[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1450 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1450
To enhance pre- and post-adoptive support services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2019
Ms. Klobuchar (for herself and Mr. Blunt) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To enhance pre- and post-adoptive support services.
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 Adoptive Families Act''.
SEC. 2. ADOPTION SUPPORT SERVICES.
(a) Ensuring Well-Being of Adopted Children and Adoptive
Families.--Section 421 of the Social Security Act (42 U.S.C. 621) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) ensuring the well-being of adopted children and their
adoptive families and promoting efforts to prevent such
children from entering the foster care system through the
provision of pre- and post-adoptive support services; and''.
(b) Pre- and Post-Adoptive Support Services.--Paragraph (8) of
section 431(a) of such Act (42 U.S.C. 629a(a)) is amended to read as
follows:
``(8) Adoption promotion and support services.--
``(A) In general.--The term `adoption promotion and
support services' means services and activities
designed to encourage more adoptions out of the foster
care system and support domestic adoptions and
adoptions from other countries, consistent with
promoting the best interests of adopted children and
their adoptive families. Such services and activities
may include pre- and post-adoptive support services, as
described in subparagraph (B), that are designed to
support adopted children and their adoptive families.
``(B) Pre- and post-adoptive support services.--The
term `pre- and post-adoptive support services' means
the following:
``(i) Pre-adoptive support services, which
may include--
``(I) direct services, including
training, educational support,
counseling, and other services for
adoptive parents and families that
address caregiver interests and
concerns regarding common behavioral
issues, such as--
``(aa) issues relating to
emotional, behavioral, or
developmental health needs;
``(bb) issues relating to
attachment, identity,
abandonment, cultural
differences, grief, and loss;
and
``(cc) issues resulting
from birth defects due to fetal
alcohol syndrome or any other
substance abuse-related
developmental disorder;
``(II) the provision of educational
resources for adoptive parents
regarding the geographic, ethnic, and
cultural background of the adopted
child;
``(III) peer-to-peer mentoring and
support groups that permit a newly
adoptive parent to communicate and
learn from more experienced adoptive
parents, including programs that
enhance communication between adoptive
parents with children of similar
geographic, ethnic, or cultural
backgrounds; and
``(IV) the provision of
informational resources for adoptive
parents, including--
``(aa) resources available
through Federal and State
agencies, including information
regarding benefits for children
with a medical condition or a
physical, mental, or emotional
disability;
``(bb) newsletters, Web
sites, and other informational
resources regarding adoption-
related services;
``(cc) the establishment of
lending libraries containing
information and resources for
adoptive parents; and
``(dd) conferences,
discussion groups, and seminars
that are available to adoptive
parents and other relevant
stakeholders.
``(ii) Post-adoptive support services,
which may include--
``(I) continued provision to
adoptive parents of pre-adoptive
support services described in clause
(i);
``(II) the provision of accessible
and reliable respite services for
adoptive parents;
``(III) direct services and
counseling for adopted children,
including, as appropriate--
``(aa) support services for
an adopted child with
emotional, behavioral, or
developmental health needs;
``(bb) support services
that address issues relating to
attachment, identity,
abandonment, cultural
differences, grief, and loss;
and
``(cc) treatment services
that are specialized for
adopted children, including
psychiatric residential
services, outpatient mental
health services, social skills
training, intensive in-home
supervision services,
recreational therapy, suicide
prevention, and substance abuse
treatment;
``(IV) peer-to-peer mentoring and
support groups that allow adopted
children to communicate and socialize
with other adopted children, including
programs that provide for communication
between adopted children from similar
geographic, ethnic, or cultural
backgrounds; and
``(V) crisis and family
preservation services, including crisis
counseling and a 24-hour emergency
hotline for adoptive parents.''.
SEC. 3. FUNDING FOR ADOPTION SUPPORT SERVICES.
Paragraph (8) of section 473(a) of the Social Security Act (42
U.S.C. 673(a)) is amended to read as follows:
``(8) With respect to the amount of savings (if any) in
State expenditures under this part resulting from the
application of paragraph (2)(A)(ii) to all applicable children
for a fiscal year, a State shall--
``(A) spend a significant portion of such amount to
provide pre- and post-adoptive support services (as
defined in section 431(a)(8)(B));
``(B) spend the remainder of such amount to provide
to children or families any other services that may be
provided under this part or part B; and
``(C) on an annual basis, submit to the Secretary a
report that provides a detailed account of any services
that were funded pursuant to this paragraph.''.
SEC. 4. FEDERAL GRANT PROGRAM FOR POST-ADOPTION MENTAL HEALTH SERVICES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520N. POST-ADOPTION 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 State-sponsored Statewide or
tribal post-adoption mental health service programs for all
adopted children;
``(2) support public organization and private nonprofit
organizations actively involved in State-sponsored Statewide or
tribal post-adoption mental health service programs;
``(3) collect and analyze data on State-sponsored Statewide
or tribal post-adoption 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 adopted
children and their families for use by teachers, social
workers, and other community mental health service providers;
and
``(5) develop and provide materials for potential adoptive
parents, both for domestic adoptions and adoptions from other
countries, describing the possible need for post-adoption
mental health services and available resources.
``(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 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) or an urban
Indian organization (as defined in the Indian Health
Care Improvement Act) that is actively involved in the
development and continuation of a post-adoption 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 competency among mental health
providers, adoption lawyers, social workers, case workers, and adoptive
parents.
``(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-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;
``(C) health and education specialists who focus on
adoption and foster care medicine;
``(D) youth who have been in foster care or
adopted, domestically or from other countries;
``(E) families and friends of youth who have been
in foster care or adopted, domestically or from other
countries; and
``(F) qualified professionals who possess the
specialized knowledge, skills, experience, and relevant
attributes needed to serve adopted children 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-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, the
placement of children in foster care and for adoption,
and the provision of post-adoption 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 of the activities conducted
with grants, collaborations, and consultations under
this section.
``(g) Definitions.--In this section:
``(1) Adopted child.--The term `adopted child' means an
individual who is under 21 years of age and was adopted from
foster care, through a private placement agency, or from
another country.
``(2) Adoption competency.--The term `adoption competency'
means an understanding of--
``(A) the nature of adoption as a form of family
formation and the different types of adoption;
``(B) relevant emotional and physical issues
involved in the adoption process, including issues
relating to separation, loss, attachment, abuse,
trauma, and neglect;
``(C) common developmental challenges associated
with adoption;
``(D) the characteristics and skills that allow for
successful adoptive families;
``(E) proper sensitivity with respect to the
different geographic, ethnic, or cultural backgrounds
of adopted children and adoptive families; and
``(F) the necessary skills for effectively
advocating on behalf of birth and adoptive families.
``(3) Post-adoption mental health services.--The term
`post-adoption mental health services' includes--
``(A) direct services, including training,
educational support, counseling, and other services for
adoptive parents and families that address caregiver
interests and concerns regarding child behavioral
issues that are common among adopted children and
children in foster care, including, as appropriate--
``(i) caring for an adopted child with
emotional, behavioral, or developmental health
needs; and
``(ii) providing for the emotional needs of
an adopted child, 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 to communicate and
learn from more experienced adoptive parents;
``(C) the provision of informational resources and
available services for adoptive parents;
``(D) direct services, including counseling, peer-
to-peer mentoring and support groups, and other
services for adopted children that address common
behavioral and adjustment issues, including, as
appropriate--
``(i) support services for an adopted child
with emotional, behavioral, or developmental
health needs;
``(ii) support services that address the
emotional needs of an adopted child, including
issues relating to attachment, identity,
abandonment, cultural differences, grief, and
loss; and
``(iii) treatment services that are
specialized for adopted children, 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 adopted children to communicate and
socialize with other adopted children; and
``(F) crisis intervention and family preservation
services.
``(h) Funding for Post-Adoption Mental Health Services.--From
amounts appropriated to carry out title III, V, or XIX of the Public
Health Service Act for each fiscal year, $20,000,000 shall be used by
the Secretary in each such fiscal year to fund services and programs
authorized under this section.''.
SEC. 5. DATA COLLECTION ON ADOPTION DISRUPTION AND DISSOLUTION.
(a) In General.--Section 479 of the Social Security Act (42 U.S.C.
679) is amended by adding at the end the following new subsection:
``(e)(1) Not later than 12 months after the date of enactment of
the Supporting Adoptive Families Act, the Secretary shall, as part of
the data collection system established under this section, promulgate
final regulations providing for the collection and analysis of
information regarding children who enter into State custody as a result
of the disruption of a placement for adoption or the dissolution of an
adoption, which shall require States to collect and report--
``(A) information on children who are adopted within the
United States or from other countries and who enter into State
custody as a result of the disruption of a placement for
adoption or the dissolution of an adoption, including--
``(i) the number of children who enter into State
custody as a result of--
``(I) the disruption of placement for
adoption; or
``(II) the dissolution of an adoption; and
``(ii) for each child identified under clause (i)--
``(I) as applicable, the country of birth
for any child who was not born in the United
States;
``(II) the length of the adoption placement
prior to disruption or dissolution;
``(III) the age of the child at the time of
the disruption or dissolution;
``(IV) the reason for the disruption or
dissolution; and
``(V) the agencies who handled the
placement for adoption; and
``(B) such other information as determined appropriate by
the Secretary.
``(2) The information described in paragraph (1) shall be used--
``(A) to consolidate and expand the collection of
information on adoption disruption and dissolution;
``(B) to improve research and data collection systems in
order to more accurately determine and measure the rates,
outcomes, and causes of adoption disruption and dissolution;
``(C) to identify pre- and post-adoptive support services
(including services described in section 431(a)(8)(B)) that
result in lower rates of disruption and dissolution of
adoptions;
``(D) to develop an understanding of the relationship
between the rate of incidence of adoption disruptions and
dissolutions and the support services that are provided to
adoptive families in order to identify and develop effective
evidence-based strategies, programs, and support services that
help to prevent adoption disruption and dissolution; and
``(E) to develop and enhance training and educational
services regarding strategies for prevention of adoption
disruption and dissolution.
``(3)(A) Not later than 6 months after the date of enactment of the
Supporting Adoptive Families Act, the Secretary shall, subject to
subparagraph (B), establish an advisory committee to study methods to
effectively collect data regarding disruption and dissolution of
adoptions that are not included in the data collection system
established under this section, including--
``(i) data on children whose adoptions are disrupted or
dissolved but do not enter into State custody as a result of
such disruption or dissolution;
``(ii) data on adoption displacements, whereby an adopted
child is temporarily placed out of the home of an adoptive
parent in order to receive medical, mental health, behavioral,
or other forms of treatment; and
``(iii) such other data as determined appropriate by the
Secretary.
``(B) The membership and organization of the advisory committee
described in subparagraph (A) shall be determined by the Secretary and
shall include--
``(i) State and child welfare agencies that are engaged in
the placement of children for adoption domestically or from
other countries;
``(ii) local and national organizations that serve adopted
children and children in foster care; and
``(iii) members of State and local judiciary and court
staff.
``(C) Not later than 12 months after establishment of the advisory
committee described in subparagraph (A), the Secretary shall submit to
the appropriate committees of Congress a report containing
recommendations of the advisory committee for improvement of the data
collection system established under this section.''.
(b) Annual Report.--Section 479A(a) of the Social Security Act (42
U.S.C. 679b(a)) is amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) include in the report submitted pursuant to paragraph
(5) for fiscal year 2020 or any succeeding fiscal year,
national and State-by-State data on the numbers and rates of
disruptions and dissolutions of adoptions, as collected
pursuant to section 479(e)(1).''.
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