[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1044 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1044

   To amend part E of title IV of the Social Security Act to prevent 
   abandoned babies from experiencing prolonged foster care where a 
                 permanent adoptive home is available.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1995

 Mr. Fawell (for himself, Mr. Visclosky, and Ms. Pryce) 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 prevent 
   abandoned babies from experiencing prolonged foster care where a 
                 permanent adoptive home is available.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``At-Birth Abandoned Baby Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) each year thousands of babies throughout the United 
        States are abandoned by their parents shortly after birth, such 
        as when a mother gives birth at a hospital under an assumed 
        name and address and then disappears afterwards, leaving the 
        baby behind, when the whereabouts of the parents are unknown, 
        and when babies are left to die in garbage dumpsters because 
        their mothers cannot care for them;
            (2) babies who are abandoned during the formative months 
        occurring shortly after birth are denied the ability to bond 
        with a loving parent or parents;
            (3) the process of attachment or bonding between a baby and 
        the same adults is essential to the development of a healthy 
        personality in the baby;
            (4) the Inspector General of the Department of Health and 
        Human Services, in the February 1990 report entitled ``Crack 
        Babies'', states that legislation ``should reduce barriers to 
        placing drug exposed infants into foster care and adoptive 
        homes and establish `fast track' procedures to expedite child 
        welfare cases involving drug abuse''; and
            (5) according to experts, current legal rules and agency 
        policies make it exceedingly difficult and time consuming to 
        terminate parental rights of those parents who truly abandon 
        their babies, and as a result very few of those abandoned 
        babies are available for adoption;
            (6) the welfare of babies abandoned during the formative 
        months occurring shortly after birth is of such special 
        interest and concern to our society that if there are persons 
        desiring to adopt and parentally bond with such a baby, the 
        baby should be afforded the right to expeditious placement 
        with, and adoption by, such persons; and
            (7) other steps should be taken to expedite the adoption of 
        babies who are abandoned during the formative months occurring 
        shortly after birth.

SEC. 3. PURPOSE.

    The purpose of this Act is to require States to implement a system 
that will expedite the initiation of the adoption process for babies 
abandoned at birth. In doing so, States shall appoint competent persons 
to be preadoptive parents for babies abandoned at birth in order to 
provide a proper and loving home during the infants' formative months. 
The preadoptive parents will also be responsible for initiating legal 
proceedings that could lead to the legal adoption of the infant. Once 
the proceedings have been initiated, the State courts of proper 
jurisdiction will continue to be responsible for the final decision, 
taking into account the legal rights of all the parties involved, 
including the baby abandoned at birth, the natural parents, the 
preadoptive parents, and the State.

SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES ABANDONED AT BIRTH.

    (a) Certain State Laws Required as Condition of Approving State 
Plan for Foster Care and Adoption Assistance.--
            (1) In general.--Section 471 of the Social Security Act (42 
        U.S.C. 671) is amended by adding at the end the following:
    ``(c)(1) The Secretary shall not approve a State plan under this 
part unless there is in effect in the State laws and rules of law which 
provide all of the following:
            ``(A) Within 30 days after the State obtains custody of a 
        baby abandoned at birth, the State shall--
                    ``(i) find 1 or more individuals to be the 
                preadoptive parents of the baby;
                    ``(ii) designate such individual or individuals as 
                the preadoptive parents of the baby; and
                    ``(iii) place the baby with such individual or 
                individuals.
            ``(B)(i) During the 90-day period beginning on the date a 
        baby abandoned at birth is placed with the preadoptive parents 
        of the baby, the preadoptive parents shall have the right to 
        petition the courts of the State for an expedited hearing--
                    ``(I) to terminate the parental rights of all other 
                persons with respect to the baby; and
                    ``(II) to become the adoptive parents of the baby.
            ``(ii) In determining whether to grant a petition described 
        in clause (i), the courts of the State shall not draw any 
        inference adverse to the interests of a petitioner by reason of 
        the present or former status of any petitioner as a foster 
        parent.
            ``(C) If the preadoptive parents of a baby abandoned at 
        birth fail to file a petition described in subparagraph (B)(i) 
        during the 90-day period described in subparagraph (B)(i), the 
        State shall--
                    ``(i) immediately revoke their designation as the 
                preadoptive parents of the baby; and
                    ``(ii) within 30 days after the end of such 90-day 
                period--
                            ``(I) find 1 or more individuals (other 
                        than the former preadoptive parents of the 
                        baby) to be the new preadoptive parents of the 
                        baby;
                            ``(II) designate such individual or 
                        individuals as the preadoptive parents of the 
                        baby; and
                            ``(III) place the baby with such individual 
                        or individuals.
    ``(2) As used in this subsection:
            ``(A) The term `baby abandoned at birth' means a child 
        who--
                    ``(i) has been physically abandoned by the parents 
                or legal guardians of the child for a time during the 
                critical period; and
                    ``(ii) has not attained the age of 18 months.
            ``(B) The term `critical period' means, with respect to a 
        child, the period beginning with the date the child is born and 
        ending with--
                    ``(i) a date which may be specified by State law, 
                if such date occurs not earlier than 3 months, and not 
                later than 6 months, after the date the child is born; 
                or
                    ``(ii) the date the child attains the age of 6 
                months, if State law fails to specify a date in 
                accordance with clause (i).
    ``(3) The provisions and rules of State law that are enacted or 
adopted pursuant to this subsection shall not be construed to affect 
any provision or rule of State law with respect to the abandonment of 
children that is not so enacted or adopted, except to the extent that 
such provisions or rules of State law are in direct conflict.''.
            (2) Conforming amendment.--Section 471(b) of such Act (42 
        U.S.C. 671(b)) is amended by striking ``the provisions of 
        subsection (a) of this section'' and inserting ``subsections 
        (a) and (c)''.
    (b) Babies Abandoned at Birth Treated as Children With Special 
Needs for Purposes of Adoption Assistance Program.--
            (1) In general.--Section 473 of such Act (42 U.S.C. 673) is 
        amended by adding at the end the following:
    ``(d) Notwithstanding subsection (c), for purposes of this section, 
a child who is or was a baby abandoned at birth (as defined in section 
471(c)(2)(A)) shall be considered a child with special needs.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall not apply to any child who attains the age of 18 months 
        before the date of the enactment of this Act.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall apply to payments under title IV of 
the Social Security Act for calendar quarters beginning after the 
calendar quarter in which this Act is enacted.
    (b) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under 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 1st 
day of the 1st calendar quarter beginning after the close of the 1st 
regular session of the State legislature that begins after the date of 
the 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.

                                 <all>