Unregulated custody transfers

(a)

In general

Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended—(1)by redesignating section 205 (42 U.S.C. 5115) as section 206; and(2)by inserting after section 204 the following:

205.

Sense of Congress, technical assistance, and report on unregulated custody transfers

(a)

Sense of Congress

It is the sense of Congress that—(1)there are challenges associated with some adoptions (including the child’s mental health needs and the difficulties many families face in accessing support services) and some families may seek out an unregulated transfer of physical custody of an adoptive child without any formal supervision by child welfare agencies or courts; (2)some adopted children experience trauma, and the disruption and placement in another home due to such a transfer may contribute to additional trauma and instability for such children;(3)unregulated custody transfers may not include certain safety measures that are required as part of formal adoption proceedings, such as required child welfare or criminal background checks or clearances;(4)child welfare agencies and courts may be unaware of the placement of children through unregulated custody transfers and, as a result, may not conduct assessments on children’s safety and well-being in such subsequent placements;(5)the lack of such assessments may result in the placement of children in homes in which the children may be exposed to unsafe environments;(6)the caregivers with whom a child is placed through an unregulated custody transfer may have no legal responsibility with respect to such child and may not have complete records, including the child’s birth, medical, or other records, with respect to such child;(7)a child adopted through intercountry adoption may be at risk of not acquiring United States citizenship if an unregulated custody transfer occurs before the adoptive parents complete all necessary steps to finalize the adoption of such child; and(8)unregulated custody transfers pose significant challenges for children who experience such transfers.(b)

Definition

For the purpose of this section, the term unregulated custody transfer—(1)means the abandonment of a child, by the child’s parent or legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian—(A)by placing the child with a person who is not—(i)the child’s parent, stepparent, grandparent, adult sibling, legal guardian, or other adult relative;(ii)a friend of the family who is an adult and with whom the child is familiar; or(iii)a member of the federally recognized Indian Tribe of which the child is also a member or eligible to be a member;(B)with the intent of severing the relationship between the child and the parent or guardian of such child; and(C)without—(i)reasonably ensuring the safety of the child and permanency of the placement of the child, including by conducting an official home study, background check, and supervision; and(ii)transferring the legal rights and responsibilities of parenthood or guardianship under applicable Federal and State law to a person described in clause (i), (ii), or (iii) of subparagraph (A); and(2)does not include the surrender of an infant to a safe haven by the parent or guardian of such infant, if such surrender is consistent with the safe haven law of the applicable State. (c)

Technical assistance and public awareness

The Secretary, in coordination with the heads of other relevant Federal agencies—(1)shall improve public awareness related to preventing adoption disruption and dissolution, including preventing unregulated custody transfers of adopted children; and(2)in carrying out paragraph (1), shall update Federal resources, including internet websites, to provide—(A)employees of State, local, and Tribal agencies that provide child welfare services with education materials related to preventing, identifying, and responding to unregulated custody transfers, including such materials containing information on adoption support and stability services for adoptive families and prospective adoptive families; and(B)prospective adoptive families with information on accessing pre-adoption education and post-adoption services from State, local, and private resources to promote child permanency.(d)

Report to Congress

(1)

In general

Not later than 2 years after the date of enactment of the Safe Home Act of 2023, the Secretary, in consultation with the Secretary of State, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives, a report on unregulated custody transfers of children, including of adopted children.(2)

Elements

The report required under paragraph (1) shall include—(A)information on the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet;(B)information on the effects of unregulated custody transfer on children, including the effects of the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer;(C)data on the prevalence of unregulated custody transfers within each State and across all States;(D)recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include—(i)suggested changes or updates to Federal and State law to address unregulated custody transfers;(ii)suggested changes or updates to child protection practices to address unregulated custody transfers; and(iii)methods of providing to the public information regarding adoption and child protection; and(E)a description of the activities carried out under subsection (c).

(b)

Conforming amendment

Section 203(d)(3)(A) of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113(d)(3)(A)) is amended by striking section 205(a) and inserting section 206(a).