[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4164 Referred in Senate (RFS)]







105th CONGRESS
  2d Session
                                H. R. 4164


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend title 28, United States Code, with respect to the enforcement 
                of child custody and visitation orders.

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

SECTION 1. CHILD CUSTODY AND VISITATION DETERMINATIONS.

    Section 1738A of title 28, United States Code is amended as 
follows:
            (1) Subsection (a) is amended by striking ``subsection (f) 
        of this section, any child custody determination'' and 
        inserting ``subsections (f) and (g) of this section, any 
        custody determination or visitation determination''.
            (2) Subsection (b)(2) is amended by striking ``a parent'' 
        and inserting ``, but not limited to, a parent or grandparent 
        or, in cases involving a contested adoption, a person acting as 
        a parent''.
            (3) Subsection (b)(3) is amended--
                    (A) by striking ``or visitation'';
                    (B) by striking ``and'' before ``initial orders''; 
                and
                    (C) by inserting before the semicolon at the end 
                the following: ``, and includes decrees, judgments, 
                orders of adoption, and orders dismissing or denying 
                petitions for adoption''.
            (4) Subsection (b)(4) is amended to read as follows:
            ``(4)(A) except as provided in subparagraph (B), `home 
        State' means--
                    ``(i) the State in which, immediately preceding the 
                time involved, the child lived with his or her parents, 
                a parent, or a person acting as a parent, with whom the 
                child has been living for at least six consecutive 
                months, a prospective adoptive parent, or an agency 
                with legal custody during a proceeding for adoption, 
                and
                    ``(ii) in the case of a child less than six months 
                old, the State in which the child lived from birth, or 
                from soon after birth,
        and periods of temporary absence of any such persons are 
        counted as part of such 6-month or other period; and
            ``(B) in cases involving a proceeding for adoption, `home 
        State' means the State in which--
                    ``(i) immediately preceding commencement of the 
                proceeding, not including periods of temporary absence, 
                the child is in the custody of the prospective adoptive 
                parent or parents;
                    ``(ii) the child and the prospective adoptive 
                parent or parents are physically present and the 
                prospective adoptive parent or parents have lived for 
                at least six months; and
                    ``(iii) there is substantial evidence available 
                concerning the child's present or future care;''.
            (5) Subsection (b)(5) is amended by inserting ``or 
        visitation determination'' after ``custody determination'' each 
        place it appears.
            (6) Subsection (b) is amended by striking ``and'' at the 
        end of paragraph (7), by striking the period at the end of 
        paragraph (8) and inserting ``; and'', and by adding after 
        paragraph (8) the following:
            ``(9) `visitation determination' means a judgment, decree, 
        or other order of a court providing for the visitation of a 
        child and includes permanent and temporary orders and initial 
        orders and modifications.''.
            (7) Subsection (c) is amended by striking ``child custody 
        determination'' in the matter preceding paragraph (1) and 
        inserting ``custody determination or visitation 
        determination''.
            (8) Subsection (c)(2)(D) is amended by adding ``or 
        visitation'' after ``determine the custody''.
            (9) Subsection (d) is amended by striking ``child custody 
        determination'' and inserting ``custody determination or 
        visitation determination''.
            (10) Subsection (e) is amended--
                    (A) by striking ``child custody determination'' and 
                inserting ``custody determination or visitation 
                determination''; and
                    (B) by striking ``a child'' and inserting ``the 
                child concerned''.
            (11) Subsection (f) is amended--
                    (A) by striking ``determination of the custody of 
                the same child'' and inserting ``custody 
                determination'';
                    (B) in paragraph (1) by striking ``child'' and by 
                striking ``and'' after the semicolon;
                    (C) in paragraph (2) by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) in cases of contested adoption in which the child has 
        resided with the prospective adoptive parent or parents for at 
        least six consecutive months, the court finds by clear and 
        convincing evidence that the court of the other State failed to 
        consider--
                    ``(A) the extent of the detriment to the child in 
                being moved from the child's custodial environment;
                    ``(B) the nature of the relationship between the 
                biological parent or parents and the child;
                    ``(C) the nature of the relationship between the 
                prospective adoptive parent or parents and the child; 
                and
                    ``(D) the recommendation of the child's legal 
                representative or guardian ad litem.
This subsection shall apply only if the party seeking a new hearing has 
acted in good faith and has not abused or attempted to abuse the legal 
process.''.
            (12) Subsection (g) is amended by inserting ``or visitation 
        determination'' after ``custody determination'' each place it 
        appears.
            (13) Section 1738A is amended by adding at the end the 
        following:
    ``(h) A court of a State may not modify a visitation determination 
made by a court of another State unless the court of the other State 
has declined to exercise jurisdiction to modify such determination.
    ``(i) In all contested custody proceedings, including adoption 
proceedings, undertaken pursuant to this section, all proceedings and 
appeals shall be expedited.
    ``(j) In cases of conflicts between two or more States, the 
district courts shall have jurisdiction to determine which of 
conflicting custody determinations or visitation determinations is 
consistent with the provisions of this section or which State court is 
exercising jurisdiction consistently with the provisions of this 
section for purposes of subsection (g).''.
            (14) Subsection (c)(2) is amended--
                    (A) by inserting ``or her'' after ``his'' each 
                place it appears; and
                    (B) by inserting ``or she'' after ``he''.

            Passed the House of Representatives July 14, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.