Child Welfare in the President’s FY2023 Budget April 26, 2022
The President’s FY2023 budget requests $12.9 billion for child welfare programs authorized in
Title IV-B and Title IV-E of the Social Security Act (SSA), the Child Abuse Prevention and
Emilie Stoltzfus
Treatment Act (CAPTA) and related programs, and the Victims of Child Abuse Act. Comparable
Specialist in Social Policy
funding provided for these same programs in FY2022 (via P.L. 117-103) was $11.7 billion.

The President’s budget proposes to reauthorize through FY2027 the recently expired or expiring

funding authorizations for child and family services programs included in Title IV-B of the
SSA—the Stephanie Tubbs Jones Child Welfare Services (CWS) and MaryLee Allen Promoting Safe and Stable Families
(PSSF) programs. The Administration calls for legislation that would amend PSSF program law to increase mandatory
funding authorized for the program (from $345 million/year to $645 million/year). This would give states and tribes access to
new flexible funds to meet child and family service needs, including for kinship support, which the budget proposes to add as
an allowable use of PSSF child and family services funds. The budget proposes to further amend PSSF program law to (1)
direct that a portion of the new mandatory PSSF funding be used to increase funding annually reserved for the Court
Improvement Program and, separately, for Regional Partnership Grants (RPGs) to improve outcomes for children and
families affected by substance use disorder; (2) allow a portion of the proposed increase in PSSF mandatory funds to create a
new grant program to support civil legal services for child welfare-involved families; and (3) to require states, as a condition
of receiving PSSF funds, to report on their use of kinship diversion (also referred to as hidden foster care), including how
many children they place in these settings and information on any supports or services provided. Separately, as part of the
annual appropriations process for FY2023, the Administration requests $106 million in discretionary PSSF funding
(compared to $83 million provided for FY2022) and proposes appropriations act language that would direct $30 million of
that FY2023 discretionary PSSF funding for development, evaluation, and implementation of state and tribal kinship
navigator programs (versus $20 million provided for FY2022).
The budget also calls for legislation to increase annual mandatory funding authority for the Chafee Foster Care Program for
Successful Transition to Adulthood (SSA §477) to $243 million (compared to $143 million under current law). As part of this
proposal, it would make permanent several program flexibilities that were temporarily offered (April 1, 2020-September 30,
2021) to enable states to serve youth more effectively during the COVID-19 pandemic. Among other proposals, it seeks to
make permanent the authority to serve former foster youth up to their 27th birthday and the ability to use any amount of
Chafee funds (as opposed to the 30% cap under current law) to provide room and board assistance to former foster youth.
The President’s budget requests continued discretionary funding for the Adoption and Legal Guardianship Incentive
Payments, which are payments to states that increase the rate at which children who would otherwise remain in foster care
indefinitely are moved to permanent homes via adoption or legal guardianship. Funding authorization for these payments
expired with FY2021. Incentives paid in September 2021 (for adoptions and legal guardianships completed during FY2020)
declined to $24 million, from $70 million in the previous year. The Administration attributes the reduced level of completed
adoptions and legal guardianships to a slowdown during the first year of the COVID-19 public health emergency, including
in court activities needed to complete adoptions and legal guardianships. It anticipates a return to prior levels of activity and
requests continued annual funding of $75 million for these payments.
Under the Title IV-E Foster Care, Prevention and Permanency Program, states are entitled to federal support for a part of
every eligible program cost. To incentivize state use of authority under Title IV-E to provide prevention services and kinship
navigator programs, the President’s FY2023 budget proposes to amend Title IV-E to increase the share of federal support
provided for those services and programs. It also seeks legislation to increase the federal share of support for Title IV-E
eligible children in foster care who are placed with kin, as well as those who leave foster care for legal guardianship with kin.
At the same time, it proposes to further reduce the federal share of assistance costs for children in foster care who are placed
in non-family settings, including those placed in Qualified Residential Treatment Programs (QRTPs). Finally, it proposes to
amend the Title IV-E program to prohibit discrimination in provision of foster care and adoption-related services based on
the religious beliefs, gender identity, gender expression, sex, or sexual orientation of children or adults being served.
The FY2023 budget again proposes a competitive grant initiative to address racial inequity in child welfare and support a
greater focus on a prevention-first model of child welfare work. This proposal, which would boost discretionary funding for
Child Welfare Research, Training and Demonstration by $100 million, was also included in the FY2022 budget request. The
Administration also requests increased FY2023 discretionary funding for grants authorized in CAPTA and the Victims of
Child Abuse Act.
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Overview
The President’s FY2023 budget proposes $12.9 billion for support of child welfare activities
authorized in Title IV-B and Title IV-E of the Social Security Act (SSA), the Child Abuse
Prevention and Treatment Act (CAPTA) and related programs, and the Victims of Child Abuse
Act. This amount includes legislative proposals seeking increased mandatory funding for FY2023
of $744 million (above current law) and increased discretionary funding requests of $218 million
(above final FY2022 funding).
The budget proposals, including requests for certain program amendments and for additional
discretionary and mandatory funding, are described as efforts to
 increase support for prevention activities, and encourage a prevention-first
approach to child welfare work;
 improve the ability of child welfare workers and the child welfare system to
distinguish between poverty and neglect;
 address racial inequities in child welfare work;
 prohibit discrimination in provision of foster care and adoption services based on
a child’s or adult’s religious beliefs, sex, sexual orientation, gender identity, or
gender expression;
 better serve families affected by substance use disorder (SUD);
 support civil legal representation for child welfare-involved families;
 modernize and improve the work of courts handling child abuse and neglect
proceedings;
 increase flexible child and family services funding to states and tribes, including
for support of kinship services;
 encourage states and tribes to implement prevention services and kinship
navigator programs under the Title IV-E foster care, prevention, and permanency
program;
 incentivize states and tribes to place children who are in foster care or legal
guardianship with kin;
 limit the use of group care for children in foster care by further reducing federal
support for children in foster care placed in most non-foster family home
settings; and
 make permanent certain program flexibilities allowed in the Chafee Foster Care
Program for Successful Transition to Adulthood to permit effective services and
supports to youth in, or formerly in, foster care.
This report describes the President’s FY2023 budget request for child welfare programs
administered at the federal level by the U.S. Department of Health and Human Services (HHS),
Administration for Children and Families (ACF), Children’s Bureau. Primarily, these are
authorized in Title IV-B and Title IV-E of the SSA and by CAPTA. The report also shows funding
requested for three competitive grant programs included in the Victims of Child Abuse Act. These
programs are administered federally by the U.S. Department of Justice (DOJ), Office of Justice
Programs (OJP).
Table 1 shows child welfare funding provided for FY2022 alongside funding proposed in the
FY2023 budget.
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Table 1. Child Welfare Funding: FY2022 Provided and FY2023 Proposed Amounts
(dollars in millions)
Program
FY2022
FY2023 President’s
Budget Request
Title IV-B of the Social Security Act

Stephanie Tubbs Jones Child Welfare Services (CWS)
$269
$279
Child Welfare, Research, Training & Demonstration
$19
$121
MaryLee Allen Promoting Safe and Stable Families (PSSF)
$408
$714
(mandatory, after sequestration + discretionary)
(includes $300 legislative
proposal)a

Title IV-E of the Social Security Act c
Foster Care
$5,920
$6,005
Adoption Assistance
$4,046
$4,128
Guardianship Assistance
$317
$345
Prevention Services
$112
$183
Tribal IV-E Plan Development & Technical Assistance (TA)
$3
$3
Title IV-E Prevention Services Clearinghouse
$1
$10
(includes $9 legislative
proposal)
Legislative proposals for prevention services, kinship navigator
$161b
$335
programs, foster care, and kinship guardianship assistance, combined
(legislative proposals)
Chafee Foster Care Program for Successful Transition to Adulthood (§477 of the SSA)d
Chafee Foster Care Program (general program grants)
$143
$243
(includes $100 legislative
proposal )
Chafee Education and Training Vouchers (ETVs)
$43
$48
Child Abuse Prevention and Treatment Act (CAPTA)
State Grants
$95
$125
Discretionary Activities
$36
$42
Community-Based Child Abuse Prevention (CBCAP) Grants
$66
$90

Other Programs (administered within HHS)
Adoption and Legal Guardianship Incentive Payments (ALGIP)
$75
$75
Children’s Justice Act Grants
$20
$20
Adoption Opportunities
$48
$46e
Victims of Child Abuse Act (administered within DOJ)
Children’s Advocacy Centers (and related training and TA)
$33
$40
Court Appointed Special Advocates (CASAs)
$14
$14
Training for Judicial Personnel
$4
$6
TOTAL
$11,671
$12,882
Source: Table prepared by the Congressional Research Service based on the Consolidated Appropriations Act,
2022 (P.L. 117-103); U.S. Department of Health and Human Services (HHS), FY2023 Budget in Brief; HHS,
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Administration for Children and Families (ACF), FY2023 Justifications of Estimates for Appropriations Committees;
communications received by CRS from HHS, ACF, Office of Legislative Affairs and Budget (OLAB); and U.S.
Department of Justice (DOJ), Office of Justice Programs (OJP), FY2023 Budget Request Overview.
Notes: The Victims of Child Abuse Act programs are administered by DOJ-OJP and receive appropriations as
part of DOJ funding. All other programs shown are administered by HHS-ACF and receive appropriations as
part of HHS funding.
Funding provided and requested for the PSSF program is shown after application of required sequestration,
which reduced mandatory PSSF funding appropriated for FY2022 by 5.7% and is expected to reduce any FY2023
mandatory funding provided for the program by the same percentage.
Funding for Title IV-E foster care, adoption, kinship guardianship, and prevention is based on definite budget
authority as shown in the FY2023 budget request (for both FY2022 and FY2023), except for information on the
amounts for Title IV-E prevention services and for Title IV-E foster care. Those amounts are shown as a
combined figure in the budget documents, but are shown as disaggregated amounts in this table based on
information received from HHS, ACF, OLAB. As each of these Title IV-E program components is authorized to
receive federal reimbursement for a part of all program-eligible costs (i.e., open-ended funding), the federal dol ars
provided for these purposes may be more or less than the amounts shown in this table.
a. The President’s FY2023 budget proposes to authorize annual mandatory PSSF funding of $645 mil ion. This
is $300 mil ion above the level authorized for FY2022. This requested additional PSSF mandatory funding is
subject to sequestration, however, and after the expected 5.7% reduction, the ful amount of proposed
mandatory funding would be roughly $608 mil ion in FY2023. For the FY2023 sequestration order, see OMB
Report to the Congress on the BBDECA 251A Sequestration for Fiscal Year 2023, https://www.whitehouse.gov/
omb/legislative/sequestration-reports-orders/.
b. The President’s FY2023 budget proposes to expand federal cost sharing for Title IV-E prevention services
and kinship navigator programs, beginning with FY2022. The legislative proposal, if enacted, would be
expected to increase federal Title IV-E prevention services and kinship navigator spending by $161 mil ion
for FY2022. That figure is not included as part of the total FY2022 funding provided (i.e., it is not included in
the $11.667 bil ion total).
c. The FY2023 requested funding shown for Title IV-E foster care (which is expected to include any kinship
navigator funding request), as well as for Title IV-E prevention services, adoption assistance, and kinship
guardianship assistance—are amounts HHS-ACF expects wil be necessary to meet federal obligations for
FY2023 under current law. The amount shown as the Title IV-E legislative proposal ($335 mil ion)
represents the combined amount of increased funding expected to be needed for these Title IV-E activities,
based on the legislative proposals included in the budget. With the exception of Title IV-E adoption
assistance, these legislative proposals would be expected to affect federal spending for each of the Title IV-E
program components authorized to receive open-ended funding. The HHS FY2023 Budget in Brief describes
the amount of budget authority needed in FY2023 for these proposals as being identical to the amount of
outlays (see pp. 129, 137).
d. The Chafee general program is shown separate from the Title IV-E program in this table even though it is
formally a part of the Title IV-E program, and its funding is appropriated as a part of the Title IV-E account.
Accordingly, budget documents include the increase in capped mandatory funding that is requested for
Chafee as a part of the overall increase for the Title IV-E program. Chafee ETVs, however, are not a part of
the Title IV-E program and any discretionary funding provided (and requested) for ETVs is included in the
HHS-ACF account titled “Children and Families Services Programs.”
e. The President’s FY2023 budget request for Adoption Opportunities was made with reference to the final
FY2021 funding level ($44 mil ion). The request for $2 mil ion in discretionary funding (above the FY2021
level) is sought to support a Quality Improvement Center or “other national effort” to work with local sites
in using a “data-driven” approach to meet an “urgent need” to improve targeted recruitment of foster
family homes that “meet the needs and reflect the racial or cultural representation of children and young
people in care”; HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, p. 181. This
request was also made in the FY2022 President’s Budget (HHS, ACF, FY2022 Justifications of Estimates for the
Appropriations Committees, p. 176). The Consolidated Appropriations Act, 2022 (P.L. 117-103, enacted
March 15, 2022), increased funding for Adoption Opportunities to $48 mil ion. The Joint Explanatory
statement (and the incorporated H.Rept. 117-96) accompanying that law reference continued support for
the National Mental Health Competency Training Initiative ($1 mil ion) under Adoption Opportunities, but
do not otherwise discuss unique uses of the funds in this appropriations line item.

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Proposals for the CWS and PSSF Programs
The CWS and PSSF programs are included in Title IV-B of the SSA. The President’s FY2023
budget would extend through FY2027 recently expired (September 30, 2021) or expiring
(September 30, 2022) funding authorizations included in these programs, and it requests
increased program funding. The budget also proposes additional legislative changes to the PSSF
program, including growing the PSSF service array.
Extending CWS Funding Authority
The CWS program (Title IV-B, Subpart 1 of the SSA) authorizes funding to states and tribes for
the provision of a broad range of services to promote the well-being of children; prevent their
abuse, neglect, or exploitation; keep at-risk families safely together and enable appropriate
reunifications when separation does occur; promote the safety, permanency, and well-being of
children in foster and adoptive families; and improve the child welfare workforce.
Discretionary funding authority for the CWS program ($325 million annually) expired on
September 30, 2021. Funding provided for the program has never reached the $325 million mark
(initially set in 1990); it received $269 million for FY2022. The President’s budget proposes to
extend funding authority for the program through FY2027 and requests $279 million for it in
FY2023. The budget notes that the level funding for the CWS program over multiple years “has
eroded the real value of the appropriation.”1
PSSF Program and Proposals
The PSSF program (Title IV-B, Subpart 2 of the SSA) receives funding via separate mandatory
(capped) and discretionary authorizations of appropriations. Funding for PSSF is primarily used
to make formula grants to states, territories, and tribes for the provision of family support, family
prevention, family reunification, and adoption promotion and support services. Further, PSSF
program law requires that certain funds appropriated for the program be reserved for support of
additional activities and grants, including for evaluation, training, technical assistance, and
research activities; the Court Improvement Program (CIP); Regional Partnership Grants (RPGs)
to improve outcomes for children and families affected by parental substance use disorder; and
Monthly Caseworker Visits (MCV) grants to improve the quality of caseworker visits with
children in foster care. In recent years, annual appropriations acts have specified certain
additional uses of PSSF discretionary funds, including for additional support to the Title IV-E
Prevention Services Clearinghouse and for grants to support state and tribal kinship navigator
programs. (Kinship navigator programs are designed to aid kin caregivers by helping them
identify and locate services and supports they need to meet their own needs and those of the
children in their care.)2
Five-Year PSSF Reauthorization
The President’s FY2023 budget calls for a five-year reauthorization of the PSSF program
(through FY2027) and seeks $751 million (pre-sequestration) for it in FY2023.3 Specifically, the

1 U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), FY2023
Justifications of Estimates for the Appropriations Committees, p. 171.
2 See description of kinship navigator program components at Section 427(a)(1) of the Social Security Act (SSA).
3 Under the Budget Control Act of 2011, as amended, mandatory funding for the PSSF program is subject to annual
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budget proposes to increase mandatory funding authorized for the program to $645 million (from
the current level of $345 million), and while it seeks to retain a $200 million annual discretionary
PSSF funding authorization as part of the five-year reauthorization, for FY2023 it requests use of
just $106 million of that authority.4
The PSSF reauthorization proposal, discussed more below, is expected to increase mandatory
PSSF budget authority by $3 billion across 10 years (FY2023-FY2032), with federal outlays
across that timeframe expected to be slightly below that level, at $2.7 billion.5
Increased Mandatory PSSF Funding and Related Proposals
The proposed increase of $300 million (before sequestration) in mandatory PSSF funds would
direct $180 million in new funding to states and tribes for provision of PSSF-defined child and
family services. Along with this funding increase, the budget proposes a legislative change to
“specifically add kinship support as an allowable use of PSSF funds.”6 Under current law, PSSF
child and family services must be used to provide family support, family preservation, family
reunification, and adoption promotion and support services. In requesting this additional service
funding, HHS-ACF cites the PSSF program as a “crucial source of flexible child welfare
funding,” available for a broader range of support and services than are permitted under Title IV-
E prevention services. Further, as described by HHS-ACF, mandatory funding for states and
tribes under the PSSF program has been relatively “static” for most of two decades, and increased
PSSF services funding would provide them the “resources needed to better shift toward a
prevention-oriented child welfare system that centers child and family well-being at every step of
the process.”7
With the remaining $120 million in increased annual mandatory funding proposed for the PSSF
program, HHS-ACF seeks to double annual mandatory funding for the CIP program ($60 million
instead of the $30 million under current law), triple annual mandatory funding for RPGs to
improve outcomes for children and families affected by parental substance use disorder ($60
million instead of the $20 million under current law), and to create a new formula grant program
($50 million each year) to support civil legal services for children and families with child welfare
system involvement. Civil legal services are expected to help families address issues that can
compromise the ability of parents to provide a safe and stable home for their children (e.g.,
housing instability, domestic violence, unmet health care needs, or unemployment).8 According to

sequestration of funds (at the rate applied for non-defense, non-exempt, mandatory programs) in each year through
FY2029. See CRS Report R42972, Sequestration as a Budget Enforcement Process: Frequently Asked Questions. The
rate is 5.7% for FY2023, and this would reduce the mandatory PSSF funding proposed ($645 million) to just above
$608 million; see OMB Report to the Congress on the BBDECA 251A Sequestration for Fiscal Year 2023, March 28,
2022, https://www.whitehouse.gov/wp-content/uploads/2022/03/BBEDCA_251A_Sequestration_Report_FY2023.pdf.
4 Although the PSSF discretionary funding authorization expired as of FY2021, the program received discretionary
funding ($83 million) for FY2022. Regarding the Administration requesting a continued discretionary authorization for
the PSSF program of $200 million annually through FY2027 (even while seeking just $106 million under that
authorization for FY2023), see HHS, ACF, FY2023 Justification of Estimates for the Appropriations Committees, p.
298.
5 Budget authority represents the full level of funds requested for use. Outlays represent the amount of funds states and
tribes are expected to use. The Administration estimates that not all of the authorized funding will be accessed
immediately, and this reduces outlays to a level below budget authority. See HHS, FY2023 Budget in Brief, p. 129
(budget authority for FY2023) and p. 137 (outlays for FY2023-FY2032).
6 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, p. 299.
7 Ibid, p. 298.
8 For more information, see HHS, ACF, ACYF, Children’s Bureau, Civil Legal Advocacy, IM-21-02, January 12, 2021.
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HHS-ACF, many families become involved with child welfare due to these “collateral issues”
(rather than due to parental abuse), and “legal representation will enable more families to connect
to the services they need to stay safely together.”9
Proposals Related to FY2023 Discretionary PSSF Funding
The PSSF program statute (Title IV-B, Subpart 2 of the SSA) generally provides that
discretionary PSSF funding is to be used for the same purposes as mandatory PSSF funds.10
However, in recent years annual appropriations laws have been used to specify additional uses for
discretionary PSSF funds, including for formula grants to support kinship navigator programs
(FY2018-FY2022), to increase support for RPGs to improve outcomes for children affected by
parental substance use disorder (FY2019 and FY2020), to provide additional funding for the Title
IV-E Prevention Services Clearinghouse (FY2020-FY2022), and to increase funding for child and
family services-related evaluation, research, and technical assistance (FY2018-FY2022).11
The President’s FY2023 budget proposes PSSF discretionary funding of $106 million for
FY2023 (compared to $83 million provided in FY2022) and it would fund each of the additional
activities supported in one or more years (as noted above) with a part of this discretionary
funding. Specifically, it seeks $30 million for the kinship navigator program (compared to $20
million in prior years), $7 million for additional RPGs support (compared to no additional funds
for FY2022), and $9 million for the Title IV-E Prevention Services Clearinghouse (compared to
$2.75 million for FY2022).12 The account language in each of the FY2018-FY2022
appropriations acts effectively reduced each of the stated levels of reserved discretionary funding
by 5% in order to support increased funding for child and family services evaluation, research,
and technical assistance. The President’s FY2023 budget appears to seek the same 5% reservation
of funds from its proposed levels of support.13 (For ease of comparison, the text above gives
amounts, both proposed and FY2022 comparison, as the amount before the 5% reduction.)
Apart from the kinship navigator programs supported with PSSF discretionary funds, states and
tribes are authorized (since FY2019) to support kinship navigators under the Title IV-E program.
However, this support, authorized to cover 50% of the cost of kinship navigators, is only
available if the kinship navigator program model used meets certain evidence criteria given in the

Civil legal advocacy is intended to address a broader range of issues than those that may supported with Title IV-E
program funds for independent legal representation. Title IV-E funding may be used to provide legal services for
eligible children and their parents during child welfare proceedings (e.g., hearings to address removal, termination of
parental rights, or a permanency plan for a child in foster care). See HHS, ACF, ACYF, Children’s Bureau, Technical
Bulletin, Frequently Asked Questions: Independent Legal Representation, July 20, 2020.
9 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, p. 299.
10 Under program law, PSSF mandatory and discretionary funding are to be used for the same purposes, except that
only mandatory funds are reserved for regional RPGs and monthly MCV grants (see §§436 and 437 of the SSA).
Specifically, both mandatory and discretionary funding are used for state child and family services, and a portion of
both mandatory funding and any discretionary funding provided is reserved for research, evaluation, and training; the
Court Improvement Program; and tribal child and family services.
11 See appropriation language for the HHS, ACF, “Promoting Safe and Stable Families” account as included in P.L.
115-141, P.L. 115-245, P.L. 116-94, P.L. 116-260, and P.L. 117-103.
12 Ibid.
13 See proposed appropriations language in HHS, ACF, FY2023 Justifications of Estimates for the Appropriations
Committees, p. 283. Because the proposed appropriations law language inserts a new proviso (concerning RPG
funding), a technical adjustment may be needed in the proposed language to ensure application of the 5% reservation
for research, evaluation, and technical assistance across all of the discretionary PSSF funding reservations proposed for
the appropriations law.
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Title IV-E program. Thus far, only one such program model has been identified. Citing this fact,
the HHS-ACF Children’s Bureau notes an “ongoing” need to provide other funding “in order to
develop additional models that will meet such criteria.”14
Although it requests additional RPG and Title IV-E Prevention Services Clearinghouse funding as
part of the discretionary PSSF account, the administration separately seeks to boost those same
line items in other budget proposals (i.e., a Title IV-E legislative proposal with regard to Title IV-
E clearinghouse funds and a mandatory PSSF proposal with regard to RPGs).
For more on PSSF funding by activity (as provided in FY2022 and proposed for FY2023), see the
Appendix, including Table A-1.
Kinship, Tribal, and Other PSSF Program Proposals
Several of the FY2023 PSSF proposals focus on kinship care concerns and would also address
tribal access to PSSF funds.
Kinship Care Supports and Kinship Diversion
As noted above, HHS-ACF proposes to designate kinship support as an allowable use of PSSF
funds, and also seeks to boost funding for states to develop evidence-based kinship navigator
programs. Separately, it would require that each state, as a part of its required PSSF state plan,
describe its use of kinship placements to keep children out of foster care. This practice may be
called kinship diversion, or sometimes hidden foster care (where children are no longer living
with parents but are not counted as being in foster care and may not be otherwise served). As
proposed by HHS-ACF, states would need to report on their use of kinship diversion, including
the number of children the state child welfare agency placed with kin outside of foster care (i.e.,
without formal court transfer of the child’s placement and care responsibility to the state) and the
supports offered to those children and families.
The use of kin to care for children who would otherwise enter foster care is variously praised (for
keeping children out of the system) or criticized (for expecting kin to take on care of children with
little or no support of any kind). Further, the use of kinship diversion and the types of services
available to children and families in these kinship care situations vary by states and
comprehensive, comparable information is limited.15 Survey data show, however, that among
children removed from their homes following an investigation of abuse or neglect, kinship care
(mostly informal) is the most common placement setting.16 Under the Family First Prevention
Services Act (FFPSA), states may count on kin to permit children to remain safely at home while
prevention services are provided to or on behalf of a child. In this circumstance, the safety of the

14 Communications received by CRS from the HHS, ACF, Children’s Bureau, via HHS, ACF, OLAB, April 4, 2022.
15 For more information, see Karin Malm, Kristin Sepulveda, and Sam Moore, Variations in the Use of Kinship
Diversion Among Child Welfare Agencies: Early Answers to Important Questions, Child Trends, 2019.
16 The National Survey of Child and Adolescent Well-Being (NSCAW II) collected three waves of data on a national
sample of children who were in families investigated for abuse or neglect between February 2008 and April 2009. The
survey found that the large majority of children remain in their homes following an investigation of abuse or neglect
(85%-87%, decreasing with length of time from the investigation). Among those removed from their homes, however,
the most common living arrangement was informal (most often) or formal kinship care (around 9%-11%, increasing
with length of time from investigation). The remaining children lived in non-relative foster family homes or group
settings (3%-4%, decreasing with length of time from the investigation). See NSCAW II child characteristics, baseline,
wave 2 and wave 3 (various reports at https://www.acf.hhs.gov/opre/project/national-survey-child-and-adolescent-well-
being-nscaw-1997-2014-and-2015-2024).
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child, and provision of services to the child and/or child’s family must be monitored by the state
child welfare agency.17
Tribal PSSF
About 3% of mandatory PSSF funding must be annually reserved for tribal child and family
services.18 The proposed $300 million increase in mandatory PSSF funding would be expected to
increase annual tribal PSSF funding by around $9 million. For FY2022, tribal PSSF funding
(mandatory and discretionary) totaled roughly $10.4 million (after sequestration).19
As part of its request to double overall annual mandatory funding for the CIP (from $30 million to
$60 million), the Administration proposes to double the amount of those CIP funds that are set-
aside to support tribal court improvement grants (from $1 million to $2 million).
The Administration also seeks a technical adjustment to the determination of eligibility of tribal
entities for PSSF funding. Under current law, all tribal PSSF funds are allotted in proportion to an
individual tribe’s share of children (i.e., individuals under age 21) among all children in tribes
approved to receive PSSF funding. Further, no tribe may be approved to receive PSSF funds
unless its allotment of mandatory PSSF funds would be at least $10,000.20 The Administration
seeks the authority to make this determination based on a combination of mandatory and
discretionary PSSF funds, which would permit a greater number of tribes to be eligible for PSSF
funds.21
Regional Partnership Grants
HHS-ACF seeks to remove a limitation on the amount of grant funding that may be provided to
an RPG during the planning phase to collaboratively implement services and supports to improve
outcomes for children and families affected by substance use disorder. Under current law, a
planning phase (up to two years) is required for grantees, and during this time funds awarded may
not exceed $250,000. According to HHS-ACF, the removal of this limitation is sought in
recognition of the varying levels of grantees’ preparedness to implement projects.22
Title IV-E Foster Care, Prevention and Permanency
Under Title IV-E of the SSA, the federal government is committed to providing funding to
participating states and tribes for a part of the cost of providing foster care to every child meeting
federal eligibility criteria for foster care, adoption assistance, and guardianship assistance (in

17 §471(e) of the SSA, including §471(e)(2)(A) and (e)(5)(B)(ii).
18 The law provides that tribes/tribal entities are to receive 3% of PSSF mandatory funding ($345 million) that remains
after funds for RPGs and MCV grants (typically $40 million/year) have been reserved. This effectively makes the
reservation of mandatory PSSF funds about 2.7% of total PSSF mandatory funds. (All dollar amounts in this footnote
refer to pre-sequestration amounts.) If this language were retained, and the separate proposal to increase mandatory
funding for RPGs was enacted, this would further reduce the effective share of PSSF mandatory funds available to
tribes (to about 2.6%).
19 Prior to sequestration, estimated tribal PSSF funding for FY2022 is $10.9 million.
20 The formula for allotment of PSSF tribal funding is described for mandatory funds in Section 433(a) of the SSA and
for discretionary funds in Section 437(c)(1). The limitation on tribes, including tribal organizations and tribal consortia,
that may be approved to receive PSSF funds is at Section 432(b)(2)(B) of the Social Security Act.
21 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, p. 299.
22 Ibid, p. 298-290.
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states electing to provide it). Beginning with FY2020, states are also able to claim open-ended
mandatory federal support under Title IV-E for provision of selected evidence-based services
intended to prevent the need for children to enter foster care; as of FY2019, Title IV-E support is
authorized to be provided for kinship navigator programs meeting the evidence and program
component requirements of the law.
Encouraging the Use of Title IV-E Prevention Services and Kinship
Navigator Options
The President’s FY2023 budget proposes to increase the share of Title IV-E prevention services
and kinship navigator program costs that the federal government would pay to 100% for FY2022
and FY2023,23 90% in each of FY2024-FY2026, and the higher of 75% or a state’s/tribe’s federal
medical assistance percentage (FMAP) plus 10 percentage points in FY2027 and every
subsequent year. (For a description of FMAP, see the text box below.) Under current law, federal
financial participation for each of these Title IV-E program costs is 50% and is slated to remain at
that level in all years, with one exception: Title IV-E prevention services costs are slated to be
paid at a state’s or tribe’s FMAP beginning with FY2027.24
What Is the FMAP?
A number of the President’s FY2023 budget proposals would raise or lower federal support for particular child
welfare activities supported under the Title IV-E foster care, prevention and permanency program by a specific
number of percentage points above or below a state or tribe’s FMAP.
The FMAP, or federal medical assistance percentage, is used in Medicaid, as well as several other programs
(including the Title IV-E program), to indicate the share of a program cost that the federal government is obligated
to pay under program law. It may range from no lower than 50% in states with the highest relative per capita
income to no higher than 83% in those with the lowest. For most states, the FMAP is recalculated annually by
HHS.
For states and territories, the FMAP, including its calculation, is defined as part of the Medicaid program (§1905(b)
of the SSA). For child welfare purposes, HHS is given authority (§479B(d) of the SSA) to determine “tribal
FMAPs.” These are used in the Title IV-E program.
The FMAP is used in the Title IV-E program to determine federal financial participation (FFP) in provision of Title
IV-E foster care maintenance payments, as well as for Title IV-E adoption assistance and kinship guardianship
assistance payments. Beginning with FY2027, it is also slated to be used to determine what part of a state’s Title
IV-E prevention services costs the federal government provides. (For other Title IV-E program costs, the amount
of FFP is fixed at a single percentage, usually 50%, that applies for all states and tribes.)
A higher FMAP (or higher FFP) means a state or tribe wil receive greater federal support for program work. For
example, if a state or tribe has a 50% FMAP, it is entitled to federal reimbursement of $50 for every $100 it
spends to provide Title IV-E foster care maintenance, adoption assistance, or guardianship assistance payments. If a
state or tribe has an FMAP of 83%, it is entitled to $83 for every $100 it spends for those Title IV-E payments.
For more information on how state FMAPs are calculated, see CRS Report R43847, Medicaid’s Federal Medical
Assistance Percentage (FMAP). For more information on tribal FMAPs used in the Title IV-E program only, see HHS,

23 Under current law, the federal share of those program costs is 50%, although the federal share of costs was
temporarily raised to 100% for part of FY2020 and all of FY2021 (April 1, 2020–September 30, 2021) as part of the
response to the COVID-19 pandemic (Supporting Foster Youth and Families Through the Pandemic Act, Division X of
P.L. 116-260).
24 Section 474(a)(7) of the SSA sets the federal share of Title IV-E kinship navigator costs at 50% in every year.
Section 474(a)(6) of the SSA provides for 50% reimbursement of Title IV-E prevention-related costs through FY2026;
for FY2027 and every year thereafter, it specifies that Title IV-E prevention services costs (but not Title IV-E
prevention-related administration and training costs) are to be reimbursed at a state’s or tribe’s FMAP. Per April 2022
CRS communication with HHS-ACF, the legislative proposal would apply the higher rate of federal financial
participation in Title IV-E prevention costs to all aspects of the prevention program (i.e., those for Title IV-E
prevention services as well as those for related training and administration).
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ACF, Tribal Federal Medical Assistance Percentage, https://www.acf.hhs.gov/cb/grant-funding/tribal-federal-medical-
assistance-percentage-fmap. For information about a temporary 6.2 percentage point increase in state and tribal
FMAPs related to the COVID-19 pandemic, see CRS Insight IN11297, Temporary Federal Medical Assistance
Percentage (FMAP) Increase for Title IV-E Foster Care and Permanency Payments.
Title IV-E prevention services and kinship navigator programs are recently authorized (FY2020
and FY2019, respectively) optional activities under the Title IV-E program. As of early March
2022, 20 states (including the District of Columbia) and one tribe had approval to seek federal
funding for provision of Title IV-E prevention services, 19 states and two tribes had submitted
plans for Title IV-E prevention services that were under review by HHS-ACF, and 13 states
(including Puerto Rico and the U.S. Virgin Islands) had no currently submitted Title IV-E
prevention services plan.25 States and tribes do not need to submit a Title IV-E plan amendment in
order to claim Title IV-E kinship navigator program funding.26
According to budget documents, the proposed increase in the federal share of support for these
Title IV-E program costs is intended to encourage states and tribes to offer Title IV-E prevention
services and kinship navigator programs, and the higher level of initial support is proposed to
offer them upfront resources to invest in new evidence-based services, as well as necessary staff
and training for those services. Additionally, HHS-ACF notes that a permanently higher (than
foster care) reimbursement rate for Title IV-E prevention services is intended to “create an
incentive to prioritize prevention services” and to “provide the long-term support states and tribes
need to adopt and sustain a prevention focused approach to child welfare.”27
The budget additionally proposes the following measures to expand state and tribal use of the
Title IV-E prevention services option:
 Permitting states to spend up to 15% of their Title IV-E prevention services
funding on “emerging or developing” services that do not yet meet the required
evidence rating, provided the state agrees to evaluate the activity and discontinue
or modify use of any service found ineffective.28 (Under current law, Title IV-E
prevention spending may only be used to support programs meeting the well-
supported, supported, or promising evidence criteria as given in the Title IV-E
program and independently rated by the Title IV-E Prevention Services
Clearinghouse.)
 Making permanent the requirement that a state must spend at least half (50%) of
its Title IV-E prevention services funding on programs receiving an evidence

25 Information compiled by HHS, ACF, Administration on Children, Youth and Families (ACYF), Children’s Bureau
as of March 1, 2022. Throughout this report, the term state, when used in the context of the Title IV-E program,
generally refers to the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, each of which has
approval to operate a Title IV-E program. Tribes may access Title IV-E funds via direct approval of a Title IV-E plan,
or via a state-tribal Title IV-E agreement. Only tribes approved to directly operate a Title IV-E program may seek
approval from HHS-ACF of a tribal-specific prevention services plan. For tribes with approved Title IV-E plans, see
https://www.acf.hhs.gov/cb/grant-funding/tribes-approved-title-iv-e-plans.
26 HHS, ACF, ACYF, Children’s Bureau, PI-18-09, November 30, 2018, https://www.acf.hhs.gov/sites/ default/files/
documents/cb/pi1811.pdf. However, Title IV-E funds may only support kinship navigator programs with a practice
standards rating of promising, supported, or well-supported, as determined via independent review of the Title IV-E
Prevention Services Clearinghouse and in accordance with IV-E evidence standards. The first program meeting this
standard was identified as of October 1, 2021, and to date, is the only eligible kinship navigator program model. For
more on the program model see https://preventionservices.acf.hhs.gov/programs/319/show.
27 HHS, ACF, FY2023 Justification of Estimates for Appropriations Committees, p. 329.
28 HHS, FY2023 Budget in Brief, p. 129.
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rating of well-supported or supported. (Under current law, this is the requirement
through FY2024, after which 50% of prevention services must be spent for well-
supported programs only.)29
 Exempting tribes that carry out prevention services through a tribal-state Title IV-
E agreement from the requirement that they use only programs with well-
supported, supported, or promising evidence ratings from the Title IV-E
Prevention Services Clearinghouse. This would allow these tribes to use
interventions specific to their culture or context. (Tribes that directly operate a
Title IV-E program have been exempted from the requirement that they use only
Title IV-E Prevention Services Clearinghouse-approved programs, but the Title
IV-E law does not permit this for tribes receiving Title IV-E funding via a state-
tribal Title IV-E agreement.)30
 Allowing states to use cultural adaptations of the programs approved by the Title
IV-E Prevention Services Clearinghouse for use in the Title IV-E prevention
services program.31
 Funding the Title IV-E Prevention Services Clearinghouse at $10 million each
year. (Under current law, the clearinghouse receives $1 million annually in Title
IV-E funding.)32
HHS estimates these proposals combined would increase federal Title IV-E spending by $280
million in FY2023 and a total of $4.9 billion across 10 years (FY2023-FY2032).33
Incentivizing Children’s Placement with Kin in the Title IV-E
Program
When children are removed from their homes, placement with kin is expected to reduce the
trauma they experience and helps to maintain family and community connections. Kinship care

29 As amended by the Family First Prevention Services Act (Title VII, Division E, P.L. 115-123), Title IV-E of the SSA
requires a state to spend no less than 50% of its Title IV-E prevention services on programs with a well-supported
rating. The Family First Transition Act (§602, Division N, P.L. 116-94) temporarily adjusted this provision. For
FY2020 and FY2021, it lifted the requirement entirely (so long as spending was for a program that met a promising,
supported, or well-supported rating); for FY2022 and FY2023, it provides that a state must spend 50% on programs
with either supported or well-supported ratings; and for FY2024 and later, it returns to the requirement as enacted (50%
of a state’s spending must be for programs with a well-supported rating).
30 §479B(c)(1)(E) of the SSA permits HHS to specify requirements applicable for Title IV-E prevention services. The
requirements must permit provision of prevention services and programs adapted to the culture and context of tribal
communities served. HHS has used this authority to exempt tribal entities that directly operate a Title IV-E program
from the requirement that prevention services meet the specific Title IV-E evidence standards. However, the law is not
understood to extend this authority to tribes providing Title IV-E prevention services under a state-tribal Title IV-E
agreement. See HHS, ACF, ACYF, Children’s Bureau, PI-18-10, November 30, 2018, https://www.acf.hhs.gov/sites/
default/files/documents/cb/pi1810.pdf
31 HHS has provided information regarding cultural adaptations permissible for tribes that provide Title IV-E
prevention services under a Title IV-E agreement with a state. See HHS, ACF, ACYF, Children’s Bureau, IM-21-09,
January 13, 2021.
32 §476(d)(5) of the SSA. For each of FY2020 through FY2022, additional funding (about $2.6 million/year) has been
provided for the Title IV-E Prevention Services Clearinghouse through annual appropriations law. Those laws (P.L.
116-94, P.L. 116-260, and P.L. 117-103) directed a portion of discretionary funding for the PSSF program (Title IV-B,
Subpart 2 of the SSA) to be used for the clearinghouse.
33 HHS, FY2023 Budget in Brief, p. 137.
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has also been found to reduce the number of times children are moved to new foster care settings
(i.e., it increases placement stability), and it promotes permanency with family.34
Federal child welfare law requires states to consider giving preference to placement of a child
with a relative (over a non-relative) provided all child protection standards are met, and it further
requires each state to locate and notify adult relatives of children entering foster care to inform
them of their right to participate in the child’s care and placement, among other things.35 Among
all children in foster care, about 34% have been placed with kin; however, this percentage varies
significantly by state, ranging in a recent year from as low as 4% to as high as 44%.36
To further incentivize placement of children with kin in all states, the President’s FY2023 budget
proposes to increase federal support for foster care maintenance payments made on behalf of Title
IV-E eligible children in foster care who are placed in kinship families to between 60% and 93%
(i.e., 10 percentage points above a state’s or tribe’s FMAP). (To be eligible for Title IV-E support
a child in foster care must be living in a licensed foster family home, among other criteria.)
As an additional means of promoting kin placement and encouraging states/tribes to take up the
option to provide Title IV-E kinship guardianship assistance, the proposal would also provide
federal support of between 60% and 93% (i.e., 10 percentage points above a state’s or tribe’s
FMAP) of a state’s/tribe’s costs of providing Title IV-E kinship guardianship assistance
payments. As of February 2022, 10 states had not taken up the option to provide Title IV-E
guardianship assistance, which has been available since FY2009.37
HHS estimates these Title IV-E proposals combined would increase federal Title IV-E spending
by $91 million in FY2023 and a total of $1.3 billion across 10 years (FY2023-FY2032).38
Decreasing Support for Non-family Settings in the Title IV-E
Program
The share of children in foster care who live in congregate care (i.e., non-family settings that are
group homes or institutions) has been in decline. It was 12.2% of children in foster care on the
last day of FY2016 (53,300 children), and had declined to 9.5% of the caseload by the last day of
FY2020 (38,800 children).39
The FFPSA sought to encourage this trend. It amended the Title IV-E program to provide that,
with limited exceptions, children in foster care who are placed in a setting other than a foster

34 Marc A. Winokur et al., “Systematic Review of Kinship Care Effects on Safety, Permanency, and Well-being
Outcomes, Research on Social Work Practice, vol. 28, no. 1, 2018, pp.19-32; and HHS, ACF, ACYF, Children’s
Bureau, Kinship Care, IM-20-08, December 29, 2020.
35 §471(a)(19) and (29) of the SSA.
36 HHS, ACF, ACYF, Children’s Bureau, AFCARS Report#28, Preliminary Estimates for FY2020 as of October 4,
2021, https://www.acf.hhs.gov/sites/default/files/documents/cb/afcarsreport28.pdf. State-by-state variation for children
in foster care is based on FY2017 data analysis by the research group Child Trends; see https://www.childtrends.org/
blog/the-share-of-children-in-foster-care-living-with-relatives-is-growing.
37 Those states were Arizona, Delaware, Georgia, Kansas, Kentucky, Mississippi, New Hampshire, Ohio, South
Carolina, and Utah. For information on state and tribal take-up of the Title IV-E kinship guardianship option, see
https://www.acf.hhs.gov/cb/grant-funding/title-iv-e-guardianship-assistance.
38 HHS, FY2023 Budget in Brief, p. 137.
39 HHS, ACF, ACYF, Children’s Bureau, The AFCARS Report # 24 (preliminary estimates for FY2016) and The
AFCARS Report #28 (preliminary estimates for FY2020), https://www.acf.hhs.gov/cb/research-data-technology/
statistics-research/afcars.
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family home may receive Title IV-E foster care maintenance payment support for a maximum of
14 days. The exceptions concern children placed in “specified settings,” which are designed to
meet a child’s particular needs.40 These are settings providing (1) prenatal, post-partum, or
parenting supports to youth; (2) high-quality services in a residential setting to children found to
be victims, or at risk, of sex trafficking; (3) supervised independent living for youth ages 18 or
older; or (4) qualified residential treatment programs (QRTPs). QRTPs must be able to meet
clinical needs of children with “serious emotional or behavioral disorders.” Further, to be eligible
for Title IV-E foster care maintenance payment support while placed in a QRTP, children must
receive additional assessment and review to ensure that a child’s placement in a foster family
home is not a more appropriate foster care placement setting.41
The President’s FY2023 budget proposes to further reduce federal Title IV-E foster care
maintenance payment support to children placed in group care settings, including those placed in
QRTPs and all but one of the other specified settings, by 5 percentage points (i.e., a state’s FMAP
minus 5 percentage points). It would exclude from this change youth ages 18 or older in
supervised independent living, as well as children placed with parents in a family-based
residential treatment center for substance-use disorders.42
HHS estimates this proposal would decrease federal Title IV-E spending by $27 million in
FY2023 and a total of $107 million across 10 years (FY2023-FY2032).43
Including a New Anti-discrimination Provision in the Title IV-E
Program
Under current Title IV-E policy, states and tribes are prohibited from delaying or denying the
placement of a child in a foster family or adoptive home based on the race, color, or national
origin of the child or of the prospective foster or adoptive parent/s. In addition, a state or tribe
may not deny an individual the opportunity to become a foster or adoptive parent based on race,
color, or national origin.44 This requirement also applies to any entity contracted by a state child
welfare agency to carry out foster care or adoption placements and related activities (e.g., training
of prospective parents). States/tribes that are found out of compliance with this requirement are
expected to develop a “corrective action plan” and may be fined.45
The President’s FY2023 budget proposes to amend the Title IV-E program to further prohibit
state and tribal Title IV-E agencies from discriminating against current or prospective
foster/adoptive parents, or children in foster care or being considered for adoption, on the basis of
“religious beliefs, sexual orientation, gender identity, gender expression, or sex.” The proposal

40 In addition to these “specified settings,” where children may be eligible for Title IV-E support for more than 14 days,
FFPSA also authorized up to 12 months of Title IV-E support for children in foster care who are placed with their
parent in a family-based residential treatment center for substance use disorder (§472(j) of the SSA). The FY2023
budget does not propose to reduce federal cost sharing for children placed with family in such a setting.
41 §§472(k) and 475A(c) of the SSA.
42 HHS, ACF, FY2023 Justification of Estimates for the Appropriations Committees, pp. 330-331.
43 HHS, FY2023 Budget in Brief, p. 137.
44 §471(a)(18) of the SSA.
45 See 45 C.F.R. Section 1355.38 for enforcement provisions specific to the non-discrimination provisions at Section
471(a)(18) of the SSA. See also discussion of related applicable civil rights laws and enforcement measures at HHS,
Office of Civil Rights (OCF), Protection Against Discrimination in Child Welfare Activities, “What Child Welfare
Entities Have Non-Discrimination Responsibilities,” https://www.hhs.gov/civil-rights/for-individuals/special-topics/
adoption/index.html.
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would also include “financial penalties and mandatory corrective action for any title IV-E agency
(or its contractor) that delays, denies, or otherwise discourages Americans from being considered
or serving as foster or adoptive parents based on their religious beliefs, sexual orientation, gender
identity, gender expression or sex.”46
This budget proposal is similar to a proposal included in the 21st Century Children and Families
Act (H.R. 5856, §2), which, like the budget proposal, would amend Title IV-E of the SSA to make
these prohibitions related to provision of services for individuals, including related penalties,
specific to an entity’s receipt (direct or indirect) of Title IV-E funding. It is also consistent with
the John Lewis Every Child Deserves a Family Act (H.R. 3488/S. 1848), which would apply to a
broader range of programs. H.R. 3488/S. 1848 would prohibit discrimination in provision and
administration of child welfare services/programs (on the basis of an individual’s sexual
orientation, gender identity, marital status, or religion) by entities receiving federal funding
(directly or indirectly) under Title IV-E as well as other federal funding streams in the Social
Security Act (e.g., Medicaid, the Social Services Block Grant [SSBG], Temporary Assistance for
Needy Families [TANF], and the child welfare programs in Title IV-B).47
At the same time, the proposal is expected to run counter to provisions included in the Child
Welfare Provider Inclusion Act (S. 656/H.R. 1750). That bill would prohibit a state that receives
Title IV-B or Title IV-E funds from discriminating against a child welfare service provider,
including organizations, entities, or individuals that provide child and family services, based on
the “sincerely held religious beliefs” of the child welfare service provider. States and localities,
for example, would be prohibited from denying a contract to such an organizational or individual
service provider based on the provider’s sincerely held belief that, for instance, only heterosexual
individuals or individuals holding certain religious beliefs should be foster or adoptive parents.
The FY2023 budget proposal and these child welfare-specific legislative proposals48 are part of a
longer-running disagreement about broader HHS grant policy.49 In December 2016, the Obama
Administration published revised general HHS grant regulations to provide that “no person
otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to
discrimination in the administration of HHS programs and services based on non-merit factors.”
The final rule included in the list of such factors religion, gender identity, and sexual
orientation.50 Soon after, the Trump Administration took office and began to hear from some
grantees that the provision interfered with faith-based organizations’ right to free speech and
religious exercise, among other concerns. In 2019, citing concerns about certain regulatory
procedures it contended had not been followed in development of the final rule, the
Administration issued a notice of non-enforcement of the rule.51 More immediately, however, it

46 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, p. 339.
47 H.R. 3488/S. 1848 refer to Title XX of the SSA, which includes not only the SSBG (Subtitle A), but also Elder
Justice-related programs (Subtitle B) and Social Impact Demonstration Projects (Subpart C).
48 Although it has been revised multiple times, the legislation now known as the John Lewis Every Child Deserves a
Family Act has been introduced in every Congress since at least 2009 (H.R. 3827, 111th Congress). Similarly,
legislation known as the Child Welfare Provider Inclusion Act, has been introduced in some form in every Congress
since at least 2014 (S. 2706, 113th Congress), and a precursor bill, the Religious Freedom for Providers of Adoption,
Foster Care and Child Welfare Services Act, was first introduced in 2006 (H.R. 6209, 109th Congress).
49 States and localities with particular anti-discrimination provisions that have been applied to providers of child and
family services have also been the subject of court cases in recent years. For example, see CRS Legal Sidebar
LSB10612, Fulton v. Philadelphia: Religious Exemptions from Generally Applicable Laws.
50 See the final rule in the Federal Register, December 12, 2016, p. 89393. This rule was effective as of January 11,
2017.
51 See the Trump Administration description of complaints received and its subsequent issuance of a non-enforcement
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issued several waivers of the rule, including to the state of South Carolina, which had pursued the
waiver to enable continued contracting with an agency that limited its foster and adoptive
training/placement services to individuals who were Protestant Christians.52 A new rule finalized
by the Trump Administration in January 2021 provides that HHS will abide by any prohibition
against discrimination included in program statute and any relevant Supreme Court decision.53
HHS describes this proposal to add new non-discrimination language to the Title IV-E program as
budget neutral (i.e., it is not expected to increase or decrease Title IV-E spending).54
Chafee Program Proposals
The Chafee Foster Care Program for Successful Transition to Adulthood (Chafee program, §477
of the SSA) provides formula grant funding to states and participating tribes for provision of
services and supports to eligible youth in or formerly in foster care.55 The services are intended to
help prepare youth in foster care for adulthood, enable them to make meaningful connections
with adults, and improve their current and longer-term education, employment, health, and well-
being outcomes.56
Increase Mandatory Program Funding
The President’s FY2023 budget would increase annual mandatory funding for the program from
$143 million under current law to $243 million. This proposed increase would be the first major
change in the annual mandatory authorization since December 1999, when it was set at $140
million (P.L. 106-169). (Chafee annual mandatory funding increased marginally, to $143 million,
beginning with FY2020 [as authorized in P.L. 113-183].)
Adjust Eligible Service Population and Other Program Rules
Additionally, the President’s FY2023 budget proposes revising certain eligibility criteria and
other Chafee program policies. A number of these changes draw on flexibilities that were

notice, in November 2019, in the Federal Register, January 12, 2021, p. 2259. In a November 2021 press release
reaffirming HHS’s commitment to nondiscrimination, including on the basis of sexual orientation, gender identity, and
religion, the Biden Administration noted that waivers had been granted to three states, South Carolina, Texas, and
Michigan, and called those waivers inappropriate; see “HHS Takes Action to Prevent Discrimination and Strengthen
Civil Rights,” press release, November 18, 2021.
52 See “Trump Administration Grants Waiver to Agency that Works Only with Christian Families,” Washington Post,
January 23, 2019; and letter to Governor Henry McMaster, “Re: Request for Deviation or Exception from 45 CFR
§75.300(c),” January 23, 2019, from HHS, ACF, Acting Assistant Secretary Steven Wagner.
53 See the final rule in the Federal Register, January 12, 2021, pp. 2257-2278.
54 HHS, FY2023 Budget in Brief, p. 137.
55 Although it is discussed separately in this report, the mandatory funding for the Chafee program is a unique
component of the Title IV-E program. Therefore, it is discussed in the President’s budget document as part of
legislative proposals for the Title IV-E “Payments for Foster Care and Permanency” program. See HHS, ACF, FY2023
Justifications of Estimates for the Appropriations Committees, pp. 313-346. However, funding for the Chafee
Education and Training Vouchers (ETVs), which is provided separately and on a discretionary basis, is not a part of the
Title IV-E program. (Discretionary funding for ETVs is discussed in the “Children and Families Services Programs”
section of HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, pp. 109-237.)
56 For more information about this program and the related Chafee Educational and Training Vouchers, see CRS In
Focus IF11070, John H. Chafee Foster Care Program for Successful Transition to Adulthood, and/or contact CRS
Analyst in Social Policy Patrick Landers.
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permitted in response to the COVID-19 pandemic but ended on September 30, 2021. According
to HHS-ACF, making these changes, together with increasing funding for the Chafee program,
would help states to offer more personalized and effective supports to Chafee-eligible youth who,
it notes, “face significant obstacles” in attaining education and stable employment and must also
deal with the effects of their time in foster care, including trauma, all “without the familial
network most youths rely on for support.”57
Specifically, the budget proposes to make the following changes to Chafee eligibility and
provision of Chafee services:58
 Permitting Chafee services to be provided to an otherwise eligible youth up to
their 27th birthday.59 Under current law, youth may be served up to age 21, or in
some states age 23.60
 Allowing Chafee services for all youth who experienced foster care at age 14 or
older. Under current law, youth who experienced foster care at age 14 or older are
eligible for Chafee services unless they left care for adoption or legal
guardianship; for those youth, Chafee services may be provided only if a youth
left foster care for one of those reasons at age 16 or older.
 Ensuring that youth receiving U.S. Department of Housing and Urban
Development (HUD) vouchers, via the Family Unification Program (FUP) or the
Foster Youth Initiative (FYI), are eligible for Chafee-funded case management
services. Under current law, youth receiving Chafee services must be under age
21, or in some states under age 23. However, youth formerly in foster care may
qualify for FUP/FYI services at ages 18 to 24, and may then continue to receive
this aid for five years.61
 Permitting use of Chafee funds to provide housing assistance without restriction
(under current law, no more than 30% of a state’s allotment may be used for
housing costs) and to make this type of Chafee support available to any youth
formerly in foster care at age 14 or older (under current law, youth must have
been in foster care on their 18th birthday to receive Chafee housing support).
 Clarifying driving and transportation assistance as allowable Chafee supports and
without any specific cap on the amount of that assistance. Under current law,
driving and transportation assistance may be provided but this support is not
described.62

57 HHS, ACF FY2023 Justifications of Estimates for the Appropriations Committees, p. 331.
58 Ibid.
59 Under current law, the related but separately funded Chafee Education and Training Vouchers (ETVs, §477(i) of the
SSA) are available to Chafee eligible youth for postsecondary education and training support, though in no case beyond
their 26th birthday. If Congress chooses to adjust eligibility for the general Chafee program, it may wish to re-examine
eligibility criteria for Chafee ETVs.
60 Youth may be served up to age 23 in states that HHS determines provide foster care support to age 21 (this does not
have to be Title IV-E support) and if the state certifies its intention to serve youth up to the older age. As of April 5,
2022, 32 states, the District of Columbia, and Puerto Rico served Chafee youth up to age 23.
61 Additional eligibility criteria may apply for FYI/FUP housing assistance. See CRS Report R46734, Housing for
Former Foster Youth: Federal Support. For more information on FUP/FYI, contact CRS Specialist in Housing Policy
Maggie McCarty.
62 The Supporting Foster Youth and Families Through the Pandemic Act (Division X of P.L. 116-260) specified a
range of driving and transportation assistance that may be provided with Chafee funds but capped annual support for
these purposes to no more than $4,000 for any one youth in care. See HHS, ACF, ACYF, Children’s Bureau, PI-21-04,
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The Chafee proposal is expected to cost $100 million in FY2023 and $1.0 billion across 10 years
(FY2023-FY2032).63
Focusing on Racial Equity, Prevention-First Work,
and Staff Diversity and Skills in Child Welfare
The President’s FY2023 budget requests $121 million in discretionary funding for Child Welfare,
Research, Training and Demonstrations (CWRTD, §426 of the SSA). This program, which
supports competitive grants to advance child welfare practices and improve the skills of the child
welfare workforce, received FY2022 funding of close to $19 million. Funding may be awarded to
eligible entities, including public child welfare agencies, colleges and universities, and nonprofit
research organizations.
Of the requested funding increase of $102 million, $100 million is proposed for making
competitive grants to state, local, and public child welfare agencies to “address racial inequities in
child welfare, reduce overrepresentation of children and families of minority heritage, and
reorient systems towards a prevention-first model.” The remaining $2 million would be used to
focus on ensuring a diverse child welfare workforce and leadership that is able to support anti-
racist practices.
Competitive Grants Proposed
A family’s involvement with child welfare generally begins with a child protective services (CPS)
response (investigation or assessment) resulting from an allegation of child abuse and neglect.
Based on historical data, researchers estimate that the probability a child will experience a CPS
response at some point before their 18th birthday varies considerably by race/ethnicity.64 More
than half of all African-American children (53.0%) were expected to experience CPS
involvement during childhood, compared to 32.0% of Hispanic children, 28.2% of White
children, 23.4% of Native American children, and 10.2% of Asian/Pacific Islander children.65
Further, on a national basis, children of Native American and African-American heritage are more
likely to experience removal from their homes and placement in foster care than are children of
other racial or ethnic backgrounds.66

March 9, 2021, pp. 10-11, https://www.acf.hhs.gov/sites/default/files/documents/cb/pi2104.pdf.
63 HHS, FY2023 Budget in Brief, p. 137.
64 A CPS response means that the state or local child protection agency received a report alleging child abuse and
neglect and it determined it should conduct an investigation of whether child abuse or neglect occurred, OR (when
child’s risk is consider low or moderate) an assessment of family’s strengths and needs, including the child’s safety.
Investigative responses are generally more common than assessments. Either response typically involves direct contact
between CPS workers and the child[ren]/family.
65 Kim Hyunil, Christopher Wildeman, Melissa Jonson-Reid, and Brett Drake, “Lifetime Prevalence of Investigating
Child Maltreatment Among U.S. Children,” American Journal of Public Health, February 2017,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5227926/.
66 Child Welfare Information Gateway, Child Welfare Practice to Address Racial Disproportionality, April 2021,
https://www.childwelfare.gov/pubPDFs/racial_disproportionality.pdf. See also Darcy H. Merritt, “How Do Families
Experience CPS,” pp. 203-226; and Alan Dettlaff and Reiko Boyd, “Racial Disproportionality and Disparities in the
Child Welfare System: Why Do They Exist and What Can be Done to Address Them,” pp. 253-274; both in The
Annals of the American Political Science Society, vol. 692, November 2020.
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The proposed $100 million competitive grant program would require state, local, and tribal child
welfare agency grantees to work with other public and private/community-based stakeholders (in
education/early childhood education, and public health and human services) to advance policy
and practice reforms to address racial inequities in child welfare, reduce overrepresentation of
children and families with minority heritage, and reorient child welfare toward a prevention-first
model. According to HHS-ACF, selected grantees would be geographically diverse (serving rural
and urban areas) and “relatively limited” to allow each grantee sufficient funding for a broad
range of activities. Among other described possibilities, activities might include ensuring families
have access to emergency assistance, respite care, and other support services; recruiting and
funding parents and children with relevant lived experience to serve as peer mentors and system
navigators; implementing race-blind decisionmaking practices; ensuring that child welfare
agencies and their partners have the tools to distinguish poverty from neglect; better equipping
caseworkers to meet the needs of the communities they serve; and building data systems to
inform individual and system-wide decisionmaking. Grantees would receive technical assistance
and evaluation support.67
Child Welfare Workforce Initiatives
Half of the proposed $2 million for workforce related activities would be used to
 expand the work of the National Child Welfare Workforce Institute to use
coaching and learning programs that support anti-racist policies and to increase
the hiring, retention, and development of racially diverse child welfare leaders
including, at all levels, individuals with lived experienced in child welfare; and
 extend a project known as the Data Analytics Institute68 to train child welfare
leaders and human resources personnel on how to analyze child welfare
workforce data to identify racial inequities; implement data-driven strategies for
recruiting, selecting, supervising, evaluating, and retaining child welfare workers;
and build healthy organizational cultures.
This discretionary funding proposal was also included in the FY2022 President’s budget but was
not supported in the final FY2022 appropriations act (P.L. 117-103).
Selected Other Discretionary Funding Requests and
Related Proposals
Beyond what has already been discussed in this report, the President’s FY2023 budget requests
increased discretionary funding for other child welfare purposes and offers related proposals,
including the following:
 $125 million for CAPTA state grants (compared to $95 million provided for
FY2022). This grant program supports grants to states to strengthen their CPS
systems. HHS-ACF describes this funding request as including $83 million to
“combat the opioid crisis” by helping states meet CAPTA’s requirement for the

67 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, pp. 177-178
68 For more information on the Data Analytics Institute, see https://www.qic-wd.org/child-welfare-workforce-analytics-
institute-2.
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development, implementation and monitoring of plans of safe care for substance-
exposed infants and their parents.69
 $42 million for research, demonstration projects, and related work under
CAPTA’s “discretionary activities” line item (compared to $36 million provided
for FY2022). HHS-ACF notes that funding will be used to build knowledge
about how state policies concerning the definition and determination of child
abuse and neglect influence child welfare practice and child and family
outcomes; explore approaches to “disentangling neglect from poverty”;70
continue support for a variety of activities, including community collaboration
projects to prevent abuse and neglect through better served families; and build
capacity to evaluate interventions for child welfare-involved youth at risk of
homelessness, among other things.71
 $90 million for Community-Based Child Abuse Prevention (CBCAP) grants
(Title II of CAPTA) (compared to $66 million provided for FY2022). The request
supports continued development of community-based family support and
prevention services, including evaluation and increased use of evidence-based
programs. The Administration also seeks a legislative change to the CBCAP
program that would increase the minimum grant provided under it to $225,000
(compared to $175,000 under current law). Although this grant program has seen
some increase in funding overall, HHS-ACF notes that states with smaller child
populations have not all seen an increase in funding.72
 $48 million for Chafee Education and Training Vouchers (ETVs) (compared to
$43 million provided for FY2022). The proposed level of funding is expected to
provide between 16,000 and 17,000 vouchers for postsecondary education or
training for young people in or formerly in foster care.73
 A total of $70 million for three grant programs authorized under the Victims of
Child Abuse Act (compared to $51 million provided for FY2022). These grants
are administered within DOJ-OJP, which requested the following for FY2023:
$50 million for Children’s Advocacy Centers (CACs) and related technical
assistance and training (compared to $33 million provided for FY2022); $14
million for Court Appointed Special Advocates (CASAs) (same as FY2022
funding); and $6 million for training to improve judicial handling of child abuse
and neglect proceedings (compared to $4 million provided for FY2022).74

69 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, pp. 154-156.
70 Most children found to be victims of child abuse or neglect are found to have experienced neglect. Further, neglect is
the most commonly reported circumstance associated with children’s entry to foster care. See HHS, ACF, ACYF,
Children’s Bureau, Child Maltreatment 2020, February 2022; and AFCARS Report #28, preliminary estimates as of
October 4, 2021. Neglect is generally defined as a “failure to provide” and/or “failure to supervise” and state definitions
of neglect generally reference inadequate shelter, clothing, and food. Each of these, like failure to supervise, may
principally reflect financial need. A 2019 review of state neglect definitions (including those in the 50 states, the
District of Columbia, and Puerto Rico) found that 29 states provide exemptions to their definition of neglect related to
financial need, while 23 did not. See State Child Abuse and Neglect (SCAN) Policy Database, including the Data Users
Codebook, https://www.scanpoliciesdatabase.com.
71 HHS, ACF, FY2023 Justifications of Estimates for the Appropriations Committees, pp. 160-162.
72 Ibid, pp. 164-166.
73 Ibid, pp. 226-227.
74 U.S. Department of Justice, Office of Justice Programs, FY2023 Budget Request, Overview, https://www.ojp.gov/
sites/g/files/xyckuh241/files/media/document/fy23budgetoverview.pdf.
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Appendix. PSSF Funding by Activity
The MaryLee Allen Promoting Safe and Stable Families (PSSF) program has two funding
authorities: one provides capped mandatory support (§436(a) of the SSA) and the other provides
discretionary funding (§437(a)). The majority of these program funds are provided to states,
territories, and tribes for provision of child and family services (specifically, family support,
family preservation, family reunification, and adoption promotion and support). These funds for
services may be used in the same manner, regardless of whether they are appropriated on a
mandatory or discretionary basis. Accordingly, states, territories, and tribes are not required to
track whether the PSSF funds are provided based on discretionary or mandatory appropriations.
Before funding is distributed to states and territories, however, the PSSF program law provides
that certain amounts of the mandatory funding and of any discretionary dollars must be reserved
for tribal child and family services; the Court Improvement Program; and Evaluation, Training,
Technical Assistance & Research. Additionally, PSSF program law provides that a portion of
mandatory PSSF funding must be set aside for two targeted purposes: Regional Partnership
Grants (RPGs) to improve outcomes for children and families affected by parental substance use
disorder and Monthly Caseworker Visits (MCV) grants to improve caseworker visits with
children in foster care. The PSSF program does not provide for any PSSF discretionary funding to
support these activities (see §§436(b) and 437(b) of the SSA).
Beginning with the FY2018 appropriations process, annual appropriations laws have specified
additional uses for discretionary PSSF funds. This has included funding for kinship navigator
program grants and additional funding for evaluation, training, technical assistance, and research,
including to support efforts to increase the number of programs that meet the evidence-based
practice standards required for Title IV-E support of prevention services. In some years, the
discretionary funding has also been used to provide additional support for RPGs and to increase
funding for the Title IV-E Prevention Services Clearinghouse, which is charged with carrying out
systemic independent reviews of programs and services to identify those that may be supported
with Title IV-E prevention services funding.
As discussed previously, the President’s FY2023 budget proposes to increase mandatory funding
for the PSSF program by $300 million (compared to FY2022 funding) and also seeks an
amendment to program law to annually designate a larger portion of the mandatory PSSF funds
for the Court Improvement Program (CIP) ($60 million rather than the $30 million under current
law) and for RPGs ($60 million rather than the $20 million under current law). Additionally, the
FY2023 budget proposes to set aside $50 million in mandatory PSSF funding each year for grants
to provide civil legal services for child welfare-involved families.
Additionally, the budget proposes to maintain discretionary funding authority for PSSF at $200
million each year (the same as the most recent authorization level) but would seek $106 million in
PSSF discretionary funding for FY2023 ($83 million was provided for FY2022). The FY2023
budget request includes appropriations language to stipulate that $60 million of the PSSF
discretionary funds is to be distributed based on PSSF program law and the remainder ($46
million) is to be provided as follows: $30 million for kinship navigator program grants, $7
million for RPGs, and $9 million for the Title IV-E Prevention Services Clearinghouse (except
that each of those sums must be reduced to ensure that 5% of the $46 million is made available
for evaluation and research activities).
Table A-1 shows estimated PSSF funding by activity for FY2022 (as provided in P.L. 117-103)
and for FY2023 as proposed in the President’s FY2023 budget. PSSF mandatory funding is
subject to sequestration and each activity funded by mandatory PSSF dollars must be
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proportionately reduced. The estimated amounts shown for each activity in the table have been
reduced to reflect required sequestration; therefore, the mandatory funding provided for a given
activity in program law, or requested by the President in the FY2023 budget (e.g., for the CIP),
are slightly higher than the amounts shown in the table. Additionally, the specific amounts
provided in the appropriations law (for FY2022) and in the proposed appropriations language (for
FY2023) are each also made subject to a 5% reduction for evaluation and research work;
therefore, the numbers for that discretionary funding are higher in the appropriations law and
proposed appropriations language than the numbers shown in the table.
The HHS-ACF is the agency charged with distributing PSSF funding. Table A-1 estimates this
distribution; however, actual distribution may vary based on various factors.75

75 For example, CRS has interpreted the FY2023 proposed PSSF discretionary appropriations language as requiring
reservation of research and evaluation funding out of the full $46 million in funding provided above the $60 million to
be distributed in accordance with program law. This is roughly consistent with the expected approach for FY2022
discretionary funding. However, technical adjustments may be needed in the appropriations language to clarify intent.
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Table A-1. Estimated Funding for the MaryLee Allen Promoting Safe and Stable Families (PSSF) Program by Activity
(dollars in millions)

FY2022 Funding Provided

FY2023 Funding Proposed (President’s Budget)

Mandatory
+ Discretionary
= TOTAL

Mandatory
+ Discretionary
= TOTAL
TOTAL Funding—before sequestration
$345
$83
$428

$645
$106
$751
TOTAL Funding—after sequestration
$325
$83
$408

$608
$106
$714

FUNDING BY ACTIVITY (after sequestration)

Child and Family Services
$254
$56
$309

$423
$56
$479
subtotal—50 states, District of Columbia (DC), and territories
$245
$54
$299

$407
$54
$462
subtotal—Indian tribes, tribal organizations, or consortia
$9
$2
$10

$16
$2
$18
Court Improvement Program
$28
$2
$30

$57
$2
$59
subtotal—highest courts in states, DC, and territories with IV-E
$27
$2
$29

$55
$2
$57
plan
subtotal—competitive grants for tribal courts
$1
NA
$1

$2
NA
$2
Regional Partnership Grants
$19
NA
$19

$57
$7
$63
Monthly Caseworker Visit Grants
$19
$0
$19

$19
NA
$19
Evaluation, Training, Technical Assistance, and Research
$6
$3
$9

$6
$4
$10
Kinship Navigator Programs
NA
$19
$19

$0
$29
$29
Title IV-E Prevention Services Clearinghousea
$0
$3
$3

$0
$9
$9
Civil Legal Services Grants
NA
NA
NA

$47
NA
$47
Source: Table prepared by the Congressional Research Service based on program law (§§436(b), 437(b), and 438(c) of the Social Security Act [SSA]); FY2022 final
funding (P.L. 117-103); HHS, ACF, FY2023 Justifications of Estimates for Appropriations Committees; and FY2022 and FY2023 sequestration orders under BBDECA 251A
available at https://www.whitehouse.gov/omb/legislative/sequestration-reports-orders/.
Notes: Parts may not sum to total due to rounding. NA = not authorized. Typically, this means that program law does not provide for funding of this activity out of this
kind of PSSF funding (i.e., mandatory or discretionary). However, the PSSF program law (Title IV-B, Subpart 2 of the SSA) does not provide funding in either case for
kinship navigator program grants or for the Title IV-E Prevention Services Clearinghouse. Nonetheless, these activities have in recent years been funded out of PSSF
discretionary funds based on authority included in final appropriations acts. Current law does not reserve funds for Civil Legal Services Grants; they are proposed only.
HHS-ACF is the agency charged with awarding these funds. Estimates shown in this table may vary from amounts as determined by HHS based on several factors,
including interpretation of final and proposed appropriations language.
a. The Title IV-E Prevention Services Clearinghouse receives $1 mil ion annually in mandatory funding under Title IV-E of the SSA (§476(d)(5)). Any funding provided
or proposed for the clearinghouse out of PSSF funds is in addition to that amount.
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Child Welfare in the President’s FY2023 Budget

Author Information

Emilie Stoltzfus

Specialist in Social Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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