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The Deficit Reduction Act of 2006 which was passed in February 2006 by Congress and signed by President Bush included language that essentially overturned the Rosales v. Thompson decision handed down by the Ninth Circuit U.S. Court of Appeals. The decision in Rosales broadened the eligibility criteria for federal foster care funding under Title IV-E, which enabled children to be found eligible for Title IV-E.  

The Deficit Reduction Act thus narrowed the eligibility criteria again, meaning that fewer children would be eligible for federal funding. 

Cathy Senderling, senior legislative advocate at the County Welfare Director’s Association of California (CWDA), said that the cuts would be very unfortunate. “For children placed with relatives, the difference could be great. As an example, consider two siblings aged 7 and 10 who are placed with a grandmother who is also needy. Under the Rosales court decision, if those children were found eligible for federal foster care, the family would be able to receive a payment of $1,330 each month using a combination of foster care funds and our CalWORKs cash assistance program (the state’s welfare program). If Rosales no longer applies, this family would lose the foster care payments for the two siblings, and instead get a CalWORKs grant for a family of three. Their new monthly payment is $703—a loss of $607 a month, or $7,284 a year,” she said. 

Senderling added that this was a substantial difference for a low-income family that was trying to make ends meet in the first place. “Our relative caregivers are often needy themselves and are willing to where they have been abused and neglected, but they must be able to feed, clothe, and shelter those children. Relatives are the placement of choice because they keep children connected to their broader families as well as to their friends, schools and communities. If we are not able to find a relative who is willing and able to take in these children, they may be separated from their siblings and moved far away from their communities and schools to live with caregivers they have never met before. We very much value our licensed, non-related foster parents, but both federal and state law—as well as best social work practice— dictate that we look first to the child’s family to find someone they already know who can care for them.” 

If this kind of money is lost by caregivers, placements could be destabilized, making it more difficult for CWDA to find relatives who were willing and able to care for children. This is one of the main reasons why the federal budget cut is such a problem.  

“We believe that the federal government should share in the cost of caring for children who have been abused and neglected and should be helping us find quality caregivers for these children by broadening the criteria for children to be eligible for federal funding—not making it even more difficult than it already is to find good caregivers,” Senderling told the Daily Planet. 

Carol Collins, Assistant Agency Director, Department of Children and Family Services, Social Services Agency of Alameda County, said that the cuts would prove devastating for both children and families alike. “Child foster care is very underfunded in the first place. Any proposed cuts makes us even more fearful of the situation. We are anxiously awaiting to learn how these cuts would affect foster care in Alameda County.” 

Children who go into foster care are usually those who are removed from their immediate family because of abuse or neglect. They are then placed preferably with a blood relative or a temporary parent who if found eligible, receives federal funding for the child’s care until the child can be reunited with his or her parents. Collins said that as a result of these cuts, relatives would find it difficult to provide foster care which would result in the child going into the care of a total stranger.  

Presently, there are legislators and advocates who are lobbying against this new law. “Because of the cuts, we will have to increase the number of county-licensed foster homes. We have put together a massive effort and are working with different faith organizations, churches, faith leaders, and foster parents from congregations to prepare for this,” she said. 

Collins added that although the highest concentration of foster children were in East and West Oakland and South Hayward—all three having the highest numbers of economically deprived families—foster care in Berkeley would also be affected. “It is rather unfortunate that foster child care is not being given a high priority. These are the ones who are abused and neglected and need the most care and protection that they can get. It is sad that they are not seen as an important enough priority by the government.” she told the Daily Planet.  

Alameda County currently has a total of 3,000 foster children. 

The Social Service Agency of Alameda County is responsible for providing foster children in Berkeley with placements in either the city or outside. Children from a different city are also provided foster care placements in Berkeley. The city is responsible for providing only healthcare and other services to those who are already eligible for foster care in Berkeley.  

According to Julie Sinai, senior aide to Mayor Tom Bates, the cuts will impact foster care services in the city as well. Although the exact nature of the cuts is not yet known, the mayor is very supportive of the children who are in the foster care system. Some of the services that are provided to foster kids in Berkeley are MediCal, free lunches in school, and mental health services. “We haven’t got any announcements yet from the Alameda County Social Services Agency about the effects these cuts will have on our ability to care for these kids,” Sinai said.  

Sinai also acknowledged the fact that the foster care system was “seriously underfunded and underresourced,” and that “a budget cut at the federal level would not be doing anyone any good.” She added that the kids who went into foster care at a young age were the same kids who were turned out into the streets with zero resources at age 18. “They become Berkeley’s homeless youth. Currently the city is working on permanent placement programs like Homeless Connect (scheduled to take place on April 3) and reunification projects like Homeless Bound to help these kids out.” ?