II 109th CONGRESS 1st Session S. 1539 IN THE SENATE OF THE UNITED STATES July 28, 2005 Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.

1.

Short title

This Act may be cited as the Adoption Equality Act of 2005.

2.

Findings

Congress makes the following findings: (1)In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105–89; 111 Stat. 2115), clearly stating that a child’s health and safety are paramount, and that each child deserves a permanent home. (2)The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and for fiscal year 2002, States placed nearly 53,000 children from State care. (3)In 2003, the Adoption Promotion Act (Public Law 108–145, 117 Stat. 1879), which reauthorized the incentive program, gave greater emphasis on moving older children into permanency. (4)Despite the increase in adoptions, in 2003 more than 118,000 children in foster care have the permanency goal of adoption but are still waiting to be adopted. (5)These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after past years of abuse and neglect.

3.

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)(I)at the time of termination of parental rights was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include a judicial determination), that continuation in the home would be contrary to the safety or welfare of such child; (II)meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or (III)was residing in a foster family home or child care institution with the child’s minor parent (pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include judicial determination), that continuation in the home would be contrary to the safety or welfare of such child); and (ii)has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. (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) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). (C)A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). . (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)was adopted outside of the United States or was brought into the United States for the purpose of being adopted. (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. . (c)

Requirement for use of State savings

Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: (8)A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 3(a) of the Adoption Equality Act of 2005 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B. . (d)

Determination of a child with special needs

Section 473(c) of the Social Security Act (42 U.S.C. 673(c)) is amended to read as follows: (c)For purposes of this section, a child shall not be considered a child with special needs unless— (1)(A)the State has determined, pursuant to a criteria established by the State (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his parents; or (B)the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and (2)the State has determined— (A)that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; and (B)that except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX. . (e)

Effective date

The amendments made by this section shall take effect on October 1, 2005.