Fatherhood legislation pending in Congress

Noncustodial fathers are getting a lot of attention on Capitol Hill. Two fatherhood bills are moving through Congress. One is the Father’s Count Act of 1999 (H.R. 3073), sponsored by Representatives Nancy Johnson (R-Conn.) and Benjamin Cardin (D-Md.). H.R. 3073, now pending in the Senate, passed the House with a vote of 328 to 93. The other bill, also pending in the Senate, is the Responsible Fatherhood Act of 1999 (S. 1364), sponsored by Senators Evan Bayh (D-Ind.) and Pete Domenici (R-N.M.). The Clinton administration also has a fatherhood initiative. The various proposals differ in terms of emphasis placed on low-income families, marriage, training and services, and the treatment of child support and charitable choice.

The Fathers Count Act of 1999

The Fathers Count Act (H.R. 3073) provides for $140 million over five years to fund a fatherhood grant program for the purpose of (1) promoting marriage, (2) promoting successful parenting, and (3) helping fathers and their families avoid or leave cash welfare and improve their economic status. At least 75 percent of the grant amounts are to be awarded to (1) nongovernmental (including faith-based) organizations or (2) governmental organizations that pass through at least 50 percent of the grant to nongovernmental organizations. Preference is given to child-support agencies that take actions such as voluntarily canceling child-support arrearages owed to the State by the father when the father maintains a regular child-support payment schedule or lives with his children, and helping fathers maintain a consistent schedule of visits with their children. To be eligible for services, the father’s income mcust be less than 150 percent of the poverty line or one must be a father of a child who is, or within the last 24 months has been, a recipient of assistance or services under the Temporary Assistance for Needy Families program. Mothers are also eligible for services.

The Fathers Count Act also provides $5 million for a nationally recognized nonprofit fatherhood promotion organization to conduct a national public education campaign and develop a national clearinghouse with an emphasis on the promotion of married fatherhood as the ideal. Two nationally recognized nonprofit fatherhood promotion organizations will receive $10 million to operate projects in three metropolitan areas.

The Responsible Fatherhood Act of 1999

The Responsible Fatherhood Act (S. 1364) aims "to increase public awareness regarding the benefits of lasting and stable marriages and community involvement in the promotion of marriage and fatherhood issues." The bill authorizes $25 million a year in matching grants to states to encourage media campaigns—50 percent to be used to strengthen fragile families and promote responsible fatherhood, and 50 percent to be used to promote the formation and maintenance of married two-parent families. An additional $2 million a year will be awarded to a nationally recognized, nonprofit fatherhood promotion organization to develop a national clearinghouse with an emphasis on promoting married fatherhood as the ideal.

The Responsible Fatherhood Act also authorizes $50 million a year for a state block grant program (also requiring matching state funds) to support local efforts to promote the formation and maintenance of married two-parent families, strengthen fragile families, and promote responsible fatherhood. The allotment of funds to the states is based upon the number of children who are under the age of five and whose family income is at or below 200 percent of the poverty level. Fifty percent of the funds must be used to strengthen fragile families and promote responsible fatherhood, and 50 percent must be used to promote the formation and maintenance of married two-parent families. States may award funds to local governments and public agencies, and private nonprofit organizations, including charitable and religious organizations.

Fostering parent-child relationships

The focus of any fatherhood initiative should be the relationship between the parent and the child, not the relationship between the parents. Fatherhood initiatives should foster an atmosphere of respect and cooperation between mothers and fathers and be used to give parents the tools they need to provide for their children emotionally and financially. All families must be valued, including families in which the parents are married, divorced, never married, teens, adoptive, gay, and lesbian. Personal religious beliefs or lack thereof must be accepted. Initiatives must promote a philosophy of nonviolence.

The emphasis on marriage is misplaced. The rhetoric from the radical right is that marriage will end poverty and domestic violence (and, in turn, the need for welfare, child support, and domestic violence shelters). Marriage is not the solution to poverty or domestic violence. While marriage may be the ideal goal for some parents, influencing parents’ decisions about their intimate relationships should not be the goal of government-funded fatherhood initiatives. Even promoting cooperative parenting may not always be in the best interests of the child or the custodial parent, particularly where the noncustodial parent may endanger the welfare of either the custodial parent or the child. In such cases, cooperative parenting should not be encouraged or required.

Public education campaigns and fatherhood programs should not denigrate the children and the parents of those children whom these bills allegedly help. Single mothers must be acknowledged as being able to provide for their children and guide them toward a successful and happy adult life despite the challenges of single parenthood.

How do we help parents and their children?

Wendy Pollack of the National Center on Poverty Law is working with other groups with similar concerns as part of a national effort to amend these bills. Amendments sought include changing the emphasis to cooperative parenting rather than marriage, strengthening the language about domestic violence, adding protections against discrimination on the basis of religion or adherence to religious tenets and improving the child-support system.

Fatherhood groups that consider themselves "father involvement" organizations, in contrast to "fathers’ rights" organizations, are part of this national effort. The distinction is that father involvement organizations generally focus on cooperative parenting to foster a positive relationship between the father and child; serve low-income fathers, many of whom need access to education and training and other services so that they may improve their economic situation and pay child support; acknowledge domestic violence and promote nonviolence; and understand that marriage is not necessarily in the best interests of the parents or the children. Rather than emphasizing marriage, "fatherhood involvement" organizations are concerned with getting fathers employed and understanding what family means and to appreciate the responsibilities that are involved.

For more information contact Wendy Pollack at 312.263.3830 ext. 238.

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