[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 742 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 742

          To promote the adoption of children in foster care.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 1997

 Mr. DeWine (for himself and Mr. Helms) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
          To promote the adoption of children 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Adoption Promotion 
Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. States required to initiate or join proceedings to terminate 
                            parental rights for certain children in 
                            foster care.
Sec. 3. Adoption incentive payments.
Sec. 4. Notice of reviews and hearings; opportunity to be heard.
Sec. 5. Kinship care.
Sec. 6. Use of the Federal Parent Locator Service for child welfare 
                            services.
Sec. 7. Performance of States in protecting children.
Sec. 8. Technical assistance.
Sec. 9. Clarification of eligible population for independent living 
                            services.
Sec. 10. Coordinated services demonstration grants.
Sec. 11. Effective date.

SEC. 2. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE 
              PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.

    (a) In General.--Section 475(5) of the Social Security Act (42 
U.S.C. 675(5)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) in the case of a child who has not attained 
                10 years of age and has been in foster care under the 
                responsibility of the State for 12 months of the most 
                recent 18 months, the State shall file a petition to 
                terminate the parental rights of the child's parents 
                (or, if such a petition has been filed by another 
                party, seek to be joined as a party to the petition), 
                unless--
                            ``(i) at the option of the State, the child 
                        is being cared for by a relative;
                            ``(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; or
                            ``(iii) the State has not offered to the 
                        family of the child such services as the State 
                        deems appropriate, if reasonable efforts are 
                        required to be made with respect to the 
                        child.''.
    (b) Limitation on Applicability.--The amendments made by subsection 
(a) shall apply only to children entering foster care on or after 
October 1, 1997.

SEC. 3. ADOPTION INCENTIVE PAYMENTS.

    (a) In General.--Part E of title IV of the Social Security Act (42 
U.S.C. 670-679) is amended by inserting after section 473 the 
following:

``SEC. 473A. ADOPTION INCENTIVE PAYMENTS.

    ``(a) Grant Authority.--Subject to the availability of such amounts 
as may be provided in appropriations Acts, the Secretary shall make a 
grant to each State that is an incentive-eligible State for a fiscal 
year in an amount equal to the adoption incentive payment payable to 
the State for the fiscal year under this section, which shall be 
payable in the immediately succeeding fiscal year.
    ``(b) Incentive-Eligible State.--A State is an incentive-eligible 
State for a fiscal year if--
            ``(1) the State has a plan approved under this part for the 
        fiscal year;
            ``(2) the number of foster child adoptions in the State 
        during the fiscal year exceeds the base number of foster child 
        adoptions for the State for the fiscal year;
            ``(3) the State is in compliance with subsection (c) for 
        the fiscal year; and
            ``(4) the fiscal year is any of fiscal years 1998 through 
        2002.
    ``(c) Data Requirements.--
            ``(1) In general.--A State is in compliance with this 
        subsection for a fiscal year if the State has provided to the 
        Secretary the data described in paragraph (2) for fiscal year 
        1997 (or, if later, the fiscal year that precedes the 1st 
        fiscal year for which the State seeks a grant under this 
        section) and for each succeeding fiscal year.
            ``(2) Determination of numbers of adoptions.--
                    ``(A) Determinations based on afcars data.--Except 
                as provided in subparagraph (B), the Secretary shall 
                determine the numbers of foster child adoptions and of 
                special needs adoptions in a State during each of 
                fiscal years 1997 through 2002, for purposes of this 
                section, on the basis of data meeting the requirements 
                of the system established pursuant to section 479, as 
                reported by the State in May of the fiscal year and in 
                November of the succeeding fiscal year, and approved by 
                the Secretary by April 1 of the succeeding fiscal year.
                    ``(B) Alternative data sources permitted for fiscal 
                year 1997.--For purposes of the determination described 
                in subparagraph (A) for fiscal year 1997, the Secretary 
                may use data from a source or sources other than that 
                specified in subparagraph (A) that the Secretary finds 
                to be of equivalent completeness and reliability, as 
                reported by a State by November 30, 1997, and approved 
                by the Secretary by March 1, 1998.
            ``(3) No waiver of afcars requirements.--This section shall 
        not be construed to alter or affect any requirement of section 
        479 or any regulation prescribed under such section with 
        respect to reporting of data by States, or to waive any penalty 
        for failure to comply with the requirements.
    ``(d) Adoption Incentive Payment.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        adoption incentive payment payable to a State for a fiscal year 
        under this section shall be equal to the sum of--
                    ``(A) $4,000, multiplied by amount (if any) by 
                which the number of foster child adoptions in the State 
                during the fiscal year exceeds the base number of 
                foster child adoptions for the State for the fiscal 
                year; and
                    ``(B) $2,000, multiplied by the amount (if any) by 
                which the number of special needs adoptions in the 
                State during the fiscal year exceeds the base number of 
                special needs adoptions for the State for the fiscal 
                year.
            ``(2) Pro rata adjustment if insufficient funds 
        available.--If the total amount of adoption incentive payments 
        otherwise payable under this section for a fiscal year exceeds 
        $15,000,000, the amount of the adoption incentive payment 
        payable to each State under this section for the fiscal year 
        shall be--
                    ``(A) the amount of the adoption incentive payment 
                that would otherwise be payable to the State under this 
                section for the fiscal year; multiplied by
                    ``(B) the percentage represented by $15,000,000, 
                divided by the total amount of adoption incentive 
                payments otherwise payable under this section for the 
                fiscal year.
    ``(e) 2-Year Availability of Incentive Payments.--Payments to a 
State under this section in a fiscal year shall remain available for 
use by the State through the end of the succeeding fiscal year.
    ``(f) Limitations on Use of Incentive Payments.--A State shall not 
expend an amount paid to the State under this section except to provide 
to children or families any service (including post adoption services) 
that may be provided under part B or E. Amounts expended by a State in 
accordance with the preceding sentence shall be disregarded in 
determining State expenditures for purposes of Federal matching 
payments under section 474.
    ``(g) Definitions.--As used in this section:
            ``(1) Foster child adoption.--The term `foster child 
        adoption' means the final adoption of a child who, at the time 
        of adoptive placement, was in foster care under the supervision 
        of the State.
            ``(2) Special needs adoption.--The term `special needs 
        adoption' means the final adoption of a child for whom an 
        adoption assistance agreement is in effect under section 473.
            ``(3) Base number of foster child adoptions.--The term 
        `base number of foster child adoptions for a State' means, with 
        respect to a fiscal year, the largest number of foster child 
        adoptions in the State in fiscal year 1997 (or, if later, the 
        1st fiscal year for which the State has furnished to the 
        Secretary the data described in subsection (c)(2)) or in any 
        succeeding fiscal year preceding the fiscal year.
            ``(4) Base number of special needs adoptions.--The term 
        `base number of special needs adoptions for a State' means, 
        with respect to a fiscal year, the largest number of special 
        needs adoptions in the State in fiscal year 1997 (or, if later, 
        the 1st fiscal year for which the State has furnished to the 
        Secretary the data described in subsection (c)(2)) or in any 
        succeeding fiscal year preceding the fiscal year.
    ``(h) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For grants under this section, there are 
        authorized to be appropriated to the Secretary $15,000,000 for 
        each of fiscal years 1999 through 2003.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) are authorized to remain available until expended, but not 
        after fiscal year 2003.''.
    (b) Discretionary Cap Adjustment for Adoption Incentive Payments.--
            (1) Section 251 amendment.--Section 251(b)(2) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 901(b)(2)) is amended by adding at the end the 
        following:
                    ``(I) Adoption incentive payments.--Whenever a bill 
                or joint resolution making appropriations for fiscal 
                year 1999, 2000, 2001, or 2002 is enacted that 
                specifies an amount for adoption incentive payments for 
                the Department of Health and Human Services--
                            ``(i) the adjustments for new budget 
                        authority shall be the amounts of new budget 
                        authority provided in that measure for adoption 
                        incentive payments, but not to exceed 
                        $15,000,000; and
                            ``(ii) the adjustment for outlays shall be 
                        the additional outlays flowing from such 
                        amount.''.
            (2) Section 606 amendment.--Section 606 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 665e) is amended by 
adding at the end the following:
    ``(f) Adoption Incentive Payments Adjustment.--
            ``(1) Committee requirements.--
                    ``(A) New budget authority and outlays.--
                            ``(i) In general.--When the Committee on 
                        Appropriations reports an appropriation measure 
                        for fiscal year 1999, 2000, 2001, 2002, or 2003 
                        that specifies an amount for adoption incentive 
                        payments for the Department of Health and Human 
                        Services, or when a conference committee 
                        submits a conference report thereon, the 
                        chairman of the Committee on the Budget of the 
                        Senate or House of Representatives (whichever 
                        is appropriate) shall--
                                    ``(I) make adjustments for the 
                                amounts of new budget authority 
                                provided by that appropriation measure 
                                for such payments, which shall be the 
                                amount of new budget authority provided 
                                in that measure for adoption incentive 
                                payments, but not to exceed 
                                $15,000,000; and
                                    ``(II) make adjustment for outlays, 
                                which shall be in an amount equal to 
                                the additional outlays flowing from 
                                such amount.
                            ``(ii) Reversal.--If the adjustments 
                        referred to in the preceding sentence are made 
                        for an appropriations measure that is not 
                        enacted into law, then the chairman of the 
                        Committee on the Budget of the House of 
                        Representatives shall, as soon as practicable, 
                        reverse those adjustments.
                            ``(iii) Publication.--The chairman of the 
                        Committee on the Budget of the House of 
                        Representatives shall submit any adjustments 
                        made under this subparagraph to the House of 
                        Representatives and have such adjustments 
                        published in the Congressional Record.
                    ``(B) Adjustments referred to.--The adjustments 
                referred to in this paragraph consist of adjustments 
                to--
                            ``(i) the discretionary spending limits for 
                        that fiscal year as set forth in the most 
                        recently adopted concurrent resolution on the 
                        budget;
                            ``(ii) the allocations to the Committees on 
                        Appropriations of the Senate and the House of 
                        Representatives for that fiscal year under 
                        sections 302(a) and 602(a); and
                            ``(iii) the appropriate budgetary 
                        aggregates for that fiscal year in the most 
                        recently adopted concurrent resolution on the 
                        budget.
                    ``(C) Application.--The adjusted discretionary 
                spending limits, allocations, and aggregates under this 
                paragraph shall be considered the appropriate limits, 
                allocations, and aggregates for purposes of 
                congressional enforcement of this Act and concurrent 
                budget resolutions under this Act.
            ``(2) Reporting revised suballocations.--Following the 
        adjustments made under paragraph (1), the Committees on 
        Appropriations of the Senate and the House of Representatives 
        may report appropriately revised suballocations pursuant to 
        sections 302(b) and 602(b) of this Act to carry out this 
        subsection.
            ``(3) Definition.--In this section, the term `adoption 
        incentive payments' has the meaning given that term in section 
        251(b)(2)(I) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.''.

SEC. 4. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE HEARD.

    Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as 
amended by section 2 of this Act, is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) the foster parents (if any) of a child and 
                any relative providing care for the child are provided 
                with notice of, and an opportunity to be heard in, any 
                review or hearing to be held with respect to the child, 
                except that this subparagraph shall not be construed to 
                make any foster parent a party to such a review or 
                hearing.''.

SEC. 5. KINSHIP CARE.

    (a) Report.--
            (1) In general.--The Secretary of Health and Human Services 
        shall--
                    (A) not later than March 1, 1998, convene the 
                advisory panel provided for in subsection (b)(1) and 
                prepare and submit to the advisory panel an initial 
                report on the extent to which children in foster care 
                are placed in the care of a relative (in this section 
                referred to as ``kinship care''); and
                    (B) not later than November 1, 1998, submit to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate a final report on the matter described in 
                subparagraph (A), which shall--
                            (i) be based on the comments submitted by 
                        the advisory panel pursuant to subsection 
                        (b)(2) and other information and 
                        considerations; and
                            (ii) include the policy recommendations of 
                        the Secretary with respect to the matter.
            (2) Required contents.--Each report required by paragraph 
        (1) shall--
                    (A) include, to the extent available for each 
                State, information on--
                            (i) the policy of the State regarding 
                        kinship care;
                            (ii) the characteristics of the kinship 
                        care providers (including age, income, 
                        ethnicity, and race);
                            (iii) the characteristics of the household 
                        of such providers (such as number of other 
                        persons in the household and family 
                        composition);
                            (iv) how much access to the child is 
                        afforded to the parent from whom the child has 
                        been removed;
                            (v) the cost of, and source of funds for, 
                        kinship care (including any subsidies such as 
                        medicaid and cash assistance);
                            (vi) the goal for a permanent living 
                        arrangement for the child and the actions being 
                        taken by the State to achieve the goal;
                            (vii) the services being provided to the 
                        parent from whom the child has been removed; 
                        and
                            (viii) the services being provided to the 
                        kinship care provider; and
                    (B) specifically note the circumstances or 
                conditions under which children enter kinship care.
    (b) Advisory Panel.--
            (1) Establishment.--The Secretary of Health and Human 
        Services, in consultation with the Chairman of the Committee on 
        Ways and Means of the House of Representatives and the Chairman 
        of the Committee on Finance of the Senate, shall convene an 
        advisory panel which shall include parents, foster parents, 
        former foster children, State and local public officials 
        responsible for administering child welfare programs, private 
        persons involved in the delivery of child welfare services, 
        representatives of tribal governments and tribal courts, 
        judges, and academic experts.
            (2) Duties.--The advisory panel convened pursuant to 
        paragraph (1) shall review the report prepared pursuant to 
        subsection (a), and, not later than July 1, 1998, submit to the 
        Secretary comments on the report.

SEC. 6. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE 
              SERVICES.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended--
            (1) in subsection (a)--
                    (A) by striking ``or enforcing child custody or 
                visitation orders'' and inserting ``or making or 
                enforcing child custody or visitation orders''; and
                    (B) in paragraph (1)--
                            (i) by striking the comma at the end of 
                        subparagraph (C) and inserting ``; or''; and
                            (ii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) who has or may have parental rights with 
                respect to a child,''; and
            (2) in subsection (c)--
                    (A) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(4) a State agency that is administering a program 
        operated under a State plan under subpart 1 of part B, or a 
        State plan approved under subpart 2 of part B or under part 
        E.''.

SEC. 7. PERFORMANCE OF STATES IN PROTECTING CHILDREN.

    The Secretary of Health and Human Services, in consultation with 
the American Public Welfare Association, the National Governors' 
Association, and persons or organizations devoted to child advocacy, 
shall--
            (1) develop a set of outcome measures (including length of 
        stay in foster care, number of foster care placements, and 
        number of adoptions) that can be used to assess the performance 
        of States in operating child protection and child welfare 
        programs pursuant to parts B and E of title IV of the Social 
        Security Act to ensure the safety of children;
            (2) to the maximum extent possible, the outcome measures 
        should be developed from data available from the Adoption and 
        Foster Care Analysis and Reporting System;
            (3) develop a system for rating the performance of States 
        with respect to the outcome measures, and provide to the States 
        an explanation of the rating system and how scores are 
        determined under the rating system;
            (4) prescribe such regulations as may be necessary to 
        ensure that States provide to the Secretary the data necessary 
        to determine State performance with respect to each outcome 
        measure, as a condition of the State receiving funds under part 
        E of title IV of the Social Security Act;
            (5) on May 1, 1999, and annually thereafter, prepare and 
        submit to the Congress a report on the performance of each 
        State on each outcome measure, which shall examine the reasons 
        for high performance and low performance and, where possible, 
        make recommendations as to how State performance could be 
        improved.

SEC. 8. TECHNICAL ASSISTANCE.

    (a) In General.--The Secretary of Health and Human Services may, 
directly or through grants or contracts, provide technical assistance 
to assist States and local communities to reach their targets for 
increased numbers of adoptions and, to the extent that adoption is not 
possible, alternative permanent placements, for children in foster 
care.
    (b) Limitations.--The technical assistance provided under 
subsection (a) shall support the goal of encouraging more adoptions out 
of the foster care system, when adoptions promote the best interests of 
children, and shall include the following:
            (1) The development of best practice guidelines for 
        expediting termination of parental rights.
            (2) Models to encourage the use of concurrent planning.
            (3) The development of specialized units and expertise in 
        moving children toward adoption as a permanency goal.
            (4) The development of risk assessment tools to facilitate 
        early identification of the children who will be at risk of 
        harm if returned home.
            (5) Models to encourage the fast tracking of children who 
        have not attained 1 year of age into pre-adoptive placements.
            (6) Development of programs that place children into pre-
        adoptive families without waiting for termination of parental 
        rights.
    (c) Limitations on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated to the Secretary 
of Health and Human Services not to exceed $10,000,000 for each of 
fiscal years 1998 through 2000.

SEC. 9. CLARIFICATION OF ELIGIBLE POPULATION FOR INDEPENDENT LIVING 
              SERVICES.

    Section 477(a)(2)(A) of the Social Security Act (42 U.S.C. 
677(a)(2)(A)) is amended by inserting ``(including children with 
respect to whom such payments are no longer being made because the 
child has accumulated assets, not to exceed $5,000, which are otherwise 
regarded as resources for purposes of determining eligibility for 
benefits under this part)'' before the comma.

SEC. 10. COORDINATED SERVICES DEMONSTRATION GRANTS.

    (a) Authority To Make Grants.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') may make not 
        more than 10 demonstration grants under this section to 
        juvenile courts with jurisdiction over localities within a 
        State that have the authority to remove children, temporarily 
        or permanently, from the custody of the parents or legal 
        guardians of such children and to place such children in foster 
        care or other out-of-home care, in order to assist the 
        coordination of support services for children and youth.
            (2) Applications.--In order to receive a grant under this 
        section, a juvenile court described in paragraph (1) shall 
        submit an application to the Secretary at such time, in such 
        manner, and accompanied by such information as the Secretary 
        may reasonably require.
    (b) Use of Funds.--
            (1) In general.--Funds received under this section may only 
        be used to pay for up to 80 percent of the expenditures 
        incurred with respect to the coordination of support services 
        for children and youth.
            (2) Non-federal share.--The percentage of expenditures 
        described in paragraph (1) that is not paid for with funds 
        received under this section shall be supplied from sources 
        other than the Federal Government and may be made in cash or in 
        kind, fairly evaluated, and may include payment through 
        equipment or services.
    (c) Local Service Delivery Coordination Council.--
            (1) Requirements.--A juvenile court that receives a grant 
        under subsection (a) shall, in conjunction with other local 
        social service and law enforcement agencies, establish a local 
        service delivery coordination council that consists of not more 
        than 15 members and should include the following:
                    (A) The chairperson of the county board of 
                commissioners or his or her designee.
                    (B) The director of the local child protection and 
                welfare agency.
                    (C) The superintendent of the largest local school 
                system serving students within the jurisdiction of the 
                juvenile court.
                    (D) The director of the local public health agency.
                    (E) A public safety representative, such as the 
                local chief of police, sheriff, or prosecutor.
                    (F) A child development specialist.
                    (G) The director of the local substance abuse 
                treatment board.
                    (H) The director of the local mental health service 
                agency.
                    (I) The director of the local mental retardation 
                service agency.
                    (J) A representative of private, not-for-profit 
                agencies that serve children in the community.
                    (K) Such other individuals as may be appropriate, 
                such as representatives of private charitable 
                organizations.
            (2) Plans.--Each local service delivery coordination 
        council established under this subsection shall develop a 
        coordinated service delivery plan that includes the 
        establishment of--
                    (A) formal channels of communication between public 
                agencies and organizations responsible for service 
                delivery to children and youth;
                    (B) cooperative service delivery agreements between 
                public agencies and organizations responsible for 
                children and youth services, including private 
                charitable organizations; and
                    (C) procedures to better coordinate interagency 
                budgeting and planning for children and youth services.
    (d) Reports.--
            (1) By juvenile courts.--Each juvenile court that receives 
        a grant under subsection (a) shall submit a report to the 
        Secretary that includes--
                    (A) a description of the local coordinated service 
                delivery plan developed under subsection (c)(2);
                    (B) a timetable for implementation of the local 
                coordinated service delivery plan;
                    (C) the identification of any Federal, State, or 
                local regulations that impede local coordinated service 
                delivery to children and youth;
                    (D) recommendations for administrative or 
                legislative action to provide for greater coordination 
                of local service delivery to children and youth;
                    (E) an accounting of the local budget savings, if 
                any, resulting from the implementation of the local 
                coordinated service delivery plan developed under 
                subsection (c)(2); and
                    (F) any other information the juvenile court may 
                deem appropriate.
            (2) By the secretary.--The Secretary shall annually submit 
        a report to the appropriate committees of Congress on the 
        success of the demonstration grants made under this section.
    (e) Authorizations of Appropriation.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 1998, 1999, and 2000.

SEC. 11. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect 
on October 1, 1997.
    (b) Delay Permitted If State Legislation Required.--In the case of 
a State plan under part B or E of 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>