[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10776-H10790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADOPTION AND SAFE FAMILIES ACT OF 1997
Mr. SHAW. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 327), providing for the consideration of the bill
H.R. 867 and the Senate amendment thereto.
The Clerk read as follows:
H. Res. 327
Resolved, That, upon the adoption of this resolution, the
House shall be considered to have taken from the Speaker's
table the bill H.R. 867 and an amendment of the Senate
thereto and to have concurred in the amendment of the Senate
with an amendment as follows: in lieu of the matter proposed
to be inserted by the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Adoption
and Safe Families Act of 1997''.
(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. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 106. Criminal records checks for prospective foster and adoptive
parents.
Sec. 107. 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. Performance of States in protecting children.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Authority to approve more child protection demonstration
projects.
Sec. 302. Permanency 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 dissolved.
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. Temporary adjustment of Contingency Fund for State Welfare
Programs.
[[Page H10777]]
Sec. 405. Coordination of substance abuse and child protection
services.
Sec. 406. Purchase of American-made equipment and products.
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 to be made with
respect to a child, as described in this paragraph, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern;
``(B) except as provided in subparagraph (D), 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; and
``(ii) to make it possible for a child to safely return to
the child's home;
``(C) if continuation of reasonable efforts of the type
described in subparagraph (B) is determined to be
inconsistent with the permanency plan for the child,
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;
``(D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made with
respect to a parent of a child if a court of competent
jurisdiction has determined that--
``(i) the parent has subjected the child to aggravated
circumstances (as defined in State law, which definition may
include but need not be limited to abandonment, torture,
chronic abuse, and sexual abuse);
``(ii) 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 a murder or such a voluntary
manslaughter; or
``(IV) committed a felony assault that results in serious
bodily injury to the child or another child of the parent; or
``(iii) the parental rights of the parent to a sibling have
been terminated involuntarily;
``(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as a
result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)--
``(i) a permanency hearing (as described in section
475(5)(C)) shall be held for the child within 30 days after
the 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
``(F) reasonable efforts to place a child for adoption or
with a legal guardian may be made concurrently with
reasonable efforts of the type described in subparagraph
(B);''.
(b) Definition of Legal Guardianship.--Section 475 of such
Act (42 U.S.C. 675) is amended by adding at the end the
following:
``(7) The term `legal guardianship' means a judicially
created relationship between child and caretaker which is
intended to be permanent and self-sustaining as evidenced by
the transfer to the caretaker of the following parental
rights with respect to the child: protection, education, care
and control of the person, custody of the person, and
decisionmaking. The term `legal guardian' means the caretaker
in such a relationship.''.
(c) 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''.
(d) Rule of Construction.--Part E of title IV of such Act
(42 U.S.C. 670-679) is amended by inserting after section 477
the following:
``SEC. 478. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as precluding
State courts from exercising their discretion to protect the
health and safety of children in individual cases, including
cases other than those described in section 471(a)(15)(D).''.
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--
(1) in section 422(b)(10)(B)--
(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. 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 15 of the most
recent 22 months, or, if a court of competent jurisdiction
has determined a child to be an abandoned infant (as defined
under State law) or has made a determination that the parent
has committed murder of another child of the parent,
committed voluntary manslaughter of another child of the
parent, aided or abetted, attempted, conspired, or solicited
to commit such a murder or such a voluntary manslaughter, or
committed a felony assault that has resulted in serious
bodily injury to the child or to another child of the 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 in the case plan
(which shall be available for court review) 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, consistent with the time period in the State case
plan, such services as the State deems necessary for the safe
return of the child to the child's home, if reasonable
efforts of the type described in section 471(a)(15)(B)(ii)
are required to be made with respect to the child.''.
(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 finding that the child
has been subjected to child abuse or neglect; or
``(ii) the date that is 60 days after the date on which the
child is removed from the home.''.
(c) Transition Rules.--
(1) New foster children.--In the case of a child who enters
foster care (within the meaning of section 475(5)(F) of the
Social Security Act) under the responsibility of a State
after the date of the enactment of this Act--
(A) if the State comes into compliance with the amendments
made by subsection (a) of this section before the child has
been in such foster care for 15 of the most recent 22 months,
the State shall comply with section 475(5)(E) of the Social
Security Act with respect to the child when the child has
been in such foster care for 15 of the most recent 22 months;
and
(B) if the State comes into such compliance after the child
has been in such foster care for 15 of the most recent 22
months, the State shall comply with such section 475(5)(E)
with respect to the child not later than 3 months after the
end of the first regular session of the State legislature
that begins after such date of enactment.
(2) Current foster children.--In the case of children in
foster care under the responsibility of the State on the date
of the enactment of this Act, the State shall--
(A) not later than 6 months after the end of the first
regular session of the State legislature that begins after
such date of enactment, comply with section 475(5)(E) of the
Social Security Act with respect to not less than \1/3\ of
such children as the State shall select, giving priority to
children for whom the permanency plan (within the meaning of
part E of title IV of the Social Security Act) is adoption
and children who have been in foster care for the greatest
length of time;
(B) not later than 12 months after the end of such first
regular session, comply with such section 475(5)(E) with
respect to not less than \2/3\ of such children as the State
shall select; and
(C) not later than 18 months after the end of such first
regular session, comply with such section 475(5)(E) with
respect to all of such children.
(3) Treatment of 2-year legislative sessions.--For purposes
of this subsection, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be
a separate regular session of the State legislature.
(4) Requirements treated as state plan requirements.--For
purposes of part E of
[[Page H10778]]
title IV of the Social Security Act, the requirements of this
subsection shall be treated as State plan requirements
imposed by section 471(a) of such Act.
(d) Rule of Construction.--Nothing in this section or 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.
SEC. 104. 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 103, 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 or relative providing 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, or
relative providing 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. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD
WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653) 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. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND
ADOPTIVE PARENTS.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) 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)(A) unless an election provided for in subparagraph
(B) is made with respect to the State, provides procedures
for criminal records checks for any prospective foster or
adoptive parent before the foster or adoptive parent 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--
``(i) in any case in which a record check reveals a felony
conviction for child abuse or neglect, for spousal abuse, for
a crime against children (including child pornography), or
for a crime involving violence, including rape, sexual
assault, or homicide, but not including other physical
assault or battery, if a State finds that a court of
competent jurisdiction has determined that the felony was
committed at any time, such final approval shall not be
granted; and
``(ii) in any case in which a record check reveals a felony
conviction for physical assault, battery, or a drug-related
offense, if a State finds that a court of competent
jurisdiction has determined that the felony was committed
within the past 5 years, such final approval shall not be
granted; and
``(B) subparagraph (A) shall not apply to a State plan if
the Governor of the State has notified the Secretary in
writing that the State has elected to make subparagraph (A)
inapplicable to the State, or if the State legislature, by
law, has elected to make subparagraph (A) inapplicable to the
State.''.
SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION
OF A PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C.
675(1)) is amended--
(1) in the last sentence--
(A) by striking ``the case plan must also include''; and
(B) by redesignating such sentence as subparagraph (D) and
indenting appropriately; and
(2) by adding at the end the following:
``(E) In the case of a child with respect to whom the
permanency 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.''.
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 shall 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 under this section for the fiscal year, 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) in the case of fiscal years 2001 and 2002, the State
provides health insurance coverage to any child with special
needs (as determined under section 473(c)) 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)--
``(A) for fiscal years 1995 through 1997 (or, if the 1st
fiscal year for which the State seeks a grant under this
section is after fiscal year 1998, the fiscal year that
precedes such 1st fiscal year); and
``(B) for each succeeding fiscal year that precedes the
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 1995 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 and approved by the
Secretary by August 1 of the succeeding fiscal year.
``(B) Alternative data sources permitted for fiscal years
1995 through 1997.--For purposes of the determination
described in subparagraph (A) for fiscal years 1995 through
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 of any regulation prescribed under such
section with respect to reporting of data by States, or to
waive any penalty for failure to comply with such a
requirement.
``(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) $4,000, multiplied by the 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) $2,000, 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
pursuant to subsection (h) for the 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 so
appropriated for the fiscal 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
[[Page H10779]]
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 sections 423, 434, and 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--
``(A) with respect to fiscal year 1998, the average number
of foster child adoptions in the State in fiscal years 1995,
1996, and 1997; and
``(B) with respect to any subsequent fiscal year, the
number of foster child adoptions in the State in the fiscal
year for which the number is the greatest in the period that
begins with fiscal year 1997 and ends with the fiscal year
preceding such subsequent fiscal year.
``(4) Base number of special needs adoptions.--The term
`base number of special needs adoptions for a State' means--
``(A) with respect to fiscal year 1998, the average number
of special needs adoptions in the State in fiscal years 1995,
1996, and 1997; and
``(B) with respect to any subsequent fiscal year, the
number of special needs adoptions in the State in the fiscal
year for which the number is the greatest in the period that
begins with fiscal year 1997 and ends with the fiscal year
preceding such subsequent fiscal year.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under subsection (a), there
are authorized to be appropriated to the Secretary
$20,000,000 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.--
``(1) In general.--The Secretary may, directly or through
grants or contracts, provide technical assistance to assist
States and local communities to reach their targets for
increased numbers of adoptions and, to the extent that
adoption is not possible, alternative permanent placements,
for children in foster care.
``(2) Description of the character of the technical
assistance.--The technical assistance provided under
paragraph (1) may support the goal of encouraging more
adoptions out of the foster care system, when adoptions
promote the best interests of children, and may include the
following:
``(A) The development of best practice guidelines for
expediting termination of parental rights.
``(B) Models to encourage the use of concurrent planning.
``(C) The development of specialized units and expertise in
moving children toward adoption as a permanency goal.
``(D) The development of risk assessment tools to
facilitate early identification of the children who will be
at risk of harm if returned home.
``(E) Models to encourage the fast tracking of children who
have not attained 1 year of age into pre-adoptive placements.
``(F) Development of programs that place children into pre-
adoptive families without waiting for termination of parental
rights.
``(3) Targeting of technical assistance to the courts.--Not
less than 50 percent of any amount appropriated pursuant to
paragraph (4) shall be used to provide technical assistance
to the courts.
``(4) Limitations on authorization of appropriations.--To
carry out this subsection, there are authorized to be
appropriated to the Secretary of Health and Human Services
not to exceed $10,000,000 for each of fiscal years 1998
through 2000.''.
(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 pursuant to this part 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 $20,000,000;
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:
``(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
$20,000,000.''.
SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.
(a) State Plan for Child Welfare Services Requirement.--
Section 422(b) of the Social Security Act (42 U.S.C. 622(b))
is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(12) contain assurances that the State shall develop
plans for the effective use of cross-jurisdictional resources
to facilitate timely adoptive or permanent placements for
waiting children.''.
(b) Condition of Assistance.--Section 474 of such Act (42
U.S.C. 674) is amended by adding at the end the following:
``(e) Notwithstanding subsection (a), a State shall not be
eligible for any payment under this section if the Secretary
finds that, after the date of the enactment of this
subsection, the State has--
``(1) denied or delayed the placement of a child for
adoption when an approved family is available outside of the
jurisdiction with responsibility for handling the case of the
child; or
``(2) failed to grant an opportunity for a fair hearing, as
described in section 471(a)(12), to an individual whose
allegation of a violation of paragraph (1) of this subsection
is denied by the State or not acted upon by the State with
reasonable promptness.''.
(c) Study of Interjurisdictional Adoption Issues.--
(1) In general.--The Comptroller General of the United
States 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; and
(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.
(2) Report to the congress.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller
General shall submit to the appropriate committees of the
Congress a report that includes--
(A) the results of the study conducted under paragraph (1);
and
(B) 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.
SEC. 203. PERFORMANCE OF STATES IN PROTECTING CHILDREN.
(a) Annual Report on State Performance.--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.
``The Secretary, in consultation with Governors, State
legislatures, State and local public officials responsible
for administering child welfare programs, and child welfare
advocates, shall--
``(1) develop a set of outcome measures (including length
of stay in foster care, number of foster care placements, and
number of adoptions) that can be used to assess the
performance of States in operating child protection and child
welfare programs pursuant to parts B and E to ensure the
safety of children;
``(2) to the maximum extent possible, the outcome measures
should be developed from data available from the Adoption and
Foster Care Analysis and Reporting System;
``(3) develop a system for rating the performance of States
with respect to the outcome measures, and provide to the
States an explanation of the rating system and how scores are
determined under the rating system;
``(4) prescribe such regulations as may be necessary to
ensure that States provide to the Secretary the data
necessary to determine State performance with respect to each
outcome measure, as a condition of the State receiving funds
under this part; and
``(5) on May 1, 1999, and annually thereafter, prepare and
submit to the Congress a report on the performance of each
State on each outcome measure, which shall examine the
reasons for high performance and low performance and, where
possible, make recommendations as to how State performance
could be improved.''.
(b) Development of Performance-Based Incentive System.--The
Secretary of Health and Human Services, in consultation with
State and local public officials responsible
[[Page H10780]]
for administering child welfare programs and child welfare
advocates, shall study, 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 the State's performance
under such a system. Such a system shall, to the extent the
Secretary determines feasible and appropriate, be based on
the annual report required by section 479A of the Social
Security Act (as added by subsection (a) of this section) or
on any proposed modifications of the annual report. Not later
than 6 months after the date of the enactment of this Act,
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a progress report on the feasibility,
timetable, and consultation process for conducting such a
study. Not later than 15 months after such date of enactment,
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate the final report on a performance-based
incentive system. The report may include other
recommendations for restructuring the program and payments
under parts B and E of title IV of the Social Security Act.
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.
``(2) Limitation.--The Secretary may authorize not more
than 10 demonstration projects under paragraph (1) in each of
fiscal years 1998 through 2002.
``(3) Certain types of proposals required to be
considered.--
``(A) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address barriers
that result in delays to adoptive placements for children in
foster care.
``(B) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address 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.
``(C) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to address kinship care.
``(4) Limitation on eligibility.--The Secretary may not
authorize a State to conduct a demonstration project under
this section if the State fails to provide health insurance
coverage to any child with special needs (as determined under
section 473(c)) for whom there is in effect an adoption
assistance agreement between a State and an adoptive parent
or parents.
``(5) Requirement to consider effect of project on terms
and conditions of certain court orders.--In considering an
application to conduct a demonstration project under this
section that has been submitted by a State in which there is
in effect 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 with the Constitution of the
United States, the Secretary shall take into consideration
the effect of approving the proposed project on the terms and
conditions of the court order related to the failure to
comply.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed as affecting the terms and
conditions of any demonstration project approved under
section 1130 of the Social Security Act (42 U.S.C. 1320a-9)
before the date of the enactment of this Act.
(c) Authority To Extend Duration of Demonstrations.--
Section 1130(d) of such Act (42 U.S.C. 1320a-9(d)) is amended
by inserting ``, unless in the judgment of the Secretary, the
demonstration project should be allowed to continue'' before
the period.
SEC. 302. PERMANENCY 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'';
(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 (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 fit and willing 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 June 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 June 1, 1999, 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 October 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. 629(d)(1) and (2)) 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.--Section 432 of the Social
Security Act (42 U.S.C. 629b) is amended--
[[Page H10781]]
(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, time-limited
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 15-month period that
begins on the date that the child, pursuant to section
475(5)(F), is considered to have entered foster care.
``(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, including such activities as pre-and post-
adoptive services and activities designed to expedite the
adoption process and support adoptive families.''.
(3) Additional conforming amendments.--
(A) Purposes.--Section 430(a) of the Social Security Act
(42 U.S.C. 629(a)) is amended 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''.
(B) 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 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(a) of the Social
Security Act (42 U.S.C. 629b(a)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8); and
(C) by adding at the end the following:
``(9) 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.''.
(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 106, is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(21) provides for health insurance coverage (including,
at State option, through the program under the State plan
approved under title XIX) 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 consistent, to the extent coverage is provided
through a State medical assistance program, with the rules
under such program.''.
SEC. 307. CONTINUATION OF ELIGIBILITY FOR ADOPTION ASSISTANCE
PAYMENTS ON BEHALF OF CHILDREN WITH SPECIAL
NEEDS WHOSE INITIAL ADOPTION HAS BEEN
DISSOLVED.
(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 meets the
requirements of subparagraph (C), who was determined eligible
for adoption assistance payments under this part with respect
to a prior adoption, who is available for adoption because
the prior adoption has been dissolved and the parental rights
of the adoptive parents have been terminated or because the
child's adoptive parents have died, 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 under this part and the prior
adoption were treated as never having 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 are adopted 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 sections 106 and 306, is amended--
(1) in paragraph (20), by striking ``and'' at the end;
(2) in paragraph (21), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(22) 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--
[[Page H10782]]
(1) the death of the parent;
(2) the mental incapacity of the parent; or
(3) the physical debilitation and consent of the parent.
SEC. 404. TEMPORARY ADJUSTMENT OF CONTINGENCY FUND FOR STATE
WELFARE PROGRAMS.
(a) Reduction of Appropriation.--Section 403(b)(2) of the
Social Security Act (42 U.S.C. 603(b)(2)) is amended by
inserting ``, reduced by the sum of the dollar amounts
specified in paragraph (6)(C)(ii)'' before the period.
(b) Increase in State Remittances.-- Section 403(b)(6) of
such Act (42 U.S.C. 603(b)(6)) is amended by adding at the
end the following:
``(C) Adjustment of state remittances.--
``(i) In general.--The amount otherwise required by
subparagraph (A) to be remitted by a State for a fiscal year
shall be increased by the lesser of--
``(I) the total adjustment for the fiscal year, multiplied
by the adjustment percentage for the State for the fiscal
year; or
``(II) the unadjusted net payment to the State for the
fiscal year.
``(ii) Total adjustment.--As used in clause (i), the term
`total adjustment' means--
``(I) in the case of fiscal year 1998, $2,000,000;
``(II) in the case of fiscal year 1999, $9,000,000;
``(III) in the case of fiscal year 2000, $16,000,000; and
``(IV) in the case of fiscal year 2001, $13,000,000.
``(iii) Adjustment percentage.--As used in clause (i), the
term `adjustment percentage' means, with respect to a State
and a fiscal year--
``(I) the unadjusted net payment to the State for the
fiscal year; divided by
``(II) the sum of the unadjusted net payments to all States
for the fiscal year.
``(iv) Unadjusted net payment.--As used in this
subparagraph, the term, `unadjusted net payment' means with
respect to a State and a fiscal year--
``(I) the total amount paid to the State under paragraph
(3) in the fiscal year; minus
``(II) the amount that, in the absence of this
subparagraph, would be required by subparagraph (A) or by
section 409(a)(10) to be remitted by the State in respect of
the payment.''.
(c) Recommendations for Improving the Operation of the
Contingency Fund.--Not later than March 1, 1998, the
Secretary of Health and Human Services shall make
recommendations to the Congress for improving the operation
of the Contingency Fund for State Welfare Programs.
SEC. 405. COORDINATION OF SUBSTANCE ABUSE AND CHILD
PROTECTION SERVICES.
Within 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services, based on
information from the Substance Abuse and Mental Health
Services Administration and the Administration for Children
and Families in the Department of Health of Human Services,
shall prepare and submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report which describes the extent and scope
of the problem of substance abuse in the child welfare
population, the types of services provided to such
population, and the outcomes resulting from the provision of
such services to such population. The report shall include
recommendations for any legislation that may be needed to
improve coordination in providing such services to such
population.
SEC. 406. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available under this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act,
the amendments made by this Act take effect on the date of
enactment of this Act.
(b) Delay Permitted if State Legislation Required.--In the
case of a State plan under part B or E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to
meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such part solely
on the basis of the failure of the plan to meet such
additional requirements before the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida [Mr. Shaw] and the gentlewoman from Connecticut [Mrs. Kennelly]
each will control 20 minutes.
The Chair recognizes the gentleman from Florida [Mr. Shaw].
General Leave
Mr. SHAW. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the resolution now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the resolution we are now considering is needed to
resolve the differences between the House on bill H.R. 867, the
Adoption and Safe Families Act of 1997. This legislation passed this
House last April by a vote of 416 to 5. It was approved last week by
the other body by unanimous consent.
The resolution before us provides for a House amendment to the
Senate-passed amendment, with an agreed-upon compromise of the
differences remaining between the two houses. We are doing this with
the expectation that the Senate will agree quickly to this compromise
and send the bill to the President for his anticipated signature.
I have seldom been so proud as I am today to have been involved in
this most historic legislation. Let me briefly tell my colleagues why.
In 1980, the Congress enacted legislation that provided badly needed
money to help the States protect abused and neglected children.
Designed primarily by Democrats, the legislation was a great
achievement in its time. However, we can now see that some of the
technical provisions of the 1980 legislation have caused too many
children to remain too long in foster care. In our highly justified
efforts to help unfortunate parents and their children, we have
inadvertently created a system that keeps children in the limbo of
foster care, and in all too many cases, in harm's way.
This wonderful bill corrects that problem. It does so by use of three
tried and true methods. First, it establishes time lines to which
States must conform in getting children into permanent placement. We
are talking about permanent adoptive, loving homes. The effort of these
time lines is to force States to make quicker decisions about when the
child should be returned to the biological parents or made available
for adoption.
{time} 1045
Second, the bill gives the States much more flexibility in
identifying cases in which no attempt to help the biological family
should be made. These include cases in which a parent has murdered
another child or has lost custody of another child, plus other
aggravated circumstances of this type which would be identified by the
States.
Third, we give States a cash incentive for increasing the number of
adoptions of children in foster care. Specifically, we pay the States
up to $6,000 per adoption for increasing the number of children who are
adopted out of foster care.
The bill does other fine things, but this is its great achievement.
That great achievement is moving children toward adoption with
dispatch. As a result, we can expect adoptions to increase by many
thousands of cases in the next 5 years. Think of that, thousands of
additional children removed from the uncertainty of foster care and
placed in warm, loving, and permanent families.
For this great achievement, two Members of the House deserve special
recognition. The gentleman from Michigan, Mr. Dave Camp, a member of
the Committee on Ways and Means, has worked for more than a year now to
guide this bill to final passage. As a matter of fact, he brought a
great deal of expertise from his own experience as a lawyer in this
area. His tireless work on this legislation and especially his
persistence in working with the U.S. Senate, which sometimes is not an
easy task, has enabled us to achieve a bill that is assured of passage
in both the House and Senate.
And the gentlewoman from Connecticut, Mrs. Barbara Kennelly, has
worked closely with the gentleman from Michigan on this bill and has
succeeded in representing the interests of
[[Page H10783]]
the Democrats in a wide variety and array of advocacy groups.
I have always respected the legislative skills of the gentlewoman
from Connecticut, [Mrs. Kennelly], but sometimes working on different
sides of important issues. Thus, it has been a special pleasure for me
to work on the same side of an issue with her and to profit from,
rather than sometimes and occasionally being the victim of, her great
legislative skills.
Because of the demands of the legislative schedule, the House and
Senate were not able to conduct a formal conference on this
legislation. Even so, we have worked closely with the Senate at both
the Member and the staff levels to achieve a bill that both Houses
could accept. But because there is no conference, there is no
conference report to establish and to clarify the legislative history
of this important legislation.
For this reason, Mr. Speaker, I include for the Record an abbreviated
version of the legislative history of this bill.
The material referred to is as follows:
Legislative History of House Amendment to Adoption and Safe Families
Act of 1997--November 13, 1997
Title I. ``Reasonable Efforts'' and Child Safety Provisions
1. ``Reasonable Efforts'' to Preserve and Reunify Families
House bill
As a component of their state Title IV-E plan, states would
continue to be required to make reasonable efforts to
preserve and reunify families; however, this requirement
would not apply in cases in which a court has found that: a
child has been subjected to ``aggravated circumstances'' as
defined in state law (which may include abandonment, torture,
chronic abuse, and sexual abuse); a parent has assaulted the
child or another of their children or has killed another of
their children (as defined in the Child Abuse Prevention and
Treatment Act); or a parent's rights to a sibling have been
involuntarily terminated. States would not be required to
make reasonable efforts on behalf of any parent who has been
involved in subjecting children to these circumstances.
Reasonable efforts to preserve or reunify families could be
made concurrently with efforts to place the child for
adoption, with a legal guardian, or in another planned
permanent arrangement (see item 3). (Section 2 of the House
bill)
Senate amendment
As a component of their state Title IV-E plan, states would
be required to make reasonable efforts to preserve families
when the child can be cared for at home without endangering
the child's health or safety or to make it possible for the
child to safely return home. Such reasonable efforts would
not be required on behalf of any parent: if a court has
determined that the parent has killed or assaulted another of
their children; or if a court has determined that returning
the child home 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 to a
sibling); or if the state has specified in legislation cases
in which reasonable efforts would not be required because of
serious circumstances that endanger a child's health or
safety. Reasonable efforts to place a child for adoption or
with a legal guardian or custodian could be made concurrently
with reasonable efforts to preserve or reunify families (see
item 3).
Nothing in Title IV-E, as amended by this Act, would 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. (Section 101 of the
Senate amendment)
House amendment
The House Amendment follows the House bill with minor
differences in wording, except the agreement: clarifies that
the state law definition of ``aggravated circumstances'' may
include, but need not be limited to, abandonment, torture,
chronic abuse, and sexual abuse; adds a rule of construction
specifying that nothing in this legislation would be
construed as precluding state courts from exercising their
discretion to protect the health and safety of children in
individual cases, including cases other than those described
in this provision; and establishes new definitions, under
Title IV-E, of the terms ``legal guardianship'' and ``legal
guardian.'' (Section 101 of the House Amendment)
2. Consideration of Child Health and Safety
House bill
In determining and making reasonable efforts on behalf of a
child, the child's health and safety must be of paramount
concern. (Section 2)
Senate amendment
Same as House bill. (Section 101) In addition, the Senate
amendment amends current law to include references to child
safety in provisions dealing with child welfare services,
case plans, and case review procedures. (Section 102)
House amendment
The House Amendment follows the Senate amendment.
3. ``Reasonable Efforts'' to Place Children for Adoption or Other
Permanent Arrangement
House bill
If reasonable efforts to preserve or reunify a family are
not made because of the reasons cited in item 1 or are no
longer consistent with the child's permanency plan, then
states would be required to make reasonable efforts to place
the child for adoption, with a legal guardian, or (if
adoption or guardianship were not appropriate) in another
planned, permanent arrangement. Reasonable efforts to
preserve or reunify families could be made concurrently with
efforts to place the child for adoption, guardianship, or in
another planned, permanent arrangement. (Section 2)
Senate amendment
If reasonable efforts to preserve or reunify a family are
not made because of the reasons cited in item 1 (as
determined by a court), then a permanency planning hearing
must be held for the child within 30 days of the court
determination. In such cases, states are required to place
the child in a timely manner in accordance with the
permanency plan and to complete whatever steps are necessary
to finalize the placement. Reasonable efforts to place a
child for adoption or with a legal custodian could be made
concurrently with reasonable efforts to preserve or reunify
the family. (Section 101)
House amendment
The House Amendment follows the Senate amendment with minor
differences in wording. (Section 101)
4. Documentation of Efforts to Adopt
House bill
For every child whose permanency plan is adoption or
another permanent placement, states would be required to
document the steps taken to find an adoptive family or
permanent home; to place the child with the adoptive family,
legal guardian, or other permanent home (including the
custody of a fit and willing relative); and to finalize the
adoption or guardianship. The documentation must cover child-
specific recruitment efforts such as use of adoption
information exchanges, including electronic exchange systems.
(Section 7)
Senate amendment
Same as House bill, with minor differences in wording.
(Section 108)
House amendment
The House Amendment follows the House bill and Senate
amendment. (Section 107)
5. Termination of Parental Rights
House Bill
In the case of a child who is younger than 10 and has been
in foster care for 18 of the most recent 24 months, states
would be required to initiate a petition (or join any
existing petition) to terminate parental rights, unless: at
the option of the state, the child is being cared for by a
relative; a state court or agency has documented a
compelling reason for determining that such a petition
would not be in the best interests of the child; or the
state has not provided the family with services deemed
appropriate by the state (in cases in which reasonable
efforts to preserve or reunify the family have been
required).
This provision would apply only to children who enter
foster care on or after October 1, 1997. (Section 3)
Senate amendment
In the case of a child who has been in foster care for 12
of the most recent 18 months, an infant who is determined by
the court to have been abandoned (as defined under state
law), or a court determination that a parent of a child has
assaulted the child or killed or assaulted another of their
children, states would be required to initiate a petition (or
join any existing petition) to terminate parental rights, and
concurrently, to identify, recruit, process, and approve a
qualified adoptive family, unless: at the option of the
state, the child is being cared for by a relative; a state
agency has documented to the state court a compelling reason
for determining that such a petition would not be in the best
interests of the child; or the state has not provided the
family of the child with services deemed necessary by the
state for the child's safe return home. (Section 104(a))
A child would be considered as having entered foster care
on the earlier of the date of the first judicial hearing
after the child's removal from home or 30 days after the
child's removal from home. (Section 104(b))
Nothing in Title IV-E, as amended by this legislation,
would preclude state courts or agencies from initiating
termination of parental rights for other reasons, or
according to earlier timetables than those specified, if such
actions are determined to be in the child's best interests.
These special cases include those in which the child has
experienced multiple foster care placements. (Section 104(c))
For children in foster care on or before the date of
enactment, this provision would apply as though the children
first entered care on the date of enactment. The effective
date of this bill, providing time for state legislatures to
enact necessary legislation, would apply to this provision
(see item 28). (Section 104(d))
[[Page H10784]]
House amendment
The House Amendment follows the House bill and Senate
amendment with modifications. With regard to cases taken into
state custody after the date of enactment of this
legislation, states are required to initiate a petition (or
join any existing petition) to terminate parental rights, and
concurrently, to identify, recruit, process, and approve a
qualified adoptive family for groups of children: those who
have been in foster care for 15 of the most recent 22 months;
those who the court has determined to be abandoned infants
(as defined in state law); or those for whom there has been a
court determination that their parent has assaulted the child
or killed or assaulted another of their children.
There are three exceptions to the requirement for
terminating parental rights in these cases: at the option of
the state, if the child is being cared for by a relative; if
a state agency has documented in the case plan, which must be
available for court review, a compelling reason for
determining that filing such a petition would not be in the
best interests of the child; or if the state has not provided
to the family of the child, consistent with the time period
in the case plan, such services as the state deems necessary
for the safe return of the child (in cases in which
reasonable efforts to reunify the family have been required).
(Section 103(a))
For purposes of applying the 15 of 22 month rule to new
cases, the clock begins on the date of the first judicial
finding that the child has been subjected to child abuse or
neglect or 60 days after the childs removal from home.
(Section 103(b))
With regard to children who enter foster care after the
date of enactment, states would be required to comply with
this provision when any such child has been in care for 15 of
the most recent 22 months, but no later than 3 months after
the end of the first regular session of the state's
legislature that begins after the date of enactment. With
regard to children who are in foster care on the date of
enactment, states would be required to apply the 15 of 22
months rule to one-third of the caseload no later than 6
months after the end of the first legislative session, and
would give priority to children with permanency plans of
adoption and children who have been in foster care for the
greatest length of time. States then would be required to
apply the 15 of 22 months rule to two-thirds of the caseload
no later than 12 months after the end of the first
legislative session. Finally, states must apply the 15 of 22
months rule to all children who are in foster care on the
date of enactment within 18 months after the end of the first
legislative session that begins after the date of enactment.
(Section 103(c))
Nothing in Title IV-E, as amended by this legislation, can
be construed as precluding state courts or state agencies
from initiating the termination of parental rights for other
reasons, or according to earlier timetables, than those
specified, when determined to be in the child's best
interests. These exceptions include cases in which the child
has experienced multiple foster care placements. (Section
103(d))
6. Child Death Review Teams
House bill
No provision.
Senate amendment
To be eligible for payments under Title IV-E, no later than
2 years after enactment states must certify that they have
established and are maintaining a state child death review
team (and, if necessary, regional and local teams) to
investigate child deaths. Such deaths include those in which
there has been a prior report of abuse or neglect or there is
reason to suspect that the death was related to abuse or
neglect, or the child was a ward of the state or otherwise
known to the child welfare agency. State, regional, or local
teams may be existing citizen review panels, as authorized
under CAPTA, or existing foster care review boards.
In addition, HHS would be required to establish a federal
child death review team, with representatives from other
federal agencies, to investigate deaths on federal lands,
provide guidance and technical assistance to states and
localities upon request, and make recommendations to prevent
child deaths. (Section 103)
House amendment
The House Amendment follows the House bill.
7. Criminal Record CHECKS
House bill
At state option, states could provide, as a component of
their Title IV-E plan, procedures for criminal records checks
and checks of a state's child abuse registry for any
prospective foster parents or adoptive parents, and employees
of child care institutions, before the parents or
institutions are finally approved for a placement of a child
eligible for federal subsidies under Title IV-E.
In any case of a criminal conviction of child abuse or
neglect, spousal abuse, crimes against children, or crimes
involving violence (including rape, sexual or other assault,
or homicide), approval could not be granted. In any case of a
criminal conviction for a felony or misdemeanor not involving
violence, or the existence of a substantiated report of abuse
or neglect, final approval could be granted only after
consideration of the nature of the offense, the length of
time since it occurred, the individual's life experiences
since the offense occurred, and any risk to the child.
(Section 17)
Senate amendment
States would be required to provide, as a component of
their Title IV-E plan, procedures for federal and state
criminal records checks for any prospective foster or
adoptive parents and other adults living in their home.
Background checks also would be required for employees of
residential child care institutions. Parents and institutions
must have background checks before being approved for
placement of a child eligible for federal subsidies under
Title IV-E.
In any case of a criminal conviction of child abuse or
neglect, spousal abuse, crimes against children (including
child pornography), or crimes involving violence (including
rape, sexual or other physical assault, battery, or
homicide), approval could not be granted. In addition, if a
state finds that a court of competent jurisdiction has
determined that a drug-related offense has occurred within
the past 5 years, approval could not be granted. (Section
107(a))
This provision would not be construed to supercede any
provision of state law regarding criminal records checks and
other background checks for prospective foster and adoptive
parents and employees of residential child care institutions,
unless such provisions prevent the application of the
requirements in this amendment. (Section 107(b))
House amendment
The House Amendment follows the Senate amendment with
modifications. States would be required to provide, as a
component of their Title IV-E plan, procedures for criminal
records checks for any prospective foster or adoptive
parents, before the parents are finally approved for
placement of a child eligible for federal subsidies under
Title IV-E. In any case of a felony conviction for child
abuse or neglect, spousal abuse, crimes against children
(including child pornography), or crimes involving violence
(including rape, sexual assault, or homicide), approval could
not be granted. In any case of a felony conviction for
physical assault, battery, or a drug-related offense,
approval could not be granted if the felony was committed
within the past 5 years. States could opt out of this
provision through a written notification from the Governor to
the Secretary, or through state law enacted by the
legislature.
8. Quality Standards for Out-of-home Care
House bill
No provision.
Senate amendment
As a component of their state Title IV-E plan, states would
be required to develop and implement standards to ensure that
children in foster care placements in public or private
agencies receive quality services that protect the safety and
health of children. The standards must be developed by
January 1, 1999. (Section 308)
House amendment
The House Amendment follows the Senate amendment. (Section
308)
Title II. Adoption Promotion Provisions
9. Adoption Incentive Payments
House bill
The Secretary of Health and Human Services (HHS) would be
required to make adoption incentive payments to eligible
states for any adoptions of foster children in a given fiscal
year that exceed the number of such adoptions in a base year.
Adoption incentive payments would equal $4,000 for each
adoption of a foster child above the number in the base year,
plus an additional $2,000 for each adoption of a foster child
with special needs above the number in the base year (for a
total of $6,000 for each special needs adoption). For these
incentive payments, $15 million would be authorized for each
of fiscal years 1999 through 2003. The base year is the
previous year with the highest number of adoptions. Relevant
budget acts would be amended to require adjustments in
discretionary spending limits. (Section 4)
Senate amendment
The Senate amendment is similar to the House bill, except:
the Secretary would be authorized, rather than required, to
make adoption incentive payments; to be eligible to receive
incentive payments, states would be required to provide
health insurance coverage to any special needs child for whom
there is an adoption assistance agreement between a state and
the child's adoptive parents; adoption incentive payments
would equal $3,000 for each adoption of a foster child above
the base number, and an additional $3,000 for each adoption
of a foster child with special needs (total of $6,000 for
each special needs adoption); and the base number of
adoptions for determining adoption incentive payments would
be the average number of adoptions for the 3 most recent
fiscal years. (Section 201)
Information required by this legislation would be supplied
through the Adoption and Foster Care Analysis and Reporting
System (AFCARS), to the extent available (see item 26).
House amendment
The House Amendment follows the House bill and the Senate
amendment. The Secretary of HHS would be required to make
adoption incentive payments to eligible states. An eligible
state is one in which adoptions of foster children in FY 1998
exceed the average number during FY 1995-FY
[[Page H10785]]
1997 or, in FY 1999 and subsequent years, in which adoptions
of foster children are higher than in any previous fiscal
year after FY 1996. To be eligible to receive adoption
incentive payments for FY 2001 or FY 2002, states would be
required to provide health insurance coverage to any special
needs child for whom there is an adoption assistance
agreement between a state and the child's adoptive parents.
Adoption incentive payments would equal $4,000 for each
adoption of a foster child above the base number, and an
additional $2,000 for each adoption of a foster child with
special needs (for a total of $6,000 for each special needs
adoption). For these incentive payments, $20 million would be
authorized to be appropriated for each of FYs 1999 through
2003, and discretionary budget caps would be adjusted to
accommodate this additional spending. (Section 201)
10. Technical Assistance to Promote Adoption
House bill
HHS would be authorized to provide technical assistance to
states and localities to promote adoption for foster
children, including: guidelines for expediting termination of
parental rights; encouraged use of concurrent planning;
specialized units and expertise in moving children toward
adoption; risk assessment tools for early identification of
children who would be at risk of harm if returned home;
encouraged use of fast tracking for children under age 1 into
pre-adoptive placements; and programs to place children into
pre-adoptive placements prior to termination of parental
rights
For technical assistance, $10 million would be authorized
for each of fiscal years 1998-2000. (Section 12)
Senate amendment
HHS would be required to provide technical assistance, upon
request, to help states and localities reach their targets
for increased numbers of adoptions. No authorization of
appropriations would be included. (Section 201)
House amendment
The House Amendment follows the House bill, except HHS
would be required to use half of funds appropriated for
technical assistance to the courts. (Section 201)
11. Eligibility for Adoption Assistance in Cases of Dissolved Adoptions
House bill
No provision.
Senate amendment
Children with special needs who had previously been
eligible for federally subsidized adoption assistance under
Title IV-E, and who again become available for adoption
because of the dissolution of their adoption or death of
their adoptive parents, would continue to be eligible for
federally subsidized adoption assistance under Title IV-E in
a subsequent adoption. (Section 307(a)) This provision would
only apply to children who become available for adoption due
to the dissolution of their previous adoption or the death of
their adoptive parents, and whose subsequent adoption occurs
on or after October 1, 1997. (Section 307(b))
House amendment
The House Amendment follows the Senate bill with minor
differences in wording. (Section 307)
12. Health Care Coverage for Special Needs Adopted Children
House bill
No provision.
Senate amendment
As a component of their state Title IV-E plans, states
would be required to provide health insurance coverage for
any child determined to be a child with special needs, for
whom there is an adoption assistance agreement between the
state and the adoptive parents, and who the state has
determined could not be placed for adoption without medical
assistance because the child has special needs for medical or
rehabilitative care. In addition: such health insurance
coverage could be provided through one or more state medical
assistance program; the state would ensure that medical
benefits, including mental health benefits, would be of the
same type and kind as those provided for children by the
state under Medicaid; if the state provides such health
insurance coverage through a program other than Medicaid, and
the state exceeds its funding for services under such
program, then any such child would be deemed to be Title IV-
E-eligible for purposes of Medicaid; and in determining cost-
sharing requirements, the state would be required to take
into consideration the circumstances of the adoptive parents
and the needs of the child. (Section 306)
House amendment
The House Amendment generally follows the Senate amendment.
The agreement makes clear that the state may choose to comply
with this provision by covering the child under Medicaid.
(Section 306)
13. Interjurisdictional Adoption
House bill
No provision.
Senate amendment
As a component of their state Title IV-E plan, states would
be required to provide that neither the state nor any other
entity in the state that receives federal funds and is
involved in adoption would delay or deny the adoptive
placement of a child on the basis of the geographic residence
of the adoptive parent or child. (Section 202(a))
In addition, the Secretary of HHS would be required to
appoint an advisory panel to study interjurisdictional
adoption issues. The panel would submit a report to the
Secretary within 12 months of appointment, including
recommendations for improvements in interjurisdictional
adoptions. The Secretary would forward the report to Congress
and, if appropriate, make recommendations for legislation.
(Section 202(b))
House amendment
The House Amendment generally follows the Senate amendment.
As a component of their Title IV-E state plan, states would
be required to assure that the state would develop plans for
the effective use of cross-jurisdictional resources to
facilitate timely permanent placements for waiting children.
In addition, states would not be eligible for any Title IV-E
payment if the Secretary found that, after the date of
enactment, a state had denied or delayed the placement of a
child when an approved family was available outside the
jurisdiction with responsibility for handling the case of the
child, or denied to grant an opportunity for a fair hearing
to an individual whose allegation of a violation of this
provision was denied by the state or not acted upon with
reasonable promptness. (Sections 202(a) and (b)) It is the
intention of Congress that the best interests of children
remain the critical consideration in adoptive placement
decisions. Congress does not intend to interfere with the
ability of the Interstate Compact on the Placement of
Children to ensure safe and appropriate adoptive placements.
The General Accounting Office (rather than HHS through an
advisory panel) would be required to study and report to
Congress on interjurisdictional adoption issues. (Section
202(b))
Title III. System Accountability and Improvement Provisions
14. Permanency Hearings
House bill
States would be required to hold a first dispositional
hearing within 12 months of a childs placement, instead of
the current 18, and the name of the proceeding would be
changed to ``permanency'' hearing. The hearing's purpose
would be to determine the childs permanency plan, which could
include: returning home; referral for adoption and
termination of parental rights; guardianship; or another
planned, permanent arrangement, which could include the
custody of a fit and willing relative. (Section 5)
Senate amendment
States would be required to hold a first dispositional
hearing within 12 months of the date the child is considered
to have entered foster care, defined as the earlier of the
date of the first judicial hearing after the childs removal
or 30 days after the removal. The hearing would be renamed
``permanency planning'' hearing, and its purpose would be to
determine the childs permanency plan, which could include:
returning home; being placed for adoption and the state would
file a petition to terminate parental rights; being referred
for legal guardianship; or in cases in which the state agency
has documented to the state court a compelling reason why
it would not be in the child's best interest to return
home, being referred for termination of parental rights,
being placed for adoption with a qualified relative or a
legal guardian, or being placed in another planned,
permanent living arrangement. (Section 302)
House amendment
The House Amendment follows the Senate amendment, except
the name of the proceeding is changed to a ``permanency''
hearing rather than a ``permanency planning'' hearing.
(Section 302)
15. Participation in Case Reviews and Hearings
House bill
Foster parents and relatives providing care for a child
would be given notice and an opportunity to be heard at any
review or hearing held with regard to the child. This
provision, however, must not be construed to make any foster
parent a party to such a review or hearing. (Section 6)
Senate amendment
Same as the House bill, except the Senate amendment: would
also apply to any pre-adoptive parent or any other individual
who has provided substitute care for the child; and would
make explicit that relative caretakers, pre-adoptive parents,
and other individuals who have cared for the child, in
addition to foster parents, would not be considered parties
to reviews or hearings solely on the basis of receiving
notice. (Section 105)
House amendment
The House Amendment follows the House bill and Senate
amendment, with minor modifications. Foster parents and
preadoptive parents or relatives providing care for a child
would be given notice and an opportunity to be heard at any
review or hearing held with regard to the child. This
provision must not be construed to make any foster parent,
preadoptive parent or relative a party to such a review or
hearing solely on the basis of receiving notice. (Section
104)
16. Performance Measures for State Child Welfare Programs
House bill
The Secretary of HHS, in conjunction with the American
Public Welfare Association,
[[Page H10786]]
the National Governors' Association, and child advocates,
would be required to develop outcome measures to assess state
child welfare programs and to rate state performance
according to these measures. HHS would submit an annual
report to Congress on state performance; the report would
contain recommendations for improving state performance. The
first report would be due on May 1, 1999. Outcome measures
would include length of stay in foster care, number of foster
care placements, and number of adoptions. To the maximum
extent possible, the report would be developed from data
available from the Adoption and Foster Care Analysis and
Reporting System (AFCARS). (Section 10)
Senate amendment
The Secretary of HHS would be required to issue an annual
report containing ratings of state performance in protecting
children. The first report would be due on May 1, 1999. In
developing the performance measures, the Secretary would be
required to consult with the American Public Welfare
Association, the National Governors Association, the National
Conference of State Legislatures, and child welfare
advocates. The measures would track state performance over
time in the following categories: number of placements for
adoption and for foster care, and whether such placements
were with a relative or a guardian; number of children who
``age out'' of foster care without having been adopted or
placed with a guardian; length of stay in foster care; length
of time between a child's availability for adoption and
actual adoption; number of deaths and substantiated cases of
child abuse or neglect in foster care; and specific steps
taken by the state to facilitate permanence for children.
(Section 203(a))
In addition, the Secretary of HHS, in consultation with
state and local public child welfare officials and child
welfare advocates, would be required to develop and recommend
to Congress a performance-based incentive funding system for
payments under Titles IV-B and IV-E. The report would be due
no later than 6 months after enactment. (Section 203(b))
Information required by this legislation would be supplied
through the Adoption and Foster Care Analysis and Reporting
System (AFCARS) to the extent the information is available
through AFCARS (see item 26).
House amendment
The House Amendment follows the House bill and the Senate
amendment, with modifications. The Secretary of HHS, in
conjunction with Governors, state legislatures, state and
local public officials responsible for administering child
welfare programs, and child advocates, would be required to
develop outcome measures to assess state child welfare
programs and to rate state performance according to these
measures. HHS would submit an annual report to Congress on
state performance, with recommendations for improving state
performance; the first report would be due on May 1, 1999.
Outcome measures would include length of stay in foster care,
number of foster care placements, and number of adoptions,
and, to the maximum extent possible, would be developed from
data available from the Adoption and Foster Care Analysis and
Reporting System (AFCARS). (Section 203(a))
In addition, the Secretary of HHS, in consultation with
state and local public child welfare officials and child
welfare advocates, would be required to develop and recommend
to Congress a performance-based incentive funding system for
payments under Titles IV-B and IV-E. No later than 6 months
after enactment, the Secretary would submit a progress report
on the feasibility, timetable, and consultation process for
conducting a study, with a final report due within 15 months
of enactment. The report may include other recommendations
for restructuring the program and for making payments to
states under Titles IV-B and IV-E. (Section 203(b))
17. Child Welfare Demonstrations
House bill
The number of child welfare demonstrations would be
increased from 10 to 15. At least one of the additional
demonstrations would have to address the issue of kinship
care. (Section 11)
Senate amendment
The current law limitation on the number of demonstrations
that HHS could approve would be eliminated. Demonstrations
would have to be designed to achieve one or more of the
following goals: reducing a backlog of children in long-term
foster care or awaiting adoptive placement; ensuring an
adoptive placement for a child no later than 1 year after the
child enters foster care; identifying and addressing barriers
that result in delays to adoptive placements for children in
foster care; identifying and addressing parental substance
abuse problems that endanger children and result in foster
care placement, including placement of children and parents
together in residential treatment facilities that are
specifically designed to serve parents and children together
to promote family reunification; overcoming barriers to the
adoption of children with special needs resulting from a lack
of health insurance coverage for such children; and any other
goal that the Secretary has already approved on the date
of enactment, or, after the date of enactment, specifies
by regulation.
In considering applications for waivers from states in
which there has been a court order determining a state's
failure to comply with provisions of Titles IV-B or IV-E or
the Constitution, the Secretary would be required to consider
the effect of the waiver on the terms and conditions of the
court order. (Section 301(a)) This provision would not be
construed to affect the terms and conditions of any
demonstrations that had been approved as of the date of
enactment. (Section 301(b))
House amendment
The House Amendment follows the House bill and the Senate
amendment, with modifications. The Secretary would be
authorized to conduct demonstrations that the Secretary finds
are likely to promote the objectives of Title IV-B or IV-E.
The Secretary would be authorized to approve no more than 10
such demonstrations in each of FYs 1998 through 2002. If
appropriate applications were submitted, the Secretary would
be required to consider applications designed to identify and
address barriers that result in delays to adoptive placements
for foster children; identify and address parental substance
abuse problems that endanger children and result in their
placement in foster care, including through placement of
children and parents together in residential treatment
facilities that are specifically designed to serve parents
and children together to promote family reunification; and to
address kinship care. In addition, waivers could be approved
only for those states which provide 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. The Secretary may waive the
current law requirement that demonstrations end after 5
years. In approving demonstrations, the Secretary shall
consider the effect of the demonstration on any court orders
in the state for violations of federal requirements under
Titles IV-B or IV-E or the U.S. Constitution. (Section 301)
Title IV. Additional Provisions
18. Reauthorization and Expansion of the Family Preservation Program
House bill
No provision.
Senate amendment
The family preservation and family support program under
Title IV-B, Subpart 2, would be reauthorized through FY2001,
at the following levels: $275 million in FY1999; $295 million
in FY2000; and $305 million in FY2001. As under current law,
these are capped entitlement funding levels. Existing
allocation formula provisions, including a 1 percent reserve
for Indian tribes, would remain intact. Set-asides for court
improvement grants and for evaluation and research would also
be reauthorized. (Section 305(a))
States would be required to devote significant portions of
their expenditures, after spending no more than 10 percent of
their allotment for administrative costs, to each of the
following four categories of services: community-based family
support services, family preservation services, time-limited
family reunification services, and adoption promotion and
support services.
Time-limited family reunification services would be defined
as services and activities provided to children (and their
parents) who have been removed from home and placed in foster
care, for no longer than 15 months beginning on the date of
their removal from home, to facilitate the child's safe and
appropriate reunification with the family. Such services and
activities include counseling, substance abuse treatment,
mental health services, assistance to address domestic
violence, and transportation. Adoption promotion and support
services would be defined as services and activities designed
to encourage more adoptions out of the foster care system
when adoptions promote the best interests of children.
Subpart 2 of Title IV-B would be renamed ``Promoting
Adoptive, Safe, and Stable Families.'' (Section 305(b)) State
plans under Subpart 2 would be required to contain assurances
that in administering and conducting service programs, the
safety of the children to be served would be of paramount
concern. Additional references to child safety would be added
to the statute. (Section 305(c)) Maintenance of effort
provisions in current law would be clarified to define
nonfederal funds as meaning state funds, or at the option of
the state, state and local funds. This provision would take
effect as if included in the Omnibus Budget Reconciliation
Act of 1993. (Section 305(d))
House amendment
The House Amendment follows the Senate amendment, except
specific examples of adoption promotion and support services
would be deleted and time-limited family reunification
services are limited to 15 months from the date the child
enters foster care. The program would be renamed ``Promoting
Safe and Stable Families.'' (Section 305)
19. Report on Substance Abuse and Child Protection
House bill
The Secretary of HHS would be required to submit a report
to the Committees on Ways and Means and Finance on the
problem of substance abuse in the child welfare population,
services provided to parents who abuse substances, and the
outcomes of such services. This report would be based on
information from the Substance Abuse and Mental Health
Services Administration and the Administration for Children
and Families within HHS, and would be due within 1 year
[[Page H10787]]
of enactment. The report would include recommendations for
legislation. (Section 13)
Senate amendment
No provision.
House amendment
The House Amendment follows the House bill. (Section 405)
20. Kinship Care Report
House bill
The Secretary of HHS would be required to convene an
advisory panel on kinship care no later than March 1, 1998.
By the same date, the Secretary would submit an initial
report to the advisory panel on the extent to which foster
children are placed with relatives. The advisory panel would
review the Secretary's initial report and submit comments by
July 1, 1998. Based on these comments and other information,
the Secretary would submit a final report, by November 1,
1998, to the Committees on Ways and Means and Finance,
containing recommendations. (Section 8)
Senate amendment
Same as the House bill with slight differences in data to
be collected. (Section 303)
House amendment
The House Amendment follows the Senate amendment, except
the dates are changed so that the Secretary would be required
to convene the advisory panel and submit an initial report to
the advisory panel no later than June 1, 1998. The advisory
panel would submit comments to the Secretary no later than
October 1, 1998, and the Secretary would report to Congress
no later than June 1, 1999. (Section 303)
21. Federal Parent Locator Service
House bill
Child welfare agencies would be authorized to use the
Federal Parent Locator Service to assist in locating absent
parents. (Section 9)
Senate amendment
Same as the House bill with minor differences in wording.
(Section 106)
House amendment
The House Amendment follows the Senate amendment. (Section
105)
22. Eligibility for Independent Living Services
House bill
The primary target population for independent living
services would be revised to include children who are no
longer eligible for foster care subsidies under Title IV-E
because they have accumulated assets of up to $5,000.
(Section 14)
Senate amendment
Same as the House bill. (Section 304)
House amendment
The House Amendment follows the House bill and the Senate
amendment.
23. Standby Guardianship
House bill
It would be the sense of Congress that states should have
laws and procedures that would permit a parent who is
chronically ill or near death to designate a standby guardian
for their minor child without surrendering their own parental
rights. The standby guardians authority would take effect
upon the parents death, the onset of mental incapacity of the
parent, or the physical debilitation and consent of the
parent. (Section 18)
Senate amendment
Same as House bill. (Section 403)
House amendment
The House Amendment follows the House bill and the Senate
amendment.
24. Purchase of American-made Equipment
House bill
It would be the sense of Congress that, to the greatest
extent possible, all equipment and products purchased with
funds provided under the Adoption Promotion Act should be
American-made. (Section 16)
Senate amendment
No provision.
House amendment
The House Amendment follows the House bill with a change to
reflect the name of the bill. (Section 406)
25. Preservation of Reasonable Parenting
House bill
No provision.
Senate amendment
Specifies that nothing in this legislation is intended to
disrupt the family unnecessarily or intrude inappropriately
into family life, to prohibit the use of reasonable methods
of parental discipline, or to prescribe a particular method
of parenting. (Section 401)
House amendment
The House Amendment follows the Senate amendment. (Section
401)
26. Use of Data from the Adoption and Foster Care Analysis and
Reporting System (AFCARS)
House bill
No provision.
Senate amendment
Any information required to be reported by this legislation
would be supplied through AFCARS to the extent such
information is available in AFCARS. The Secretary would be
required to modify the AFCARS regulations if necessary to
allow states to obtain data required by this legislation.
(Section 402)
House amendment
The House Amendment follows the Senate amendment. (Section
402)
27. Temporary Reduction in Contingency Fund
House bill
No provision.
Senate amendment
The federal matching rate under Medicaid for state
expenditures related to skilled professional medical
personnel would be reduced to 73%. (Section 405)
House amendment
Neither the House bill nor the Senate amendment was
followed. Rather, the $2 billion federal Contingency Fund for
the Temporary Assistance for Needy Families (TANF) program,
created by the 1996 welfare reform law (P.L. 104-193), would
be reduced by a total of $40 million in outlays over the
period 1998-2002. (Section 404)
Title V. Effective Dates
28. Effective Dates
House bill
October 1, 1997. If the Secretary determines that states
need to enact legislation to comply with state plan
requirements imposed by this legislation, a state plan would
not be considered out of compliance solely because it fails
to meet these requirements until the first day of the
calendar quarter beginning after the close of the next
regular session of the state legislature. In states with a 2-
year legislative session, each year would be deemed a
separate session. (Section 15)
Senate amendment
Same as House bill, except for provisions dealing with
termination of parental rights (see item 5), disrupted
adoptions (see item 11), and the definition of nonfederal
funds under family preservation (see item 18). (Section 501)
House amendment
The House Amendment follows the House bill and Senate
amendment, with a modification to change October 1, 1997, to
the date of enactment. (Section 501)
Mrs. KENNELLY of Connecticut. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, first let me thank the gentleman from Florida, Mr. Clay
Shaw, the subcommittee chair with jurisdiction over this bill, for his
incredible support, his patience, and his willingness to work alongside
the gentleman from Michigan, Mr. Camp, and myself to make sure that
this day came about. I really appreciate what he has done. His
leadership has been outstanding. I thank him very much.
I also want to say on the floor today what a delight it has been to
work with the gentleman from Michigan, Mr. Dave Camp. He truly
intimately, personally understood what this bill was about. He
personally cared about the children of America.
The past week or so as we were having the struggle to see if the
Senate would in fact take up this bill, he daily went to see his Senate
friends, and sometimes I wondered if they were his friends, but those
that were working on this bill, trying to tell them how important it
was that we pass this bill before this session ended.
The reason for that, Mr. Speaker, was this past April the House took
the important step toward protecting children and promoting adoption.
Today we can finish that job by sending to the President this bill, an
amended version of the same legislation that we passed in April.
As I said to the Senators on the finance committee a little over a
month ago, I could not understand how we could go home to our loving
families for the holidays, for Thanksgiving and Christmas, and not act
upon this bill, because this bill is about children of America who do
not have safe, loving, and permanent homes. If we did not act upon this
bill they would not have the hope of safe, loving, permanent homes.
This legislation we can all agree on is putting children on a fast
track from foster care to safe and loving and permanent homes. This is
what this is all about.
Before I continue I also want to thank the gentleman from Michigan
[Mr. Levin], the ranking member, the democratic ranking member of the
subcommittee, for being so supportive of this legislation. Also, one of
the reasons we have reached this point is that our First Lady, Mrs.
Hillary Clinton, was incredibly supportive of this effort, to the point
that she went one on one on one to the various members of the Senate
who really wanted this legislation, wanted it as badly, I think, as we
did, but they wanted a perfect piece of legislation.
What the gentleman from Michigan, Mr. David Camp and I realized is
that at this point in time we could not do a perfect piece of
legislation, but what we could do was a very good piece of legislation.
Mrs. Clinton understood that we were beginning down the path
[[Page H10788]]
of giving children safe, permanent, loving homes. She was there with us
lobbying on behalf of the children of the United States of America,
urging, urging and pleading that we pass this legislation now.
When we think about a child who is 3 years old, and the fact that
they can spend 18 months in a foster care home and be returned to their
home that is not a good home, and then returned to another foster care
home, this is their life. For a child, this is something that we should
not do to them. Mrs. Clinton understood it, the gentleman from Florida
[Mr. Shaw] understood it, the gentleman from Michigan [Mr. Camp] and I
understood it. That is where we are today.
This legislation is very similar to that that we passed in April by
416 votes to 5. The focus remains on providing permanency and
protection for foster care children. Like the original House-passed
adoption bill, this legislation includes financial bonuses for States
and increases the number of children leaving foster care for adoption,
and requires States to expedite permanency hearings for children in
foster care.
Also, like the House bill, this measure clarifies when children
should not be returned home, such as, and I cannot believe I am saying
these words, but the fact of the matter happens, such as when torture
or sexual abuse or chronic physical abuse is occurring in that home, no
child should have to remain in that home.
This might sound like common sense, but we told the States about 15
years ago to make reasonable efforts to reunify families, without
telling them exactly what we meant by reasonable. Unfortunately, in
practice, reasonable efforts became every effort, putting a child at
risk. So we are now telling States there are times when returning a
child home presents too great a risk to that child's safety, and that
is not a risk that we are willing to take.
The legislation also requires States to expedite the termination of
parental rights when reunifying the family is not possible. This will
eliminate one more barrier to adoption. There are also a few additions
to the original House-passed legislation, including the reauthorization
of the family preservation program, which has been amended to place a
greater emphasis on adoption services when returning children to their
birth families, and when that is not possible, we are very clear in
defining what we mean by reasonable efforts.
The National Governors Association has already expressed its strong
support for reauthorizing this program, saying the ability of States to
tailor these funds to particular needs of the community have made this
particularly a valuable program. Furthermore, this legislation includes
a Senate provision ensuring that special needs children with severe
medical problems will have continued access to health coverage, when
they are in foster care or in the process of adoption.
Mr. Speaker, this legislation will not eliminate child abuse or
guarantee a permanent home for every child, but it will take a
significant first step forward on the road to providing protection and
permanency for our Nation's abused, neglected, and sometimes forgotten
children. I urge passage of this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan [Mr. Camp], the coauthor of this legislation.
Mr. CAMP. Mr. Speaker, I thank the gentleman from Florida [Mr. Shaw],
the chairman, for yielding time to me. Without his steadfast support,
we would not be on the floor with this adoption bill today. He has been
every bit a chairman, has been very much involved with this process,
and I very much want to thank him for his efforts in bringing this to a
reality.
I also want to thank my coauthor, the gentlewoman from Connecticut,
Mrs. Barbara Kennelly, who has also been there every step of the way,
and I believe her testimony before the Senate, where she implored them
to pass a bill to help children before we go home for the holidays to
our own loving families, was a turning point in the negotiation; and
also the ranking member, the gentleman from Michigan, Mr. Sander Levin,
for his support and effort in this area as well. The administration, we
worked with them as well, and this has been a bipartisan bill. I think
that is one of the reasons why we are on the floor today.
I think today is a great day for our Nation's foster and adoptive
children. Today is the day that Congress improves our foster care laws
and eases the pathway for adoption. Since 1980, foster care children
have entered a system that has often worked against them, making foster
care a permanent answer instead of a temporary solution to their
problems.
In 1980 Congress enacted the Adoption Assistance and Child Welfare
Act, which sought to improve the foster care system. The 1980 law,
while well-intended, has created a system where nearly half a million
children currently reside in foster care. Many remain in the system for
more than 2 years, which is a lifetime for a child. This legislation,
however, is not about numbers and statistics, it is about children and
families.
For a child of any age, 2 years in foster care is far too long. It is
2 years of uncertainty, 2 years of not knowing where their next home
will be, or not knowing the love of a parent. This legislation makes
several changes that will ensure our children grow up in the sanctuary
of a permanent, loving home instead of a temporary shelter.
First, we make the health and safety of the child of paramount
importance in any decision affecting our children. No child should be
returned to a dangerous environment where they may face continued abuse
or even death. Our bill makes sure the child's health and safety are
taken into account in that decision.
We also clarify the circumstances under which States are not required
to pursue reasonable efforts. Under the bill, States would not be
required to pursue reasonable efforts if a child had been abandoned,
tortured, chronically or sexually abused, or if the parents had
murdered a sibling.
Second, we allow States to conduct what is known as concurrent
planning, which allows the State to make permanency arrangements for
adoption while attempts to reunite the family are made. Many children
remain in foster care so long because States fail to make arrangements
for the child should reunification efforts fail.
Third, we provide incentive payments to States that quickly find
permanent, loving homes. States will receive incentive payments of
$4,000 for each adoption and $6,000 for special needs adoptions. From
the beginning, Republicans and Democrats, both House and Senate, have
worked together on behalf of our Nation's children. I have no doubt
that the commitment to helping those children will continue until this
bill is signed into law.
We are on the brink of a significant accomplishment. It is our
children who are the beneficiaries. This bill will ensure that a
permanent, loving home is within the reach of every child. In the eyes
of every child, we see the boundless possibilities for our future. No
child should grow up without a loving home. But in those instances
where changes must be made, we must have a system that works on behalf
of the child, not against them.
Again, I want to thank the chairman of the subcommittee for his
efforts, and my coauthor, the gentlewoman from Connecticut, Mrs.
Barbara Kennelly, for bringing this bill to the floor.
Mrs. KENNELLY of Connecticut. Mr. Speaker, I yield 3 minutes to the
gentleman from Michigan [Mr. Levin], the ranking member on the
Subcommittee on Human Resources of the Committee on Ways and Means,
Mr. LEVIN. Mr. Speaker, I thank the gentlewoman for yielding time to
me.
Mr. Speaker, I offer congratulations to the gentleman from Michigan,
Mr. David Camp, and the gentleman from Florida, Mr. Clay Shaw, the
chairman of the subcommittee. The gentlewoman from Connecticut [Mrs.
Kennelly] will some day in the next year or so be leaving this
institution, I hope for another one. But it is interesting how her
energy has been unflagging, as has that of the gentleman from Michigan
[Mr. Camp]. Without their enterprise, this bill would not be in the
process of enactment. I have enjoyed, again, working with the chairman
of the committee on this important measure.
[[Page H10789]]
I would also like to pay tribute to the administration for all of its
dedication and its energy, as well as to our staff, to all of the staff
who worked so hard on this.
{time} 1100
The big winners today are obviously the tens of thousands of children
who are in the foster care system who need to move on into a permanent
setting.
I want to, though, say just a word about other implications of this
legislation. I think it reflects the fact that, indeed, in certain
vital areas it is critical that there be a constructive partnership
between the Federal Government and State and local government. We often
here get hung up in theoretical battles about who should do what. Often
the answer is working together on the Federal, State, and local levels.
We have in this bill certain roles for the Federal Government, not only
funding, but a scorecard. And this indicates that we need to do this
together.
Second, I think this bill shows that the wild swings of the pendulum
in this area are really unfortunate. In my years on the committee, we
have been arguing which is better, family preservation or reunification
or adoption. I think what this bill says is kind of, get on with it.
Let us do what is right for the child, and what is right for the child
will depend on each particular case. But do not tarry. We should make a
decision.
One last point. The funding for this comes from a slight deviation
from the contingency fund, or diversion. And we have discussed this.
And as I have indicated to the gentleman from Florida [Mr. Shaw], it is
my hope that next year we will be able to look at the contingency fund
in welfare reform to be sure there is adequate funding. It was
critical, though, that we move ahead this year. I am pleased to have
been a small part of it.
Again, I want to pay tribute to the gentleman from Michigan [Mr.
Camp], to the gentlewoman from Connecticut [Mrs. Kennelly] and to the
gentleman from Florida [Mr. Shaw] for all of their work.
Mr. SHAW. Mr. Speaker, I yield 3 minutes to the gentlewoman from Ohio
[Ms. Pryce], who has been very active in this area of adoption on both
the floor and since she has come to the Congress.
Ms. PRYCE of Ohio. Mr. Speaker, I thank the gentleman from Florida
[Mr. Shaw] for yielding me the time.
I rise in strong support of the bipartisan Adoption Promotion Act. I
want to thank my colleagues, especially the gentleman from Florida [Mr.
Shaw], the gentleman from Michigan [Mr. Camp] and the gentlewoman from
Connecticut [Mrs. Kennelly] for all their hard work and dedication on
this issue, and also my colleague from Ohio in the other body Senator
DeWine.
Last April, the House passed this bill by an overwhelming vote of 416
to 5. Since then, we have been patiently waiting for the Senate to
follow our lead. That day has come. With the passage of this bill
today, we will move one step closer to giving the hope of permanency to
children in need of a stable, loving home.
Mr. Speaker, every child in America deserves a family and home filled
with love and security, free from abuse, free from neglect or the
threat of violence. The sad truth is that many children do not enjoy
that most basic human right. Of nearly half a million children in
foster care, only about 17,000 have entered permanent adoptive homes.
What is more astonishing is that, during each of the past 10 years,
more children have entered the foster care system than have left it.
This legislation will speed the adoption process, especially for
those children with the greatest need, those who have been abused or
neglected. In addition, we will elevate children's rights so that a
child's health and safety will be of paramount concern under the law.
Mr. Speaker, this is one of the most important changes we can make.
Because too often a foster child's best interest, along with common
sense, are abandoned as courts and welfare agencies work overtime to
put children back in dangerous situations in the name of family
reunification. This bill corrects the perverse incentives of the
current system that gives States more money if they have more children
in foster care. That is just crazy. Now we will provide States more
money if they reduce their foster care caseload by placing kids in
permanent, stable homes.
Congress and the Federal Government cannot legislate compassion and
love for all the Nation's children, but through this legislation we can
take reasonable steps to promote family stability and to give children,
especially foster children, a fighting chance to see the loving homes
that they deserve.
Mr. Speaker, in the interest of thousands of children who need a true
family to love and protect them, I urge my colleagues to support this
most important legislation. Let us do it for the children.
Mrs. KENNELLY of Connecticut. Mr. Speaker, I yield 4 minutes to the
gentleman from North Dakota [Mr. Pomeroy].
Mr. POMEROY. Mr. Speaker, it is very, very rare to sit as a Member of
this body and to feel so strongly about the good of the legislation
before us. I just want to go ``yes.'' But that is what I feel on this
legislation. And for all we get up and gasp, one Member to another,
about how we have been working together and all that, this time I mean
it, the gentleman from Michigan [Mr. Camp] and the gentlewoman from
Connecticut [Mrs. Kennelly], I will forever appreciate and never forget
how good their work has been. It is just fabulous.
It is an emotional topic to me because I have adopted two children
out of foster care. We got Katherine at 3\1/2\ months and Scott at 4\1/
2\ months. They were babies. We could get on with the business of being
a family. And we know that from that comes not just emotional
dimensions of stability and security and self-esteem, but actually
neurological development issues that are so critical to the ultimate
opportunity and fate and lives that these little beings will have.
We face the reality today that there are tens of thousands of
precious lives out there in a state of limbo, unable to know where they
are going to end up, unable to attach to the loving care-givers that
they are spending their days with because they do not know whether they
are not going to be with that care-giver anymore.
In some instances, abused children live daily with the fear that they
may be sent back by some people in some process they do not begin to
understand into a home where the abuse occurred in the first place.
They do not even go to bed at night with the sense of personal safety
and security. This legislation offers an opportunity to change that.
We have on the books a bill that requires reasonable efforts to
achieve family reunification, and that has sent a mixed signal from
this body to those on the front lines trying to make this
excruciatingly difficult system work. It is time we help clarify the
primary objective. And the primary objective comes down to something
terribly, terribly simple: Children need families. And that needs to be
the overriding goal.
Now, as a parent, I can tell my colleagues that families need
children as an also urgent part of this process. But it is the
children's interest that is clearly before us and advanced by this
legislation. It does so significantly. First of all, it addresses that
safety issue. If they are from an abusive home or where there is a
question in terms of their safety, they will never be sent back there
again, they will never be subject to that threat again.
Second, it brings resolution to the process. For those that are on
their fourth or fifth or sixth foster home, while some social worker
works to try and make an adult out of a parent whose immaturity has
made parenting skills impossible, we bring resolution to that process;
we put this child on track toward a permanent home so they can get on
with their development within 1 year.
And finally, we provide the resources to help the States in this
regard: $10 million annually over the next 3 years for technical
assistance, $208 million over the next 5 years to fund the incentives
for States so they might take the steps to get this done.
I thank the gentleman from Michigan [Mr. Camp], the gentleman from
Florida [Mr. Shaw]. I thank the gentleman from Michigan [Mr. Levin] and
the gentlewoman from Connecticut [Mrs. Kennelly]. As they leave this
[[Page H10790]]
chamber at the end of this Congress, they will have many, many works of
legislative achievement to look back upon. For my money, this one will
be the hallmark. They have made a lasting contribution to the well-
beings of the children of this country and foster care this morning.
And again, I thank them. And on behalf of the people of this country, I
thank them for this good work.
Mrs. KENNELLY of Connecticut. Mr. Speaker, I would like to wrap up
this side of the aisle, and I yield myself such time as I may consume.
Also, I want to thank the gentleman from North Dakota [Mr. Pomeroy]
for that statement. He has been there. He has lived it. He has done it.
And I thank him very much for coming here today and telling us about
it.
I also want to put on the Record the fact that Sister Josephine
Murphy, director of St. Anne's Infant and Maternity Home in
Hyattsville, MD, has been very, very helpful in bringing this piece of
legislation forward. As the gentleman from North Dakota [Mr. Pomeroy]
spoke from a permanent position, so did Sister Josephine tell us about
her day-in, day-out work with children and the facts of the matter of
one child is returned to an abusive home and how, in fact, that child
knows how wrong that is and the suffering that is involved.
Mr. Speaker, our foster care system is an extremely valuable safety
net, and I want to emphasize that. The foster care parents across this
country are doing valuable service for children who cannot stay in
their own birth homes, and I salute them and thank them.
What this bill is about really, though, is to have a child in a
permanent home. And where that safety net is there in a foster care
home, the child knows when the home is not permanent. When they go to
school, they know that the home they are in is not a permanent home.
And though they are glad to be there in the safety of that foster care
home, what this bill does is bring forward a safe harbor, a place of
permanency and love for this child.
We have to state that the number of children in foster care has
almost doubled over the last 12 years; 276,000 12 years ago, now twice
that amount. And more than 40 percent of foster children stay in the
system for more than 2 years. And when a child is 3 years old,
obviously that is much too much. This legislation attempts to reverse
this trend by placing greater emphasis on finding adoptive parents for
children in foster care.
The bill provides States with a financial incentive; $4,000 a child,
$6,000 if it is a hard-to-place child. This legislation requires States
to remove barriers to adoptions such as parental rights to children who
will never return to their birth home.
This does not mean we intend to end our Nation's policy of keeping
families together. What this legislation leaves intact is a so-called
reasonable effort requirement to help reunify families and reauthorize
the preservation program for these families. But the bill does attempt
to identify situations in which reunifying the family seems unwise or
unlikely, such as when severe abuse is taking place.
Let me quote one more time the Washington Post, who summed it up best
when it said the bill ``puts a new and welcome emphasis on the
children.''
Mr. Speaker, I yield back the remainder of my time.
Mr. SHAW. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I think there are so many people who have been working
on this legislation. The gentlewoman from Connecticut [Mrs. Kennelly]
mentioned Sister Josephine Murphy, whose personal experience that she
shared with us in such a dynamic way both at a press conference
immediately preceding this bill coming to the floor, as well as before
the committee. We had so many wonderful witnesses give testimony as to
what is happening out there and the tragedy of foster care as opposed
to getting people into adoption.
I want to thank a few of the staff people, too: Casey Bevan, whose
experience in this area has been invaluable to the committee. Deborah
Colton, the chief of staff on the Democrat side of the subcommittee,
has done a tremendous job of cooperation, as, of course, her boss, the
gentleman from Michigan [Mr. Levin] has done a tremendous job, for
which I am deeply appreciative; and, of course, Ron Haskins, who is the
chief of staff on the Republican side and the subcommittee. To all of
them, all of my colleagues know that we cannot function with good
legislation without competent staff. The competence has been tremendous
in this regard, and we certainly appreciate it.
I want to close at this time, Mr. Speaker, in sharing with my
colleagues an article that was in the Orlando Sentinel. I was in
Orlando Monday night, spending the night, and Tuesday morning. The
headline in one of the lead stories in the Orlando Sentinel was a
colored picture of a baby who is designated as ``Disney's darling.''
The reason she was is that she was found in the restroom in the Magic
Kingdom, actually in a toilet, where the mother had left this poor
child. They had to give the child CPR. But I am pleased to tell my
colleagues that this child is doing well. She is loved by the care she
is receiving now in the hospital. Her mother is unknown, as, of course,
her father is, too. She has been named by the people at the hospital as
Baby Jasmine.
I think the House should reflect a moment on the historic nature of
what we are doing today. Baby Jasmine has a real good shot, in fact, I
would say a probability at this point, partly because of this
legislation, that Christmas of 1998 will find her with a real family,
her permanent family, a loving family in which she will celebrate the
Christmas holidays. And that is a wonderful thing to look forward to
for Baby Jasmine, as well as thousands of other kids.
So when we approach the holiday season next year, we will know that
this vote, this legislation, has been responsible for placing so many
of these kids in a permanent loving home.
{time} 1115
I want to close with the words of a 3-year-old. I stated these words
when the original bill came to the House floor, but I cannot think of
any words that express the meaning of what we are doing today better
than these words from a 3-year-old. In meeting her adoptive family, the
first family that she had ever known in her 3 years, her first comment,
standing in front of them with her hands on her hips, saying, ``Where
have you been?'' ``Where have you been?''
This bill is going to expedite this entire process and it is going to
bring about the joy of adoption and the bonding of a real family to so
many kids.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Miller of Florida). The question is on
the motion offered by the gentleman from Florida [Mr. Shaw], that the
House suspend the rules and agree to the resolution, House Resolution
327.
The question was taken.
Mr. SHAW. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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