Title: Fatherhood Preservation Act of 2024

Purpose: To amend Title IV-D of the Social Security Act to restrict federal incentives from being used in a manner that incentivizes the exclusion of fathers from their children's lives in divorce cases.

Section 1. Short Title This Act may be cited as the "Fatherhood Preservation Act of 2024."

Section 2. Findings Congress finds that:

• The involvement of both parents, where possible, is crucial for the healthy development of children.
• Federal incentives under Title IV-D of the Social Security Act should not be used in a manner that disincentivizes a father's active participation in their children's lives.
• There is a need to ensure that Title IV-D funds are used to support the best interests of children, which often includes the involvement of both parents.

Section 3. Amendment to Title IV-D of the Social Security Act

(a) Restriction on Incentives in Certain Divorce Cases Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) is amended by adding the following new section:

• Sec. 469C. Restrictions on Incentives for Excluding Fathers in Divorce Cases.
  • (1) General Rule: No state shall be eligible for federal incentives under Title IV-D in any divorce case where the father is present and participating in or has petitioned to participate in the upbringing of his child unless the exclusion of the father is determined to be in the best interest of the child, as determined by clear and convincing evidence.
  • (2) Best Interest of the Child: For the purposes of this section, the "exclusion of the father is determined to be in the best interest of the child" shall be defined as a situation where the father's involvement would be detrimental to the child's safety, well-being, or emotional health.

(3) Enforcement: The Secretary of Health and Human Services shall develop regulations to enforce the provisions of this section, including penalties for states that fail to comply.

(4) Reporting: States shall be required to report annually on the number of cases in which federal incentives were granted or withheld under this section and the reasons for such actions.

Section 4. Funding The implementation of this Act shall be funded through existing appropriations under Title IV-D, with adjustments made to ensure that funds are allocated in a manner that prioritizes the best interest of children and the preservation of father-child relationships.

Section 5. Effective Date This Act shall take effect on the first day of the fiscal year following its enactment.