Title IV-E Reform Resolution

A RESOLUTION

To reform Title IV, Part E of the U.S. Social Security Act and end the current fiscal incentives that place children in foster care.

Be it resolved by the House of Representatives and Senate in Congress assembled.

SEC. 1. DEFINITIONS

As used in this document, unless the context clearly indicates otherwise:

1. "Child" means an individual considered to be a minor according to their age.
2. "Custodial rights" or "custody" with respect to a child and their parent, means the legal right to determine the physical location of their child, with the immediate and primary responsibility of safety and care for that child.
3. "Legal parent" with respect to a child, means a biological or adoptive parent (or other) with legal custodial rights of that child.
4. "Parent" means a biological parent or a legal parent, or both.
5. "Shared custodial rights" or "shared custody" describes a situation where multiple legal parents share custodial rights of the same child.
6. "Share of custody" in a shared custody situation, means the percentage share of time on a per-annum basis that a legal parent has custodial rights of the shared child.
7. "Title IV-E" refers to Title IV, Part E of the U.S. Social Security Act.
8. "State Title IV-E program", or "state program" means a Title IV-E program implemented by a state.

SEC. 1. PARENTAL FITNESS

1. Parents should be presumed to be fit.
2. Fit parents should be presumed to act in the best interests of their children.

SEC. 2. PARENTAL UNFITNESS

1. A parent may be found unfit to direct and provide caregiving responsibilities for their children and therefore, lose custodial rights, in whole or in part, only within due process of law.
   1. Due to the potential trauma and irreparable harm caused to children unnecessarily separated from their parents, the due process of law used to determine unfitness should require a strong burden of proof with corroborating evidence.
   2. Due process of law does not preclude provisions for suspending custodial rights to protect a child believed to be at risk of immediate danger under lesser burden of proof standards.
      1. Suspension of custodial rights should be resolved in a timely manner under due process of law.
2. A parent proven to be unfit may be punished to the full extent of the law in cases of abuse or other punishable activity.
3. An unfit parent should overcome the burden to prove that they are fit before any loss of custodial rights with their children may be restored.
4. An unfit parent may be removed from a household if they pose a threat to their children.

SEC. 3. GAIN OR LOSS OF SHARE OF CUSTODIAL RIGHTS

1. For shared custody situations, any amount of loss of a share of custodial rights by a parent, should be distributed among each of the other legal parents in proportion to each corresponding parent's share of custodial rights.
2. For shared custody situations, any amount of gain of a share of custodial rights by a legal parent should be deducted from each of the other legal parents in proportion to each corresponding parent's share of custodial rights.
3. Secondary priority of custodial rights should be offered to next of kin if no fit parents are available to receive another's loss of custodial rights.

SEC. 4. TITLE IV-E FUNDS INCENTIVIZE INTACT FAMILIES

Funds should always be available to aid children in abusive situations. Funds should not be used to incentivize states to remove children from birth parents.

1. State programs should encourage keeping or reunifying children safely with their birth families.
2. State programs should conduct thorough, evidence-based investigation of incident reports.
3. State programs should be penalized for exceeding a certain threshold of the ratio of cases resolved that result in foster care placement.
4. State programs should be rewarded for increasing their rates of safe and stable parental reunifications and relative guardianships.
5. Increase the amount and flexibility of funding available for proactive abuse prevention and family integrity programs.
   1. Develop and promote child abuse and neglect prevention programs.
   2. Develop and promote family preservation and support programs.
   3. Develop and promote family reunification and post-reunification programs.