FOSTER Act
- Sponsor
- Rep. Strickland, Marilyn [D-WA-10]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Nov 21, 2025
Bottom line
The FOSTER Act expands federal opioid grants to provide dedicated support and funding for children and kinship caregivers impacted by the opioid crisis, focusing on prevention, treatment, and caregiver recruitment and training.
What it actually does
This bill, known as the FOSTER Act, amends the 21st Century Cures Act to expand the scope of opioid grants to specifically support State and local agencies providing services for children and caregivers, kinship care families, and kinship caregivers affected by the opioid crisis. It authorizes $255,000,000 for each of fiscal years 2028 through 2033 for these grants, with a 1 percent set-aside for the new kinship care provisions. The bill also defines 'kinship care family' and 'kinship caregiver' to clarify eligibility for these expanded services.
Proponents argue
Supporters argue that this bill addresses a critical and often overlooked consequence of the opioid crisis: the impact on children and the families, particularly kinship caregivers, who step in to care for them. They contend that providing dedicated funding for workforce training, healthcare services, and foster/adoptive parent recruitment will strengthen the support system for these vulnerable populations and help mitigate the long-term effects of the crisis on children.
Opponents contend
Critics might raise concerns about the overall increase in federal spending and the potential for administrative complexities for states in implementing new grant requirements. While direct opposition to supporting children and kinship caregivers affected by the opioid crisis is unlikely, some may argue for greater flexibility for states in allocating existing opioid response funds rather than creating new, specific mandates.
The bill is very short and clearly written, making it highly accessible for any reader to understand its provisions quickly.
Section 2(a)
Expansion of Opioid Grants for Children and Caregivers
This provision amends the 21st Century Cures Act to allow federal opioid grants to be used by State and local agencies to support children, caregivers, kinship care families, and kinship caregivers. The support includes workforce recruitment and training, health care services (including those for mental health and substance use disorders), and recruitment and training for foster and adoptive parents. This expands the existing grant program to explicitly cover these vulnerable groups and services.
Supporters argue
Supporters argue that this expansion is crucial for addressing the holistic needs of families affected by the opioid crisis, particularly recognizing the vital role of kinship caregivers who often take on parental responsibilities without adequate support. They contend that this provision will enable more comprehensive and targeted interventions.
Critics contend
No specific opposition is typically raised against this provision, as it targets a vulnerable population and aims to address a public health crisis. However, some may express general concerns about the efficiency of federal grant programs or the potential for administrative overhead.
Tradeoffs
The provision balances the need for broad opioid crisis response with the specific, often unmet, needs of children and kinship caregivers. It aims to ensure that federal resources are directed to these critical areas, potentially at the expense of other opioid-related initiatives if overall funding is not increased proportionally.
Section 2(b)
Definitions for Kinship Care
This section adds specific definitions for 'kinship care family' and 'kinship caregiver' to the 21st Century Cures Act. A 'kinship care family' is defined as a family with a kinship caregiver. A 'kinship caregiver' is defined as a relative by blood, marriage, or adoption who lives with a child, is the primary caregiver because the biological or adoptive parent cannot or will not serve in that role, and has either a legal relationship to the child or is raising the child informally.
Section 2(c) and 2(d)
Authorization of Appropriations and Set-Aside for Kinship Care
This provision authorizes $255,000,000 for each of fiscal years 2028 through 2033 to carry out the opioid grant program under the 21st Century Cures Act. Additionally, it mandates that 1 percent of this authorized amount for each fiscal year shall be specifically made available to support the new services for children and caregivers, kinship care families, and kinship caregivers as outlined in the bill. This ensures a dedicated funding stream for the newly expanded focus.
This subsection mandates that 1 percent of the authorized appropriations for each fiscal year (2028-2033) shall be specifically made available to carry out the new provisions supporting children and kinship caregivers.
Section 2(d)
Why it matters:This is standard legislative practice for allocating a specific portion of a larger authorized sum to a particular sub-purpose. It ensures dedicated funding without requiring a separate, complex appropriations process.
Case for: Supporters argue that this set-aside is crucial for ensuring that the needs of children and kinship caregivers, who are often overlooked, receive guaranteed funding within the broader opioid response efforts. It prevents these specific services from being deprioritized.
Case against: Critics might argue that such specific set-asides can limit the flexibility of State and local agencies to allocate funds based on their unique, evolving needs and priorities in combating the opioid crisis. They may prefer broader discretion in funding decisions.
Estimated impact: This provision would direct approximately $2.55 million annually (1% of $255,000,000) towards services for children and kinship caregivers from fiscal years 2028 through 2033.