New federal regulations aimed at ensuring that states adequately protect children in foster care and adoptive homes were discussed during a February 17 hearing held by the House Ways and Means Human Resources Subcommittee.
Every state across the country is responsible for its own foster care and adoptive services. However, as federal funds are provided to aid in those efforts, Subcommittee Chair Nancy Johnson (R-CT) said, “We are responsible for making sure that states spend federal money on the problems we specify and that they mount effective programs.” She added: “Our oversight role is especially straightforward when we have nearly universal agreement about the goals of…child safety, child permanency [in adoptive homes], and child and family well-being.”
Olivia Golden of the Department of Health and Human Services described a new set of regulations issued in response to a 1994 congressional mandate. Under the new rules, federal investigators will conduct “intensive on-site reviews” of the foster care and adoption programs in all 50 states over the next four years.
The reviews will include national standards for states to meet in three areas:
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She also said states with programs requiring improvement will be given “opportunities…to correct areas of non-compliance before we withhold federal funds.”
Rep. Johnson said, “As I learn more about how the new review system works, it seems evident that a great deal of thought and work has gone into its development. More important, it seems to me that the system holds solid promise for providing accurate information.”
Testimony was also given by Rep. Jim Greenwood (R-PA), who expressed concern that the new regulations will not crack down on abuse cases arising from state-to-state foster care and adoption placements, which can escape regulation by either of the states involved. “I remain skeptical that these regulations may not adequately address the problem of interjurisdictional placements,” he said.
Rep. Greenwood described a case in which a Pennsylvania man was allowed to adopt 28 children over 29 years through a New York-based adoption agency. The man was arrested in 1998, Rep. Greenwood told the subcommittee, adding that next month he will be tried on 37 counts of indecent assault, endangering the welfare of a child, involuntary deviant sexual intercourse, and corruption of minors. “I hope the new HHS regulations will prevent such occurrences in the future, but I urge the members of the subcommittee and the administration to remain cautiously skeptical as you proceed with the new system,” he said.
