Create Accountable Respectful Environments (CARE) for Children Act
Summary
The "Create Accountable Respectful Environments (CARE) for Children Act" aims to improve the foster care system by addressing the shortage of appropriate foster homes and ensuring the safety and well-being of children in care. It focuses on placing foster children in "cottage family homes" and making them eligible for foster care maintenance payments. The bill amends Title IV, Part E of the Social Security Act to incorporate these changes.
Specifically, the Act defines "cottage family homes" and sets standards for their operation, including requirements for trauma-informed care, restrictions on restraints, and continuous quality improvement. It also emphasizes maintaining connections between children and their families and sibling groups.
Furthermore, the Act preserves state flexibility in treating cottage family homes as foster family homes and allows states to determine the best interests of children and families in these placements.
Expected Effects
This Act will likely increase the availability of foster care placements by creating a new category of "cottage family homes". It will also standardize the quality of care provided in these homes through specific operational requirements.
The changes will make children placed in cottage family homes eligible for foster care maintenance payments, potentially increasing funding for these facilities. The Act's emphasis on family connections and trauma-informed care may improve the overall well-being of children in foster care.
States may need to update their legislation to comply with the new requirements, although the Act allows for a delay if state legislation is required.
Potential Benefits
- Increased availability of foster care placements.
- Improved standards of care in cottage family homes, including trauma-informed approaches.
- Enhanced support for maintaining family connections and sibling groups.
- Increased funding for cottage family homes through foster care maintenance payments.
- Greater state flexibility in implementing foster care programs.
Potential Disadvantages
- Potential costs associated with licensing and oversight of cottage family homes.
- Possible challenges for states in meeting the new requirements, especially those requiring legislative changes.
- Risk of inconsistent implementation across states due to preserved state flexibility.
- Uncertainty regarding the long-term effectiveness of cottage family homes compared to traditional foster care settings.
- Potential for increased administrative burden on child care agencies.
Constitutional Alignment
The CARE for Children Act appears to align with the Constitution's general welfare clause (Preamble). It promotes the well-being of children in foster care, which can be argued as contributing to the "general Welfare".
While the federal government's role in child welfare is not explicitly defined in the Constitution, the Social Security Act, which this bill amends, has been upheld as constitutional under the spending clause (Article I, Section 8). This clause allows Congress to collect taxes and provide for the general welfare of the United States.
The Act's preservation of state flexibility respects the principles of federalism, allowing states to tailor their foster care programs to meet their specific needs.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).