[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 867 Enrolled Bill (ENR)]
H.R.867
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To promote the adoption of children in foster care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

43146e1750e0f346a913ca400c7f18390a6aca0fdc8a97c9ed89a813a2872f03

(a) Short Title.--This Act may be cited as the ``Adoption and Safe
Families Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

b90f8b579a0ad581261cfae96cc0e31851be8870569086e0c31e5d606ac56368

ca0169fdc159c441b398514b5ef19c4f3b896e866590041cb7eb48c08e62e6f1

0eb31f675742cb8ed87cb050163a349807a4e69991c1428f334b7108d736ab23

TITLE I

-REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND

parental rights for certain children in foster care.

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ac7a9bd88779450194a8a701736d4ad234423b393ed105a965578fe47b24948e

4e9d3ac38ebf286b977abacbaef3816d88497c9a2df9360907e842be8903f078

d50bac71024c9a4513715dbabf5f89c3bcb641534b1fb61ed01b4af5165748e7

09406645eb7bd6d174661981689acdab06c6db0577b5944b1150ad4181b314e6

TITLE III

-ADDITIONAL IMPROVEMENTS AND REFORMS

605b26aaecbf40228e7a993e853022d2fc18d0887edc70d217d397033a484466

on behalf of children with special needs whose initial
adoption has been dissolved.

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f061f23df85bb87306252f0863c8555dec2193214b6113c89a73c77cbd94dcb5

9e08e1da230c7f84623cb3855f370168b199371413e8ba6790a2b6ada774b62e

TITLE IV

-MISCELLANEOUS

TITLE V

-EFFECTIVE DATE

(a) In General.--Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended to read as follows:
``(15) provides that--
``(A) in determining reasonable efforts to be made with
respect to a child, as described in this paragraph, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern;
``(B) except as provided in subparagraph (D), reasonable
efforts shall be made to preserve and reunify families--
``(i) prior to the placement of a child in foster care,
to prevent or eliminate the need for removing the child
from the child's home; and
``(ii) to make it possible for a child to safely return
to the child's home;
``(C) if continuation of reasonable efforts of the type
described in subparagraph (B) is determined to be inconsistent
with the permanency plan for the child, reasonable efforts
shall be made to place the child in a timely manner in
accordance with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent placement of the
child;
``(D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made with respect
to a parent of a child if a court of competent jurisdiction has
determined that--
``(i) the parent has subjected the child to aggravated
circumstances (as defined in State law, which definition
may include but need not be limited to abandonment,
torture, chronic abuse, and sexual abuse);
``(ii) the parent has--
``(I) committed murder (which would have been an
offense under section 1111(a) of title 18, United
States Code, if the offense had occurred in the special
maritime or territorial jurisdiction of the United
States) of another child of the parent;
``(II) committed voluntary manslaughter (which
would have been an offense under section 1112(a) of
title 18, United States Code, if the offense had
occurred in the special maritime or territorial
jurisdiction of the United States) of another child of
the parent;
``(III) aided or abetted, attempted, conspired, or
solicited to commit such a murder or such a voluntary
manslaughter; or
``(IV) committed a felony assault that results in
serious bodily injury to the child or another child of
the parent; or
``(iii) the parental rights of the parent to a sibling
have been terminated involuntarily;
``(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as a
result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)--
``(i) a permanency hearing (as described in section
475(5)(C)) shall be held for the child within 30 days after
the determination; and
``(ii) reasonable efforts shall be made to place the
child in a timely manner in accordance with the permanency
plan, and to complete whatever steps are necessary to
finalize the permanent placement of the child; and
``(F) reasonable efforts to place a child for adoption or
with a legal guardian may be made concurrently with reasonable
efforts of the type described in subparagraph (B);''.
(b) Definition of Legal Guardianship.--Section 475 of such Act (42
U.S.C. 675) is amended by adding at the end the following:
``(7) The term `legal guardianship' means a judicially created
relationship between child and caretaker which is intended to be
permanent and self-sustaining as evidenced by the transfer to the
caretaker of the following parental rights with respect to the
child: protection, education, care and control of the person,
custody of the person, and decisionmaking. The term `legal
guardian' means the caretaker in such a relationship.''.
(c) Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C.
672(a)(1)) is amended by inserting ``for a child'' before ``have been
made''.
(d) Rule of Construction.--Part E of title IV of such Act (42
U.S.C. 670-679) is amended by inserting after section 477 the
following:
``SEC. 478. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as precluding State
courts from exercising their discretion to protect the health and
safety of children in individual cases, including cases other than
those described in section 471(a)(15)(D).''.

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REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended--
(1) in section 422(b)(10)(B)--
(A) in clause (iii)(I), by inserting ``safe and'' after
``where''; and
(B) in clause (iv), by inserting ``safely'' after
``remain''; and
(2) in section 475--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safety and''
after ``discussion of the''; and
(ii) in subparagraph (B)--
(I) by inserting ``safe and'' after ``child
receives''; and
(II) by inserting ``safe'' after ``return of the
child to his own''; and
(B) in paragraph (5)--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``a safe setting that is'' after
``placement in''; and
(ii) in subparagraph (B)--
(I) by inserting ``the safety of the child,'' after
``determine''; and
(II) by inserting ``and safely maintained in''
after ``returned to''.

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PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) Requirement for Proceedings.--Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of a child who has been in foster care
under the responsibility of the State for 15 of the most recent
22 months, or, if a court of competent jurisdiction has
determined a child to be an abandoned infant (as defined under
State law) or has made a determination that the parent has
committed murder of another child of the parent, committed
voluntary manslaughter of another child of the parent, aided or
abetted, attempted, conspired, or solicited to commit such a
murder or such a voluntary manslaughter, or committed a felony
assault that has resulted in serious bodily injury to the child
or to another child of the parent, the State shall file a
petition to terminate the parental rights of the child's
parents (or, if such a petition has been filed by another
party, seek to be joined as a party to the petition), and,
concurrently, to identify, recruit, process, and approve a
qualified family for an adoption, unless--
``(i) at the option of the State, the child is being
cared for by a relative;
``(ii) a State agency has documented in the case plan
(which shall be available for court review) a compelling
reason for determining that filing such a petition would
not be in the best interests of the child; or
``(iii) the State has not provided to the family of the
child, consistent with the time period in the State case
plan, such services as the State deems necessary for the
safe return of the child to the child's home, if reasonable
efforts of the type described in section 471(a)(15)(B)(ii)
are required to be made with respect to the child.''.
(b) Determination of Beginning of Foster Care.--Section 475(5) of
the Social Security Act (42 U.S.C. 675(5)), as amended by subsection
(a), is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) a child shall be considered to have entered foster
care on the earlier of--
``(i) the date of the first judicial finding that the
child has been subjected to child abuse or neglect; or
``(ii) the date that is 60 days after the date on which
the child is removed from the home.''.
(c) Transition Rules.--
(1) New foster children.--In the case of a child who enters
foster care (within the meaning of section 475(5)(F) of the Social
Security Act) under the responsibility of a State after the date of
the enactment of this Act--
(A) if the State comes into compliance with the amendments
made by subsection (a) of this section before the child has
been in such foster care for 15 of the most recent 22 months,
the State shall comply with section 475(5)(E) of the Social
Security Act with respect to the child when the child has been
in such foster care for 15 of the most recent 22 months; and
(B) if the State comes into such compliance after the child
has been in such foster care for 15 of the most recent 22
months, the State shall comply with such section 475(5)(E) with
respect to the child not later than 3 months after the end of
the first regular session of the State legislature that begins
after such date of enactment.
(2) Current foster children.--In the case of children in foster
care under the responsibility of the State on the date of the
enactment of this Act, the State shall--
(A) not later than 6 months after the end of the first
regular session of the State legislature that begins after such
date of enactment, comply with section 475(5)(E) of the Social
Security Act with respect to not less than \1/3\ of such
children as the State shall select, giving priority to children
for whom the permanency plan (within the meaning of part E of
title IV of the Social Security Act) is adoption and children
who have been in foster care for the greatest length of time;
(B) not later than 12 months after the end of such first
regular session, comply with such section 475(5)(E) with
respect to not less than \2/3\ of such children as the State
shall select; and
(C) not later than 18 months after the end of such first
regular session, comply with such section 475(5)(E) with
respect to all of such children.
(3) Treatment of 2-year legislative sessions.--For purposes of
this subsection, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(4) Requirements treated as state plan requirements.--For
purposes of part E of title IV of the Social Security Act, the
requirements of this subsection shall be treated as State plan
requirements imposed by section 471(a) of such Act.
(d) Rule of Construction.--Nothing in this section or in part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.), as amended
by this Act, shall be construed as precluding State courts or State
agencies from initiating the termination of parental rights for reasons
other than, or for timelines earlier than, those specified in part E of
title IV of such Act, when such actions are determined to be in the
best interests of the child, including cases where the child has
experienced multiple foster care placements of varying durations.

0c594ef139c774234987507e2c8b71cf5d468e623204d44d4630c4b1e15237d5

Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as
amended by section 103, is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) the foster parents (if any) of a child and any
preadoptive parent or relative providing care for the child are
provided with notice of, and an opportunity to be heard in, any
review or hearing to be held with respect to the child, except
that this subparagraph shall not be construed to require that
any foster parent, preadoptive parent, or relative providing
care for the child be made a party to such a review or hearing
solely on the basis of such notice and opportunity to be
heard.''.

50adf94cbb0561ce289f503666387290d827cd42696c6b97eea4f1b6db3cd378

SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by inserting
``or making or enforcing child custody or visitation orders,''
after ``obligations,''; and
(B) in subparagraph (A)--
(i) by striking ``or'' at the end of clause (ii);
(ii) by striking the comma at the end of clause (iii)
and inserting ``; or''; and
(iii) by inserting after clause (iii) the following:
``(iv) who has or may have parental rights with respect
to a child,''; and
(2) in subsection (c)--
(A) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(B) by adding at the end the following:
``(4) a State agency that is administering a program operated
under a State plan under subpart 1 of part B, or a State plan
approved under subpart 2 of part B or under part E.''.

4585a13bed1e34428b6ae81de62de638fe4e123fd8083bde12b63213069d1a19

PARENTS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20)(A) unless an election provided for in subparagraph (B)
is made with respect to the State, provides procedures for criminal
records checks for any prospective foster or adoptive parent before
the foster or adoptive parent may be finally approved for placement
of a child on whose behalf foster care maintenance payments or
adoption assistance payments are to be made under the State plan
under this part, including procedures requiring that--
``(i) in any case in which a record check reveals a felony
conviction for child abuse or neglect, for spousal abuse, for a
crime against children (including child pornography), or for a
crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault or battery,
if a State finds that a court of competent jurisdiction has
determined that the felony was committed at any time, such
final approval shall not be granted; and
``(ii) in any case in which a record check reveals a felony
conviction for physical assault, battery, or a drug-related
offense, if a State finds that a court of competent
jurisdiction has determined that the felony was committed
within the past 5 years, such final approval shall not be
granted; and
``(B) subparagraph (A) shall not apply to a State plan if the
Governor of the State has notified the Secretary in writing that
the State has elected to make subparagraph (A) inapplicable to the
State, or if the State legislature, by law, has elected to make
subparagraph (A) inapplicable to the State.''.

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PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended--
(1) in the last sentence--
(A) by striking ``the case plan must also include''; and
(B) by redesignating such sentence as subparagraph (D) and
indenting appropriately; and
(2) by adding at the end the following:
``(E) In the case of a child with respect to whom the
permanency plan is adoption or placement in another permanent
home, documentation of the steps the agency is taking to find
an adoptive family or other permanent living arrangement for
the child, to place the child with an adoptive family, a fit
and willing relative, a legal guardian, or in another planned
permanent living arrangement, and to finalize the adoption or
legal guardianship. At a minimum, such documentation shall
include child specific recruitment efforts such as the use of
State, regional, and national adoption exchanges including
electronic exchange systems.''.

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(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670-679) is amended by inserting after section 473 the
following:
``SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
``(a) Grant Authority.--Subject to the availability of such amounts
as may be provided in advance in appropriations Acts for this purpose,
the Secretary shall make a grant to each State that is an incentive-
eligible State for a fiscal year in an amount equal to the adoption
incentive payment payable to the State under this section for the
fiscal year, which shall be payable in the immediately succeeding
fiscal year.
``(b) Incentive-Eligible State.--A State is an incentive-eligible
State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the number of foster child adoptions in the State during
the fiscal year exceeds the base number of foster child adoptions
for the State for the fiscal year;
``(3) the State is in compliance with subsection (c) for the
fiscal year;
``(4) in the case of fiscal years 2001 and 2002, the State
provides health insurance coverage to any child with special needs
(as determined under section 473(c)) for whom there is in effect an
adoption assistance agreement between a State and an adoptive
parent or parents; and
``(5) the fiscal year is any of fiscal years 1998 through 2002.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2)--
``(A) for fiscal years 1995 through 1997 (or, if the first
fiscal year for which the State seeks a grant under this
section is after fiscal year 1998, the fiscal year that
precedes such first fiscal year); and
``(B) for each succeeding fiscal year that precedes the
fiscal year.
``(2) Determination of numbers of adoptions.--
``(A) Determinations based on afcars data.--Except as
provided in subparagraph (B), the Secretary shall determine the
numbers of foster child adoptions and of special needs
adoptions in a State during each of fiscal years 1995 through
2002, for purposes of this section, on the basis of data
meeting the requirements of the system established pursuant to
section 479, as reported by the State and approved by the
Secretary by August 1 of the succeeding fiscal year.
``(B) Alternative data sources permitted for fiscal years
1995 through 1997.--For purposes of the determination described
in subparagraph (A) for fiscal years 1995 through 1997, the
Secretary may use data from a source or sources other than that
specified in subparagraph (A) that the Secretary finds to be of
equivalent completeness and reliability, as reported by a State
by November 30, 1997, and approved by the Secretary by March 1,
1998.
``(3) No waiver of afcars requirements.--This section shall not
be construed to alter or affect any requirement of section 479 or
of any regulation prescribed under such section with respect to
reporting of data by States, or to waive any penalty for failure to
comply with such a requirement.
``(d) Adoption Incentive Payment.--
``(1) In general.--Except as provided in paragraph (2), the
adoption incentive payment payable to a State for a fiscal year
under this section shall be equal to the sum of--
``(A) $4,000, multiplied by the amount (if any) by which
the number of foster child adoptions in the State during the
fiscal year exceeds the base number of foster child adoptions
for the State for the fiscal year; and
``(B) $2,000, multiplied by the amount (if any) by which
the number of special needs adoptions in the State during the
fiscal year exceeds the base number of special needs adoptions
for the State for the fiscal year.
``(2) Pro rata adjustment if insufficient funds available.--For
any fiscal year, if the total amount of adoption incentive payments
otherwise payable under this section for a fiscal year exceeds the
amount appropriated pursuant to subsection (h) for the fiscal year,
the amount of the adoption incentive payment payable to each State
under this section for the fiscal year shall be--
``(A) the amount of the adoption incentive payment that
would otherwise be payable to the State under this section for
the fiscal year; multiplied by
``(B) the percentage represented by the amount so
appropriated for the fiscal year, divided by the total amount
of adoption incentive payments otherwise payable under this
section for the fiscal year.
``(e) 2-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for
use by the State through the end of the succeeding fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under sections 423, 434, and 474.
``(g) Definitions.--As used in this section:
``(1) Foster child adoption.--The term `foster child adoption'
means the final adoption of a child who, at the time of adoptive
placement, was in foster care under the supervision of the State.
``(2) Special needs adoption.--The term `special needs
adoption' means the final adoption of a child for whom an adoption
assistance agreement is in effect under section 473.
``(3) Base number of foster child adoptions.--The term `base
number of foster child adoptions for a State' means--
``(A) with respect to fiscal year 1998, the average number
of foster child adoptions in the State in fiscal years 1995,
1996, and 1997; and
``(B) with respect to any subsequent fiscal year, the
number of foster child adoptions in the State in the fiscal
year for which the number is the greatest in the period that
begins with fiscal year 1997 and ends with the fiscal year
preceding such subsequent fiscal year.
``(4) Base number of special needs adoptions.--The term `base
number of special needs adoptions for a State' means--
``(A) with respect to fiscal year 1998, the average number
of special needs adoptions in the State in fiscal years 1995,
1996, and 1997; and
``(B) with respect to any subsequent fiscal year, the
number of special needs adoptions in the State in the fiscal
year for which the number is the greatest in the period that
begins with fiscal year 1997 and ends with the fiscal year
preceding such subsequent fiscal year.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under subsection (a), there are
authorized to be appropriated to the Secretary $20,000,000 for each
of fiscal years 1999 through 2003.
``(2) Availability.--Amounts appropriated under paragraph (1)
are authorized to remain available until expended, but not after
fiscal year 2003.
``(i) Technical Assistance.--
``(1) In general.--The Secretary may, directly or through
grants or contracts, provide technical assistance to assist States
and local communities to reach their targets for increased numbers
of adoptions and, to the extent that adoption is not possible,
alternative permanent placements, for children in foster care.
``(2) Description of the character of the technical
assistance.--The technical assistance provided under paragraph (1)
may support the goal of encouraging more adoptions out of the
foster care system, when adoptions promote the best interests of
children, and may include the following:
``(A) The development of best practice guidelines for
expediting termination of parental rights.
``(B) Models to encourage the use of concurrent planning.
``(C) The development of specialized units and expertise in
moving children toward adoption as a permanency goal.
``(D) The development of risk assessment tools to
facilitate early identification of the children who will be at
risk of harm if returned home.
``(E) Models to encourage the fast tracking of children who
have not attained 1 year of age into pre-adoptive placements.
``(F) Development of programs that place children into pre-
adoptive families without waiting for termination of parental
rights.
``(3) Targeting of technical assistance to the courts.--Not
less than 50 percent of any amount appropriated pursuant to
paragraph (4) shall be used to provide technical assistance to the
courts.
``(4) Limitations on authorization of appropriations.--To carry
out this subsection, there are authorized to be appropriated to the
Secretary of Health and Human Services not to exceed $10,000,000
for each of fiscal years 1998 through 2000.''.
(b) Discretionary Cap Adjustment for Adoption Incentive Payments.--
(1) Section 251 amendment.--Section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)), as amended by section 10203(a)(4) of the Balanced
Budget Act of 1997, is amended by adding at the end the following
new subparagraph:
``(G) Adoption incentive payments.--Whenever a bill or
joint resolution making appropriations for fiscal year 1999,
2000, 2001, 2002, or 2003 is enacted that specifies an amount
for adoption incentive payments pursuant to this part for the
Department of Health and Human Services--
``(i) the adjustments for new budget authority shall be
the amounts of new budget authority provided in that
measure for adoption incentive payments, but not to exceed
$20,000,000; and
``(ii) the adjustment for outlays shall be the
additional outlays flowing from such amount.''.
(2) Section 314 amendment.--Section 314(b) of the Congressional
Budget Act of 1974, as amended by section 10114(a) of the Balanced
Budget Act of 1997, is amended--
(A) by striking ``or'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; or''; and
(C) by adding at the end the following:
``(6) in the case of an amount for adoption incentive payments
(as defined in section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985) for fiscal year 1999, 2000,
2001, 2002, or 2003 for the Department of Health and Human
Services, an amount not to exceed $20,000,000.''.

932ec056c2a81e1b6c1ab2e7d363155692bc66f4a29a541516521ac497cbb0d6

TITLE II

-INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

(a) State Plan for Child Welfare Services Requirement.--Section
422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(12) contain assurances that the State shall develop plans
for the effective use of cross-jurisdictional resources to
facilitate timely adoptive or permanent placements for waiting
children.''.
(b) Condition of Assistance.--Section 474 of such Act (42 U.S.C.
674) is amended by adding at the end the following:
``(e) Notwithstanding subsection (a), a State shall not be eligible
for any payment under this section if the Secretary finds that, after
the date of the enactment of this subsection, the State has--
``(1) denied or delayed the placement of a child for adoption
when an approved family is available outside of the jurisdiction
with responsibility for handling the case of the child; or
``(2) failed to grant an opportunity for a fair hearing, as
described in section 471(a)(12), to an individual whose allegation
of a violation of paragraph (1) of this subsection is denied by the
State or not acted upon by the State with reasonable promptness.''.
(c) Study of Interjurisdictional Adoption Issues.--
(1) In general.--The Comptroller General of the United States
shall--
(A) study and consider how to improve procedures and
policies to facilitate the timely and permanent adoptions of
children across State and county jurisdictions; and
(B) examine, at a minimum, interjurisdictional adoption
issues--
(i) concerning the recruitment of prospective adoptive
families from other States and counties;
(ii) concerning the procedures to grant reciprocity to
prospective adoptive family home studies from other States
and counties;
(iii) arising from a review of the comity and full
faith and credit provided to adoption decrees and
termination of parental rights orders from other States;
and
(iv) concerning the procedures related to the
administration and implementation of the Interstate Compact
on the Placement of Children.
(2) Report to the congress.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General shall
submit to the appropriate committees of the Congress a report that
includes--
(A) the results of the study conducted under paragraph (1);
and
(B) recommendations on how to improve procedures to
facilitate the interjurisdictional adoption of children,
including interstate and intercounty adoptions, so that
children will be assured timely and permanent placements.

97367e10424b2495ef3f11278e8bfb91467fa69607d025d1f6ddac455f092a53

(a) Annual Report on State Performance.--Part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the
end the following:
``SEC. 479A. ANNUAL REPORT.
``The Secretary, in consultation with Governors, State
legislatures, State and local public officials responsible for
administering child welfare programs, and child welfare advocates,
shall--
``(1) develop a set of outcome measures (including length of
stay in foster care, number of foster care placements, and number
of adoptions) that can be used to assess the performance of States
in operating child protection and child welfare programs pursuant
to parts B and E to ensure the safety of children;
``(2) to the maximum extent possible, the outcome measures
should be developed from data available from the Adoption and
Foster Care Analysis and Reporting System;
``(3) develop a system for rating the performance of States
with respect to the outcome measures, and provide to the States an
explanation of the rating system and how scores are determined
under the rating system;
``(4) prescribe such regulations as may be necessary to ensure
that States provide to the Secretary the data necessary to
determine State performance with respect to each outcome measure,
as a condition of the State receiving funds under this part; and
``(5) on May 1, 1999, and annually thereafter, prepare and
submit to the Congress a report on the performance of each State on
each outcome measure, which shall examine the reasons for high
performance and low performance and, where possible, make
recommendations as to how State performance could be improved.''.
(b) Development of Performance-Based Incentive System.--The
Secretary of Health and Human Services, in consultation with State and
local public officials responsible for administering child welfare
programs and child welfare advocates, shall study, develop, and
recommend to Congress an incentive system to provide payments under
parts B and E of title IV of the Social Security Act (42 U.S.C. 620 et
seq., 670 et seq.) to any State based on the State's performance under
such a system. Such a system shall, to the extent the Secretary
determines feasible and appropriate, be based on the annual report
required by section 479A of the Social Security Act (as added by
subsection (a) of this section) or on any proposed modifications of the
annual report. Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a progress report on the feasibility, timetable, and
consultation process for conducting such a study. Not later than 15
months after such date of enactment, the Secretary shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the final report on a performance-
based incentive system. The report may include other recommendations
for restructuring the program and payments under parts B and E of title
IV of the Social Security Act.

073493a65678dbe079f1a408007802afc8711c1f2165f0a1bbaa2ab5f061005f

(a) In General.--Section 1130(a) of the Social Security Act (42
U.S.C. 1320a-9) is amended to read as follows:
``(a) Authority To Approve Demonstration Projects.--
``(1) In general.--The Secretary may authorize States to
conduct demonstration projects pursuant to this section which the
Secretary finds are likely to promote the objectives of part B or E
of title IV.
``(2) Limitation.--The Secretary may authorize not more than 10
demonstration projects under paragraph (1) in each of fiscal years
1998 through 2002.
``(3) Certain types of proposals required to be considered.--
``(A) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address barriers that
result in delays to adoptive placements for children in foster
care.
``(B) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address parental
substance abuse problems that endanger children and result in
the placement of children in foster care, including through the
placement of children with their parents in residential
treatment facilities (including residential treatment
facilities for post-partum depression) that are specifically
designed to serve parents and children together in order to
promote family reunification and that can ensure the health and
safety of the children in such placements.
``(C) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to address kinship care.
``(4) Limitation on eligibility.--The Secretary may not
authorize a State to conduct a demonstration project under this
section if the State fails to provide health insurance coverage to
any child with special needs (as determined under section 473(c))
for whom there is in effect an adoption assistance agreement
between a State and an adoptive parent or parents.
``(5) Requirement to consider effect of project on terms and
conditions of certain court orders.--In considering an application
to conduct a demonstration project under this section that has been
submitted by a State in which there is in effect a court order
determining that the State's child welfare program has failed to
comply with the provisions of part B or E of title IV, or with the
Constitution of the United States, the Secretary shall take into
consideration the effect of approving the proposed project on the
terms and conditions of the court order related to the failure to
comply.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed as affecting the terms and conditions
of any demonstration project approved under section 1130 of the Social
Security Act (42 U.S.C. 1320a-9) before the date of the enactment of
this Act.
(c) Authority To Extend Duration of Demonstrations.--Section
1130(d) of such Act (42 U.S.C. 1320a-9(d)) is amended by inserting ``,
unless in the judgment of the Secretary, the demonstration project
should be allowed to continue'' before the period.

30968963c26d37935a83381b453cd3a008fd93c2bd14b4e65766891a0a8c4f06

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended--
(1) by striking ``dispositional'' and inserting ``permanency'';
(2) by striking ``eighteen'' and inserting ``12'';
(3) by striking ``original placement'' and inserting ``date the
child is considered to have entered foster care (as determined
under subparagraph (F))''; and
(4) by striking ``future status of'' and all that follows
through ``long term basis)'' and inserting ``permanency plan for
the child that includes whether, and if applicable when, the child
will be returned to the parent, placed for adoption and the State
will file a petition for termination of parental rights, or
referred for legal guardianship, or (in cases where the State
agency has documented to the State court a compelling reason for
determining that it would not be in the best interests of the child
to return home, be referred for termination of parental rights, or
be placed for adoption, with a fit and willing relative, or with a
legal guardian) placed in another planned permanent living
arrangement''.

e965e1c4e5bf5bb6252158f0e0d9ed07290cab6270074bbede9606824e3d2ae9

(a) Report.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than June 1, 1998, convene the advisory panel
provided for in subsection (b)(1) and prepare and submit to the
advisory panel an initial report on the extent to which
children in foster care are placed in the care of a relative
(in this section referred to as ``kinship care''); and
(B) not later than June 1, 1999, submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a final report on the matter
described in subparagraph (A), which shall--
(i) be based on the comments submitted by the advisory
panel pursuant to subsection (b)(2) and other information
and considerations; and
(ii) include the policy recommendations of the
Secretary with respect to the matter.
(2) Required contents.--Each report required by paragraph (1)
shall--
(A) include, to the extent available for each State,
information on--
(i) the policy of the State regarding kinship care;
(ii) the characteristics of the kinship care providers
(including age, income, ethnicity, and race, and the
relationship of the kinship care providers to the
children);
(iii) the characteristics of the household of such
providers (such as number of other persons in the household
and family composition);
(iv) how much access to the child is afforded to the
parent from whom the child has been removed;
(v) the cost of, and source of funds for, kinship care
(including any subsidies such as medicaid and cash
assistance);
(vi) the permanency plan for the child and the actions
being taken by the State to achieve the plan;
(vii) the services being provided to the parent from
whom the child has been removed; and
(viii) the services being provided to the kinship care
provider; and
(B) specifically note the circumstances or conditions under
which children enter kinship care.
(b) Advisory Panel.--
(1) Establishment.--The Secretary of Health and Human Services,
in consultation with the Chairman of the Committee on Ways and
Means of the House of Representatives and the Chairman of the
Committee on Finance of the Senate, shall convene an advisory panel
which shall include parents, foster parents, relative caregivers,
former foster children, State and local public officials
responsible for administering child welfare programs, private
persons involved in the delivery of child welfare services,
representatives of tribal governments and tribal courts, judges,
and academic experts.
(2) Duties.--The advisory panel convened pursuant to paragraph
(1) shall review the report prepared pursuant to subsection (a),
and, not later than October 1, 1998, submit to the Secretary
comments on the report.

26fb603c462ea32a26e17eb8b2f812829e62c0c3aacbabe4f12bd2c7440cde0e

SERVICES.
Section 477(a)(2)(A) of the Social Security Act (42 U.S.C.
677(a)(2)(A)) is amended by inserting ``(including children with
respect to whom such payments are no longer being made because the
child has accumulated assets, not to exceed $5,000, which are otherwise
regarded as resources for purposes of determining eligibility for
benefits under this part)'' before the comma.

474dcdc33e6b001a303e6ac2c397114548b9ec805257a7681a0e3e42aaa7f582

SUPPORT SERVICES.
(a) Reauthorization of Family Preservation and Support Services.--
(1) In general.--Section 430(b) of the Social Security Act (42
U.S.C. 629(b)) is amended--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(6) for fiscal year 1999, $275,000,000;
``(7) for fiscal year 2000, $295,000,000; and
``(8) for fiscal year 2001, $305,000,000.''.
(2) Continuation of reservation of certain amounts.--Paragraphs
(1) and (2) of section 430(d) of the Social Security Act (42 U.S.C.
629(d)(1) and (2)) are each amended by striking ``and 1998'' and
inserting ``1998, 1999, 2000, and 2001''.
(3) Conforming amendments.--Section 13712 of the Omnibus Budget
Reconciliation Act of 1993 (42 U.S.C. 670 note) is amended--
(A) in subsection (c), by striking ``1998'' each place it
appears and inserting ``2001''; and
(B) in subsection (d)(2), by striking ``and 1998'' and
inserting ``1998, 1999, 2000, and 2001''.
(b) Expansion for Time-Limited Family Reunification Services and
Adoption Promotion and Support Services.--
(1) Additions to state plan.--Section 432 of the Social
Security Act (42 U.S.C. 629b) is amended--
(A) in subsection (a)--
(i) in paragraph (4), by striking ``and community-based
family support services'' and inserting ``, community-based
family support services, time-limited family reunification
services, and adoption promotion and support services,'';
and
(ii) in paragraph (5)(A), by striking ``and community-
based family support services'' and inserting ``,
community-based family support services, time-limited
family reunification services, and adoption promotion and
support services''; and
(B) in subsection (b)(1), by striking ``and family
support'' and inserting ``, family support, time-limited family
reunification, and adoption promotion and support''.
(2) Definitions of time-limited family reunification services
and adoption promotion and support services.--Section 431(a) of the
Social Security Act (42 U.S.C. 629a(a)) is amended by adding at the
end the following:
``(7) Time-limited family reunification services.--
``(A) In general.--The term `time-limited family
reunification services' means the services and activities
described in subparagraph (B) that are provided to a child that
is removed from the child's home and placed in a foster family
home or a child care institution and to the parents or primary
caregiver of such a child, in order to facilitate the
reunification of the child safely and appropriately within a
timely fashion, but only during the 15-month period that begins
on the date that the child, pursuant to section 475(5)(F), is
considered to have entered foster care.
``(B) Services and activities described.--The services and
activities described in this subparagraph are the following:
``(i) Individual, group, and family counseling.
``(ii) Inpatient, residential, or outpatient substance
abuse treatment services.
``(iii) Mental health services.
``(iv) Assistance to address domestic violence.
``(v) Services designed to provide temporary child care
and therapeutic services for families, including crisis
nurseries.
``(vi) Transportation to or from any of the services
and activities described in this subparagraph.
``(8) Adoption promotion and support services.--The term
`adoption promotion and support services' means services and
activities designed to encourage more adoptions out of the foster
care system, when adoptions promote the best interests of children,
including such activities as pre- and post-adoptive services and
activities designed to expedite the adoption process and support
adoptive families.''.
(3) Additional conforming amendments.--
(A) Purposes.--Section 430(a) of the Social Security Act
(42 U.S.C. 629(a)) is amended by striking ``and community-based
family support services'' and inserting ``, community-based
family support services, time-limited family reunification
services, and adoption promotion and support services''.
(B) Program title.--The heading of subpart 2 of part B of
title IV of the Social Security Act (42 U.S.C. 629 et seq.) is
amended to read as follows:
``Subpart 2--Promoting Safe and Stable Families''.
(c) Emphasizing the Safety of the Child.--
(1) Requiring assurances that the safety of children shall be
of paramount concern.--Section 432(a) of the Social Security Act
(42 U.S.C. 629b(a)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8); and
(C) by adding at the end the following:
``(9) contains assurances that in administering and conducting
service programs under the plan, the safety of the children to be
served shall be of paramount concern.''.
(2) Definitions of family preservation and family support
services.--Section 431(a) of the Social Security Act (42 U.S.C.
629a(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safe and''
before ``appropriate'' each place it appears; and
(ii) in subparagraph (B), by inserting ``safely'' after
``remain''; and
(B) in paragraph (2)--
(i) by inserting ``safety and'' before ``well-being'';
and
(ii) by striking ``stable'' and inserting ``safe,
stable,''.
(d) Clarification of Maintenance of Effort Requirement.--
(1) Definition of non-federal funds.--Section 431(a) of the
Social Security Act (42 U.S.C. 629a(a)), as amended by subsection
(b)(2), is amended by adding at the end the following:
``(9) Non-federal funds.--The term `non-Federal funds' means
State funds, or at the option of a State, State and local funds.''.
(2) Effective date.--The amendment made by paragraph (1) takes
effect as if included in the enactment of section 13711 of the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-33; 107
Stat. 649).

c9fd9a45adda5d7680922d8c9783d4d9858dc26e8ca1b03cd66000613e035085

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 106, is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(21) provides for health insurance coverage (including, at
State option, through the program under the State plan approved
under title XIX) for any child who has been determined to be a
child with special needs, for whom there is in effect an adoption
assistance agreement (other than an agreement under this part)
between the State and an adoptive parent or parents, and who the
State has determined cannot be placed with an adoptive parent or
parents without medical assistance because such child has special
needs for medical, mental health, or rehabilitative care, and that
with respect to the provision of such health insurance coverage--
``(A) such coverage may be provided through 1 or more State
medical assistance programs;
``(B) the State, in providing such coverage, shall ensure
that the medical benefits, including mental health benefits,
provided are of the same type and kind as those that would be
provided for children by the State under title XIX;
``(C) in the event that the State provides such coverage
through a State medical assistance program other than the
program under title XIX, and the State exceeds its funding for
services under such other program, any such child shall be
deemed to be receiving aid or assistance under the State plan
under this part for purposes of section 1902(a)(10)(A)(i)(I);
and
``(D) in determining cost-sharing requirements, the State
shall take into consideration the circumstances of the adopting
parent or parents and the needs of the child being adopted
consistent, to the extent coverage is provided through a State
medical assistance program, with the rules under such
program.''.

61c5f42bd255b5101cc76e77094c4b534e9207dde5a35a9fbfbb1336acc758b0

ON BEHALF OF CHILDREN WITH SPECIAL NEEDS WHOSE INITIAL
ADOPTION HAS BEEN DISSOLVED.
(a) Continuation of Eligibility.--Section 473(a)(2) of the Social
Security Act (42 U.S.C. 673(a)(2)) is amended by adding at the end the
following: ``Any child who meets the requirements of subparagraph (C),
who was determined eligible for adoption assistance payments under this
part with respect to a prior adoption, who is available for adoption
because the prior adoption has been dissolved and the parental rights
of the adoptive parents have been terminated or because the child's
adoptive parents have died, and who fails to meet the requirements of
subparagraphs (A) and (B) but would meet such requirements if the child
were treated as if the child were in the same financial and other
circumstances the child was in the last time the child was determined
eligible for adoption assistance payments under this part and the prior
adoption were treated as never having occurred, shall be treated as
meeting the requirements of this paragraph for purposes of paragraph
(1)(B)(ii).''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to children who are adopted on or after October 1, 1997.

4e1324fa990da659b78324d18d27d91cf16591d92fd0daaceda087b66c5a8137

FOSTER CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 106 and 306, is amended--
(1) in paragraph (20), by striking ``and'' at the end;
(2) in paragraph (21), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(22) provides that, not later than January 1, 1999, the State
shall develop and implement standards to ensure that children in
foster care placements in public or private agencies are provided
quality services that protect the safety and health of the
children.''.

88a32a7c5808499e2ef2505c6aead93070de06fd39463e956b66c5d21f22d1fa

Nothing in this Act is intended to disrupt the family unnecessarily
or to intrude inappropriately into family life, to prohibit the use of
reasonable methods of parental discipline, or to prescribe a particular
method of parenting.

ebf4f564f93efae286a8364f220f2b599fded80e6f759a1e292027a917ded568

Any information required to be reported under this Act shall be
supplied to the Secretary of Health and Human Services through data
meeting the requirements of the Adoption and Foster Care Analysis and
Reporting System established pursuant to section 479 of the Social
Security Act (42 U.S.C. 679), to the extent such data is available
under that system. The Secretary shall make such modifications to
regulations issued under section 479 of such Act with respect to the
Adoption and Foster Care Analysis and Reporting System as may be
necessary to allow States to obtain data that meets the requirements of
such system in order to satisfy the reporting requirements of this Act.

c812edcfd90150e0a0954ac84545ee3aaaa4dee872c5c5b1ea10d566ae5b06df

It is the sense of Congress that the States should have in effect
laws and procedures that permit any parent who is chronically ill or
near death, without surrendering parental rights, to designate a
standby guardian for the parent's minor children, whose authority would
take effect upon--
(1) the death of the parent;
(2) the mental incapacity of the parent; or
(3) the physical debilitation and consent of the parent.

8e8159d40b0ab8b2aaf9ad2096c7ff56b49cf68a248cee89de0fdc714ab25dc4

PROGRAMS.
(a) Reduction of Appropriation.--Section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)) is amended by inserting ``, reduced
by the sum of the dollar amounts specified in paragraph (6)(C)(ii)''
before the period.
(b) Increase in State Remittances.--Section 403(b)(6) of such Act
(42 U.S.C. 603(b)(6)) is amended by adding at the end the following:
``(C) Adjustment of state remittances.--
``(i) In general.--The amount otherwise required by
subparagraph (A) to be remitted by a State for a fiscal
year shall be increased by the lesser of--
``(I) the total adjustment for the fiscal year,
multiplied by the adjustment percentage for the State
for the fiscal year; or
``(II) the unadjusted net payment to the State for
the fiscal year.
``(ii) Total adjustment.--As used in clause (i), the
term `total adjustment' means--
``(I) in the case of fiscal year 1998, $2,000,000;
``(II) in the case of fiscal year 1999, $9,000,000;
``(III) in the case of fiscal year 2000,
$16,000,000; and
``(IV) in the case of fiscal year 2001,
$13,000,000.
``(iii) Adjustment percentage.--As used in clause (i),
the term `adjustment percentage' means, with respect to a
State and a fiscal year--
``(I) the unadjusted net payment to the State for
the fiscal year; divided by
``(II) the sum of the unadjusted net payments to
all States for the fiscal year.
``(iv) Unadjusted net payment.--As used in this
subparagraph, the term, `unadjusted net payment' means with
respect to a State and a fiscal year--
``(I) the total amount paid to the State under
paragraph (3) in the fiscal year; minus
``(II) the amount that, in the absence of this
subparagraph, would be required by subparagraph (A) or
by section 409(a)(10) to be remitted by the State in
respect of the payment.''.
(c) Recommendations for Improving the Operation of the Contingency
Fund.--Not later than March 1, 1998, the Secretary of Health and Human
Services shall make recommendations to the Congress for improving the
operation of the Contingency Fund for State Welfare Programs.

f9c73a0d56504d1ea3e15dd444fb729ff1e2b5cba8f8242dd713d349aef720ff

SERVICES.
Within 1 year after the date of the enactment of this Act, the
Secretary of Health and Human Services, based on information from the
Substance Abuse and Mental Health Services Administration and the
Administration for Children and Families in the Department of Health of
Human Services, shall prepare and submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a report which describes the extent and scope of the problem
of substance abuse in the child welfare population, the types of
services provided to such population, and the outcomes resulting from
the provision of such services to such population. The report shall
include recommendations for any legislation that may be needed to
improve coordination in providing such services to such population.

79a75ba59e21980aaa711b5efd0107e51dd7809ddc8e328abdb50aad2c49da59

(a) In General.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.

134978285dc974606d820a6a7a71570bf8870caef268a18632fadd148d0bc0e7

(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act take effect on the date of enactment of
this Act.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan under part B or E of title IV of the Social Security Act
which the Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds) in order
for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such part solely on the
basis of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

4ec90a48797ef90c9d979deadd2d05b9dcec3897320debc62b5232a0afc89352

Adoption Promotion bill — HR. 867

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE V

TITLE II

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