Witness Testimony of Hon. Larry Kissell, a Representative in Congress from the State of North Carolina
Chairman Michaud and Ranking Member Brown, thank you for your invitation to this hearing and allowing me to share with you the importance of H.R. 4465. As I am sure all Congressional members experience in their various states and districts, our constituents’ concerns come in a wide range of shapes and sizes. Some of these concerns require major legislation to address the issues, while others may require incremental changes to bring relief to those hurting the most.
As our nation’s socio-economic dynamic changes, we as a Congress must ensure we address the emerging needs of our veterans. This Committee does an outstanding job of identifying needs and providing legislation to honor those who served our nation. Today I present to you H.R. 4465. This bill provides assistance to the growing number of veterans who are accepting custody of additional dependents.
H.R. 4465 acknowledges the efforts of veterans who accept legal custody of a child that is not their own. This bill amends the current law so that the VA considers children placed in the legal custody of a veteran as dependents when determining if a veteran must pay a co-payment for medical treatment. Although not all veterans are required to pay co-payments, those that do receive additional consideration based on their household income and number of dependents. Dependent children are defined as biological, adopted, and step-children. The current law does not address veterans who voluntarily assume the parenting role for a child and receive full custody from the courts.
I am not sure of the number of veterans that are accepting these roles. When CBO scored the bill they reported only a few veterans would be affected and the bill would have an insignificant effect on spending pending appropriations. I became aware of the problem after Robert and Miriam Preiser approached me. The Preisers have been married for 13 years. Robert is 70 and Miriam is 79 years old. Between the two of them they have 10 children, 24 grandchildren, and 17 great-grandchildren. They are on a fixed income. Because of his 2 year tour in the Army about 60 years ago, Robert receives a great deal of his care through the Veterans Administration.
About five years ago a number of unfortunate events resulted in Child Protective Services assuming custody of two of the Preiser’s great grandchildren, a 5 year old boy and a 2.5 month old girl. I will not go into the details of the case, but ultimately CPS determined the parents were not fit to raise the children. The Preisers immediately stepped in and volunteered to become the children’s guardian. After about a year of court proceedings, the courts granted the Preisers full custody.
The Internal Revenue Services, the courts, the local school district, Child Protective Services, and other state and federal entities consider the children as dependents. The IRS allows the Preisers to claim the children as dependents due to the court documents they possess. If you choose to proceed with this bill and it eventually passes, it will ensure that the VA considers children in the legal custody of a veteran are considered as dependents when determining if the veteran must pay a co-payment for medical treatment.
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