[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 511 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 511

 To require that the health and safety of a child be considered in any 
    foster care or adoption placement, to eliminate barriers to the 
  termination of parental rights in appropriate cases, to promote the 
    adoption of children with special needs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 1997

Mr. Chafee (for himself, Mr. Rockefeller, Mr. Jeffords, Mr. DeWine, Mr. 
   Dodd, Ms. Moseley-Braun, Mr. Kerry, Mr. Kerrey, and Mr. Kennedy) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To require that the health and safety of a child be considered in any 
    foster care or adoption placement, to eliminate barriers to the 
  termination of parental rights in appropriate cases, to promote the 
    adoption of children with special needs, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
TITLE I--REQUIRING CONSIDERATION OF THE HEALTH AND SAFETY OF A CHILD IN 
                  FOSTER CARE AND ADOPTION PLACEMENTS

Sec. 101. Improving foster care protection requirements.
Sec. 102. Clarifying State plan requirements.
Sec. 103. Including safety in case plan and case review system 
                            requirements.
Sec. 104. Multidisciplinary/multiagency child death review teams.
TITLE II--ENHANCING PUBLIC AGENCY AND COMMUNITY ACCOUNTABILITY FOR THE 
                     HEALTH AND SAFETY OF CHILDREN

Sec. 201. Knowledge development and collaboration to prevent and treat 
                            substance abuse problems among families 
                            known to child protective service agencies.
Sec. 202. Priority in providing substance abuse treatment.
Sec. 203. Foster care payments for children with parents in residential 
                            facilities.
Sec. 204. Reimbursement for staff training.
Sec. 205. Criminal records checks for prospective foster and adoptive 
                            parents and group care staff.
Sec. 206. Development of State guidelines to ensure safe, quality care 
                            to children in out-of-home placements.
  TITLE III--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

Sec. 301. Reasonable efforts for adoption or location of a permanent 
                            home.
Sec. 302. Permanency planning hearings.
Sec. 303. Promotion of adoption of children with special needs.
Sec. 304. One-year reimbursement for reunification services.
Sec. 305. Adoptions across State and county jurisdictions.
   TITLE IV--PROMOTION OF INNOVATION IN ENSURING SAFE AND PERMANENT 
                                FAMILIES

Sec. 401. Innovation grants to reduce backlogs of children awaiting 
                            adoption and for other purposes.
Sec. 402. Expansion of child welfare demonstration projects.
                         TITLE V--MISCELLANEOUS

Sec. 501. Effective date.

TITLE I--REQUIRING CONSIDERATION OF THE HEALTH AND SAFETY OF A CHILD IN 
                  FOSTER CARE AND ADOPTION PLACEMENTS

SEC. 101. IMPROVING FOSTER CARE PROTECTION REQUIREMENTS.

    (a) In General.--Paragraph (9)(B) of section 422(b) of the Social 
Security Act (42 U.S.C. 622(b)), as added by section 202(a)(3) of the 
Social Security Act Amendments of 1994 (Public Law 103-432; 108 Stat. 
4453), is amended--
            (1) in clause (iii)(I), by inserting ``safe and'' after 
        ``where''; and
            (2) in clause (iv), by inserting ``safely'' after 
        ``remain''.
    (b) Conforming and Technical Amendments.--Title IV of the Social 
Security Act (42 U.S.C. 620-635) is amended--
            (1) in section 422(b)--
                    (A) by striking the period at the end of paragraph 
                (9) (as added by section 554(3) of the Improving 
                America's Schools Act of 1994 (Public Law 103-382; 108 
                Stat. 4057)) and inserting a semicolon;
                    (B) by redesignating paragraph (10) as paragraph 
                (11); and
                    (C) by redesignating paragraph (9), as added by 
                section 202(a)(3) of the Social Security Act Amendments 
                of 1994 (Public Law 103-432, 108 Stat. 4453), as 
                paragraph (10); and
            (2) in sections 424(b), 425(a), and 472(d), by striking 
        ``422(b)(9)'' each place it appears and inserting 
        ``422(b)(10)''.

SEC. 102. CLARIFYING STATE PLAN REQUIREMENTS.

    (a) In General.--Section 471 of the Social Security Act (42 U.S.C. 
671) is amended--
            (1) in subsection (a), by striking paragraph (15) and 
        inserting the following:
            ``(15) provides that, in each case--
                    ``(A) in determining reasonable efforts, as 
                described in this section, the child's health and 
                safety shall be the paramount concern; and
                    ``(B) reasonable efforts will be made--
                            ``(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 
                        when the child can be cared for at home without 
                        endangering the child's health or safety; and
                            ``(ii) to make it possible for the child to 
                        return to the child's home, except--
                                    ``(I) if the State through 
                                legislation has specified the cases in 
                                which the State is not required to make 
                                efforts at reunification because of 
                                circumstances that endanger the child's 
                                health or safety, which shall include 
                                cases such as those described in 
                                subsection (c); or
                                    ``(II) if a court determines that 
                                returning the child to the child's home 
                                would endanger the child's health or 
                                safety;''; and
            (2) by adding at the end the following:
    ``(c) For purposes of subsection (a)(15)(B)(ii)(I), the cases 
described in this subsection are as follows:
            ``(1) A case involving a child with a parent who has been 
        found by a court of competent jurisdiction--
                    ``(A) to have committed murder (as defined in 
                section 1111(a) of title 18, United States Code) of 
                another child of such parent;
                    ``(B) to have committed voluntary manslaughter (as 
                defined in section 1112(a) of title 18, United States 
                Code) of another child of such parent;
                    ``(C) to have aided or abetted, attempted, 
                conspired, or solicited to commit murder or voluntary 
                manslaughter of another child of such parent;
                    ``(D) to have committed a felony assault that 
                results in serious bodily injury to the child or to 
                another child of such parent; or
                    ``(E) to have abandoned, tortured, chronically 
                abused, or sexually abused the child.''.
    (b) State Legislation Required.--Section 471 of the Social Security 
Act (42 U.S.C. 671), as amended by subsection (a), is amended by adding 
at the end the following:
    ``(d) Not later than October 3, 1999, a State, in order to be 
eligible for payments under this part, shall have and enforce State 
laws that specify--
            ``(1) the cases, such as those described in subsection (c), 
        in which the State is not required to make efforts at 
        reunification of the child with the child's parent; and
            ``(2) the cases, such as those described in subsection (c), 
        in which there are grounds for expedited termination of 
        parental rights without efforts first being required to reunify 
        the child with the child's parent because of the circumstances 
        that endanger the child's health or safety.''.
    (c) Redesignation of Paragraph.--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 (17);
            (2) by striking the period at the end of paragraph (18) (as 
        added by section 1808(a) of the Small Business Job Protection 
        Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and inserting 
        ``; and''; and
            (3) by redesignating paragraph (18) (as added by section 
        505(3) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
        2278)) as paragraph (19).

SEC. 103. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM 
              REQUIREMENTS.

    Section 475 of the Social Security Act is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``safety 
                and'' after ``discussion of the''; and
                    (B) 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
            (2) in paragraph (5)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by inserting ``a safe setting that is'' 
                after ``placement in''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``the safety of the 
                        child,'' after ``determine''; and
                            (ii) by inserting ``and safely maintained 
                        in'' after ``returned to''.

SEC. 104. MULTIDISCIPLINARY/MULTIAGENCY CHILD DEATH REVIEW TEAMS.

    (a) State Child Death Review Teams.--Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)), as amended by section 102(b), is 
amended by adding at the end the following:
    ``(e)(1) Not later than 5 years after the date of enactment of the 
Safe Adoptions and Family Environments Act, a State, in order to be 
eligible for payments under this part, shall submit to the Secretary a 
certification that the State has established and is maintaining, a 
State child death review team, and if necessary in order to cover all 
counties in the State, child death review teams on the regional or 
local level, that shall review child deaths, including deaths in 
which--
            ``(A) there has been a prior report of child abuse or 
        neglect or there is reason to suspect that the child death was 
        caused by, or related to, child abuse or neglect;
            ``(B) the child who died was a ward of the State or was 
        otherwise known to the State or local child welfare agency;
            ``(C) the child death was a suicide; or
            ``(D) the cause of the child death was otherwise 
        unexplained or unexpected.
    ``(2) A child death review team established in accordance with this 
subsection should have a membership that, as defined by the Secretary, 
will present a range of viewpoints that are independent from any 
specific agency, and shall include representatives from, at a minimum, 
specific fields of expertise, such as law enforcement, health, mental 
health, and substance abuse, and from the community.
    ``(3) A State child death review team shall--
            ``(A) provide support to a regional or local child death 
        review team;
            ``(B) make public an annual summary of case findings;
            ``(C) provide recommendations for systemwide improvements 
        in services to prevent fatal abuse and neglect; and
            ``(D) if the State child death review team covers all 
        counties in the State on its own, carry out the duties of a 
        regional or local child death review team described in 
        paragraph (4).
    ``(4) A regional or local child death review team shall--
            ``(A) conduct individual case reviews;
            ``(B) assist with regional or local management of child 
        death cases; and
            ``(C) suggest followup procedures and systems 
        improvements.''.
    (b) Federal Child Death Review Team.--Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)), as amended by subsection (a), is 
amended by adding at the end the following:
    ``(f)(1) The Secretary shall establish a Federal child death review 
team that shall consist of at least the following:
            ``(A) Representatives of the following Federal agencies who 
        have expertise in the prevention or treatment of child abuse 
        and neglect:
                    ``(i) Department of Health and Human Services.
                    ``(ii) Department of Justice.
                    ``(iii) Bureau of Indian Affairs.
                    ``(iv) Department of Defense.
                    ``(v) Bureau of the Census.
            ``(B) Representatives of national child-serving 
        organizations who have expertise in the prevention or treatment 
        of child abuse and neglect and that, at a minimum, represent 
        the health, child welfare, social services, and law enforcement 
        fields.
    ``(2) The Federal child death review team established under this 
subsection shall--
            ``(A) review reports of child deaths on military 
        installations and other Federal lands, and coordinate with 
        Indian tribal organizations in the review of child deaths on 
        Indian reservations;
            ``(B) conduct ongoing reviews of the status of State child 
        death review teams and regional or local child death review 
        teams, and of the management of interstate child death cases;
            ``(C) provide guidance and technical assistance to States 
        and localities seeking to initiate or improve child death 
        review teams and to prevent child fatalities;
            ``(D) review and analyze relevant aggregate data from State 
        child death review teams and from regional or local child death 
        review teams, in order to identify and track national trends in 
        child fatalities; and
            ``(E) develop recommendations on related policy and 
        procedural issues for Congress, relevant Federal agencies, and 
        States and localities for the purpose of preventing child 
        fatalities.''.

TITLE II--ENHANCING PUBLIC AGENCY AND COMMUNITY ACCOUNTABILITY FOR THE 
                     HEALTH AND SAFETY OF CHILDREN

SEC. 201. KNOWLEDGE DEVELOPMENT AND COLLABORATION TO PREVENT AND TREAT 
              SUBSTANCE ABUSE PROBLEMS AMONG FAMILIES KNOWN TO CHILD 
              PROTECTIVE SERVICE AGENCIES.

    (a) Sources of Federal Support for Substance Abuse Prevention and 
Treatment for Parents and Children.--Not later than 12 months after the 
date of enactment of this Act, the Secretary of Health and Human 
Services, acting through the Administrator of the Administration for 
Children, Youth and Families, and the Director of the Center for 
Substance Abuse Prevention and the Director of the Center for Substance 
Abuse Treatment, shall prepare and provide to State child welfare 
agencies and substance abuse prevention and treatment agencies an 
inventory of all Federal programs that may provide funds for substance 
abuse prevention and treatment services for families receiving services 
directly or through grants or contracts from public child welfare 
agencies. An inventory prepared under this subsection shall include 
with respect to each Federal program listed, the amount of Federal 
funds that are available for that program and the relevant eligibility 
requirements. The Secretary shall biennially update the inventory 
required under this subsection.
    (b) Collaboration Between Federally Supported Substance Abuse and 
Child Protection Agencies.--
            (1) Substance abuse prevention and treatment block grant.--
        Section 1932(a) of the Public Health Service Act (42 U.S.C. 
        300x-32(a)) is amended--
                    (A) in paragraph (6)(B), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) the application contains an assurance that the State 
        will collect information and prepare the report required under 
        section 201(b)(3) of the Safe Adoptions and Family Environments 
        Act; and''.
            (2) Social security act.--Title IV of the Social Security 
        Act is amended--
                    (A) in section 422(b), as amended by section 101(b) 
                of this Act--
                            (i) in paragraph (10), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (11), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(12) provide that the State shall collect information and 
        prepare the report required under section 201(b)(3) of the Safe 
        Adoptions and Family Environments Act.''; and
                    (B) in section 432(a)--
                            (i) in paragraph (7)(B), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (8), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(9) provides that the State shall collect information and 
        prepare the report required under section 201(b)(3) of the Safe 
        Adoptions and Family Environments Act.''.
            (3) Report on joint activities.--
                    (A) In general.--In order to be eligible to receive 
                a grant under subpart 2 of part B of title XIX of the 
                Public Health Service Act (42 U.S.C. 300x-21 et seq.) 
                and under subparts 1 and 2 of part B of title IV of the 
                Social Security Act (42 U.S.C. 620 et seq.), the State 
                substance abuse prevention and treatment agency 
                responsible for administering a grant under subpart 2 
                of part B of title XIX of the Public Health Service Act 
                (42 U.S.C. 300x-21 et seq.), and the State child 
                welfare agency responsible for administering the State 
                plans under subparts 1 and 2 of part B of title IV of 
                the Social Security Act (42 U.S.C. 620 et seq.) shall, 
                not later than 12 months after the date of enactment of 
                this Act, jointly prepare a report containing the 
                information described in subparagraph (B) on the joint 
                prevention and treatment activities conducted by such 
                agencies, and shall submit the report to the Secretary 
                of Health and Human Services who shall forward such 
                report to the Administrator of the Administration for 
                Children, Youth and Families, the Director of the 
                Center for Substance Abuse Prevention, and the Director 
                of the Center for Substance Abuse Treatment.
                    (B) Required information.--The information 
                described in this subparagraph shall, to the maximum 
                extent practicable, include--
                            (i) a description of the characteristics of 
                        the parents of children, including the 
                        aggregate numbers, who are reported to State or 
                        local child welfare agencies because of 
                        allegations of child abuse or neglect and have 
                        substance abuse treatment needs, and the nature 
                        of those needs;
                            (ii) a description of the characteristics 
                        of the children of parents who are receiving 
                        substance abuse treatment from services 
                        administered by the State substance abuse 
                        prevention and treatment and medicaid agencies, 
                        including the aggregate number and whether they 
                        are in their parents' custody;
                            (iii) a description of the barriers that 
                        prevent the substance abuse treatment needs of 
                        clients of child welfare agencies from being 
                        treated appropriately;
                            (iv) a description of the manner in which 
                        the State child welfare and substance abuse 
                        prevention and treatment agencies are 
                        collaborating--
                                    (I) to assess the substance abuse 
                                treatment needs of families who are 
                                known to child welfare agencies;
                                    (II) to remove barriers that 
                                prevent the State from meeting the 
                                needs of families with substance abuse 
                                problems;
                                    (III) to expand substance abuse 
                                prevention, including early 
                                intervention, and treatment for 
                                children and parents who are known to 
                                child welfare agencies; and
                                    (IV) to provide for the joint 
                                funding of substance abuse treatment 
                                and prevention activities, the joint 
                                training of staff, and the joint 
                                consultations between staff of the 2 
                                State agencies;
                            (v) a description of the information 
                        available on the treatment and cost-
                        effectiveness of, and the annual expenditures 
                        for, substance abuse treatment services 
                        provided to families who are known to child 
                        welfare agencies;
                            (vi) available data on the number of 
                        parents and children served by both the State 
                        child welfare and the substance abuse 
                        prevention and treatment agencies and the 
                        number of the parents ordered by a court to 
                        seek such services; and
                            (vii) any other information determined 
                        appropriate by the Secretary of Health and 
                        Human Services.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Administrator of the Administration for Children, 
Youth and Families, the Director of the Center for Substance Abuse 
Prevention, and the Director of the Center for Substance Abuse 
Treatment, shall, using the information reported to the Secretary 
jointly by State child welfare and substance abuse prevention and 
treatment agencies, prepare and submit to the appropriate committees of 
Congress a report containing--
            (1) a description of the extent to which clients of child 
        welfare agencies have substance abuse treatment needs, the 
        nature of those needs, and the extent to which those needs are 
        being met;
            (2) a description of the barriers that prevent the 
        substance abuse treatment needs of clients of child welfare 
        agencies from being treated appropriately;
            (3) a description of the collaborative activities of State 
        child welfare and substance abuse prevention and treatment 
        agencies to jointly assess clients' needs, fund substance abuse 
        prevention and treatment, train and consult with staff, and 
        evaluate the effectiveness of programs serving clients in both 
        agencies' caseloads;
            (4) a summary of the available data on the treatment and 
        cost-effectiveness of substance abuse treatment services for 
        clients of child welfare agencies; and
            (5) recommendations, including recommendations for Federal 
        legislation, for addressing the needs and barriers, as 
        described in paragraphs (1) and (2), and for promoting further 
        collaboration of the State child welfare and substance abuse 
        prevention and treatment agencies in meeting the substance 
        abuse treatment needs of families.

SEC. 202. PRIORITY IN PROVIDING SUBSTANCE ABUSE TREATMENT.

    Section 1927 of the Public Health Service Act (42 U.S.C. 300x-27) 
is amended--
            (1) in the heading, by inserting ``and caretaker parents'' 
        after ``women''; and
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and all caretaker 
                        parents who are referred for treatment by the 
                        State or local child welfare agency'' after 
                        ``referred for''; and
                            (ii) by striking ``is given'' and inserting 
                        ``are given''; and
                    (B) in paragraph (2)--
                            (i) by striking ``such women'' and 
                        inserting ``such pregnant women and caretaker 
                        parents''; and
                            (ii) by striking ``the women'' and 
                        inserting ``the pregnant women and caretaker 
                        parents''.

SEC. 203. FOSTER CARE PAYMENTS FOR CHILDREN WITH PARENTS IN RESIDENTIAL 
              FACILITIES.

    Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is 
amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period and inserting 
        ``, or''; and
            (3) by adding at the end the following:
            ``(3) placed with the child's parent in a residential 
        program that provides treatment and other necessary services 
        for parents and children, including parenting services, when--
                    ``(A) the parent is attempting to overcome--
                            ``(i) a substance abuse problem and is 
                        complying with an approved treatment plan;
                            ``(ii) being a victim of domestic violence;
                            ``(iii) homelessness; or
                            ``(iv) special needs resulting from being a 
                        teenage parent;
                    ``(B) the safety of the child can be assured;
                    ``(C) the range of services provided by the program 
                is designed to appropriately address the needs of the 
                parent and child;
                    ``(D) the goal of the case plan for the child is to 
                try to reunify the child with the family within a 
                specified period of time; and
                    ``(E) the parent described in subparagraph (A)(i) 
                has not previously been treated in a residential 
                program serving parents and their children together.''.

SEC. 204. REIMBURSEMENT FOR STAFF TRAINING.

    (a) Training of Personnel.--Section 474(a) of the Social Security 
Act (42 U.S.C. 674(a)) is amended--
            (1) in paragraph (3)(A)--
                    (A) by striking ``75'' and inserting ``subject to 
                subsection (e), 75'';
                    (B) by inserting ``, and training directed at staff 
                maintenance and retention'' after ``enrolled in such 
                institutions''; and
                    (C) by striking ``of personnel'' and all that 
                follows and inserting the following: ``of--
                            ``(i) personnel employed or preparing for 
                        employment by the State agency or by the local 
                        agency administering the State plan in the 
                        political subdivision; and
                            ``(ii) personnel employed by courts and 
                        State or local law enforcement agencies, and by 
                        State, local, or private nonprofit substance 
                        abuse prevention and treatment agencies, mental 
                        health providers, domestic violence prevention 
                        and treatment agencies, health agencies, child 
                        care agencies, schools, and child welfare, 
                        family service, and community service agencies 
                        that are collaborating with the State or local 
                        agency administering the State plan in the 
                        political subdivision to keep children safe, 
                        support families, and provide permanent 
                        families for children, including adoptive 
                        families;'';
            (2) in paragraph (3)(B), by striking ``75'' and inserting 
        ``subject to subsection (e), 75''; and
            (3) by adding at the end, the following flush sentence:
``Amounts under subparagraphs (A) and (B) of paragraph (3) shall be 
paid without regard to the primary provider of the training, and shall 
be determined without regard to the proportion of children on whose 
behalf foster care maintenance payments or adoption assistance payments 
are being made under the State plan under this part.''.
    (b) Requirements for Receipt of Training Funds.--Section 474 of the 
Social Security Act (42 U.S.C. 674) is amended by adding at the end the 
following:
    ``(e) Requirements for Reimbursement of Training Expenditures.--
            ``(1) Cross-agency training expenditures.--
                    ``(A) Guidelines for qualified expenditures.--The 
                Secretary shall issue guidelines describing the types 
                of training expenditures that shall qualify for 
                reimbursement under subsection (a)(3)(A)(ii). The 
                guidelines issued under the authority of this 
                subparagraph shall emphasize reimbursement of training 
                expenditures to treat and prevent child abuse and 
                neglect, keep children safe, support families, and 
                provide permanent families for children, including 
                adoptive families.
                    ``(B) Documentation.--A State may not receive 
                reimbursement for training expenditures incurred under 
                subsection (a)(3)(A)(ii) unless the State submits to 
                the Secretary, in such form and manner as the Secretary 
                may specify, documentation evidencing that the 
                expenditures conform with the guidelines issued under 
                subparagraph (A).
            ``(2) Maintenance of effort.--With respect to a fiscal 
        year, a State may not receive funds under subparagraph (A) or 
        (B) of subsection (a)(3) if the total State expenditures for 
        the previous fiscal year for training under such subparagraphs 
        are less than the total State expenditures under such 
        subparagraphs for fiscal year 1996.''.

SEC. 205. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE 
              PARENTS AND GROUP CARE STAFF.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 102(c), is amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) in paragraph (19), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(20) provides procedures for criminal records checks and 
        checks of a State's child abuse registry for any prospective 
        foster parent or adoptive parent, and any employee of a child-
        care institution before the foster parent or adoptive parent, 
        or the child-care institution 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--
                    ``(A) in any case in which a criminal record check 
                reveals a criminal conviction for child abuse or 
                neglect, or spousal abuse, a criminal conviction for 
                crimes against children, or a criminal conviction for a 
                crime involving violence, including rape, sexual or 
                other assault, or homicide, approval shall not be 
                granted; and
                    ``(B) in any case in which a criminal record check 
                reveals a criminal conviction for a felony or 
                misdemeanor not involving violence, or a check of any 
                State child abuse registry indicates that a 
                substantiated report of abuse or neglect exists, final 
                approval may be granted only after consideration of the 
                nature of the offense or incident, the length of time 
                that has elapsed since the commission of the offense or 
                the occurrence of the incident, the individual's life 
                experiences during the period since the commission of 
                the offense or the occurrence of the incident, and any 
                risk to the child.''.

SEC. 206. DEVELOPMENT OF STATE GUIDELINES TO ENSURE SAFE, QUALITY CARE 
              TO CHILDREN IN OUT-OF-HOME PLACEMENTS.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 205, 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 that the State shall--
                    ``(A) develop and implement State guidelines to 
                ensure safe, quality care for children residing in out-
                of-home care settings, such as guidelines issued by a 
                nationally recognized accrediting body, including the 
                Council on Accreditation for Services for Families and 
                Children and the Joint Commission on the Accreditation 
                of Health Care Organizations;
                    ``(B) assist public provider agencies and private 
                provider agencies that contract and subcontract with 
                the State to meet over a time period determined by the 
                State the quality guidelines established under 
                subparagraph (A);
                    ``(C) clearly articulate the guidelines against 
                which an agency's performance will be judged and the 
                conditions under which the guidelines established under 
                subparagraph (A) will be applied;
                    ``(D) regularly monitor progress made by the public 
                and private agencies located in the State in meeting 
                the guidelines established under subparagraph (A); and
                    ``(E) judge agency compliance with the guidelines 
                established under subparagraph (A) through measuring 
                improvement in child and family outcomes, and through 
                such other measures as the State may determine 
                appropriate to judge such compliance.''.

  TITLE III--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

SEC. 301. REASONABLE EFFORTS FOR ADOPTION OR LOCATION OF A PERMANENT 
              HOME.

    (a) State Plan.--Section 471(a) of the Social Security Act (42 
U.S.C. 671(a)), as amended by section 206, 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, in any case in which the State's goal 
        for the child is adoption or placement in another permanent 
        home, reasonable efforts will be made to place the child in a 
        timely manner with an adoptive family, legal guardian, or in 
        another planned permanent living arrangement and to complete 
        whatever steps are necessary to finalize the adoption or legal 
        guardianship.''.
    (b) Case Plan and Case Review System.--Section 475 of the Social 
Security Act (42 U.S.C. 675) is amended--
            (1) in paragraph (1)--
                    (A) in the last sentence--
                            (i) by striking ``the case plan must also 
                        include''; and
                            (ii) by redesignating such sentence as 
                        subparagraph (D) and indenting appropriately; 
                        and
                    (B) by adding at the end, the following:
                    ``(E) In the case of a child with respect to whom 
                the State's goal is adoption or placement in another 
                permanent home, documentation of the steps taken by the 
                agency to find an adoptive family or other permanent 
                living arrangement for the child, to place the child 
                with an adoptive family, 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.''; and
            (2) in paragraph (5)(B), by inserting ``(including the 
        requirement specified in paragraph (1)(E))'' after ``case 
        plan''.

SEC. 302. PERMANENCY PLANNING HEARINGS.

    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 planning'';
            (2) by striking ``no later than'' and all that follows 
        through ``12 months'' and inserting ``not later than 12 months 
        after the original placement (and not less frequently than 
        every 6 months''; and
            (3) by striking ``future status of'' and all that follows 
        through ``long term basis)'' and inserting ``permanency plans 
for the child (including whether and, if applicable, when, the child 
will be returned to the parent, referred for termination of parental 
rights, placed for adoption, or referred for legal guardianship, or 
other planned permanent living arrangement)''.

SEC. 303. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.

    (a) In General.--Section 473(a) of the Social Security Act (42 
U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the 
following:
    ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the 
requirements of this paragraph if such child--
            ``(i) prior to termination of parental rights and the 
        initiation of adoption proceedings was in the care of a public 
        or licensed nonprofit private child care agency or Indian 
        tribal organization either pursuant to a voluntary placement 
        agreement (provided the child was in care for not more than 180 
        days) or as a result of a judicial determination to the effect 
        that continuation in the home would be contrary to the welfare 
        of such child, or was residing in a foster family home or child 
        care institution with the child's minor parent (either pursuant 
        to such a voluntary placement agreement or as a result of such 
        a judicial determination); and
            ``(ii) has been determined by the State pursuant to 
        subsection (c) to be a child with special needs.
    ``(B) Notwithstanding any other provision of law, and except as 
provided in paragraph (7), a child who is not a citizen or resident of 
the United States and who meets the requirements of subparagraph (A) 
and is otherwise determined to be eligible for the receipt of adoption 
assistance payments, shall be eligible for adoption assistance payments 
under this part.
    ``(C) A child who meets the requirements of subparagraph (A) and 
who is otherwise determined to be eligible for the receipt of adoption 
assistance payments shall continue to be eligible for such payments in 
the event that the child's adoptive parent dies or the child's adoption 
is dissolved, and the child is placed with another family for 
adoption.''.
    (b) Exception.--Section 473(a) of the Social Security Act (42 
U.S.C. 673(a)) is amended by adding at the end the following:
    ``(7)(A) Notwithstanding any other provision of this subsection, no 
payment may be made to parents with respect to any child that--
            ``(i) would be considered a child with special needs under 
        subsection (c);
            ``(ii) is not a citizen or resident of the United States; 
        and
            ``(iii) the parents adopted outside of the United States or 
        the parents brought into the United States for the purpose of 
        adopting such child.
    ``(B) Subparagraph (A) shall not be construed as prohibiting 
payments under this part for a child described in subparagraph (A) that 
is placed in foster care subsequent to the failure, as determined by 
the State, of the initial adoption of such child by the parents 
described in such subparagraph.''.

SEC. 304. ONE-YEAR REIMBURSEMENT FOR REUNIFICATION SERVICES.

    Section 475(4) of the Social Security Act (42 U.S.C. 675(4)) is 
amended by adding at the end the following:
            ``(C)(i) In the case of a child that is removed from the 
        child's home and placed in a foster family home or a child care 
        institution, the foster care maintenance payments made with 
        respect to such child may include payments to the State for 
        reimbursement of expenditures for reunification services, but 
        only during the 1-year period that begins on the date that the 
        child is removed from the child's home.
            ``(ii) For purposes of clause (i), the term `reunification 
        services' includes services and activities provided to a child 
        described in clause (i) and 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, and may 
        only include individual, group, and family counseling, 
        inpatient, residential, or outpatient substance abuse treatment 
        services, mental health services, assistance to address 
        domestic violence, and transportation to or from such 
        services.''.

SEC. 305. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.

    (a) Study of Interjurisdictional Adoption Issues.--The Secretary of 
Health and Human Services (in this section referred to as the 
``Secretary'') shall appoint an advisory panel that shall--
            (1) study and consider how to improve procedures and 
        policies to facilitate the timely and permanent adoptions of 
        children across State and county jurisdictions;
            (2) examine, at a minimum, interjurisdictional adoption 
        issues--
                    (A) concerning the recruitment of prospective 
                adoptive families from other States and counties;
                    (B) concerning the procedures to grant reciprocity 
                to prospective adoptive family home studies from other 
                States and counties;
                    (C) 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
                    (D) concerning the procedures related to the 
                administration and implementation of the Interstate 
                Compact on the Placement of Children; and
            (3) not later than 12 months after the final appointment to 
        the advisory panel, submit to the Secretary the report 
        described in subsection (c).
    (b) Composition of Advisory Panel.--The advisory panel required 
under subsection (a) shall, at a minimum, be comprised of 
representatives of the following:
            (1) Adoptive parent organizations.
            (2) Public and private child welfare agencies that place 
        children for adoption.
            (3) Family court judges' organizations.
            (4) Adoption attorneys.
            (5) The Association of the Administrators of the Interstate 
        Compact on the Placement of Children and the Association of the 
        Administrators of the Interstate Compact on Adoption and 
        Medical Assistance.
            (6) Any other organizations that advocate for adopted 
        children or children awaiting adoption.
    (c) Contents of Report.--The report required under subsection 
(a)(3) shall include the results of the study conducted under 
paragraphs (1) and (2) of subsection (a) and 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.
    (d) Congress.--The Secretary shall submit a copy of the report 
required under subsection (a)(3) to the appropriate committees of 
Congress, and, if relevant, make recommendations for proposed 
legislation.

   TITLE IV--PROMOTION OF INNOVATION IN ENSURING SAFE AND PERMANENT 
                                FAMILIES

SEC. 401. INNOVATION GRANTS TO REDUCE BACKLOGS OF CHILDREN AWAITING 
              ADOPTION AND FOR OTHER PURPOSES.

    (a) In General.--Section 474(a) of the Social Security Act (42 
U.S.C. 674) is amended--
            (1) in paragraph (4), by striking the period and inserting 
        ``; plus''; and
            (2) by inserting after paragraph (4), the following:
            ``(5) an amount equal to the State's innovation grant 
        award, if an award for the State has been approved by the 
        Secretary pursuant to section 478.''.
    (b) Innovation Grants.--Part E of title IV of the Social Security 
Act (42 U.S.C. 670 et seq.) is amended by inserting after section 477, 
the following:

``SEC. 478. INNOVATION GRANTS.

    ``(a) Payments.--
            ``(1) In general.--A State that has an application 
        described in paragraph (3) approved by the Secretary, shall be 
        entitled to receive payments, in an amount determined by the 
        Secretary, under section 474(a)(5) for not more than 5 years 
        for the purpose of carrying out the innovation projects 
        described in paragraph (2).
            ``(2) Innovation projects described.--The innovation 
        projects described in this paragraph are projects that are 
        designed to achieve 1 or more of the following goals:
                    ``(A) Reducing a backlog of children in long-term 
                foster care or awaiting adoption placement.
                    ``(B) Ensuring, not later than 1 year after a child 
                enters foster care, a permanent placement for the 
                child.
                    ``(C) Identifying and addressing barriers that 
                result in delays to permanent placements for children 
                in foster care, including inadequate representation of 
                child welfare agencies in termination of parental 
                rights and adoption proceedings, and other barriers to 
                termination of parental rights.
                    ``(D) Implementing or expanding community-based 
                permanency initiatives, particularly in communities 
                where families reflect the ethnic and racial diversity 
                of children in the State for whom foster and adoptive 
                homes are needed.
                    ``(E) Developing and implementing community-based 
                child protection activities that involve partnerships 
                among State and local governments, multiple child-
                serving agencies, the schools, and community leaders in 
                an attempt to keep children free from abuse and 
                neglect.
                    ``(F) Establishing new partnerships with businesses 
                and religious organizations to promote safety and 
                permanence for children.
                    ``(G) Assisting in the development and 
                implementation of the State guidelines described in 
                section 471(a)(21).
                    ``(H) Developing new staffing approaches to allow 
                the resources of several States to be used to conduct 
                recruitment, placement, adoption, and post-adoption 
                services on a regional basis.
                    ``(I) Any other goal that the Secretary specifies 
                by regulation.
            ``(3) Application.--
                    ``(A) In general.--An application for a grant under 
                this section may be submitted for fiscal year 1998 or 
                1999 and shall contain--
                            ``(i) a plan, in such form and manner as 
                        the Secretary may prescribe, for an innovation 
                        project described in paragraph (2) that will be 
                        implemented by the State for a period of not 
                        more than 5 consecutive fiscal years, beginning 
                        with fiscal year 1998 or 1999, as applicable;
                            ``(ii) an assurance that no waivers from 
                        provisions in law, as in effect at the time of 
                        the submission of the application, are required 
                        to implement the innovation project; and
                            ``(iii) such other information as the 
                        Secretary may require by regulation.
            ``(4) Duration.--An innovation project approved under this 
        section shall be conducted for not more than 5 consecutive 
        fiscal years, except that the Secretary may terminate a project 
        before the end of the period originally approved if the 
        Secretary determines that the State conducting the project is 
        not in compliance with the terms of the plan and application 
        approved by the Secretary under this section.
            ``(5) Amounts.--With respect to a fiscal year, the 
        Secretary shall award State grants under this section, in an 
        aggregate amount not to exceed $50,000,000 for that fiscal 
        year. A State shall not receive a grant under this section 
        unless, for each year for which a grant is awarded, the State 
        agrees to match the grant with $1 for every $3 received.
            ``(6) Nonsupplanting.--Any amounts payable to a State under 
        paragraph (5) of section 474(a) shall be in addition to the 
        amounts payable under paragraphs (1), (2), (3), and (4) of that 
        section, and shall supplement but not replace any other funds 
        that may be available for the same purpose in the localities 
        involved.
            ``(7) Evaluations and reports.--
                    ``(A) State evaluations.--Each State administering 
                an innovation project under this section shall--
                            ``(i) provide for ongoing and retrospective 
                        evaluation of the project, meeting such 
                        conditions and standards as the Secretary may 
                        require; and
                            ``(ii) submit to the Secretary such 
                        reports, at such times, in such format, and 
                        containing such information as the Secretary 
                        may require.
                    ``(B) Reports to congress.--The Secretary shall, on 
                the basis of reports received from States administering 
                projects under this section, submit interim reports, 
                and, not later than 6 months after the conclusion of 
                all projects administered under this section, a final 
                report to Congress. A report submitted under this 
                subparagraph shall contain an assessment of the 
                effectiveness of the State projects administered under 
                this section and any recommendations for legislative 
                action that the Secretary considers appropriate.
            ``(8) Regulations.--Not later than 60 days after the date 
        of enactment of this section, the Secretary shall promulgate 
        final regulations for implementing this section.''.

SEC. 402. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.

    Section 1130(a) of the Social Security Act (42 U.S.C. 1320a-9(a)) 
is amended by striking ``10'' and inserting ``15''.

                         TITLE V--MISCELLANEOUS

SEC. 501. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on October 
1, 1997.
                                 <all>