Home > 105th Congressional Bills > H.R. 867 (eh) To promote the adoption of children in foster care. ...H.R. 867 (eh) To promote the adoption of children in foster care. ...
In the Senate of the United States,
November 8, 1997.
Resolved, That the bill from the House of Representatives (H.R.
867) entitled ``An Act to promote the adoption of children in foster
care.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promotion of
Adoption, Safety, and Support for Abused and Neglected Children (PASS)
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system
requirements.
Sec. 103. Multidisciplinary/multiagency child death review teams.
Sec. 104. States required to initiate or join proceedings to terminate
parental rights for certain children in
foster care.
Sec. 105. Notice of reviews and hearings; opportunity to be heard.
Sec. 106. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 107. Criminal records checks for prospective foster and adoptive
parents and group care staff.
Sec. 108. Documentation of efforts for adoption or location of a
permanent home.
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. State performance in protecting children.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Expansion of child welfare demonstration projects.
Sec. 302. Permanency planning hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living
services.
Sec. 305. Reauthorization and expansion of family preservation and
support services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments
on behalf of children with special needs
whose initial adoption has been disrupted.
Sec. 308. State standards to ensure quality services for children in
foster care.
TITLE IV--MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIREMENT.
(a) In General.--Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended to read as follows:
``(15) provides that--
``(A) in determining reasonable efforts, as
described in this section, the child's health and
safety shall be the paramount concern;
``(B) reasonable efforts shall be made to preserve
and reunify families--
``(i) prior to the placement of a child in
foster care, to prevent or eliminate the need
for removing the child from the child's home
when the child can be cared for at home without
endangering the child's health or safety; or
``(ii) to make it possible for the child to
safely return to the child's home;
``(C) reasonable efforts shall not be required on
behalf of any parent--
``(i) if a court of competent jurisdiction
has made a determination that the parent has--
``(I) committed murder (which would
have been an offense under section
1111(a) of title 18, United States
Code, if the offense had occurred in
the special maritime or territorial
jurisdiction of the United States) of
another child of the parent;
``(II) committed voluntary
manslaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of the parent;
``(III) aided or abetted,
attempted, conspired, or solicited to
commit such murder or voluntary
manslaughter; or
``(IV) committed a felony assault
that results in serious bodily injury
to the child or another child of the
parent;
``(ii) if a court of competent jurisdiction
determines that returning the child to the home
of the parent would pose a serious risk to the
child's health or safety (including but not
limited to cases of abandonment, torture,
chronic physical abuse, sexual abuse, or a
previous involuntary termination of parental
rights with respect to a sibling of the child);
or
``(iii) if the State, through legislation,
has specified cases in which the State is not
required to make reasonable efforts because of
serious circumstances that endanger a child's
health or safety;
``(D) if reasonable efforts of the type described
in subparagraph (B) are not made as a result of a
determination made by a court of competent jurisdiction
in accordance with subparagraph (C)--
``(i) a permanency planning hearing (as
described in section 475(5)(C)) shall be held
for the child within 30 days of such
determination; and
``(ii) reasonable efforts shall be made to
place the child in a timely manner in
accordance with the permanency plan, and to
complete whatever steps are necessary to
finalize the permanent placement of the child;
and
``(E) reasonable efforts to place a child for
adoption or with a legal guardian or custodian may be
made concurrently with reasonable efforts of the type
described in subparagraph (B);''.
(b) Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C.
672(a)(1)) is amended by inserting ``for a child'' before ``have been
made''.
(c) Rule of Construction.--Nothing in part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act,
shall be construed as precluding State courts from exercising their
discretion to protect the health and safety of children in individual
cases, when such cases do not include aggravated circumstances, as
defined by State law.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM
REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended--
(1) in section 422(b)(10)(B) (as redesignated by section
5592(a)(1)(A)(iii) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 644))--
(A) in clause (iii)(I), by inserting ``safe and''
after ``where''; and
(B) in clause (iv), by inserting ``safely'' after
``remain''; and
(2) in section 475--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``safety and'' after ``discussion of the''; and
(ii) in subparagraph (B)--
(I) by inserting ``safe and'' after
``child receives''; and
(II) by inserting ``safe'' after
``return of the child to his own''; and
(B) in paragraph (5)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``a safe
setting that is'' after ``placement in''; and
(ii) in subparagraph (B)--
(I) by inserting ``the safety of
the child,'' after ``determine''; and
(II) by inserting ``and safely
maintained in'' after ``returned to''.
SEC. 103. MULTIDISCIPLINARY/MULTIAGENCY CHILD DEATH REVIEW TEAMS.
(a) State Child Death Review Teams.--Section 471 of the Social
Security Act (42 U.S.C. 671) is amended by adding at the end the
following:
``(c)(1) In order to investigate and prevent child death from fatal
abuse and neglect, not later than 2 years after the date of the
enactment of this subsection, a State, in order to be eligible for
payments under this part, shall submit to the Secretary a certification
that the State has established and is maintaining, in accordance with
applicable confidentiality laws, a State child death review team, and
if necessary in order to cover all counties in the State, child death
review teams on the regional or local level, that shall review child
deaths, including deaths in which--
``(A) there is a record of a prior report of child abuse or
neglect or there is reason to suspect that the child death was
caused by, or related to, child abuse or neglect; or
``(B) the child who died was a ward of the State or was
otherwise known to the State or local child welfare service
agency.
``(2) A citizen review panel established in accordance with section
106(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(c)) or a foster care review board may be a State, regional, or
local child death review team for purposes of satisfying the
requirements of paragraph (1).''.
(b) Federal Child Death Review Team.--Section 471 of the Social
Security Act (42 U.S.C. 671), as amended by subsection (a), is amended
by adding at the end the following:
``(d)(1) The Secretary shall establish a Federal child death review
team that shall consist of at least the following:
``(A) Representatives of the following Federal agencies who
have expertise in the prevention or treatment of child abuse
and neglect:
``(i) Department of Health and Human Services.
``(ii) Department of Justice.
``(iii) Bureau of Indian Affairs.
``(iv) Department of Defense.
``(v) Bureau of the Census.
``(B) Representatives of national child-serving
organizations who have expertise in the prevention or treatment
of child abuse and neglect and that, at a minimum, represent
the health, child welfare, social services, and law enforcement
fields.
``(2) The Federal child death review team established under this
subsection shall--
``(A) review reports of child deaths on military
installations and other Federal lands, and coordinate with
Indian tribal organizations in the review of child deaths on
Indian reservations;
``(B) upon request, provide guidance and technical
assistance to States and localities seeking to initiate or
improve child death review teams and to prevent child
fatalities; and
``(C) develop recommendations on related policy and
procedural issues for Congress, relevant Federal agencies, and
States and localities for the purpose of preventing child
fatalities.''.
SEC. 104. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) Requirement for Proceedings.--Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of a child who has been in foster
care under the responsibility of the State for 12 of
the most recent 18 months, or, if a court of competent
jurisdiction has determined an infant to have been
abandoned (as defined under State law), or made a
determination that the parent has committed murder of
another child of such parent, committed voluntary
manslaughter of another child of such parent, aided or
abetted, attempted, conspired, or solicited to commit
such murder or voluntary manslaughter, or committed a
felony assault that results in serious bodily injury to
the surviving child or to another child of such parent,
the State shall file a petition to terminate the
parental rights of the child's parents (or, if such a
petition has been filed by another party, seek to be
joined as a party to the petition), and, concurrently,
to identify, recruit, process, and approve a qualified
family for an adoption, unless--
``(i) at the option of the State, the child
is being cared for by a relative;
``(ii) a State agency has documented to a
State court a compelling reason for determining
that filing such a petition would not be in the
best interests of the child; or
``(iii) the State has not provided to the
family of the child such services as the State
deems necessary for the safe return of the
child to the child's home.''.
(b) Determination of Beginning of Foster Care.--Section 475(5) of
the Social Security Act (42 U.S.C. 675(5)), as amended by subsection
(a), is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
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