CHILD WELFARE BACKGROUND Approximately 100,000 to 150,000 children under the age of 14 accompany their parents on their yearly migration for agricultural work. Because one wage earner's income is rarely enough to support a family, it is usually the case that the wife, and often the older children, work also. Infants and younger children, if they are left at the home camp, are usually tended by a woman too old or too sick to work, or by an older child-perhaps only 9 or 10 years old himself. Sometimes infants are taken to the field with their parents, and left for the whole day with little shelter, care, or attention. In short, these children are generally left uncared for and when care is provided, it is usually inadequate. In a study made by the Children's Bureau in 1960, the overwhelming consensus of States welfare agencies was that day care centers are desperately needed for children of migratory agricultural workers. Some States have already allocated part of their State child welfare appropriations for day care facilities for migratory children. Yet today, in the entire Nation, there are still only 24 licensed day care centers which primarily serve children of migratory families. Thirteen of these centers are in New York State alone. The combined aggregate capacity of all 24 centers would probably serve fewer than 1,000 children. Aside from day care, an equally serious situation exists in the area of child welfare work. Migratory families and their children have a greater-than-average number of social problems. However, in the 39 counties estimated to have 5,000 or more migratory workers, 10 do not have any service available from a fulltime public welfare worker. Ten others either have one full-time worker for the county's total population, or services only on a shared basis with one or more counties. RECOMMENDATION Children of migratory farmworkers should be provided better care and protection while their parents are at work in the fields. The Federal Government should stimulate establishment and maintenance of day care facilities for children of migratory agricultural workers by making financial assistance available for this purpose to States. Such assistance should be made available to States on a matching basis by a formula which makes allowance for the State's per capita income, and its total number of domestic migratory workers. JULY, 6, 1961. Hon. HARRY F. BYRD, Chairman, Committee on Finance, Washington, D.C. DEAR SENATOR BYRD: This is in further reply to your request for our comments on S. 1131, a bill to amend title V of the Social Security Act to further assist States in establishing and operating day-care facilities for the children of migrant agricultural workers. We are greatly concerned with the problem of providing adequate care and supervisory program for the children of migrant farmworkers. Although the Department of Health, Education, and Welfare would have primary responsibility for helping devise the best techniques for these programs, this Department deems the provision of satisfactory day-care programs while parents work in agriculture absolutely essential. This need would be increased under legislation supported by this administration to regulate the employment of children in agriculture outside of school hours. It is estimated that there are 500,000 domestic agricultural migrant workers in the United States. Domestic migrants are employed at various times during the year in 47 States, with 28 States having 5,000 or more migrants at the peak harvest season. The number of children under 18 years of age who migrate with their families is estimated at between 175,000 and 225,000. Reports of national voluntary organizations and State public welfare agencies, contained in a document entitled "Children in Migrant Families," prepared by the Children's Bureau of the Department of Health, Education, and Welfare in 1960, indicate that day care and protection of migrant children are grossly inadequate. Although several States have initiated day-care services for children of migrant workers, State resources have not been sufficient to establish adequate programs. We think it is appropriate, therefore, in view of the national concern for the welfare of migrant families, and in line with governmental efforts to improve their working and living conditions, that Federal funds be made available for vitally needed day-care services. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the administration's program. Yours sincerely, ARTHUR J. GOLDBERG, Secretary of Labor. Source: The Migratory Farm Labor Problem in the United States, a report together with individual views to the Committee on Labor and Public Welfare, U.S. Senate, pursuant to S. Res. 267 (86th Cong., 2d sess.), Rept. 1098, Sept. 20, 1961. DEPARTMENT OF AGRICULTURE, Hon. HARRY F. BYRD, OFFICE OF THE SECRETARY, DEAR SENATOR BYRD : This replies to your letter of March 8, 1961, requesting a report on S. 1131, a bill "To amend title V of the Social Security Act to further assist States in establishing and operating day-care facilities for the children of migrant agricultural workers." We recommend the passage of this bill if the Secretary of Health, Education, and Welfare considers it practical and workable. The problem of day-care facilities for children of migrant workers who travel with their families is a difficult one. This bill would assist States that already have such day-care facilities and encourage others to provide them. It would make any day-care facilities furnished by any State receiving aid under this bill available to all without any residence requirements. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, Hon. HARRY F. BYRD, ORVILLE L. FREEMAN. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washingon, D.C., July 28, 1961. Chairman, Committee on Finance, DEAR MR. CHAIRMAN: This is in response to your request of March 6, 1961, for a report on S. 1131, "To amend title V of the Social Security Act to further assist States in establishing and operating day-care facilities for the children of migrant agricultural workers." In his report to your committee on this bill, the Secretary of Health, Education, and Welfare is recommending its enactment subject to two modifications. The Bureau of the Budget concurs with the views contained in that report and advises that enactment of S. 1131, modified as recommended by the Department of Health, Education, and Welfare, would be consistent with the administration's objectives. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Hon. HARRY F. BYRD, Chairman, Committee on Finance, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request of March 6, 1961. for a report on S. 1131, a bill to amend title V of the Social Security Act to further assist States in establishing and operating day-care facilities for the children of migrant agricultural workers. This bill would enable further cooperation with State public welfare agencies which have included in their plans for child welfare services provisions for daycare facilities for the children of migrant agricultural workers, through authorizing an annual appropriation of $750,000 to be used exclusively for the establishment and operation of such day-care facilities (including, as defined in the bill, (a) day-care centers whether provided directly by the State or any political subdivision thereof or indirectly through purchase of care or other basis, and (b) individualized care provided through foster home services). Matching would be required on the same formula as for Federal child welfare funds under existing law. We support the objectives of S. 1131. The need for more adequate day-care services for children of migrant workers is documented in a recent report prepared by the Children's Bureau at the request of the Senate Appropriations Committeee. In brief: "Report from national voluntary organizations and State public welfare agencies show a gross lack of adequate care and protection for migrant children while their parents work. The tragic plight of these children is vividly por trayed in reports, over and over again, of tiny children taken to the fields early in the morning with their parents and left long hours alone in locked cars; children, left to care for themselves, playing in roadways or drainage ditches and sometimes having accidents resulting in serious injury or even death; and children left in the camp areas or other migrant housing sites under the care of older children-older children who are themselves no more than 9 to 12 years of age, and sometimes younger." ("Children in Migrant Families"-A Report to the Senate Appropriations Committee of the 87th Congress, U.S. Department of Health, Education, and Welfare, Social Security Administration, Children's Bureau, December 1960. Page 55. Copy attached.) The total estimated number of domestic agricultural migrant workers in the United States is about 500,000. Domestic migrants at some time during the year are found in 47 States-with 28 States having 5,000 or more migrants at the peak. An estimated 175,000-225,000 children under 18 migrate with their families. S. 1131 would build on the progress that has been made in establishing and extending child welfare services under the provisions of title V, part 3, of the Social Security Act. Several States have used Federal child welfare funds to begin the development of day care program for children of migrant workers. Among these States are Pennsylvania, Virginia, North Carolina, Iowa, Ohio, Florida, and Maryland. But the resources of most States have not been sufficient to provide for the establishment of these programs on a more general basis. Clearly, a nationwide effort, with Federal assistance and encouragement, is needed to stimulate the development of more day care facilities so that these children will have opportunities for adequate care and protection wherever they may be residing. The bill provides for allotment of the funds to the respective States in an amount which bears the same ratio to the amount appropriated for each year as the total number of children of migrant agricultural workers who were in the State during the preceding fiscal year (as determined by the Secretary on the basis of the best data available to him) bears to the total number of such children. At the present time, adequate statistics are not available on the number of such children and, pending the availability of these statistics, it will be necessary to use an index such as the peak number of migrant workers in each State. Regardless of the statistics used, however, because of the variation in the number of migrants in the different States, some States would receive under this formula an amount which would be insufficient, although combined with the State and local matching funds, to enable them to develop the facilities for even a small group of these children. The Department suggests that the formula include provision for a minimum allotment of $1,500. This could be done by adding the following phrase at the end of section 527 (b): Provided that the minimum allotment available shall not be less than $1,500. We plan to make a comprehensive review of the child welfare services program including the particular need of migrant children for day-care facilities in the near future. We would accordingly recommend that the program authorized by S. 1131 be limited to a 2-year period so that the conclusions derived from our study will be available when permanent legislation to deal with the problem is considered. Subject to the modifications indicated, we recommend the enactment of S. 1131 by the Congress. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, ABRAHAM RIBICOFF, Secretary. [S. 1131, 87th Cong., 1st sess.] A BILL To amend title V of the Social Security Act to further assist States in establishing and operating day-care facilities for the children of migrant agricultural workers Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) title V of the Social Security Act is amended by adding at the end thereof the following new section: "DAY-CARE FACILITIES FOR CHILDREN OF MIGRANT AGRICULTURAL WORKERS "SEC. 527. (a) For the purpose of enabling the United States, through the Secretary, to further cooperate with State public-welfare agencies which have included in their plans for child-welfare services provisions calling for the providing of day-care facilities for the children of migrant agricultural workers, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1962, and for each succeeding fiscal year, the sum of $750,000, which shall be used exclusively for the establishment and operation of such day-care facilities. "(b) At the beginning of each fiscal year (commencing with the fiscal year ending June 30, 1962) the Secretary shall allot the sums appropriated pursuant to subsection (a) to States as follows: He shall allot to each State the plan of whose child-welfare agency calls for the providing of such day-care facilities an amount which bears the same ratio to the amount appropriated pursuant to subsection (a) for such year as the total number of children of migrant agricultural workers who were in such State during the preceding fiscal year (as determining by the Secretary on the basis of the best data available to him) bears to the total number of such children who were in all such States for such preceding year (as so determined). "(c) From the sums appropriated pursuant to subsection (a) and the allotments under subsection (b), the Secretary shall from time to time pay to each State the public-welfare agency of which includes in its plan for child-welfare services provisions calling for the providing of day-care facilities for the children of migrant agricultural workers an amount equal to the Federal share (as determined under section 524) of such portion of the total sum expended under such plan (including the cost of administration of the plan) as is attributable to the providing of such day-care facilities. Such amounts shall be payable in the manner provided by section 523 (b). "(d) The amount of any allotment to a State under subsection (b) for any fiscal year which the State certifies to the Secretary will not be required for carrying out the provisions of its State plan relating to the providing of day-care facilities for the children of migrant workers shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out the provisions of their State plan which call for the providing of such facilities for sums in excess of those previously allotted to them under such subsection and (2) will be able to use such excess amounts during such fiscal year in carrying out such provisions. Any amount so reallotted to a State shall be deemed part of its allotment under subsection (b). "(e) In no case shall a State receive Federal financial assistance with respect to the same expenditure under this section and the preceding sections of this part. "(f) For purposes of this section "(1) The term 'migrant agricultural worker' means an individual (A) whose primary employment is agriculture, as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (f)), or performing agricultural labor, as defined in section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(f)), on a seasonal or other temporary basis, and (B) who establishes with his family for the purpose of such employment a temporary residence; "(2) The term 'child' means a child who makes his home with his parent or the individual who stands in loco parentis to the child; and "(3) The term 'day-care facility' includes (A) day-care centers whether provided directly by the State (or any political subdivision thereof) or indirectly through a purchase of care or other basis, and (B) individualized care provided through foster home services. "(g) No funds appropriated under the authority of subsection (a) shall be payable to any State which imposes, as a condition of eligibility for day-care facilities, any residence requirement which excludes any otherwise eligible child physically present in the State." (Whereupon, at 12: 15 p.m., the committee adjourned, to reconvene at 10 a.m. Tuesday, May 15, 1962.) |