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October 31, 2024

H.R. 9076 Passes the House, Moves to the Senate for Consideration

The passage of H.R. 9076 is a victory for ensuring access to justice for families!

The passage of H.R. 9076 is a victory for ensuring access to justice for families!

The ABA is excited to announce that the U.S. House of Representatives has passed H.R. 9076, the Supporting America’s Children and Families Act, marking a significant milestone in efforts to modernize the U.S. child welfare system. The bipartisan legislation, introduced by Representatives Darin LaHood (R-IL) and Danny Davis (D-IL), now heads to the Senate for consideration. This crucial bill seeks to reform and reauthorize child welfare programs under Title IV-B, with a special emphasis on expanding the Court Improvement Program (CIP).

Provisions in the Bill

The passage of H.R. 9076 comes as a victory for lawyers and other legal professionals who have long pushed for reforms to ensure greater access to justice for children, parents, and families. Some of the critical provisions of the bill include:

  1. Recognizing the importance of legal representation: The bill calls on states and territories to provide information to children and parents involved in child welfare cases about their options for receiving legal representation in those cases.
  2. Modernizing court systems through the Court Improvement Program: H.R. 9076 increases funding and support for the CIP, the only federal program providing funds to state courts for child welfare cases. This funding helps improve court efficiency and access to justice, particularly through investments in technology and training for lawyers and other legal professionals.
  3. Preventing family separation due to poverty: The legislation allows states to receive federal funding to help meet a specific and immediate need or event affecting the ability of a child to remain at home, including concerns related to utilities, housing instability, transportation, food assistance, and other basic needs.

The Role of the ABA Center on Children and the Law

H.R. 9076 gained momentum in late 2023, following critical testimony from Prudence Beidler Carr, Director of the ABA’s Center on Children and the Law. Testifying before the House Ways and Means Subcommittee on Work & Welfare, Carr emphasized the urgent need for expanded legal representation in child welfare cases and the importance of increased funding for the Court Improvement Program.

During her testimony, Carr highlighted the alarming statistic that 37% of children in the U.S. will experience a Child Protective Services investigation before age 18, often without the benefit of legal representation for parents. She stressed that Congress’ support for the CIP is essential for ensuring families and courts receive the resources they need to manage these complex cases.

In addition to Carr’s testimony, other experts, including David Sanders of Casey Family Programs and Tracy Gruber from the Utah Department of Health, echoed the need for federal support of families through Title IV-B, which allows greater flexibility on meeting child and parent specific needs outside of foster care and family separation. Together, their testimony played a pivotal role in securing bipartisan support for the Act.

Next Steps in the Senate

As the Act moves to the Senate, additional advocacy efforts will be essential to ensure the bill's successful passage. Lawyers, other legal professionals, and child advocates are encouraged to stay engaged as the bill is considered by the Senate. There will be multiple opportunities for ABA members to take action by contacting their Senators to express support for the bill, particularly those components related to legal representation and the Court Improvement Program.

The ABA urges its members to continue advocating for the Act as it moves through the Senate. Stay tuned for upcoming advocacy opportunities and ways to engage with your Senators to help ensure the bill’s success. Your voice can make a difference in protecting vulnerable children and supporting families through meaningful legal reform.