[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12183-S12188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE ADOPTION PROMOTION ACT OF 1997

                                 ______
                                 

                        CRAIG AMENDMENT NO. 1614

  Mr. CRAIG proposed an amendment to the bill (H.R. 867) to promote the 
adoption of children in foster care; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Promotion 
     of Adoption, Safety, and Support for Abused and Neglected 
     Children (PASS) Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND 
                          ADOPTION PLACEMENTS

Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system 
              requirements.
Sec. 103. Multidisciplinary/multiagency child death review teams.
Sec. 104. States required to initiate or join proceedings to terminate 
              parental rights for certain children in foster care.
Sec. 105. Notice of reviews and hearings; opportunity to be heard.
Sec. 106. Use of the Federal Parent Locator Service for child welfare 
              services.
Sec. 107. Criminal records checks for prospective foster and adoptive 
              parents and group care staff.
Sec. 108. Documentation of efforts for adoption or location of a 
              permanent home.

   TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. State performance in protecting children.

             TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

Sec. 301. Expansion of child welfare demonstration projects.
Sec. 302. Permanency planning hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living 
              services.
Sec. 305. Reauthorization and expansion of family preservation and 
              support services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments 
              on behalf of children with special needs whose initial 
              adoption has been disrupted.
Sec. 308. State standards to ensure quality services for children in 
              foster care.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. National Voluntary Mutual Reunion Registry.
Sec. 405. Reduction in medicaid matching rate for skilled professional 
              medical personnel.

                        TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND 
                          ADOPTION PLACEMENTS

     SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS 
                   REQUIREMENT.

       (a) In General.--Section 471(a)(15) of the Social Security 
     Act (42 U.S.C. 671(a)(15)) is amended to read as follows:
       ``(15) provides that--
       ``(A) in determining reasonable efforts, as described in 
     this section, the child's health and safety shall be the 
     paramount concern;
       ``(B) reasonable efforts shall be made to preserve and 
     reunify families--
       ``(i) prior to the placement of a child in foster care, to 
     prevent or eliminate the need for removing the child from the 
     child's home when the child can be cared for at home without 
     endangering the child's health or safety; or
       ``(ii) to make it possible for the child to safely return 
     to the child's home;
       ``(C) reasonable efforts shall not be required on behalf of 
     any parent--
       ``(i) if a court of competent jurisdiction has made a 
     determination that the parent has--

       ``(I) committed murder (which would have been an offense 
     under section 1111(a) of title 18, United States Code, if the 
     offense had occurred in the special maritime or territorial 
     jurisdiction of the United States) of another child of the 
     parent;
       ``(II) committed voluntary manslaughter (which would have 
     been an offense under section 1112(a) of title 18, United 
     States Code, if the offense had occurred in the special 
     maritime or territorial jurisdiction of the United States) of 
     another child of the parent;
       ``(III) aided or abetted, attempted, conspired, or 
     solicited to commit such murder or voluntary manslaughter; or
       ``(IV) committed a felony assault that results in serious 
     bodily injury to the child or another child of the parent;

       ``(ii) if a court of competent jurisdiction determines that 
     returning the child to the home of the parent would pose a 
     serious risk to the child's health or safety (including but 
     not limited to cases of abandonment, torture, chronic 
     physical abuse, sexual abuse, or a previous involuntary 
     termination of parental rights with respect to a sibling of 
     the child); or
       ``(iii) if the State, through legislation, has specified 
     cases in which the State is not required to make reasonable 
     efforts because of serious circumstances that endanger a 
     child's health or safety;
       ``(D) if reasonable efforts of the type described in 
     subparagraph (B) are not made as a result of a determination 
     made by a court of competent jurisdiction in accordance with 
     subparagraph (C)--
       ``(i) a permanency planning hearing (as described in 
     section 475(5)(C)) shall be held for the child within 30 days 
     of such determination; and
       ``(ii) reasonable efforts shall be made to place the child 
     in a timely manner in accordance with the permanency plan, 
     and to complete whatever steps are necessary to finalize the 
     permanent placement of the child; and
       ``(E) reasonable efforts to place a child for adoption or 
     with a legal guardian or custodian may be made concurrently 
     with reasonable efforts of the type described in subparagraph 
     (B);''.
       (b) Conforming Amendment.--Section 472(a)(1) of such Act 
     (42 U.S.C. 672(a)(1)) is amended by inserting ``for a child'' 
     before ``have been made''.
       (c) Rule of Construction.--Nothing in part E of title IV of 
     the Social Security Act (42 U.S.C. 670 et seq.), as amended 
     by this Act, shall be construed as precluding State courts 
     from exercising their discretion to protect the health and 
     safety of children in individual cases, when such cases do 
     not include aggravated circumstances, as defined by State 
     law.

     SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW 
                   SYSTEM REQUIREMENTS.

       Title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
     is amended--

[[Page S12184]]

       (1) in section 422(b)(10)(B) (as redesignated by section 
     5592(a)(1)(A)(iii) of the Balanced Budget Act of 1997 (Public 
     Law 105-33; 111 Stat. 644))--
       (A) in clause (iii)(I), by inserting ``safe and'' after 
     ``where''; and
       (B) in clause (iv), by inserting ``safely'' after 
     ``remain''; and
       (2) in section 475--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``safety and'' after 
     ``discussion of the''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``safe and'' after ``child receives''; and
       (II) by inserting ``safe'' after ``return of the child to 
     his own''; and

       (B) in paragraph (5)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by inserting ``a safe setting that is'' after 
     ``placement in''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``the safety of the child,'' after 
     ``determine''; and
       (II) by inserting ``and safely maintained in'' after 
     ``returned to''.

     SEC. 103. MULTIDISCIPLINARY/MULTIAGENCY CHILD DEATH REVIEW 
                   TEAMS.

       (a) State Child Death Review Teams.--Section 471 of the 
     Social Security Act (42 U.S.C. 671) is amended by adding at 
     the end the following:
       ``(c)(1) In order to investigate and prevent child death 
     from fatal abuse and neglect, not later than 2 years after 
     the date of the enactment of this subsection, a State, in 
     order to be eligible for payments under this part, shall 
     submit to the Secretary a certification that the State has 
     established and is maintaining, in accordance with applicable 
     confidentiality laws, a State child death review team, and if 
     necessary in order to cover all counties in the State, child 
     death review teams on the regional or local level, that shall 
     review child deaths, including deaths in which--
       ``(A) there is a record of a prior report of child abuse or 
     neglect or there is reason to suspect that the child death 
     was caused by, or related to, child abuse or neglect; or
       ``(B) the child who died was a ward of the State or was 
     otherwise known to the State or local child welfare service 
     agency.
       ``(2) A citizen review panel established in accordance with 
     section 106(c) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5106a(c)) or a foster care review board may be 
     a State, regional, or local child death review team for 
     purposes of satisfying the requirements of paragraph (1).''.
       (b) Federal Child Death Review Team.--Section 471 of the 
     Social Security Act (42 U.S.C. 671), as amended by subsection 
     (a), is amended by adding at the end the following:
       ``(d)(1) The Secretary shall establish a Federal child 
     death review team that shall consist of at least the 
     following:
       ``(A) Representatives of the following Federal agencies who 
     have expertise in the prevention or treatment of child abuse 
     and neglect:
       ``(i) Department of Health and Human Services.
       ``(ii) Department of Justice.
       ``(iii) Bureau of Indian Affairs.
       ``(iv) Department of Defense.
       ``(v) Bureau of the Census.
       ``(B) Representatives of national child-serving 
     organizations who have expertise in the prevention or 
     treatment of child abuse and neglect and that, at a minimum, 
     represent the health, child welfare, social services, and law 
     enforcement fields.
       ``(2) The Federal child death review team established under 
     this subsection shall--
       ``(A) review reports of child deaths on military 
     installations and other Federal lands, and coordinate with 
     Indian tribal organizations in the review of child deaths on 
     Indian reservations;
       ``(B) upon request, provide guidance and technical 
     assistance to States and localities seeking to initiate or 
     improve child death review teams and to prevent child 
     fatalities; and
       ``(C) develop recommendations on related policy and 
     procedural issues for Congress, relevant Federal agencies, 
     and States and localities for the purpose of preventing child 
     fatalities.''.

     SEC. 104. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO 
                   TERMINATE PARENTAL RIGHTS FOR CERTAIN CHILDREN 
                   IN FOSTER CARE.

       (a) Requirement for Proceedings.--Section 475(5) of the 
     Social Security Act (42 U.S.C. 675(5)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) in the case of a child who has been in foster care 
     under the responsibility of the State for 12 of the most 
     recent 18 months, or, if a court of competent jurisdiction 
     has determined an infant to have been abandoned (as defined 
     under State law), or made a determination that the parent has 
     committed murder of another child of such parent, committed 
     voluntary manslaughter of another child of such parent, aided 
     or abetted, attempted, conspired, or solicited to commit such 
     murder or voluntary manslaughter, or committed a felony 
     assault that results in serious bodily injury to the 
     surviving child or to another child of such parent, the State 
     shall file a petition to terminate the parental rights of the 
     child's parents (or, if such a petition has been filed by 
     another party, seek to be joined as a party to the petition), 
     and, concurrently, to identify, recruit, process, and approve 
     a qualified family for an adoption, unless--
       ``(i) at the option of the State, the child is being cared 
     for by a relative;
       ``(ii) a State agency has documented to a State court a 
     compelling reason for determining that filing such a petition 
     would not be in the best interests of the child; or
       ``(iii) the State has not provided to the family of the 
     child such services as the State deems necessary for the safe 
     return of the child to the child's home.''.
       (b) Determination of Beginning of Foster Care.--Section 
     475(5) of the Social Security Act (42 U.S.C. 675(5)), as 
     amended by subsection (a), is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) a child shall be considered to have entered foster 
     care on the earlier of--
       ``(i) the date of the first judicial hearing on removal of 
     the child from the home; or
       ``(ii) that date that is 30 days after the date on which 
     the child is removed from the home.''.
       (c) Rule of Construction.--Nothing in part E of title IV of 
     the Social Security Act (42 U.S.C. 670 et seq.), as amended 
     by this Act, shall be construed as precluding State courts or 
     State agencies from initiating the termination of parental 
     rights for reasons other than, or for timelines earlier than, 
     those specified in part E of title IV of such Act, when such 
     actions are determined to be in the best interests of the 
     child, including cases where the child has experienced 
     multiple foster care placements of varying durations .
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the amendments made by this section shall apply to 
     children entering foster care under the responsibility of the 
     State after the date of enactment of this Act.
       (2) Transition rule for current and former foster care 
     children.--Subject to paragraph (3), the amendments made by 
     subsection (a) shall apply to children in foster care under 
     the responsibility of the State on or before the date of 
     enactment of this Act as though those children first entered 
     foster care on the date of enactment of this Act.
       (3) Delay permitted if state legislation required.--The 
     provisions of section 501(b) shall apply to the effective 
     date of the amendments made by this section.

     SEC. 105. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE 
                   HEARD.

       Section 475(5) of the Social Security Act (42 U.S.C. 
     675(5)), as amended by section 104(b), is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) the foster parents (if any) of a child and any 
     preadoptive parent, relative providing care for the child, or 
     any other individual who has provided substitute care for the 
     child are provided with notice of, and an opportunity to be 
     heard in, any review or hearing to be held with respect to 
     the child, except that this subparagraph shall not be 
     construed to require that any foster parent, preadoptive 
     parent, relative providing care for the child, or other 
     individual who has provided substitute care for the child be 
     made a party to such a review or hearing solely on the basis 
     of such notice and opportunity to be heard.''.

     SEC. 106. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD 
                   WELFARE SERVICES.

       Section 453 of the Social Security Act (42 U.S.C. 653), as 
     amended by section 5534(a) of the Balanced Budget Act of 
     1997, is amended--
       (1) in subsection (a)(2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or making or enforcing child custody or visitation 
     orders,'' after ``obligations,''; and
       (B) in subparagraph (A)--
       (i) by striking ``or'' at the end of clause (ii);
       (ii) by striking the comma at the end of clause (iii) and 
     inserting ``; or''; and
       (iii) by inserting after clause (iii) the following:
       ``(iv) who has or may have parental rights with respect to 
     a child,''; and
       (2) in subsection (c)--
       (A) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (B) by adding at the end the following:
       ``(4) a State agency that is administering a program 
     operated under a State plan under subpart 1 of part B, or a 
     State plan approved under subpart 2 of part B or under part 
     E.''.

     SEC. 107. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND 
                   ADOPTIVE PARENTS AND GROUP CARE STAFF.

       (a) Requirement for Criminal Records Checks.--Section 
     471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
     amended by section 5591(b) of the Balanced Budget Act of 
     1997, is amended--
       (1) by striking ``and'' at the end of paragraph (18);
       (2) by striking the period at the end of paragraph (19) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(20) provides procedures for Federal and State criminal 
     records checks for any prospective foster or adoptive parent 
     and any other adults residing in the household of

[[Page S12185]]

     such parent, and any employee of a residential child-care 
     institution before the foster parent or adoptive parent, or 
     the residential child-care institution may be finally 
     approved for placement of a child on whose behalf foster care 
     maintenance payments or adoption assistance payments are to 
     be made under the State plan under this part, including 
     procedures requiring that in any case in which a record check 
     reveals a criminal conviction of child abuse or neglect, or 
     of spousal abuse, a criminal conviction for crimes against 
     children (including child pornography), or a criminal 
     conviction for a crime involving violence, including rape, 
     sexual or other physical assault, battery, or homicide, 
     approval shall not be granted, and that, with respect to 
     drug-related offenses, if a State finds that a court of 
     competent jurisdiction has determined that such an offense 
     has been committed within the past 5 years, approval shall 
     not be granted.''.
       (b) Continued Applicability of State Laws.--The amendment 
     made by subsection (a) shall not be construed to supersede 
     any provision of State law that establishes, implements, or 
     continues in effect any standard or requirement relating to 
     criminal records checks and other background checks for 
     prospective foster and adoptive parents, and for employees of 
     a residential child-care institution, except to the extent 
     that such standard or requirement prevents the application of 
     the requirements added by such amendment.

     SEC. 108. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION 
                   OF A PERMANENT HOME.

       Section 475 of the Social Security Act (42 U.S.C. 675) is 
     amended--
       (1) in paragraph (1)--
       (A) in the last sentence--
       (i) by striking ``the case plan must also include''; and
       (ii) by redesignating such sentence as subparagraph (D) and 
     indenting appropriately; and
       (B) by adding at the end, the following:
       ``(E) In the case of a child with respect to whom the 
     State's plan is adoption or placement in another permanent 
     home, documentation of the steps the agency is taking to find 
     an adoptive family or other permanent living arrangement for 
     the child, to place the child with an adoptive family, a fit 
     and willing relative, a legal guardian, or in another planned 
     permanent living arrangement, and to finalize the adoption or 
     legal guardianship. At a minimum, such documentation shall 
     include child specific recruitment efforts such as the use of 
     State, regional, and national adoption exchanges including 
     electronic exchange systems.''; and
       (2) in paragraph (5)(B), by inserting ``(including the 
     requirement specified in paragraph (1)(E))'' after ``case 
     plan''.
   TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

     SEC. 201. ADOPTION INCENTIVE PAYMENTS.

       (a) In General.--Part E of title IV of the Social Security 
     Act (42 U.S.C. 670-679) is amended by inserting after section 
     473 the following:

     ``SEC. 473A. ADOPTION INCENTIVE PAYMENTS.

       ``(a) Grant Authority.--Subject to the availability of such 
     amounts as may be provided in advance in appropriations Acts 
     for this purpose, the Secretary may make a grant to each 
     State that is an incentive-eligible State for a fiscal year 
     in an amount equal to the adoption incentive payment payable 
     to the State for the fiscal year under this section, which 
     shall be payable in the immediately succeeding fiscal year.
       ``(b) Incentive-Eligible State.--A State is an incentive-
     eligible State for a fiscal year if--
       ``(1) the State has a plan approved under this part for the 
     fiscal year;
       ``(2) the number of foster child adoptions in the State 
     during the fiscal year exceeds the base number of foster 
     child adoptions for the State for the fiscal year;
       ``(3) the State is in compliance with subsection (c) for 
     the fiscal year;
       ``(4) the State provides health insurance coverage to any 
     child with special needs for whom there is in effect an 
     adoption assistance agreement between a State and an adoptive 
     parent or parents; and
       ``(5) the fiscal year is any of fiscal years 1998 through 
     2002.
       ``(c) Data Requirements.--
       ``(1) In general.--A State is in compliance with this 
     subsection for a fiscal year if the State has provided to the 
     Secretary the data described in paragraph (2) for fiscal year 
     1997 (or, if later, the fiscal year that precedes the 1st 
     fiscal year for which the State seeks a grant under this 
     section) and for each succeeding fiscal year.
       ``(2) Determination of numbers of adoptions.--
       ``(A) Determinations based on afcars data.--Except as 
     provided in subparagraph (B), the Secretary shall determine 
     the numbers of foster child adoptions and of special needs 
     adoptions in a State during each of fiscal years 1997 through 
     2002, for purposes of this section, on the basis of data 
     meeting the requirements of the system established pursuant 
     to section 479, as reported by the State in May of the fiscal 
     year and in November of the succeeding fiscal year, and 
     approved by the Secretary by April 1 of the succeeding fiscal 
     year.
       ``(B) Alternative data sources permitted for fiscal year 
     1997.--For purposes of the determination described in 
     subparagraph (A) for fiscal year 1997, the Secretary may use 
     data from a source or sources other than that specified in 
     subparagraph (A) that the Secretary finds to be of equivalent 
     completeness and reliability, as reported by a State by 
     November 30, 1997, and approved by the Secretary by March 1, 
     1998.
       ``(3) No waiver of afcars requirements.--This section shall 
     not be construed to alter or affect any requirement of 
     section 479 or any regulation prescribed under such section 
     with respect to reporting of data by States, or to waive any 
     penalty for failure to comply with the requirements.
       ``(d) Adoption Incentive Payment.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     adoption incentive payment payable to a State for a fiscal 
     year under this section shall be equal to the sum of--
       ``(A) $3,000, multiplied by amount (if any) by which the 
     number of foster child adoptions in the State during the 
     fiscal year exceeds the base number of foster child adoptions 
     for the State for the fiscal year; and
       ``(B) $3,000, multiplied by the amount (if any) by which 
     the number of special needs adoptions in the State during the 
     fiscal year exceeds the base number of special needs 
     adoptions for the State for the fiscal year.
       ``(2) Pro rata adjustment if insufficient funds 
     available.--For any fiscal year, if the total amount of 
     adoption incentive payments otherwise payable under this 
     section for a fiscal year exceeds the amount appropriated for 
     that fiscal year, the amount of the adoption incentive 
     payment payable to each State under this section for the 
     fiscal year shall be--
       ``(A) the amount of the adoption incentive payment that 
     would otherwise be payable to the State under this section 
     for the fiscal year; multiplied by
       ``(B) the percentage represented by the amount appropriated 
     for that year, divided by the total amount of adoption 
     incentive payments otherwise payable under this section for 
     the fiscal year.
       ``(e) 2-Year Availability of Incentive Payments.--Payments 
     to a State under this section in a fiscal year shall remain 
     available for use by the State through the end of the 
     succeeding fiscal year.
       ``(f) Limitations on Use of Incentive Payments.--A State 
     shall not expend an amount paid to the State under this 
     section except to provide to children or families any service 
     (including post-adoption services) that may be provided under 
     part B or E. Amounts expended by a State in accordance with 
     the preceding sentence shall be disregarded in determining 
     State expenditures for purposes of Federal matching payments 
     under section 474.
       ``(g) Definitions.--As used in this section:
       ``(1) Foster child adoption.--The term `foster child 
     adoption' means the final adoption of a child who, at the 
     time of adoptive placement, was in foster care under the 
     supervision of the State.
       ``(2) Special needs adoption.--The term `special needs 
     adoption' means the final adoption of a child for whom an 
     adoption assistance agreement is in effect under section 473.
       ``(3) Base number of foster child adoptions.--The term 
     `base number of foster child adoptions for a State' means, 
     with respect to a fiscal year, the average number of foster 
     child adoptions in the State for the 3 most recent fiscal 
     years.
       ``(4) Base number of special needs adoptions.--The term 
     `base number of special needs adoptions for a State' means, 
     with respect to a fiscal year, the average number of special 
     needs adoptions in the State for the 3 most recent fiscal 
     years.
       ``(h) Limitations on Authorization of Appropriations.--
       ``(1) In general.--For grants under this section, there is 
     authorized to be appropriated to the Secretary $15,000,000 
     for each of fiscal years 1999 through 2003.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) are authorized to remain available until expended, but 
     not after fiscal year 2003.
       ``(i) Technical Assistance.--The Secretary shall provide, 
     directly, or by grant, contract, or interagency agreement, 
     technical assistance upon request to assist States and local 
     communities to reach their targets for increased numbers of 
     adoptions.''.
       (b) Discretionary Cap Adjustment for Adoption Incentive 
     Payments.--
       (1) Section 251 amendment.--Section 251(b)(2) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)), as amended by section 10203(a)(4) of the 
     Balanced Budget Act of 1997, is amended by adding at the end 
     the following new subparagraph:
       ``(G) Adoption incentive payments.--Whenever a bill or 
     joint resolution making appropriations for fiscal year 1999, 
     2000, 2001, 2002, or 2003 is enacted that specifies an amount 
     for adoption incentive payments for the Department of Health 
     and Human Services--
       ``(i) the adjustments for new budget authority shall be the 
     amounts of new budget authority provided in that measure for 
     adoption incentive payments, but not to exceed $15,000,000; 
     and
       ``(ii) the adjustment for outlays shall be the additional 
     outlays flowing from such amount.''.
       (2) Section 314 amendment.--Section 314(b) of the 
     Congressional Budget Act of 1974, as amended by section 
     10114(a) of the Balanced Budget Act of 1997, is amended--
       (A) by striking ``or'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; or''; and
       (C) by adding at the end the following:

[[Page S12186]]

       ``(6) in the case of an amount for adoption incentive 
     payments (as defined in section 251(b)(2)(G) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985) for fiscal 
     year 1999, 2000, 2001, 2002, or 2003 for the Department of 
     Health and Human Services, an amount not to exceed 
     $15,000,000.''.

     SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.

       (a) Elimination of Geographic Barriers to Interstate 
     Adoption.--Section 471(a) of the Social Security Act (42 
     U.S.C. 671(a)), as amended by section 107, is amended--
       (1) by striking ``and'' at the end of paragraph (19);
       (2) by striking the period at the end of paragraph (20) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(21) provides that neither the State nor any other entity 
     in the State that receives funds from the Federal Government 
     and is involved in adoption may--
       ``(A) deny to any person the opportunity to become an 
     adoptive parent on the basis of the geographic residence of 
     the person or of the child involved; or
       ``(B) delay or deny the placement of a child for adoption 
     on the basis of the geographic residence of an adoptive 
     parent or of the child involved.''.
       (b) Study of Interjurisdictional Adoption Issues.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this subsection referred to as the ``Secretary'') shall 
     appoint an advisory panel that shall--
       (A) study and consider how to improve procedures and 
     policies to facilitate the timely and permanent adoptions of 
     children across State and county jurisdictions;
       (B) examine, at a minimum, interjurisdictional adoption 
     issues--
       (i) concerning the recruitment of prospective adoptive 
     families from other States and counties;
       (ii) concerning the procedures to grant reciprocity to 
     prospective adoptive family home studies from other States 
     and counties;
       (iii) arising from a review of the comity and full faith 
     and credit provided to adoption decrees and termination of 
     parental rights orders from other States; and
       (iv) concerning the procedures related to the 
     administration and implementation of the Interstate Compact 
     on the Placement of Children; and
       (C) not later than 12 months after the final appointment to 
     the advisory panel, submit to the Secretary the report 
     described in paragraph (3).
       (2) Composition of advisory panel.--In establishing the 
     advisory panel required under paragraph (1), the Secretary 
     shall appoint members from the general public who are 
     individuals knowledgeable on adoption and foster care issues, 
     and with due consideration to representation of ethnic or 
     racial minorities and diverse geographic areas, and who, at a 
     minimum, include the following:
       (A) Adoptive and foster parents.
       (B) Public and private child welfare agencies that place 
     children in and out of home care.
       (C) Family court judges.
       (D) Adoption attorneys.
       (E) An Administrator of the Interstate Compact on the 
     Placement of Children and an Administrator of the Interstate 
     Compact on Adoption and Medical Assistance.
       (F) A representative cross-section of individuals from 
     other organizations and individuals with expertise or 
     advocacy experience in adoption and foster care issues.
       (3) Contents of report.--The report required under 
     paragraph (1)(C) shall include the results of the study 
     conducted under subparagraphs (A) and (B) of paragraph (1) 
     and recommendations on how to improve procedures to 
     facilitate the interjurisdictional adoption of children, 
     including interstate and intercounty adoptions, so that 
     children will be assured timely and permanent placements.
       (4) Congress.--The Secretary shall submit a copy of the 
     report required under paragraph (1)(C) to the appropriate 
     committees of Congress, and, if relevant, make 
     recommendations for proposed legislation.

     SEC. 203. STATE PERFORMANCE IN PROTECTING CHILDREN.

       (a) Annual Report.--
       (1) In general.--Part E of title IV of the Social Security 
     Act (42 U.S.C. 670 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 479A. ANNUAL REPORT.

       ``(a) In General.--The Secretary shall issue an annual 
     report containing ratings of the performance of each State in 
     protecting children who are placed in foster care, for 
     adoption, or with a relative or guardian. The report shall 
     include ratings on outcome measures for categories related to 
     safety and permanence for children.
       ``(b) Outcome Measures.--
       ``(1) In general.--The Secretary, in consultation with the 
     American Public Welfare Association, the National Governors' 
     Association, the National Conference of State Legislatures, 
     and child welfare advocates, shall develop a set of outcome 
     measures to be used in preparing the report.
       ``(2) Categories.--In developing the outcome measures, the 
     Secretary shall develop measures that can track performance 
     over time for the following categories:
       ``(A) The number of children placed annually for adoption, 
     the number of placements of children with special needs, and 
     the number of children placed permanently in a foster family 
     home, with a relative, or with a guardian who is not a 
     relative.
       ``(B) The number of children, including those with parental 
     rights terminated, that annually leave foster care at the age 
     of majority without having been adopted or placed with a 
     guardian.
       ``(C) The median and mean length of stay of children in 
     foster care, for children with parental rights terminated, 
     and children for whom parental rights are retained by the 
     biological or adoptive parent.
       ``(D) The median and mean length of time between a child 
     having a plan of adoption and termination of parental rights, 
     between the availability of a child for adoption and the 
     placement of the child in an adoptive family, and between the 
     placement of the child in such a family and the finalization 
     of the adoption.
       ``(E) The number of deaths of children in foster care and 
     other out-of-home care, including kinship care, resulting 
     from substantiated child abuse and neglect.
       ``(F) The specific steps taken by the State to facilitate 
     permanence for children.
       ``(3) Measures.--In developing the outcome measures, the 
     Secretary shall use data from the Adoption and Foster Care 
     Analysis and Reporting System established under section 479 
     to the maximum extent possible.
       ``(c) Rating System.--The Secretary shall develop a system 
     (including using State census data and poverty rates) to rate 
     the performance of each State based on the outcome measures.
       ``(d) Preparation and Issuance.--On May 1, 1999, and 
     annually thereafter, the Secretary shall prepare, submit to 
     Congress, and issue to the States the report described in 
     subsection (a). Each report shall rate the performance of a 
     State on each outcome measure developed under subsection (b), 
     include an explanation of the rating system developed under 
     subsection (c), and the way in which scores are determined 
     under the rating system, analyze high and low performances 
     for the State, and make recommendations to the State for 
     improvement.''.
       (2) Conforming amendments.--Section 471(a) of the Social 
     Security Act (42 U.S.C. 671(a)), as amended by section 
     202(a), is amended--
       (A) in paragraph (20), by striking ``and'' at the end;
       (B) in paragraph (21), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(22) provides that the State shall annually provide to 
     the Secretary the information required under section 479A.''.
       (b) Development of Performance-Based Incentive System.--The 
     Secretary of Health and Human Services, in consultation with 
     State and local public officials responsible for 
     administering child welfare programs and child welfare 
     advocates, shall develop and recommend to Congress an 
     incentive system to provide payments under parts B and E of 
     title IV of the Social Security Act (42 U.S.C. 620 et seq., 
     670 et seq.) to any State based on such State's performance 
     under such a system. Such system shall, to the extent the 
     Secretary determines feasible and appropriate, be based on 
     the annual report required under section 479A of the Social 
     Security Act (as added by subsection (a) of this Act) or on 
     any proposed modifications of such annual report. Not later 
     than 6 months after the date of enactment of this Act, the 
     Secretary shall report on the new system to the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate.
             TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

     SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.

       (a) In General.--Section 1130(a) of the Social Security Act 
     (42 U.S.C. 1320a-9) is amended to read as follows:
       ``(a) Authority to Approve Demonstration Projects.--
       ``(1) In general.--The Secretary may authorize States to 
     conduct demonstration projects pursuant to this section which 
     the Secretary finds are likely to promote the objectives of 
     part B or E of title IV. Such projects shall be designed to 
     achieve 1 or more of the following goals:
       ``(A) Reducing a backlog of children in long-term foster 
     care or awaiting adoption placement.
       ``(B) Ensuring, not later than 1 year after a child enters 
     foster care, an adoptive placement for the child.
       ``(C) Identifying and addressing barriers that result in 
     delays to adoptive placements for children in foster care.
       ``(D) Identifying and addressing parental substance abuse 
     problems that endanger children and result in the placement 
     of children in foster care, including through the placement 
     of children with their parents in residential treatment 
     facilities (including residential treatment facilities for 
     post-partum depression) that are specifically designed to 
     serve parents and children together in order to promote 
     family reunification and that can ensure the health and 
     safety of the children in such placements.
       ``(E) Overcoming barriers to the adoption of children with 
     special needs resulting from a lack of health insurance 
     coverage for such children.
       ``(F) Any other goal that the Secretary has approved for a 
     demonstration project under this section as of the date of 
     enactment of the Promotion of Adoption, Safety, and Support 
     for Abused and Neglected Children (PASS) Act, or, after such 
     date, specifies by regulation.
       ``(2) Requirement.--In considering an application to 
     conduct a demonstration project

[[Page S12187]]

     under this section that has been submitted by a State in 
     which there has been a court order determining that the 
     State's child welfare program has failed to comply with the 
     provisions of part B or E of title IV or of the Constitution, 
     the Secretary shall take into consideration the effect of 
     approving the proposed project on the terms and conditions of 
     any court order related to such failure to comply that is in 
     effect in the State.''.
       (b) Rule of Construction.--Nothing in the amendments made 
     by subsection (a) shall be construed as affecting the terms 
     and conditions of any demonstration projects under section 
     1130 of the Social Security Act (42 U.S.C. 1320a-9) that have 
     been approved by the Secretary as of the date of enactment of 
     this Act.

     SEC. 302. PERMANENCY PLANNING HEARINGS.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C)) is amended--
       (1) by striking ``dispositional'' and inserting 
     ``permanency planning'';
       (2) by striking ``eighteen'' and inserting ``12'';
       (3) by striking ``original placement'' and inserting ``date 
     the child is considered to have entered foster care (as 
     determined under subparagraph (F))''; and
       (4) by striking ``future status of'' and all that follows 
     through ``long term basis)'' and inserting ``permanency plan 
     for the child that includes whether, and if applicable when, 
     the child will be returned to the parent, placed for adoption 
     and the State will file a petition for termination of 
     parental rights, or referred for legal guardianship or 
     custody, or (in cases where the State agency has documented 
     to the State court a compelling reason for determining that 
     it would not be in the best interests of the child to return 
     home, be referred for termination of parental rights, or be 
     placed for adoption, with a qualified relative, or with a 
     legal guardian) placed in another planned permanent living 
     arrangement''.

     SEC. 303. KINSHIP CARE.

       (a) Report.--
       (1) In general.--The Secretary of Health and Human Services 
     shall--
       (A) not later than March 1, 1998, convene the advisory 
     panel provided for in subsection (b)(1) and prepare and 
     submit to the advisory panel an initial report on the extent 
     to which children in foster care are placed in the care of a 
     relative (in this section referred to as ``kinship care''); 
     and
       (B) not later than November 1, 1998, submit to the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate a final report on 
     the matter described in subparagraph (A), which shall--
       (i) be based on the comments submitted by the advisory 
     panel pursuant to subsection (b)(2) and other information and 
     considerations; and
       (ii) include the policy recommendations of the Secretary 
     with respect to the matter.
       (2) Required contents.--Each report required by paragraph 
     (1) shall--
       (A) include, to the extent available for each State, 
     information on--
       (i) the policy of the State regarding kinship care;
       (ii) the characteristics of the kinship care providers 
     (including age, income, ethnicity, and race, and the 
     relationship of the kinship care providers to the children);
       (iii) the characteristics of the household of such 
     providers (such as number of other persons in the household 
     and family composition);
       (iv) how much access to the child is afforded to the parent 
     from whom the child has been removed;
       (v) the cost of, and source of funds for, kinship care 
     (including any subsidies such as medicaid and cash 
     assistance);
       (vi) the permanency plan for the child and the actions 
     being taken by the State to achieve the plan;
       (vii) the services being provided to the parent from whom 
     the child has been removed; and
       (viii) the services being provided to the kinship care 
     provider; and
       (B) specifically note the circumstances or conditions under 
     which children enter kinship care.
       (b) Advisory Panel.--
       (1) Establishment.--The Secretary of Health and Human 
     Services, in consultation with the Chairman of the Committee 
     on Ways and Means of the House of Representatives and the 
     Chairman of the Committee on Finance of the Senate, shall 
     convene an advisory panel which shall include parents, foster 
     parents, relative caregivers, former foster children, State 
     and local public officials responsible for administering 
     child welfare programs, private persons involved in the 
     delivery of child welfare services, representatives of tribal 
     governments and tribal courts, judges, and academic experts.
       (2) Duties.--The advisory panel convened pursuant to 
     paragraph (1) shall review the report prepared pursuant to 
     subsection (a), and, not later than July 1, 1998, submit to 
     the Secretary comments on the report.

     SEC. 304. CLARIFICATION OF ELIGIBLE POPULATION FOR 
                   INDEPENDENT LIVING SERVICES.

       Section 477(a)(2)(A) of the Social Security Act (42 U.S.C. 
     677(a)(2)(A)) is amended by inserting ``(including children 
     with respect to whom such payments are no longer being made 
     because the child has accumulated assets, not to exceed 
     $5,000, which are otherwise regarded as resources for 
     purposes of determining eligibility for benefits under this 
     part)'' before the comma.

     SEC. 305. REAUTHORIZATION AND EXPANSION OF FAMILY 
                   PRESERVATION AND SUPPORT SERVICES.

       (a) Reauthorization of Family Preservation and Support 
     Services.--
       (1) In general.--Section 430(b) of the Social Security Act 
     (42 U.S.C. 629(b)) is amended--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(6) for fiscal year 1999, $275,000,000;
       ``(7) for fiscal year 2000, $295,000,000; and
       ``(8) for fiscal year 2001, $305,000,000.''.
       (2) Continuation of reservation of certain amounts.--
     Paragraphs (1) and (2) of section 430(d) of the Social 
     Security Act (42 U.S.C. 630(d)) are each amended by striking 
     ``and 1998'' and inserting ``1998, 1999, 2000, and 2001''.
       (3) Conforming amendments.--Section 13712 of the Omnibus 
     Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) is 
     amended--
       (A) in subsection (c), by striking ``1998'' each place it 
     appears and inserting ``2001''; and
       (B) in subsection (d)(2), by striking ``and 1998'' and 
     inserting ``1998, 1999, 2000, and 2001''.
       (b) Expansion for Time-Limited Family Reunification 
     Services and Adoption Promotion and Support Services.--
       (1) Additions to state plan; minimum spending 
     requirements.--Section 432 of the Social Security Act (42 
     U.S.C. 629b) is amended--
       (A) in subsection (a)--
       (i) in paragraph (4), by striking ``and community-based 
     family support services'' and inserting ``, community-based 
     family support services, time-limited family reunification 
     services, and adoption promotion and support services,''; and
       (ii) in paragraph (5)(A), by striking ``and community-based 
     family support services'' and inserting ``, community-based 
     family support services, time-limited family reunification 
     services, and adoption promotion and support services''; and
       (B) in subsection (b)(1), by striking ``and family 
     support'' and inserting ``, family support, family 
     reunification, and adoption promotion and support''.
       (2) Definitions of time-limited family reunification 
     services and adoption promotion and support services.--
     Section 431(a) of the Social Security Act (42 U.S.C. 629a(a)) 
     is amended by adding at the end the following:
       ``(7) Time-limited family reunification services.--
       ``(A) In general.--The term `time-limited family 
     reunification services' means the services and activities 
     described in subparagraph (B) that are provided to a child 
     that is removed from the child's home and placed in a foster 
     family home or a child care institution and to the parents or 
     primary caregiver of such a child, in order to facilitate the 
     reunification of the child safely and appropriately within a 
     timely fashion, but only during the 1-year period that begins 
     on the date that the child is removed from the child's home.
       ``(B) Services and activities described.--The services and 
     activities described in this subparagraph are the following:
       ``(i) Individual, group, and family counseling.
       ``(ii) Inpatient, residential, or outpatient substance 
     abuse treatment services.
       ``(iii) Mental health services.
       ``(iv) Assistance to address domestic violence.
       ``(v) Services designed to provide temporary child care and 
     therapeutic services for families, including crisis 
     nurseries.
       ``(vi) Transportation to or from any of the services and 
     activities described in this subparagraph.
       ``(8) Adoption promotion and support services.--The term 
     `adoption promotion and support services' means services and 
     activities designed to encourage more adoptions out of the 
     foster care system, when adoptions promote the best interests 
     of children, and shall include the following:
       ``(A) Models to encourage adoptions of special needs 
     children, including through the provision of medical 
     assistance.
       ``(B) The development of best practice guidelines for 
     expediting termination of parental rights.
       ``(C) Models to encourage the use of concurrent planning.
       ``(D) The development of specialized units and expertise in 
     moving children toward adoption as a part of a permanency 
     plan.
       ``(E) The development of risk assessment tools to 
     facilitate early identification of the children who will be 
     at risk of harm if returned home.
       ``(F) Models to encourage the fast tracking of children who 
     have not attained 1 year of age into adoptive and preadoptive 
     placements.
       ``(G) Development of programs that place children in 
     preadoptive families without waiting for termination of 
     parental rights.
       ``(H) Development of programs to recruit adoptive parents.
       ``(I) Such other services or activities that are designed 
     to promote and support adoption as the Secretary may 
     approve.''.
       (3) Additional conforming amendments.--
       (A) Purposes.--Section 430(a) of the Social Security Act 
     (42 U.S.C. 629(a)) is amended by

[[Page S12188]]

     striking ``and community-based family support services'' and 
     inserting ``, community-based family support services, time-
     limited family reunification services, and adoption promotion 
     and support services''.
       (B) Evaluations.--Subparagraphs (B) and (C) of section 
     435(a)(2) of the Social Security Act (42 U.S.C. 629d(a)(2)) 
     are each amended by striking ``and family support'' each 
     place it appears and inserting ``, family support, family 
     reunification, and adoption promotion and support''.
       (C) Program title.--The heading of subpart 2 of part B of 
     title IV of the Social Security Act (42 U.S.C. 629 et seq.) 
     is amended to read as follows:

     ``Subpart 2--Promoting Adoptive, Safe, and Stable Families''.

       (c) Emphasizing the Safety of the Child.--
       (1) Requiring assurances that the safety of children shall 
     be of paramount concern.--Section 432 of the Social Security 
     Act (42 U.S.C. 629b) is amended--
       (A) in paragraph (7)(B), by striking ``and'' at the end;
       (B) by redesignating paragraph (8) as paragraph (9); and
       (C) by inserting after paragraph (7), the following:
       ``(8) contains assurances that in administering and 
     conducting service programs under the plan, the safety of the 
     children to be served shall be of paramount concern; and''.
       (2) Definitions of family preservation and family support 
     services.--Section 431(a) of the Social Security Act (42 
     U.S.C. 629a(a)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``safe and'' before 
     ``appropriate'' each place it appears; and
       (ii) in subparagraph (B), by inserting ``safely'' after 
     ``remain''; and
       (B) in paragraph (2)--
       (i) by inserting ``safety and'' before ``well-being''; and
       (ii) by striking ``stable'' and inserting ``safe, 
     stable,''.
       (d) Clarification of Maintenance of Effort Requirement.--
       (1) Definition of non-federal funds.--Section 431(a) of the 
     Social Security Act (42 U.S.C. 629a(a)), as amended by 
     subsection (b)(2), is amended by adding at the end the 
     following:
       ``(9) Non-federal funds.--The term `non-Federal funds' 
     means State funds, or at the option of a State, State and 
     local funds.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect as if included in the enactment of section 13711 
     of the Omnibus Budget Reconciliation Act of 1993 (Public Law 
     103-33; 107 Stat. 649).

     SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH SPECIAL 
                   NEEDS.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 203(a)(2), is amended--
       (1) in paragraph (21), by striking ``and'' at the end;
       (2) in paragraph (22), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(23) provides for health insurance coverage for any child 
     who has been determined to be a child with special needs, for 
     whom there is in effect an adoption assistance agreement 
     (other than an agreement under this part) between the State 
     and an adoptive parent or parents, and who the State has 
     determined cannot be placed with an adoptive parent or 
     parents without medical assistance because such child has 
     special needs for medical, mental health, or rehabilitative 
     care, and that with respect to the provision of such health 
     insurance coverage--
       ``(A) such coverage may be provided through 1 or more State 
     medical assistance programs;
       ``(B) the State, in providing such coverage, shall ensure 
     that the medical benefits, including mental health benefits, 
     provided are of the same type and kind as those that would be 
     provided for children by the State under title XIX;
       ``(C) in the event that the State provides such coverage 
     through a State medical assistance program other than the 
     program under title XIX, and the State exceeds its funding 
     for services under such other program, any such child shall 
     be deemed to be receiving aid or assistance under the State 
     plan under this part for purposes of section 
     1902(a)(10)(A)(i)(I); and
       ``(D) in determining cost-sharing requirements, the State 
     shall take into consideration the circumstances of the 
     adopting parent or parents and the needs of the child being 
     adopted.''.

     SEC. 307. CONTINUATION OF ELIGIBILITY FOR ADOPTION ASSISTANCE 
                   PAYMENTS ON BEHALF OF CHILDREN WITH SPECIAL 
                   NEEDS WHOSE INITIAL ADOPTION HAS BEEN 
                   DISRUPTED.

       (a) Continuation of Eligibility.--Section 473(a)(2) of the 
     Social Security Act (42 U.S.C. 673(a)(2)) is amended by 
     adding at the end the following: ``Any child who has been 
     determined to meet the requirements of subparagraph (C), and 
     who has previously been determined eligible for adoption 
     assistance payments under paragraph (1)(B)(ii), who has again 
     become available for adoption because a court has set aside 
     the child's previous adoption or the child's adoptive parents 
     have died, and who fails to meet the requirements of 
     subparagraphs (A) and (B) but would meet such requirements if 
     the child were treated as if the child were in the same 
     financial and other circumstances the child was in the last 
     time the child was determined eligible for adoption 
     assistance payments and the previous adoption were treated as 
     having never occurred, shall be treated as meeting the 
     requirements of this paragraph for purposes of paragraph 
     (1)(B)(ii).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall only apply to children who become available for 
     adoption because a court has set aside the child's previous 
     adoption, or the child's adoptive parents have died, and 
     whose subsequent adoption occurs on or after October 1, 1997.

     SEC. 308. STATE STANDARDS TO ENSURE QUALITY SERVICES FOR 
                   CHILDREN IN FOSTER CARE.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)), as amended by section 306, is amended--
       (1) in paragraph (22), by striking ``and'' at the end;
       (2) in paragraph (23), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(24) provides that, not later than January 1, 1999, the 
     State shall develop and implement standards to ensure that 
     children in foster care placements in public or private 
     agencies are provided quality services that protect the 
     safety and health of the children.''.
                        TITLE IV--MISCELLANEOUS

     SEC. 401. PRESERVATION OF REASONABLE PARENTING.

       Nothing in this Act is intended to disrupt the family 
     unnecessarily or to intrude inappropriately into family life, 
     to prohibit the use of reasonable methods of parental 
     discipline, or to prescribe a particular method of parenting.

     SEC. 402. REPORTING REQUIREMENTS.

       Any information required to be reported under this Act 
     shall be supplied to the Secretary of Health and Human 
     Services through data meeting the requirements of the 
     Adoption and Foster Care Analysis and Reporting System 
     established pursuant to section 479 of the Social Security 
     Act (42 U.S.C. 679), to the extent such data is available 
     under that system. The Secretary shall make such 
     modifications to regulations issued under section 479 of such 
     Act with respect to the Adoption and Foster Care Analysis and 
     Reporting System as may be necessary to allow States to 
     obtain data that meets the requirements of such system in 
     order to satisfy the reporting requirements of this Act.

     SEC. 403. SENSE OF CONGRESS REGARDING STANDBY GUARDIANSHIP.

       It is the sense of Congress that the States should have in 
     effect laws and procedures that permit any parent who is 
     chronically ill or near death, without surrendering parental 
     rights, to designate a standby guardian for the parent's 
     minor children, whose authority would take effect upon--
       (1) the death of the parent;
       (2) the mental incapacity of the parent; or
       (3) the physical debilitation and consent of the parent.

                          ____________________