[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1459

   To amend part E of title IV of the Social Security Act to prevent 
               children from languishing in foster care.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 1997

 Mr. Tiahrt (for himself and Mr. Burton of Indiana) (both by request), 
 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 
               children from languishing in foster care.

    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 ``Child Protection and Adoption 
Advancement Act''.

SEC. 2. LIMITATION ON REASONABLE EFFORTS REQUIREMENT.

    Section 471(a)(15) of the Social Security Act (42 U.S.C. 
671(a)(15)) is amended by striking ``effective October 1, 1983, 
provides that, in each case,'' and inserting ``provides that, except in 
the case of a child to which subsection (c)(2) applies,''.

SEC. 3. PRE-ADOPTIVE PROCEDURES.

    (a) In General.--Section 471 of the Social Security Act (42 U.S.C. 
671) is amended by adding at the end the following:
    ``(c) 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:
            ``(1)(A) Within 30 days after a child who has not attained 
        13 years of age (or such greater age as the State may 
        determine) is placed in foster care under the responsibility of 
        the State, a dispositional hearing of the type described in 
        section 475(5)(C) shall be held to determine whether--
                    ``(i) the child should be returned home;
                    ``(ii) the child is described by subparagraph (C); 
                or
                    ``(iii) the child should remain in custody of the 
                State.
            ``(B) If, as a result of the hearing, it is determined that 
        the case of the child is described by subparagraph (C), 
        paragraph (2) shall apply to the child.
            ``(C) A child is described by this subparagraph if the 
        child has been a victim of aggravated circumstances (as defined 
        by the State and approved by the Secretary) which definition 
        may include--
                    ``(i) abandonment, torture, chronic abuse, or 
                sexual abuse; or
                    ``(ii) having a parent--
                            ``(I) who has been found by a court of 
                        competent jurisdiction to have engaged in 
                        conduct described in section 106(b)(2)(A)(xii) 
                        of the Child Abuse Prevention and Treatment 
                        Act; or
                            ``(II) whose parental rights with respect 
                        to a sibling of the child have been terminated.
            ``(2)(A)(i) If this paragraph applies to a child, the State 
        shall--
                    ``(I) seek 1 or more individuals who are qualified 
                and willing to be the adoptive parents of the child, or 
                contract with a private adoption agency to find 1 or 
                more such individuals for the child within 180 
                additional days after the determination described in 
                paragraph (1)(B) (or, if this paragraph applies to the 
                child by reason of paragraph (3), within 180 days after 
                the termination of parental rights with respect to the 
                child); and
                    ``(II) if the State has not found 1 or more such 
                individuals within the first 90 days of the 180-day 
                period described in subclause (I), immediately contract 
                with a private adoption agency to find 1 or more such 
                individuals for the child within the remaining 90 days 
                of the 180-day period.
            ``(ii) Upon finding 1 or more such individuals for a child 
        to whom this paragraph applies, the State shall--
                    ``(I) designate the individual or individuals as 
                the preadoptive parent or parents of the child; and
                    ``(II) place the child with the individual or 
                individuals.
            ``(B)(i) After the 4-month period that begins with the date 
        a child to whom this paragraph applies is placed with 
        preadoptive parents (or at such earlier time as may be 
        prescribed by State law), the preadoptive parents shall have 
        the right to petition the courts of the State for an expedited 
        hearing for the purpose of--
                    ``(I) terminating the parental rights of all other 
                persons with respect to the child; and
                    ``(II) adopting the child.
            ``(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)(i)(I) If the preadoptive parents of a child to whom 
        this paragraph applies fail to exercise the right described in 
        subparagraph (B)(i) with respect to the child during the 1-year 
        period that begins with the date the preadoptive parents first 
        have the right (including any extension required by subclause 
        (II)), then the State shall--
                    ``(aa) immediately revoke their designation as the 
                preadoptive parents of the child; and
                    ``(bb) hold a dispositional hearing of the type 
                described in section 475(5)(C) to determine whether the 
                child should be placed with new preadoptive parents or 
                remain in the custody of the State.
            ``(II) The period described in subclause (I) (including any 
        extension of the period) shall be extended by 1 year if the 
        State determines that--
                    ``(aa) the preadoptive parents have good cause for 
                having failed to exercise the right described in 
                subparagraph (B)(i) during the period (including any 
                extension of the period); or
                    ``(bb) that it would not be in the best interests 
                of the child to remove the child from the preadoptive 
                parents.
            ``(ii) If, as a result of the hearing referred to in clause 
        (i)(I)(bb), it is determined that the child should be placed 
        with new pre-adoptive parents, the State shall--
                    ``(I) seek 1 or more individuals (other than the 
                former preadoptive parents of the child) who are 
                qualified and willing to be the adoptive parents of the 
                child, or contract with a private adoption agency to 
                find 1 or more such individuals for the child within 
                180 days after the hearing; and
                    ``(II) if the State has not found 1 or more such 
                individuals within the first 90 days of the 180-day 
                period described in subclause (I), immediately contract 
                with a private adoption agency to find 1 or more such 
                individuals for the child within the remaining 90 days 
                of the 180-day period.
            ``(iii) Upon finding 1 or more such other individuals for 
        the child, the State shall--
                    ``(I) designate such other individual or 
                individuals as the preadoptive parent or parents of the 
                child; and
                    ``(II) place the child with such other individual 
                or individuals.
            ``(3)(A) If a child has been in foster care under the 
        responsibility of the State during 12 of the most recent 18 
        months, or it is no longer reasonable for the State to continue 
        making efforts of the type described in subsection (a)(15) with 
        respect to a child in foster care under the responsibility of 
        the State who has not attained 13 years of age (or such greater 
        age as the State may establish), the State shall seek to 
        terminate all parental rights with respect to the child, 
        unless--
                    ``(i) at the option of the State--
                            ``(I) the child is being cared for by a 
                        relative who is qualified and willing to adopt, 
                        or become the legal guardian of, the child; and
                            ``(II) it is in the best interests of the 
                        child to reside with the relative; or
                    ``(ii) a State court or State agency has documented 
                a compelling reason for determining that filing such a 
                petition would not be in the best interests of the 
                child.
            ``(B) Upon terminating all parental rights with respect to 
        the child, paragraph (2) shall apply to the child.''.
    (b) Report to the Congress.--At the end of the 27-month period that 
begins with the effective date of the amendment made by subsection (a), 
the Secretary of Health and 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 assesses the 
implementation and effects of the amendment.

SEC. 4. 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>