster youth.[3] With the passage of the act, federal funding for the Independent Living Program was doubled from $70 million to $140 million a year.[13] However, states must contribute a 20 percent state match for Independent Living Program funds and use federal training funds to help foster parents address issues confronting adolescents preparing for independent living.[13]
Use of independent living funds
States may apply funds for a period of five consecutive years through an application process that requires submission of a plan that meets requirements of a program that supports transitioning foster youth. Applications for funding must include plans including how the state will design and deliver programs, ensure that youth in various stages of transition will be served, and involve both public and private agencies in planning for independent living. State agencies are expected to administer, supervise, and oversee the programs carried out under the plan.[3]
The Act requires that states receiving funds develop outcome measures to assess the performance of independent living programs. States must measure data that includes educational attainment, high school graduation rates, employment, homelessness, non-marital childbirth, and incarceration. States must report data regarding the success of independent living program to Congress, or be subject to penalties for noncompliance.[3]
Medicaid provisions
The Act also increases health care options for youth aging out of foster care by making changes to the Medicaid law permitting states to provide Medicaid coverage to youth upon aging out of foster care, up to the age of 21.[4] Provisions also allow for former foster youth who are considered low income to be provided with Medicaid coverage by permitting foster youths to have assets up to $10,000 without compromising their assistance.[2]
Adoption assistance provisions
The Act increases funding for adoption incentive payments,[4] which are bonuses to states for increasing the number of children adopted from public foster care, as opposed to youth remaining in foster care. Additional funding for adoption incentive payments enables States to receive the full amount of the earned bonuses due to increasing adoption rates.[14]
OASDI and SSI provisions
Title II of the Act includes provisions relating to OASDI and SSI provisions. Provisions aim to reduce overpayment and fraud. The Act also contains provisions authorizing a study to determine reasons why family farmers are denied SSI benefits. The following are summary descriptions of the Social Security Administration (SSA) provisions:[3]
Liability of representative payees
- Makes representative payees liable for any OASDI or SSI overpayment made to a beneficiary who is deceased.[4]
- Requires the SSA to create a record under the representative payee's Social Security Number to establish overpayment control.[4]
Recovery of overpayments
- SSI overpayments must be recovered from SSI lump sum amounts by withholding 50 percent of the lump sum amount of the overpayment.[4]
Debt collection
- Extends the debt collection practices available for OASDI overpayments to the SSI program.[4]
Requirement to provide state prisoner information
- Prisoner information must be reported to Federal or federally assisted cash, food, or medical assistance programs.[4]
Treatment of assets held in trust
- For SSI purposes, the assets of any trust containing property transferred from an individual or an individual's spouse, will be included as countable resources.[4]
- An earnings or additions to a trust will be counted as the individual's income.[4]
- Application of the provision to include trust contributions can be waived in cases of "undue hardship," to ensure that SSI beneficiaries who lose their SSI benefits because of assets held in trust will not automatically lose Medicaid benefits.[3][4]
Disposal of resources
- Provides a penalty of loss of SSI benefits for up to 36 months for the disposal of resources at less than fair market value.[4]
Penalties for false or misleading statements
- For individuals who made a "statement or representation of material fact" for use in determining SSI or OASDI benefits, a penalty is imposed.[4]
- Deletes the provision that denies benefits for 10 years to any individual convicted of making a fraudulent statement in order to simultaneously collect assistance payments in two or more States.[4]
Exclusion of representatives and health care providers
- If representatives and/or healthcare providers are found to have helped committed fraud, they are barred from the OASDI and SSI programs.[4]
- The bar would last 5 years for a first offense, 10 years for a second offense, and permanent exclusion for a third offense.[4]
State data exchanges
- Require that the SSA's privacy standards for data sharing meet the State Privacy Standard.[4]
Study to improve fraud prevention
- Requires that a study be completed to identify measures to reduce OASDI and SSI fraud.[3]
- Includes study to improve processing of beneficiaries reporting change or income.[4]
- Requires a report of recommendations from the study to the Senate Finance Committee.[4]
Annual reporting
- Requires that the SSA include in its annual budget an itemization of the amount of funds required to support efforts to combat fraud by applicants and beneficiaries .[4]
Computer matches with institutionalization data
- Requires periodic matches with Medicare and Medicaid data held by the Secretary of Health and Human Services (HHS).[4]
Access to information
- Provides that SSI applicants and beneficiaries may be required to provide authorization to the SSA to obtain financial records from any financial institution.[4]
- Refusal to provide authorization to the SSA to obtain financial records may result in ineligibility for SSI.[4]
Study of denial of SSI benefits for family farmers
- Requires a study to determine the reasons why family farmers with resources under $100,000 are denied benefits.[4]
- The study would include whether the policies discriminate against family farmers, and the number family farmers who have been denied benefits in each of the past 10 years.[4]
Provisions for special benefits to certain World War II veterans
The Foster Care Independence Act also establishes a new title VIII of the Social Security Act that entitles certain World War II veterans to a monthly SSI benefit.[3] "Every individual who is a qualified individual... shall, in accordance with and subject to the provisions of this title, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States."[3] Qualified individuals are considered individuals who:[3]
- Are 65 years of age or older
- Are World War II veteran;
- Are eligible for a supplemental security income benefit under title XVI
- Have a total benefit income that is less than 75 percent of the Federal benefit rate under title XVI
- Have filed an application for benefits under this title
- Are in compliance with all requirements imposed by the Commissioner of Social Security under this title[3]
Legislative history
First Lady of the United States Hillary Clinton was instrumental in passage of the bill, first holding a youth conference on the issues involved and then lobbying the United States Congress in support of legislation.[2][15] It followed in the wake of her support for the earlier Adoption and Safe Families Act of 1997, which made it easier to adopt foster children;[16] the Foster Care Independence Act was intended to ease the transition into adulthood of foster children who did not get adopted.[16]
Passage of the bill itself was non-controversial: H.R. 3443 was introduced in the
Upon signing the bill into law, President Bill Clinton stated:
Hillary and I are very pleased that the Congress today approved H.R. 3443, "Foster Care Independence Act of 1999." This legislation helps ensure that young people in foster care get the tools they need to make the most of their lives. It builds on proposals in my budget to empower those leaving foster care by providing them access to health care, better educational opportunities, training, housing assistance, counseling, and other support and services. We cannot let these young people walk their tough road alone.[14]
With the passage of the Foster Care Independence Act of 1999, the name of the Independent Living Program was changed to the John H. Chafee Foster Care Independence Program as a testimonial to the late Senator Chafee (R-RI). Senator Chafee was the Senate sponsor of the legislation.[13][18] Senator Chafee recognized the need for special support and assistance for youth transitioning out of foster care. Senator Chafee was also a vocal advocate for abused and neglected children.[19]
See also
- Foster Care
- Adoption and Safe Families Act
- Aging out
References
- ^ Stangler, Shirk M. (2004). What Happens to Kids When They Age out of the Foster Care System?. Boulder: Westview Press.
- ^ a b c "President Clinton Signs H.R. 3443, The Foster Care Independence Act of 1999". Social Security Administration. 1999-12-17. Retrieved 2008-03-15.
- ^ U.S. Department of Health and Human Services. Retrieved 2012-04-15.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z Social Security Bulletin. 62 (4). 1999.
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(help) - ^ "Dependent Youth Aging Out of Foster Care:A Guide for Judges". Juvenile Law Center. 2003.
- PMID 11817658.
- ^ doi:10.1002/car.932.
- ^ "Barriers Facing Foster Care Youth: Local and National Statistics about Emancipating Foster Youth" (PDF). Honoring Emancipated Youth. Archived from the original (PDF) on 2012-03-16. Retrieved 2012-04-15.
- ^ a b "Findings from the Northwest Foster Care Alumni Study" (PDF). Archived from the original (PDF) on 2014-06-03. Retrieved 2012-04-15.
- ^ Casey Family Programs, Harvard Medical School (2005.04.05). "Former Foster Children in Oregon and Washington Suffer Posttraumatic Stress Disorder at Twice the Rate of U.S War Veterans"Jimcaseyyouth.org. Retrieved 2010-03-23. Archived February 21, 2007, at the Wayback Machine
- ^ Cook, Rebecca (2005-04-07). "One in four foster children suffers from post-traumatic stress, study finds". Seattletimes.nwsource.com. Retrieved 2011-11-01.
- ^ "Public Law 105-89, 105th Congress". 1997. Archived from the original on 2012-04-14. Retrieved 2012-04-15.
- ^ a b c "Foster Care Independence Act of 1999". Child Welfare League of America. 1999-11-23. Archived from the original on February 10, 2001. Retrieved 2015-09-16.
- ^ a b "Statement on Congressional Action on the "Foster Care Independence Act of 1999"" (PDF). Administration on William J. Clinton, 1990. 1999-11-20. Retrieved 2012-04-15.
- ^ Sengupta, Somini (2000-10-29). "Campaigns Soft-Pedal On Children and the Poor". The New York Times. Retrieved 2008-03-15.
- ^ a b "First Lady Biography: Hillary Clinton". National First Ladies' Library. Archived from the original on 2012-04-14. Retrieved 2006-08-22.
- ^ "Bill Summary & Status: 106th Congress (1999 - 2000): H.R.3443: Major Congressional Actions". THOMAS. Library of Congress. Archived from the original on 2016-01-23. Retrieved 2012-04-17.
- ^ "John H. Chafee Foster Care Independence Program". The National Resource Center for Youth Services at the University of Oklahoma. Archived from the original on 2015-09-11. Retrieved 2015-09-16.
- ^ "Foster Care Independence Act of 1999 and the John H. Chafee Foster Care Independence Program" (PDF). University of Michigan School of Social Work. Retrieved 2012-04-15.
External links
- Pub. L.106–169 (text) (PDF), Foster Care Independence Act at Library of Congress
- The John H. Chafee Foster Care Independence Program Archived 2012-04-14 at the Wayback Machine