Melania Trump Urges Congress to Codify Foster Care Executive Order into Permanent Law

On April 15, 2026, First Lady Melania Trump took the unusual step of appearing before the House Ways and Means Committee to press lawmakers to codify her "Fostering the Future" executive order into permanent federal law, arguing that access to stable adults, educational pathways, and career opportunities is the "birthright" of every American child [1][2]. The visit, only her second formal lobbying trip to Capitol Hill since her husband's second term began, reframes a White House initiative into a test of something harder: whether a First Lady's policy brand can survive the transition from presidential directive to statute, and whether Congress can agree on the most substantial overhaul of federal foster care law since 1999 [3].

What the executive order actually does

President Donald Trump signed "Fostering the Future for American Children and Families" in November 2025, directing the Department of Health and Human Services to act within 180 days on a cluster of administrative reforms [4]. The order requires HHS to update regulations governing the collection and publication of state-level child-welfare data, to encourage states to modernize their case-management information systems, and to expand the use of "predictive analytics and tools powered by artificial intelligence" for recruiting and matching foster caregivers [4]. It instructs the department to publish an annual scorecard ranking states on outcomes such as how quickly maltreatment investigations are completed, how often placements are disrupted, and how rapidly children reach permanent homes [4].

A second set of provisions establishes a "Fostering the Future" initiative inside HHS charged with building partnerships with private employers, universities, and nonprofits to provide scholarships, internships, and mentorships for current and former foster youth, along with a public online platform to help youth navigate federal, state, and local benefits [4][5]. The Office of Personnel Management is instructed to identify federal internships and early-career jobs for foster-experienced applicants and to build a dedicated hiring portal [5]. The order also facilitates state use of tax-credited scholarship donations to expand school choice for children in care [5].

Notably, the text of the executive order contains no new appropriations and no dollar commitments [4]. That is by design: a president cannot direct Treasury to spend money Congress has not authorized. Most of what the order does — convening partnerships, publishing scorecards, urging states to modernize data systems — is already within HHS's existing authority under Title IV-E and IV-B of the Social Security Act, the Chafee Foster Care Program for Successful Transition to Adulthood, and the Family First Prevention Services Act of 2018 [6][7]. HUD and Treasury have since layered on their own internal directives, including coordinating existing Foster Youth to Independence housing vouchers with the program [8]. What the order cannot do on its own is create new grant streams, mandate compliance by states, or guarantee that a future administration will not rescind it with the stroke of a pen — which is the case the First Lady is now making to Congress.

The scale of the system she is trying to reshape

The United States foster care system is smaller than it was a decade ago but still vast. As of the end of fiscal year 2024, roughly 328,947 children were in foster care, down from a recent peak of 442,995 in 2017 [9]. During FY 2024, 170,943 children entered care and 176,730 exited [9]. About 46,935 were adopted from foster care that year, while 70,418 were waiting for adoption — including 34,817 who were legally free but had not been placed [9].

Source: AFCARS / HHS Administration for Children and Families

Data as of Nov 15, 2025CSV

Source: AFCARS Report #32 / HHS Children's Bureau

Data as of Nov 15, 2025CSV

For the subset of youth the executive order most directly targets — those who leave care without a permanent family — the outcomes remain stubborn. Roughly 15,379 youth aged out of foster care in FY 2024, about 9 percent of all exits [9]. Research from the Midwest Evaluation of the Adult Functioning of Former Foster Youth and follow-up studies published by HHS's Office of the Assistant Secretary for Planning and Evaluation find that by age 26, roughly 36 percent of former foster youth have experienced homelessness, up to 54 percent are unemployed, only about 3 to 4 percent have earned a college degree, and more than 40 percent have been incarcerated by age 20 [10][11]. Monthly earnings at age 24 average well below the $1,535 earned by non-foster peers [10].

Source: HHS ASPE / Midwest Study / Chapin Hall

Data as of Jun 1, 2024CSV

International comparisons are difficult because definitions of out-of-home care differ, but peer systems have tried alternative designs with mixed evidence. Australia now places nearly half of children in formal kinship care with relatives, a model studies associate with greater placement stability [12]. The United Kingdom requires extensive pre-service training for foster parents, and Queensland's "Hope and Healing" and Ontario's "PRIDE" curricula emphasize trauma-informed care [12]. None of the peer countries, however, serves a population the size of the United States, and no rigorous cross-national outcome study cited in the advocacy literature shows that any single model clearly outperforms the others on adult employment or housing stability [12].

The legislative package

The bill most directly tied to the executive order is H.R. 6221, the Fostering the Future for American Children and Families Act, introduced in late 2025 by Representatives Don Bacon (R-Neb.) and Greg Landsman (D-Ohio) [13]. It would codify most of the administrative directives in the executive order and authorize up to $50 million per year for a new "Fostering the Future Pipeline Program" inside HHS that would fund technical job training and apprenticeships in fields including skilled trades, manufacturing, health care, information technology, and agriculture [13]. The bill also directs HHS and the Department of Labor to study gaps in existing federal, state, and private programs that support workforce training for current and former foster youth [13].

Running on a parallel track is a broader package of five bipartisan bills introduced in March 2026 by the House Ways and Means Subcommittee on Work and Welfare to modernize the John H. Chafee Foster Care Program for Successful Transition to Adulthood — the main federal funding stream for youth aging out of care, created in 1999 [3][14]. Among the most consequential are the Foster Youth Housing Opportunity Act (H.R. 7432), sponsored by Reps. Darin LaHood (R-Ill.) and Gwen Moore (D-Wis.), which strengthens coordination between Chafee funds and HUD's Foster Youth to Independence housing vouchers, and the Foster Youth Workforce Opportunity Act (H.R. 7343), sponsored by Rep. Max Miller (R-Ohio), which would expand how states may spend Chafee Education and Training Vouchers to cover apprenticeships, vocational programs, and remedial education [3]. Committee leaders describe the package as the most significant rewrite of Chafee since its creation [3].

The legislative track record is the awkward fact hovering over the effort. Foster care reform has repeatedly attracted bipartisan sponsors, and some bills have passed: the Family First Prevention Services Act was enacted in February 2018 as part of the Bipartisan Budget Act and for the first time allowed states to draw on Title IV-E funds — historically reserved for out-of-home placements — to pay for evidence-based mental health, substance use, and parenting services to keep families together, at a 50 percent federal match [6][7]. But dozens of narrower Chafee reform bills introduced in recent congresses have stalled in committee, often over disputes about federal match rates, mandates on states, and offsets [14]. The 119th Congress inherits that history, along with an appropriations environment in which both parties have signaled resistance to new mandatory spending.

The First Lady precedent — and its limits

Skeptics of executive-to-legislation campaigns argue they are as much about legacy as law, and the mixed history of First Lady initiatives supports some of that skepticism. Michelle Obama's signature "Let's Move" project achieved its most durable codification through the Healthy, Hunger-Free Kids Act of 2010, which Congress enacted and which allocated $4.5 billion to tighten nutrition standards for the National School Lunch Program [15]. But by 2017 the first Trump administration's Department of Agriculture, under Secretary Sonny Perdue, had begun rolling back the sodium, whole-grain, and milk standards that the law's regulations had imposed, arguing they were too stringent and increased food waste [15]. The statute survived; the operative rules did not.

Laura Bush's Reading First program offers a cautionary tale in the opposite direction. Embedded inside No Child Left Behind in 2002, Reading First was Congress's largest-ever early-literacy investment, funded at roughly $1 billion a year [16]. A 2008 Institute of Education Sciences evaluation found no measurable effect on reading comprehension, and Congress cut the program's budget by 60 percent before eventually zeroing it out [16]. Enacting a First Lady's initiative in statute, in other words, does not guarantee its survival if outcomes disappoint or political coalitions shift. The First Lady's earlier legislative victory — the TAKE IT DOWN Act, signed in May 2025 to criminalize nonconsensual intimate imagery including AI-generated deepfakes, with its first federal conviction secured in April 2026 — is a reminder that some of these campaigns do produce enforceable law, but it is also a much narrower and less expensive bill than a foster care overhaul [17][18].

Advocates, skeptics, and the federalism question

Most national child-welfare organizations have reacted favorably to the executive order's priorities, though with caveats about implementation. Casey Family Programs, the country's largest operating foundation focused exclusively on foster care, has invested more than $1.6 billion since 1966 on efforts closely aligned with the order's goals and has historically provided nonpartisan technical assistance to both parties [19]. The Congressional Coalition on Adoption Institute runs the Foster Youth Internship Program on Capitol Hill and has long advocated for the kind of federal employment pathways the order creates [20]. The Annie E. Casey Foundation's "Fostering Youth Transitions" series, the National CASA/GAL Association, and the Child Welfare League of America have all published supportive statements on Chafee modernization [20][21].

Support is not universal. Child-welfare researchers have warned that AFCARS data systems have gaps that make state scorecards difficult to construct fairly, and that emphasizing "faster permanency" metrics can inadvertently push agencies toward reunifications or adoptions that later disrupt [22]. Civil-liberties and family-preservation advocates, writing in outlets such as The Imprint and from organizations like the ACLU's family defense program, have raised concerns that federal scorecards could penalize states that choose preventive and kin-based approaches over removals [14][22]. Reporting on state-level foster-care privatization — already permitted in 28 states — has documented abuse and oversight failures that critics say will not be solved by federal coordination alone [23].

The constitutional terrain is where the campaign may face its quietest but most persistent resistance. Child welfare has historically been a state police power; the federal role has grown primarily through the spending clause — by conditioning Title IV-E, IV-B, and Chafee dollars on state compliance with federal standards — rather than through direct regulation [24]. A Congressional Research Service overview notes that "under the Constitution, states are considered to bear the primary public responsibility to ensure the well-being of children and their families," with federal authority largely limited to what it funds [24]. Libertarian-leaning and traditional-federalism scholars at institutions such as the Cato Institute and the Heritage Foundation have been sharply critical of federal mandates in welfare policy going back to the 1990s, arguing for state waivers and against new national requirements [25]. While neither organization has issued a formal position paper on H.R. 6221, the executive order's push for federal scorecards, HHS-driven data standards, and a federally managed online platform is exactly the kind of centralization those scholars have historically opposed when it came from Democratic administrations [25]. Whether conservative members of Congress press those same objections against a Republican First Lady's initiative will be one of the campaign's clearest tests.

The cost question Congress has not answered

The executive order itself adds no new federal spending, and H.R. 6221's $50 million-per-year authorization is modest by federal standards [4][13]. But the Chafee modernization package, if enacted in full, would expand eligibility for existing grants, strengthen coordination with HUD housing vouchers, and widen allowable uses of Education and Training Vouchers — all of which are likely to increase outlays or require offsets [3][14]. No Congressional Budget Office score has yet been published for the full package, and committee staff have not publicly identified which existing programs, if any, would be trimmed to absorb the costs. Because Chafee, Title IV-E, and FFPSA prevention services all draw from overlapping federal pots, expansions in one area can put implicit pressure on others [6][7][14].

That is the piece missing from the April 15 roundtable. The First Lady framed her appeal in moral terms — a "birthright" of stable adulthood for children the state has taken responsibility for [1][2]. Lawmakers nodded. But the history of federal foster care law is not primarily a story of moral framing; it is a story of match rates, eligibility definitions, and state-federal bargains over money and authority. The executive order gave the First Lady a platform. Whether it becomes durable law will depend on whether the House and Senate can agree on the parts she did not name on Capitol Hill: the offsets, the jurisdictional limits, and the metrics by which a future administration will be judged for implementing — or not implementing — what her husband signed.