WASHINGTON, D.C. – Today, a U.S. Senate Committee unanimously approved critical legislation that will afford foster children more permanency in their lives, by renewing and increasing the effectiveness of the federal Adoption Incentive Program. The improved Adoption Assistance and Guardianship Support Act (S. 3038), was reported out of the Senate Committee on Finance, and now heads to the full Senate for consideration.

Specifically the legislation, for the first time, provides support to relatives who want to permanently care for children outside the foster care system, such as grandparents. This includes federal assistance and simplification of the process which allows relatives to step in and raise children when their parents cannot. Moreover, the measure offers these incentives for American Indian children in foster care, by allowing tribes the same direct access to federal foster care, adoption assistance, and relative guardianship funding that states have. In addition, the legislation increases opportunities for success for older youth in foster care as they transition into adult life; by continuing federal foster care payments beyond the age of 18. This measure is critical, as the Adoption Incentive Program expires on September 30, 2008.

“Passage of this legislation will allow thousands of children in the foster care system to obtain permanent homes,” said Bruce Lesley, president of First Focus, a bipartisan Children’s advocacy organization. “More than 500,000 children reside in our nation’s foster care system, which is significantly overwhelmed and under-resourced. This legislation will alleviate some of the burdens of the system, by ensuring that children do not linger in ‘foster care drift,’ moving from one temporary home to another. Instead, this legislation will ensure that many of these children have a permanent home. We urge the Senate to swiftly approve this legislation, so it may become law before the program expires at the end of September.”

It has been over ten years since any significant federal foster care reform legislation has passed Congress and been signed into law. In June, the House of Representatives passed similar legislation (H.R. 6307) with strong bipartisan support.

In addition to the aforementioned provisions, both the House and Senate bills include measures to:

  • Increases incentives for adoption of children in the foster care system, particularly for those with special needs and older youth;
  • Make it easier for immediate relatives to step in to raise children when their parents cannot, by mandating notification of relatives when children are removed from their parents;
  • Improve educational opportunities for children and youth in foster care, which will also increase their opportunities for later success.