Home > 105th Congressional Bills > H.R. 867 (rh) To promote the adoption of children in foster care. ...H.R. 867 (rh) To promote the adoption of children in foster care. ...
Calendar No. 66
105th CONGRESS
1st Session
H. R. 867
_______________________________________________________________________
AN ACT
To promote the adoption of children in foster care.
_______________________________________________________________________
June 3, 1997
Read the second time and placed on the calendar
Calendar No. 66
105th CONGRESS
1st Session
H. R. 867
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 1997
Received
June 2, 1997
Read the first time
June 3, 1997
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To promote the adoption of children in foster care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Adoption Promotion
Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Clarification of the reasonable efforts requirement.
Sec. 3. States required to initiate or join proceedings to terminate
parental rights for certain children in
foster care.
Sec. 4. Adoption incentive payments.
Sec. 5. Earlier status reviews and permanency hearings.
Sec. 6. Notice of reviews and hearings; opportunity to be heard.
Sec. 7. Documentation of reasonable efforts to adopt.
Sec. 8. Kinship care.
Sec. 9. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 10. Performance of States in protecting children.
Sec. 11. Authority to approve more child protection demonstration
projects.
Sec. 12. Technical assistance.
Sec. 13. Coordination of substance abuse and child protection services.
Sec. 14. Clarification of eligible population for independent living
services.
Sec. 15. Effective date.
Sec. 16. Purchase of American-made equipment and products.
Sec. 17. Criminal records checks for prospective foster and adoptive
parents and group care staff.
Sec. 18. Standby guardianship.
SEC. 2. 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)(A) provides that--
``(i) except as provided in clauses (ii) and (iii),
reasonable efforts shall be made--
``(I) before a child is placed in foster
care, to prevent or eliminate the need to
remove the child from the child's home; and
``(II) to make it possible for the child to
return home;
``(ii) if continuation of reasonable efforts of the
type described in clause (i) is determined to be
inconsistent with the permanency plan for the child,
reasonable efforts of the type required by clause
(iii)(II) shall be made;
``(iii) if a court of competent jurisdiction has
determined that the child has been subjected to
aggravated circumstances (as defined by State law,
which definition may include abandonment, torture,
chronic abuse, and sexual abuse) or parental conduct
described in section 106(b)(2)(A)(xii) of the Child
Abuse Prevention and Treatment Act, or that the
parental rights of a parent with respect to a sibling
of the child have been terminated involuntarily--
``(I) reasonable efforts of the type
described in clause (i) shall not be required
to be made with respect to any parent of the
child who has been involved in subjecting the
child to such circumstances or such conduct, or
whose parental rights with respect to a sibling
of the child have been terminated
involuntarily; and
``(II) if reasonable efforts of the type
described in clause (i) are not made or are
discontinued, reasonable efforts shall be made
to place the child for adoption, with a legal
guardian, or (if adoption or legal guardianship
is determined not to be appropriate for the
child) in some other planned, permanent living
arrangement; and
``(iv) reasonable efforts of the type described in
clause (iii)(II) may be made concurrently with
reasonable efforts of the type described in clause (i);
and
``(B) in determining the reasonable efforts to be
made with respect to a child and in making such
reasonable efforts, the child's health and safety shall
be of paramount concern;''.
(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''.
SEC. 3. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) In General.--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 not attained
10 years of age and has been in foster care under the
responsibility of the State for 18 months of the most
recent 24 months, 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),
unless--
``(i) at the option of the State, the child
is being cared for by a relative;
``(ii) a State court or State agency has
documented 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 appropriate, if reasonable efforts of the
type described in section 471(a)(15)(A)(i) are
required to be made with respect to the
child.''.
(b) Limitation on Applicability.--The amendments made by subsection
(a) shall apply only to children entering foster care on or after
October 1, 1997.
SEC. 4. 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 appropriations Acts, 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 for the fiscal year under this section, which shall be
payable in the immediately succeeding fiscal year.
``(b) Incentive-Eligible State.--A State is an incentive-eligible
State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster child
adoptions for the State for the fiscal year;
``(3) the State is in compliance with subsection (c) for
the fiscal year; and
``(4) the fiscal year is any of fiscal years 1998 through
2002.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2) for fiscal year
1997 (or, if later, the fiscal year that precedes the 1st
fiscal year for which the State seeks a grant under this
section) and for each succeeding fiscal year.
``(2) Determination of numbers of adoptions.--
``(A) Determinations based on afcars data.--Except
as provided in subparagraph (B), the Secretary shall
determine the numbers of foster child adoptions and of
special needs adoptions in a State during each of
fiscal years 1997 through 2002, for purposes of this
section, on the basis of data meeting the requirements
of the system established pursuant to section 479, as
reported by the State in May of the fiscal year and in
November of the succeeding fiscal year, and approved by
the Secretary by April 1 of the succeeding fiscal year.
``(B) Alternative data sources permitted for fiscal
year 1997.--For purposes of the determination described
in subparagraph (A) for fiscal year 1997, the Secretary
may use data from a source or sources other than that
specified in subparagraph (A) that the Secretary finds
to be of equivalent completeness and reliability, as
reported by a State by November 30, 1997, and approved
by the Secretary by March 1, 1998.
``(3) No waiver of afcars requirements.--This section shall
not be construed to alter or affect any requirement of section
479 or any regulation prescribed under such section with
respect to reporting of data by States, or to waive any penalty
for failure to comply with the requirements.
``(d) Adoption Incentive Payment.--
``(1) In general.--Except as provided in paragraph (2), the
adoption incentive payment payable to a State for a fiscal year
under this section shall be equal to the sum of--
``(A) $4,000, multiplied by amount (if any) by
which the number of foster child adoptions in the State
during the fiscal year exceeds the base number of
foster child adoptions for the State for the fiscal
year; and
``(B) $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.--If the total amount of adoption incentive payments
otherwise payable under this section for a fiscal year exceeds
$15,000,000, 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 $15,000,000,
divided by the total amount of adoption incentive
payments otherwise payable under this section for the
fiscal year.
``(e) 2-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for
use by the State through the end of the succeeding fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under section 474.
``(g) Definitions.--As used in this section:
``(1) Foster child adoption.--The term `foster child
adoption' means the final adoption of a child who, at the time
of adoptive placement, was in foster care under the supervision
of the State.
``(2) Special needs adoption.--The term `special needs
adoption' means the final adoption of a child for whom an
adoption assistance agreement is in effect under section 473.
``(3) Base number of foster child adoptions.--The term
`base number of foster child adoptions for a State' means, with
respect to a fiscal year, the largest number of foster child
adoptions in the State in fiscal year 1997 (or, if later, the
1st fiscal year for which the State has furnished to the
Secretary the data described in subsection (c)(2)) or in any
succeeding fiscal year preceding the fiscal year.
``(4) Base number of special needs adoptions.--The term
`base number of special needs adoptions for a State' means,
with respect to a fiscal year, the largest number of special
needs adoptions in the State in fiscal year 1997 (or, if later,
the 1st fiscal year for which the State has furnished to the
Secretary the data described in subsection (c)(2)) or in any
succeeding fiscal year preceding the fiscal year.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under this section, there are
authorized to be appropriated to the Secretary $15,000,000 for
each of fiscal years 1999 through 2003.
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended, but not
after fiscal year 2003.''.
(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 is
amended by adding at the end the following new subparagraph:
``(I) Adoption incentive payments.--Whenever a bill
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