Strengthening the Child Welfare System for America's Children

[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]

[Presidential Documents]

[Pages 38741-38745]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2020-14077]

Presidential Documents

Federal Register / Vol. 85 , No. 125 / Monday, June 29, 2020 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 38741]]

Executive Order 13930 of June 24, 2020

Strengthening the Child Welfare System for

America's Children

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered as follows:

Section 1. Purpose. Every child deserves a family. Our

States and communities have both a legal obligation,

and the privilege, to care for our Nation's most

vulnerable children.

The best foster care system is one that is not needed

in the first place. My Administration has been focused

on prevention strategies that keep children safe while

strengthening families so that children do not enter

foster care unnecessarily. Last year, and for only the

second time since 2011, the number of children in the

foster care system declined, and for the third year in

a row, the number of children entering foster care has

declined.

ldren safe while

strengthening families so that children do not enter

foster care unnecessarily. Last year, and for only the

second time since 2011, the number of children in the

foster care system declined, and for the third year in

a row, the number of children entering foster care has

declined.

But challenges remain. Too many young people who are in

our foster care system wait years before finding the

permanency of family. More than 400,000 children are

currently in foster care. Of those, more than 124,000

children are waiting for adoption, with nearly 6 out of

10 (58.4 percent) having already become legally

eligible for adoption.

More than 50 percent of the children waiting for

adoption have been in foster care--without the security

and constancy of a permanent family--for 2 years or

more. The need for stability and timely permanency is

particularly acute for children 9 years and older,

children in sibling groups, and those with intellectual

or physical disabilities.

Even worse, too many young men and women age out of

foster care having never found a permanent, stable

family. In recent years, approximately 20,000 young

people have aged out of foster care each year in the

United States

ren in sibling groups, and those with intellectual

or physical disabilities.

Even worse, too many young men and women age out of

foster care having never found a permanent, stable

family. In recent years, approximately 20,000 young

people have aged out of foster care each year in the

United States. Research has shown that young people who

age out of the foster care system are likely to

experience significant, and significantly increased,

life challenges--40 percent of such young people

studied experienced homelessness; 50 percent were

unemployed at age 24; 25 percent experienced post-

traumatic stress disorder; and 71 percent became

pregnant by age 21. These are unacceptable outcomes.

Several factors have contributed to the number of

children who wait in foster care for extended periods.

First, State and local child welfare agencies often do

not have robust partnerships with private community

organizations, including faith-based organizations.

Second, those who step up to be resource families for

children in foster care--including kin, guardians,

foster parents, and adoptive parents--may lack adequate

support. Third, too often the processes and systems

meant to help children and families in crisis have

instead created bureaucratic barriers that make it more

difficult for these children and families to get the

help they need.

in, guardians,

foster parents, and adoptive parents--may lack adequate

support. Third, too often the processes and systems

meant to help children and families in crisis have

instead created bureaucratic barriers that make it more

difficult for these children and families to get the

help they need.

It is the goal of the United States to promote a child

welfare system that reduces the need to place children

into foster care; achieves safe permanency for those

children who must come into foster care, and does so

more quickly and more effectively; places appropriate

focus on children who are waiting for adoption,

especially those who are 9 years and older, are in

sibling groups, or have disabilities; and decreases the

proportion of young adults who age out of the foster

care system.

[[Page 38742]]

Children from all backgrounds have the potential to

become successful and thriving adults. Yet without a

committed, loving family that can provide

encouragement, stability, and a lifelong connection,

some children may never receive the support needed to

realize that potential.

This order will help to empower families who answer the

call to open their hearts and homes to children who

need them. My Administration is committed to helping

give as many children as possible the stability and

support that family provides by dramatically improving

our child welfare system.

ial.

This order will help to empower families who answer the

call to open their hearts and homes to children who

need them. My Administration is committed to helping

give as many children as possible the stability and

support that family provides by dramatically improving

our child welfare system.

Sec. 2. Encouraging Robust Partnerships Between State

Agencies and Public, Private, Faith-based, and

Community Organizations. (a) In order to facilitate

close partnerships between State agencies and

nongovernmental organizations, including public,

private, faith-based, and community groups, the

Secretary of Health and Human Services (the

``Secretary'') shall provide increased public access to

accurate, up-to-date information relevant to

strengthening the child welfare system, including by:

(i) Publishing data to aid in the recruitment of community support. Within

1 year of the date of this order and each year thereafter, the Secretary

shall submit to the President, through the Assistant to the President for

Domestic Policy, a report that provides information about typical patterns

of entry, recent available counts of children in foster care, and counts of

children waiting for adoption. To the extent appropriate and consistent

with applicable law, including all privacy laws, this data will be

disaggregated by county or other sub-State level, child age, placement

type, and prior time in care.

for

Domestic Policy, a report that provides information about typical patterns

of entry, recent available counts of children in foster care, and counts of

children waiting for adoption. To the extent appropriate and consistent

with applicable law, including all privacy laws, this data will be

disaggregated by county or other sub-State level, child age, placement

type, and prior time in care.

(ii) Collecting needed data to preserve sibling connections.

(A) Within 2 years of the date of this order, the Secretary shall collect

information from appropriate State and local agencies on the number of

children in foster care who have siblings in foster care and who are not

currently placed with their siblings.

(B) Within 3 years of the date of this order, to support the goal of

keeping siblings together (42 U.S.C. 671(a)(31)(A)), the Secretary shall

develop data analysis methods to report on the experience of children

entering care in sibling groups, and the extent to which they are placed

together. The Secretary's analysis shall also assess the extent to which

siblings who are legally eligible for adoption achieve permanency together.

(iii) Expanding the number of homes for children and youth.

(A) Within 2 years of the date of this order, the Secretary shall develop

a more rigorous and systematic approach to collecting State administrative

data as part of the Child and Family Services Review required by section

1123A of the Social Security Act (the ``Act'') (42 U.S.C. 1320a-2a). Data

collected shall include:

(1) demographic information for children in foster care and waiting for

adoption;

(2) the number of currently available foster families and their demographic

information;

(3) the average foster parent retention rate and average length of time

foster parents remain certified;

(4) a target number of foster homes needed to meet the needs of children in

foster care; and

ollected shall include:

(1) demographic information for children in foster care and waiting for

adoption;

(2) the number of currently available foster families and their demographic

information;

(3) the average foster parent retention rate and average length of time

foster parents remain certified;

(4) a target number of foster homes needed to meet the needs of children in

foster care; and

(5) the average length of time it takes to complete foster and adoptive

home certification.

[[Page 38743]]

(B) The Secretary shall ensure, to the extent consistent with applicable

law, that States report to the Secretary regarding strategies for

coordinating with nongovernmental organizations, including faith-based and

community organizations, to recruit and support foster and adoptive

families.

(b) Within 1 year of the date of this order, the

Secretary shall issue guidance to Federal, State, and

local agencies on partnering with nongovernmental

organizations. This guidance shall include best

practices for information sharing, providing needed

services to families to support prevention of children

entering foster care, family preservation, foster and

adoptive home recruitment and retention, respite care,

post-placement family support, and support for older

youth. This guidance shall also make clear that faith-

based organizations are eligible for partnerships under

title IV-E of the Act (42 U.S.C. 670 et seq.), on an

equal basis, consistent with the First Amendment to the

Constitution.

espite care,

post-placement family support, and support for older

youth. This guidance shall also make clear that faith-

based organizations are eligible for partnerships under

title IV-E of the Act (42 U.S.C. 670 et seq.), on an

equal basis, consistent with the First Amendment to the

Constitution.

Sec. 3. Improving Access to Adequate Resources for

Caregivers and Youth. While many public, private,

faith-based, and community resources and other sources

of support exist, many American caregivers still lack

connection with and access to adequate resources.

Within 1 year of the date of this order, the Secretary

shall equip caregivers and those in care to meet their

unique challenges, by:

(a) Expanding educational options. To the extent

practicable, the Secretary shall use all existing

technical assistance resources to promote dissemination

and State implementation of the National Training and

Development Curriculum, including, when appropriate, in

non-classroom environments.

(b) Increasing the availability of trauma-informed

training. The Secretary shall provide an enhanced, web-

based, learning-management platform to house the

information generated by the National Adoption

Competency Mental Health Training Initiative. Access to

this web-based training material will be provided free

of charge for all child welfare and mental health

practitioners.

l provide an enhanced, web-

based, learning-management platform to house the

information generated by the National Adoption

Competency Mental Health Training Initiative. Access to

this web-based training material will be provided free

of charge for all child welfare and mental health

practitioners.

(c) Supporting guardianship. The Secretary shall

provide information to States regarding the importance

and availability of funds to increase guardianship

through the title IV-E Guardianship Assistance Program

(42 U.S.C. 673), which provides Federal reimbursement

for payments to guardians and for associated

administrative costs. This information shall include

which States have already opted into the program.

(d) Enhancing support for kinship care and youth

exiting foster care. The Secretary shall establish a

plan to address barriers to accessing existing Federal

assistance and benefits for eligible individuals.

Sec. 4. Ensuring Equality of Treatment and Access for

all Families. The Howard M. Metzenbaum Multiethnic

Placement Act of 1994 (the ``Multiethnic Placement

Act'') (Public Law 103-382), as amended, prohibits

agencies from denying to any person the opportunity to

become an adoptive or a foster parent on the basis of

race, color, or national origin (42 U.S.C.

671(a)(18)(A)); prohibits agencies from delaying or

denying the placement of a child for adoption or into

foster care on the basis of race, color, or national

origin (id

o any person the opportunity to

become an adoptive or a foster parent on the basis of

race, color, or national origin (42 U.S.C.

671(a)(18)(A)); prohibits agencies from delaying or

denying the placement of a child for adoption or into

foster care on the basis of race, color, or national

origin (id. 671(a)(18)(B)); and requires agencies to

diligently recruit a diverse base of foster and

adoptive parents to better reflect the racial and

ethnic makeup of children in out-of-home care (id.

662(b)(7)). To further the goals of the Multiethnic

Placement Act, the Secretary shall:

(a) within 6 months of the date of this order,

initiate a study regarding the implementation of these

requirements nationwide;

(b) within 1 year of the date of this order, update

guidance, as necessary, regarding implementation of the

Multiethnic Placement Act; and

[[Page 38744]]

(c) within 1 year of the date of this order,

publish guidance regarding the rights of parents,

prospective parents, and children with disabilities

(including intellectual, developmental, or physical

disabilities).

Sec. 5. Improving Processes to Prevent Unnecessary

Removal and Secure Permanency for Children. (a) Federal

Review of Reasonable Effort Determinations and

Timeliness Requirements.

prospective parents, and children with disabilities

(including intellectual, developmental, or physical

disabilities).

Sec. 5. Improving Processes to Prevent Unnecessary

Removal and Secure Permanency for Children. (a) Federal

Review of Reasonable Effort Determinations and

Timeliness Requirements.

(i) Within 2 years of the date of this order, the Secretary shall require

that both the title IV-E reviews conducted pursuant to 45 CFR 1356.71 and

the Child and Family Services Reviews conducted pursuant to 45 CFR 1355.31-

1355.36 specifically and adequately assess the following requirements:

(A) reasonable efforts to prevent removal;

(B) filing a petition for Termination of Parental Rights within

established statutory timelines and court processing of such petition,

unless statutory exemptions apply;

(C) reasonable efforts to finalize permanency plans; and

(D) completion of relevant required family search and notifications and

how such efforts are reviewed by courts.

(ii) In cases in which it is determined that statutorily required timelines

and efforts have not been satisfied, the Secretary shall make use of

existing authority in making eligibility determinations and disallowances

consistent with section 1123A(b)(3)(4) of the Act (42 U.S.C. 1320a-

2a(b)(3)(4)).

(iii) Within 2 years of the date of this order, the Secretary shall develop

metrics to track permanency outcomes in each State and measure State

performance over time.

s

and efforts have not been satisfied, the Secretary shall make use of

existing authority in making eligibility determinations and disallowances

consistent with section 1123A(b)(3)(4) of the Act (42 U.S.C. 1320a-

2a(b)(3)(4)).

(iii) Within 2 years of the date of this order, the Secretary shall develop

metrics to track permanency outcomes in each State and measure State

performance over time.

(iv) Within 6 months of the date of this order, the Secretary shall provide

guidance to States regarding flexibility in the use of Federal funds to

support and encourage high-quality legal representation for parents and

children, including pre-petition representation, in their efforts to

prevent the removal of children from their families, safely reunify

children and parents, finalize permanency, and ensure that their voices are

heard and their rights are protected. The Secretary shall also ensure

collection of data regarding State use of Federal funds for this purpose.

(b) Risk and Safety Assessments.

(i) Within 18 months of the date of this order, the Secretary shall collect

States' individual standards for conducting risk and safety assessments

required under section 106(b)(2)(B)(iv) of the Child Abuse Prevention and

Treatment Act (42 U.S.C. 5106(b)(2)(B)(iv)).

(ii) Within 2 years of the date of this order, the Secretary shall outline

reasonable best practice standards for risk and safety assessments,

including how to address domestic violence and substance abuse.

Sec. 6. Indian Child Welfare Act. Nothing in this order

shall alter the implementation of the Indian Child

Welfare Act or replace the tribal consultation process.

Sec. 7. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

o address domestic violence and substance abuse.

Sec. 6. Indian Child Welfare Act. Nothing in this order

shall alter the implementation of the Indian Child

Welfare Act or replace the tribal consultation process.

Sec. 7. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

[[Page 38745]]

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

June 24, 2020.

[FR Doc. 2020-14077

Filed 6-26-20; 8:45 am]

Billing code 3295-F0-P