[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3884 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3884

To amend part E of title IV of the Social Security Act to require, as a 
   condition of receiving Federal funds for foster care and adoption 
    assistance, that States require State agencies, in considering 
 applications to adopt certain foster children, to give preference to 
  applications of a foster parent or caretaker relative of the child.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1994

 Mrs. Maloney introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend part E of title IV of the Social Security Act to require, as a 
   condition of receiving Federal funds for foster care and adoption 
    assistance, that States require State agencies, in considering 
 applications to adopt certain foster children, to give preference to 
  applications of a foster parent or caretaker relative of the child.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE 
              AVAILABLE ONLY TO STATES THAT REQUIRE STATE AGENCIES, IN 
              CONSIDERING APPLICATIONS TO ADOPT CERTAIN FOSTER 
              CHILDREN, TO GIVE PREFERENCE TO APPLICATIONS OF A FOSTER 
              PARENT OR CARETAKER RELATIVE OF THE CHILD.

    Section 474 of the Social Security Act (42 U.S.C. 674) is amended 
by adding at the end the following:
    ``(f) Notwithstanding any other provision of this section, the 
Secretary may not make any payment to a State under this section, for 
any calendar quarter ending after the 5-year period that begins with 
the date of the enactment of this subsection, unless the State has in 
effect laws and procedures requiring a State agency to complete the 
processing of an application to adopt a child who is in foster care 
under the responsibility of the State that has been submitted by a 
foster parent or caretaker relative of the child, before completing the 
processing of any other application to adopt the child if--
            ``(1) a court has approved a permanent plan for adoption of 
        the child, or the child has been freed for adoption; and
            ``(2) the agency with authority to place the child for 
        adoption determines that--
                    ``(A) the child has substantial emotional ties to 
                the foster parent or caretaker relative, as the case 
                may be; and
                    ``(B) removal of the child from the foster parent 
                or caretaker relative, as the case may be, would be 
                seriously detrimental to the well-being of the 
                child.''.

                                 <all>