Short title

This Act may be cited as the

Adoption Equality Act of 2007

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 2005, States placed nearly 52,000 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 2005, more than 115,000 children in foster care were waiting to be adopted. (5)Some States have chosen to limit services provided to special needs adopted children who are not eligible for adoption assistance under part E of title IV of the Social Security Act, in effect discriminating against a child whose parental rights have been terminated by basing the child’s eligibility for such assistance on the financial status of adults who are no longer the child's legal parents. (6)These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after what may have been past years of abuse and neglect.

Promotion of adoption of children with special needs

(a)

In general

Section 473(a)(2) of the Social Security Act (42 U.S.C. 673(a)(2)) is amended to read as follows:

(2)(A)For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the 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, that continuation in the home would be contrary to the safety or welfare of the 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 a minor parent of the child 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, that continuation in the home would be contrary to the safety or welfare of the 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 adoptive 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, who is lawfully present in 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) of this paragraph, 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 such 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, a State shall not make a payment pursuant to this section to parents with respect to a child considered by a State to be a special needs child if the child— (i)is not a citizen or resident of the United States; and (ii)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 the child by the parents described in such subparagraph.

(c)

Determination of a child with special needs

Section 473(c)(1) of such Act (42 U.S.C. 673(c)(1)) is amended to read as follows:

(1)(A)the State has determined, pursuant to criteria established by the State, that the child cannot or should not be returned to the home of his or her parents; or (B)the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and

Sense of the Congress

It is the sense of the Congress that the States should reinvest in child welfare programs any savings resulting from the implementation of the amendments made by this Act.

Effective date

(a)

In general

Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2008, and shall apply with respect to adoption assistance agreements entered into, and to payments under part E of title IV of the Social Security Act for calendar quarters beginning, on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b)

Delay permitted if State legislation required

If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.