[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3490 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3490

To amend the Public Health Service Act to authorize grants to eligible 
entities to develop and implement statewide or tribal post-adoption and 
post-legal guardianship mental health service programs for all children 
    who are adopted or placed in legal guardianship, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2017

 Mr. Langevin (for himself, Mr. Danny K. Davis of Illinois, Ms. Bass, 
Mrs. Lawrence, and Mr. Marino) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to authorize grants to eligible 
entities to develop and implement statewide or tribal post-adoption and 
post-legal guardianship mental health service programs for all children 
    who are adopted or placed in legal guardianship, 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.

    This Act may be cited as the ``Supporting Adopted Children and 
Families Act of 2017''.

SEC. 2. FEDERAL GRANT PROGRAM FOR POST-ADOPTION AND POST-LEGAL 
              GUARDIANSHIP MENTAL HEALTH SERVICES.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-3 et seq.) is amended by adding at the end the following:

``SEC. 520N. POST-ADOPTION AND POST-LEGAL GUARDIANSHIP MENTAL HEALTH 
              SERVICES.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary, shall award grants or cooperative agreements to eligible 
entities to--
            ``(1) develop and implement statewide or tribal post-
        adoption and post-legal guardianship mental health service 
        programs for all children who are adopted or placed in legal 
        guardianship;
            ``(2) support public organization and private nonprofit 
        organizations actively involved in statewide or tribal post-
        adoption and post-legal guardianship mental health service 
        programs;
            ``(3) collect and analyze data on State-sponsored statewide 
        or tribal post-adoption and post-legal guardianship mental 
        health service programs that can be used to monitor the 
        effectiveness of such services and for research, technical 
        assistance, and policy development;
            ``(4) develop and provide educational and training 
        opportunities concerning the mental health needs of children 
        who are adopted or placed in legal guardianship, and their 
        families, for use by teachers, social workers, and other 
        community mental health service providers;
            ``(5) develop and provide materials for potential adoptive 
        parents and legal guardians, both for children who already 
        reside in the United States at the time of the adoption or 
        placement in legal guardianship and for those who at such time 
        reside in other countries, describing the possible need for 
        post-adoption and post-legal guardianship mental health 
        services and available resources;
            ``(6) develop and provide respite care services for 
        adoptive and legal guardian families; and
            ``(7) support research on, and development of, best 
        practices for post-adoption and post-legal guardianship mental 
        health services.
    ``(b) Eligible Entity.--
            ``(1) Definition.--In this section, the term `eligible 
        entity' means--
                    ``(A) a State;
                    ``(B) a public organization or private nonprofit 
                organization designated by a State to develop or direct 
                the State-sponsored statewide post-adoption and post-
                legal guardianship mental health service program under 
                a grant under this section; and
                    ``(C) a Federally recognized Indian tribe or tribal 
                organization (as defined in the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.)) or an urban Indian organization (as 
                defined in the Indian Health Care Improvement Act (25 
                U.S.C. 1601 et seq.)) that is actively involved in the 
                development and continuation of a post-adoption and 
                post-legal guardianship mental health service program.
            ``(2) Limitation.--In carrying out this section, the 
        Secretary shall ensure that each State is awarded only 1 grant 
        or cooperative agreement under this section. For purposes of 
        the preceding sentence, a State shall be considered to have 
        been awarded a grant or cooperative agreement if the eligible 
        entity involved is the State or an entity designated by the 
        State under paragraph (1)(B). Nothing in this paragraph shall 
        be construed to apply to entities described in paragraph 
        (1)(C).
    ``(c) Preference.--In providing assistance under a grant or 
cooperative agreement under this section, the Secretary shall give 
preference to eligible entities that have demonstrated success in 
increasing the level of adoption and legal guardianship competency 
among mental health providers, adoption and legal guardianship lawyers, 
social workers, case workers, adoptive parents, and legal guardians.
    ``(d) Requirement for Direct Services.--Not less than 85 percent of 
funds received under a grant or cooperative agreement under this 
section shall be used to provide direct services, of which not less 
than 5 percent shall be used for activities authorized under subsection 
(a)(3).
    ``(e) Coordination and Collaboration.--
            ``(1) In general.--In carrying out this section, the 
        Secretary shall collaborate with relevant Federal agencies and 
        adoption and legal guardianship-related working groups to 
        promote interaction between domestic foster care agencies and 
        private adoption agencies in other countries.
            ``(2) Consultation.--In carrying out this section, the 
        Secretary shall consult with--
                    ``(A) State and social service agencies engaged in 
                the placement of children for adoption, domestically or 
                from other countries;
                    ``(B) local and national organizations that serve 
                foster and adopted youth and youth placed in legal 
                guardianship;
                    ``(C) health and education specialists who focus on 
                adoption, legal guardianship, and foster care medicine;
                    ``(D) youth who have been in foster care, adopted, 
                or in legal guardianship, domestically or from other 
                countries;
                    ``(E) families and friends of youth who have been 
                in foster care, adopted, or in legal guardianship, 
                domestically or from other countries; and
                    ``(F) qualified professionals who possess the 
                specialized knowledge, skills, experience, and relevant 
                attributes needed to serve children who are adopted or 
                placed in legal guardianship and their families.
            ``(3) Policy development.--In carrying out this section, 
        the Secretary shall--
                    ``(A) coordinate and collaborate on policy 
                development with the Administration for Children and 
                Families and other relevant Department of Health and 
                Human Services agencies and adoption and legal 
                guardianship-related working groups; and
                    ``(B) consult on policy development at the Federal 
                level with those in the private sector engaged in the 
                recruitment of foster and adoptive parents and legal 
                guardians, the placement of children in foster care, 
                for adoption, and in legal guardianship, and the 
                provision of post-adoption and post-legal guardianship 
                services.
    ``(f) Evaluation and Report.--
            ``(1) Evaluations by eligible entities.--Not later than 18 
        months after receipt of a grant or cooperative agreement under 
        this section, an eligible entity shall submit to the Secretary 
        the results of an evaluation to be conducted by the entity 
        concerning the effectiveness of the activities carried out 
        under the grant or agreement.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall submit to the 
        appropriate committees of Congress a report concerning the 
        results of--
                    ``(A) the evaluations conducted under paragraph 
                (1); and
                    ``(B) an evaluation conducted by the Secretary to 
                analyze the effectiveness and efficacy of the 
                activities conducted with grants, collaborations, and 
                consultations under this section.
    ``(g) Definitions.--In this section:
            ``(1) Adoption and legal guardianship competency.--The term 
        `adoption and legal guardianship competency' means an 
        understanding of--
                    ``(A) the nature of adoption and legal guardianship 
                as a form of family formation and the different types 
                of adoption and legal guardianship;
                    ``(B) relevant emotional and physical issues 
                involved in the adoption and legal guardianship 
                process, including issues relating to separation, loss, 
                attachment, abuse, trauma, and neglect;
                    ``(C) common developmental challenges associated 
                with adoption and legal guardianship;
                    ``(D) the characteristics and skills that allow for 
                successful adoptive and legal guardian families;
                    ``(E) proper sensitivity with respect to the 
                different geographic, ethnic, or cultural backgrounds 
                of children who are adopted or placed in legal 
                guardianship and their families; and
                    ``(F) the necessary skills for effectively 
                advocating on behalf of birth and adoptive and legal 
                guardian families.
            ``(2) Post-adoption and post-legal guardianship mental 
        health services.--The term `post-adoption and post-legal 
        guardianship mental health services' includes--
                    ``(A) adoption and legal guardianship competent 
                mental health direct services, including training, 
                educational support, counseling, and other services for 
                adoptive and legal guardian parents and families that 
                address caregiver interests and concerns regarding 
                child behavioral issues that are common among children 
                who are adopted, placed in legal guardianship, or 
                placed in foster care, including, as appropriate--
                            ``(i) caring for a child who is adopted or 
                        placed in legal guardianship and has emotional, 
                        behavioral, or developmental health needs; and
                            ``(ii) providing for the emotional needs of 
                        a child who is adopted or placed in legal 
                        guardianship, including issues relating to 
                        attachment, identity, abandonment, cultural 
                        differences, grief, and loss;
                    ``(B) peer-to-peer mentoring and support groups 
                that permit a newly adoptive parent or legal guardian 
                to communicate and learn from more experienced adoptive 
                parents and legal guardians;
                    ``(C) the provision of informational resources and 
                available services for adoptive parents and legal 
                guardians;
                    ``(D) direct services, including counseling, peer-
                to-peer mentoring and support groups, and other 
                services for children who are adopted or placed in 
                legal guardianship that address common behavioral and 
                adjustment issues, including, as appropriate--
                            ``(i) support services for a child who is 
                        adopted or placed in legal guardianship with 
                        emotional, behavioral, or developmental health 
                        needs;
                            ``(ii) support services that address the 
                        emotional needs of a child who is adopted or 
                        placed in legal guardianship, including issues 
                        relating to attachment, identity, abandonment, 
                        cultural differences, grief, and loss; and
                            ``(iii) treatment services that are 
                        specialized for children who are adopted or 
                        placed in legal guardianship, including 
                        psychiatric residential services, outpatient 
                        mental health services, social skills training, 
                        intensive in-home supervision services, 
                        recreational therapy, suicide prevention, and 
                        substance abuse treatment;
                    ``(E) peer-to-peer mentoring and support groups 
                that allow children who are adopted or placed in legal 
                guardianship to communicate and socialize with other 
                such children; and
                    ``(F) crisis intervention and family preservation 
                services.
    ``(h) Funding for Post-Adoption and Post-Legal Guardianship Mental 
Health Services.--From amounts appropriated to carry out titles III, V, 
or XIX of the Public Health Service Act for each fiscal year, 
$10,000,000 shall be used by the Secretary in each such fiscal year to 
fund services and programs authorized under this section.''.
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