[House Report 105-77]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-77
_______________________________________________________________________
ADOPTION PROMOTION ACT OF 1997
_______
April 28, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Archer, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 867]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 867) to promote the adoption of children in foster
care, having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.
CONTENTS
Page
I. Introduction.....................................................7
A. Purpose and Scope................................... 7
B. Background and Need for Legislation................. 7
C. Legislative History................................. 9
II. Explanation of Provisions........................................9
III. Votes of the Committee..........................................20
IV. Budget Effects of the Bill......................................20
A. Committee Estimate of Budgetary Effects............. 20
B. Statement Regarding New Budget Authority and Tax
Expenditures....................................... 20
C. Cost Estimate Prepared by the Congressional Budget
Office............................................. 20
V. Other Matters Required to Be Discussed under the Rules of the
House...........................................................26
A. Committee Oversight Findings and Recommendations.... 26
B. Summary of Findings and Recommendations of the
Government Reform and Oversight Committee.......... 26
C. Constitutional Authority Statement.................. 26
VI. Applicability of Federal Advisory Committee Act.................27
VII. Changes in Existing Laws Made by the Bill, as Reported..........27
The amendment is as follows:
Strike out all after the enacting clause and insert in
lieu thereof the following:
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. 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.
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.--Each State that is an incentive-eligible
State for a fiscal year shall be entitled to receive from the Secretary
in the immediately succeeding fiscal year a grant in an amount equal to
the adoption incentive payment.
``(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 the amount
then available for grants under this section, 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 then
available for grants under this section, 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) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated for fiscal years 1999 through 2003 such sums as
are necessary for grants under this section, in a total amount
not to exceed $108,000,000.
``(2) Availability.--Amounts appropriated under paragraph (1)
shall remain available until expended, but not after fiscal
year 2003.''.
SEC. 5. EARLIER STATUS REVIEWS AND PERMANENCY HEARINGS.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is
amended--
(1) by striking ``eighteen months after'' and inserting ``12
months after'';
(2) by striking ``dispositional'' and inserting
``permanency''; and
(3) by striking ``future status of'' and all that follows
through ``long-term basis)'' and inserting ``permanency plan
for the child (including whether (and, if applicable, when) the
child will be returned to the parent, the child will be placed
for adoption and the State will file a petition to terminate
the parental rights of the parent, a legal guardian will be
appointed for the child, or the child will be placed in some
other planned, permanent living arrangement, including in the
custody of another fit and willing relative)''.
SEC. 6. 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 3 of this Act, 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) the foster parents (if any) of a child and any
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
make any foster parent a party to such a review or
hearing.''.
SEC. 7. DOCUMENTATION OF REASONABLE EFFORTS TO ADOPT.
Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as
amended by sections 3 and 6 of this Act, 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) in the case of a child with respect to whom the
State's goal is adoption or placement in another
permanent home, the steps taken by the State agency to
find an adoptive family or other permanent living
arrangement for the child, to place the child with an
adoptive family, a legal guardian, or in another
planned permanent living arrangement (including in the
custody of another fit and willing relative), and to
finalize the adoption or legal guardianship are
documented, and such documentation shall include
documentation of child specific recruitment efforts
such as the use of State, regional, and national
adoption information exchanges, including electronic
information exchange systems.''.
SEC. 8. KINSHIP CARE.
(a) Report.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than March 1, 1998, convene the
advisory panel provided for in subsection (b)(1) and
prepare and submit to the advisory panel an initial
report on the extent to which children in foster care
are placed in the care of a relative (in this section
referred to as ``kinship care''); and
(B) not later than November 1, 1998, submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate a final report on the matter described in
subparagraph (A), which shall--
(i) be based on the comments submitted by the
advisory panel pursuant to subsection (b)(2)
and other information and considerations; and
(ii) include the policy recommendations of
the Secretary with respect to the matter.
(2) Required contents.--Each report required by paragraph (1)
shall--
(A) include, to the extent available for each State,
information on--
(i) the policy of the State regarding kinship
care;
(ii) the characteristics of the kinship care
providers (including age, income, ethnicity,
and race);
(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 goal for a permanent living
arrangement for the child and the actions being
taken by the State to achieve the goal;
(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,
former foster children, State and local public officials
responsible for administering child welfare programs, private
persons involved in the delivery of child welfare services,
representatives of tribal governments and tribal courts,
judges, and academic experts.
(2) Duties.--The advisory panel convened pursuant to
paragraph (1) shall review the report prepared pursuant to
subsection (a), and, not later than July 1, 1998, submit to the
Secretary comments on the report.
SEC. 9. 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)--
(A) by striking ``or enforcing child custody or
visitation orders'' and inserting ``or making or
enforcing child custody or visitation orders''; and
(B) in paragraph (1)--
(i) by striking the comma at the end of
subparagraph (C) and inserting ``; or''; and
(ii) by inserting after subparagraph (C) the
following:
``(D) 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. 10. PERFORMANCE OF STATES IN PROTECTING CHILDREN.
The Secretary of Health and Human Services, in consultation with the
American Public Welfare Association, the National Governors'
Association, and persons or organizations devoted to child advocacy,
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 of title IV of the Social
Security Act 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 part
E of title IV of the Social Security Act;
(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.
SEC. 11. AUTHORITY TO APPROVE MORE CHILD PROTECTION DEMONSTRATION
PROJECTS.
Section 1130(a) of the Social Security Act (42 U.S.C. 1320a-9(a)) is
amended by striking ``10'' and inserting ``15''.
SEC. 12. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary of Health and Human Services 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.
(b) Limitations.--The technical assistance provided under subsection
(a) shall support the goal of encouraging more adoptions out of the
foster care system, when adoptions promote the best interests of
children, and shall include the following:
(1) The development of best practice guidelines for
expediting termination of parental rights.
(2) Models to encourage the use of concurrent planning.
(3) The development of specialized units and expertise in
moving children toward adoption as a permanency goal.
(4) The development of risk assessment tools to facilitate
early identification of the children who will be at risk of
harm if returned home.
(5) Models to encourage the fast tracking of children who
have not attained 1 year of age into pre-adoptive placements.
(6) Development of programs that place children into pre-
adoptive families without waiting for termination of parental
rights.
(c) Limitations on Authorization of Appropriations.--To carry out
this section, 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.
SEC. 13. 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
and 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. 14. 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. 15. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect on
October 1, 1997.
(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 1st day of the 1st calendar quarter beginning after the
close of the 1st regular session of the State legislature that begins
after the date of the 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.
I. INTRODUCTION
A. Purpose and Scope
The Committee bill is expected to increase the number of
adoptions in the United States. Three major provisions of the
bill were designed to produce this increase in adoptions.
First, under current law, States must engage in ``reasonable
efforts'' to help families that have abused or neglected their
children. Some observers have argued that uncertainty about the
reasonable efforts standard sometimes delays State action in
making children available for adoption. In response to this
problem, the bill requires States to define ``aggravated
circumstances'' in State law, such as child torture or sexual
abuse, that would permit the State to bypass the Federal
reasonable efforts criterion and move expeditiously to
terminate parental rights and make a child available for
adoption. In addition, States would not be required to reunite
families in cases where a parent has murdered another child or
lost their parental rights to a sibling. Second, the bill
provides States with a $4,000 ($6,000 for special needs
children) incentive payment for each adoption above the number
of adoptions during the previous year. Third, in the case of
children under age 10 who have been in foster care for at least
18 of the past 24 months, the bill requires States to move
toward terminating parental rights under most circumstances.
Taken together, these provisions and associated provisions of
the Committee bill can be expected to produce a substantial
increase in adoptions in the years ahead.
B. Background and Need for Legislation
After many years of growth, especially in the late 1980s
and early 1990s, the nation's foster care caseload is now
almost 500,000. Recent studies have shown that in some States,
the average child removed from the home because of family
problems spends almost three years in foster care. Many of
these children will never return home; many more will return
home one or more times before it becomes evident that their
families will not be able to take care of them permanently. And
yet, testimony before the Committee, as well as scientific
studies, have shown that adoption is an effective way to assure
that children grow up in loving families and that they become
happy and productive citizens as adults.
There seems to be almost universal agreement that adoption
is preferable to foster care and that the nation's children
would be well served by a policy that increases adoption rates.
Over the past several years, however, witnesses before the
Committee have testified that there are a variety of barriers
to adoption, some of them Federal. One barrier is the
``reasonable efforts'' criterion in the Federal statute. This
criterion requires States to make reasonable efforts to prevent
removing a child from its home and to facilitate returning
children to their homes if removal has been necessary. The
intent of this policy is to provide services to families so
that they can continue to fulfill their child rearing function.
However, there seems to be a growing belief that Federal
statutes, the social work profession, and the courts sometimes
err on the side of protecting the rights of parents. As a
result, too many children are subjected to long spells of
foster care or are returned to families that reabuse them.
The bipartisan group that wrote this legislation recognized
the importance and essential fairness of the reasonable efforts
criterion. What is needed is not a wholesale reversal of
reasonable efforts or of the view that government has a
responsibility to help troubled families solve the problems
that lead to child abuse or neglect. The Federal government now
spends well over $4.5 billion dollars helping these families
and their children and the money is well spent. Rather than
abandoning the Federal policy of helping troubled families,
what is needed is a measured response to allow States to adjust
their statutes and practices so that in some circumstances
States will be able to move more efficiently toward terminating
parental rights and placing children for adoption.
Thus, the Committee bill would require States to define
``aggravated circumstances,'' such as child torture, chronic
abuse, or sexual abuse, in which States are allowed to bypass
the Federal reasonable efforts criteria and instead would be
required to make efforts to place the child for adoption. In
addition, States would be required to bypass reasonable efforts
to provide services to families if the parent has murdered a
child, committed manslaughter in the death of a child, or has
another child for whom parental rights were involuntarily
terminated.
In addition to the reasonable effort criterion, another
barrier to adoption has been that States often move slowly in
moving children toward permanent settings. Child protective
case workers are often consumed by providing immediate
protection to endangered children. Especially in States that
require their caseworkers to handle large caseloads, workers
are forced to attend to cases with immediate, often life-
threatening, difficulties. As a result, children already in a
foster care placement and assumed to be safe from immediate
harm sometimes get less attention than they deserve. Thus, a
second provision of the Committee bill would promote adoption
by requiring States to initiate action to terminate parental
rights in the case of children under age 10 who have been in
foster care for 18 of the past 24 months. This provision would
move States toward establishing timeframes and deadlines in
their attempts to provide reasonable help to families.
A third major provision of the Committee bill, would reward
States with a $4,000 ($6,000 in the case of special needs
adoptions) incentive payment for every adoption out of foster
care above the number achieved over the previous year. If
States and localities can develop their own solutions tailored
to their own traditions and practices and thereby increase
adoption rates, they will receive financial rewards.
The bill continues the Committee's strong commitment to
helping some of the nation's most unfortunate children by
facilitating their placement in loving families through
adoption. Previously, the Committee approved legislation that
is just now beginning to exert an influence on adoption rates.
Specifically, in the 104th Congress, the Committee approved
legislation that provided adopting families with a tax credit
of $5,000 and outlawed delays in the placement of children for
the purpose of promoting same-race or same-ethnic group
placement (Public Law 104-188).
C. Legislative History
committee bill
On April 16, 1997 the Subcommittee on Human Resources
ordered favorably reported to the full Committee, as amended,
H.R. 867, the ``Adoption Promotion Act of 1997,'' by a voice
vote, with a quorum present. On April 23, 1997, the full
Committee ordered favorably reported, as amended, H.R. 867 by a
voice vote, with a quorum present.
legislative hearings
The Subcommittee on Human Resources held a hearing on
encouraging adoption on February 27, 1997, that included
testimony from the U.S. General Accounting Office, State child
welfare administrators, foundation officials, legal scholars,
and child advocates. The Subcommittee also held a hearing on
April 8, 1997 on H.R. 867, the ``Adoption Promotion Act of
1997,'' that included testimony from Rep. Dave Camp (R-MI) and
Rep. Barbara Kennelly (D-CT), co-sponsors of the legislation,
as well as from Senator Mike DeWine (R-OH), the Department of
Health and Human Services, and other interested outside
organizations.
II. EXPLANATION OF PROVISIONS
1. Short title; table of contents
Present law
No provision.
Explanation of provision
The Act is named the ``Adoption Promotion Act of 1997.''
Reason for change
Not applicable.
Effective date
Upon introduction.
2. Clarification of the reasonable efforts requirement
Present law
``Reasonable efforts'' must be made:
prior to the placement of a child in foster care, to
prevent or eliminate the need for removal of the child
from his home; and
to make it possible for the child to return to his
home. (Sec. 471(a)(15))
Explanation of provision
Provides that States are not required to make reasonable
efforts in cases in which a court of competent jurisdiction has
found that a child has been subjected to aggravated
circumstances, as defined in State law. These circumstances
could include cases of abandonment, torture, chronic abuse, and
sexual abuse. However, this list of circumstances is
illustrative. The bill allows States to define aggravated
circumstances tailored to their own community standards.
Mandatory circumstances in which reasonable efforts would
not be required of the State include involuntary termination of
parental rights with siblings or when a parent has been found
by a court of competent jurisdiction:
to have committed murder of another child of such
parent;
to have committed voluntary manslaughter of another
child of such parent;
to have aided or abetted, attempted, conspired, or
solicited to commit such murder or voluntary
manslaughter or to have committed a felony assault that
results in the serious bodily injury to the surviving
child or another child of such parent. State laws must
include these four circumstances.
The provision continues to require States to make
reasonable efforts on behalf of non-offending parents. In
specific cases in which a parent exists who has not been
involved in the abuse of the child, then reasonable efforts
must be made to reunify the child with that parent.
In cases in which States choose to bypass or discontinue
reasonable efforts, as allowed above, then States are required
to make reasonable efforts to place children for adoption, with
a legal guardian, or in another planned permanent living
arrangement. In addition, in cases in which reasonable efforts
have been required, but continuation of such efforts is no
longer consistent with the child's permanency goal, States are
required to make reasonable efforts to place children for
adoption, with a legal guardian, or in another planned
permanent living arrangement. The provision allows for
concurrent planning in which both family reunification and
adoption planning are simultaneously pursued.
In determining the reasonable efforts to be made, the
child's health and safety must be the paramount concern.
Reason for change
Under current law, states are required to make ``reasonable
efforts'' prior to the placement of a child in foster care, to
prevent or eliminate the need for removal, or to make it
possible to reunify the child with the family. States can lose
Federal foster care and adoption funds if they fail to provide
such efforts. In fact, for a state to claim Federal subsidies,
the court must make a judicial determination that reasonable
efforts have been made. However, ``reasonable efforts'' are not
defined in statute nor have final regulations been issued to
clarify what steps a state or a court has to take to satisfy
the requirement that ``reasonable efforts'' to reunify families
are made. The result has been considerable confusion among the
states about what constitutes reasonable efforts. Committee
Members recognize that in certain extreme cases, no efforts to
reunite the family are reasonable. In addition, in cases in
which reasonable efforts are required, the Committee
understands that such efforts should reflect the child's needs
for a permanent family as timely as possible. Further, the
provision allows for concurrent planning, in which both family
reunification and adoption planning are simultaneously pursued.
For example, while family reunification might be the preferred
goal for a particular child, caseworkers could also begin
adoption planning, so that if family reunification is
unsuccessful then termination of parental rights can be started
immediately. The Committee believes that concurrent planning
will promote efficiency and timely planning to move more
children toward permanency. Committee Members recognize that in
all decisions regarding a child's future placement, the child's
health and safety are of primary concern.
Effective date
October 1, 1997.
3. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care
Present law
No provision.
Explanation of provision
States are required to file a termination of parental
rights petition with the court (or join any existing petition)
in the case of a child under age 10 who has spent 18 out of the
past 24 months in State foster care, with the following three
exceptions: (1) the child is being cared for by a relative; (2)
a State court or agency documents a compelling reason why doing
so would not be in the best interests of the child; or (3) in
cases in which reasonable efforts are required, services the
State deems appropriate for the family have not been provided.
This provision will only apply to children who enter foster
care on or after Oct. 1, 1997.
Reason for change
Children are experiencing increasingly longer stays in
foster care. The median length of stay for children is now more
than 2 years. Moreover, the percentage of children who exit
foster care through adoption has decreased. While adoption was
the permanency goal for 15% of foster children in 1990, only 8%
of the children who left care in that year were adopted. In
addition, the median age of children in foster care has dropped
to 8.6 years in 1990 from 12.6 years at the end of 1982. The
emerging statistical picture shows that young children are
spending substantial portions of their childhood in a system
that is designed to be temporary. This provision addresses
these long stays in foster care by requiring that a State file
a termination of parental rights petition when a child under 10
has spent 18 of the past 24 months in State foster care. The
three exceptions to this requirement are included because the
Committee recognizes that there are circumstances in which
foster care stays of longer than 18 months are necessary. For
example, termination of parental rights may not be in the best
interests of a child who is being safely cared for by a
relative under State supervision. In such a case the child may
be better served by protecting the familial bonds that exist
between the child and their relatives. In addition, there may
be cases in which the State court or agency finds compelling
reasons not to pursue termination of parental rights at 18
months, such as when a family is successfully completing
treatment. Finally, the Committee believes that the termination
of parental rights is such a serious intervention that it
should not be undertaken without some effort to offer services
to the family. However, the State retains the discretion to
determine what services, if any, are appropriate, and of
sufficient quality, intensity and duration in individual cases.
None of these exceptions should be interpreted to preclude
States from pursuing termination of parental rights within the
18 month time frame or earlier.
Effective date
October 1, 1997.
4. Adoption incentive payments
Present law
No provision.
Explanation of provision
A per child incentive payment will be awarded to each State
that increases its annual number of finalized adoptions from
the foster care system above the base year. Qualifying States
are eligible to receive $4,000 for each foster child with a
finalized adoption, and an additional $2,000 for each special
needs adoption. At the beginning of the program, the base year
would be Fiscal Year 1997, and after that, the base year would
rise as the State's adoptions rise. The incentive payments
would be paid beginning in 1999. Incentive payments are
available for use by States for any activity or service
allowable under title IV-B or IV-E of the Social Security Act.
The funding for incentive payments will be provided through a
mandatory capped entitlement equal to a total of $108 million,
payable over 5 years.
Reason for change
Under current law, there are no financial incentives to
move children from foster care to adoption. States continue to
receive Federal subsidies on an open-ended basis as long as
children remain in care. This provision would provide a per-
child incentive payment to each State that increases its annual
number of adoptions from the foster care system, thereby
offsetting the incentives of the current system by giving
States additional money for each child adopted. The extra cash
provided for adoption of special needs children provides extra
incentive for States to find adoptive homes for these children.
Effective date
October 1, 1997.
5. Earlier status reviews and permanency hearings
Present law
Children in foster care are entitled to a dispositional
hearing at 18 months to determine the child's future status,
including whether the child should be returned to the parent,
continued in foster care for a specified period, placed for
adoption, or continued in permanent or long-term foster care.
(Sec. 475(5))
Explanation of provision
The timetable for the initial hearing is shortened to 12
months. In addition, the name of the hearing is changed from
``dispositional'' to ``permanency'' to emphasize the goal of
early permanent placements. Further, the listing of possible
permanency outcomes is revised to include: whether, and if
applicable when, the child will be returned to the parent,
placed for adoption and referred for termination of parental
rights, referred for legal guardianship, or referred for other
permanent living arrangements, including the transfer of
custody to another fit and willing relative.
Reason for change
This provision recognizes that 18 months is a very long
time in the life of a young child and that no child should
experience unnecessarily prolonged stays in foster care. A
shortened timetable for the permanency hearing responds to the
young child's need for a stable, permanent home. The General
Accounting Office has found that almost half of the States have
already moved to a 12 month hearing. The Committee fully
expects that final permanency decisions, including adoption and
transfer of custody to a fit and willing relative, will be made
at the 12 month hearing. The amendment also requires States to
make specific choices about the appropriate permanent placement
by specifying the desired permanent outcomes. The Committee
intentionally deleted non-relative long term foster care from
this list to emphasize that such an arrangement should be
rarely used and should not be considered a permanent placement.
Effective date
October 1, 1997.
6. Notice of reviews and hearings; opportunity to be heard
Present law
The administrative review is open to the participation of
the parents of the child. (Sec. 475(6))
Explanation of provision
Foster parents and relatives providing foster care must be
notified of reviews and permanency hearings regarding child
placement and be given the opportunity to be heard at these
proceedings. However, foster parents are not granted a Federal
private right of action.
Reason for change
Testimony before the Committee indicated that as the
child's primary caregivers, foster parents and relatives caring
for the child often have information about the child that is
relevant to placement proceedings. According to those
witnesses, foster parents and relative caregivers are
frequently denied access to both case reviews and hearings. The
amendment solves this problem by requiring States to notify
foster parents and relatives of the hearing and allow them to
be heard. The Committee has also heard testimony that
biological relatives, including fathers, have not been given
notice of reviews and hearings. The Committee notes that under
current law, the administrative review is open to the
participation of parents of the child.
Effective date
October 1, 1997.
Sec. 7. Documentation of reasonable efforts to adopt
Present law
No provision.
Explanation of provision
In the case of children with a permanency goal of adoption
or other permanent placement, States must document steps taken
both to find an adoptive or other permanent home for the child
including placement in the custody of another fit and willing
relative and to finalize the adoption or placement. At a
minimum, such documentation must include child-specific
recruitment efforts such as use of State, regional, and
national adoption exchanges, including electronic exchange
systems.
Reason for change
This provision emphasizes the State's responsibility for
taking specific actions to find and finalize adoptive families.
The Committee provision also encourages the use of state-of-
the-art technology to recruit families for specific children
through the use of State, regional, and national adoption
exchanges. The Committee encourages States to utilize the
expertise and resources of private agencies to recruit
potential adoptive families for children in foster care and to
finalize adoptive placements. The Committee recognizes that
some States are already utilizing private agencies through
contracting out and managed care arrangements.
Effective date
October 1, 1997.
Sec. 8. Kinship care
Present law
No provision.
Explanation of provision
An Advisory Panel on Kinship Care, composed of parents,
foster parents, former foster children, State and local public
officials involved in child welfare, private citizens involved
in child welfare services, representatives of tribal
governments and tribal courts, judges, and academic experts,
must be appointed by the Secretary in consultation with the
Chairmen of the Committees on Ways and Means and Finance not
later than March 1, 1998. The Secretary must also prepare a
report on kinship care, based on available information from
States, that addresses several issues:
the policy of States regarding kinship care,
the characteristics of kinship care providers,
the frequency of access between children in kinship
care and their biological parents,
the cost of kinship care and the source of funds to
pay these costs,
the services provided to biological parents and
kinship care providers while children are in kinship
care, and
the circumstances or conditions under which children
enter kinship care.
The Secretary's report must be submitted to the Panel by March
1, 1998.
The duties of the Advisory Panel on Kinship Care are to:
review the Secretary's report, and
submit recommendations to the Secretary for needed
changes in public policy on kinship care.
The Panel's report must be submitted to the Secretary by
July 1, 1998.
Based on her initial report, the Panel's review of the
report, the Panel's recommendations, and other information and
considerations, the Secretary of HHS must submit a final
report, that includes policy recommendations, to the Committees
on Ways and Means and Finance by November 1, 1998.
Reason for change
Many children entering foster care in recent years have
been placed with their own relatives, in a form of substitute
care known as ``kinship'' care. Between 1986 and 1990, half the
states reported an increase in use of relatives as foster care
providers. In the average State, kinship care rose from 18% of
the foster care caseload to 31% of the caseload, with New York,
Illinois, and California accounting for much of this increase.
By 1993, relatives cared for a third of the foster children in
New York, about 40% in California, and half in Illinois.
Despite the explosion of kinship care placements, very little
is known about the nature of these placements. The Committee
wants to know more about these placements before deciding
whether Federal action is required to improve the well-being
and long-term prospects of these children. The Committee
anticipates that the Advisory Panel will include such
representatives as volunteer guardians ad litem, members of
both foster care review panels and citizen review panels, and
academic experts representing such fields as mental health,
child development and family dynamics.
Effective date
October 1, 1997.
9. Use of the Federal Parent Locator Service for Child Welfare Services
Present law
The Child Support Enforcement Program requires the
establishment of a Federal Parent Locator Service to be used to
find absent parents in order to secure and enforce child
support and custody and visitation obligations (P.L. 93-647).
Explanation of provision
The Federal Parent Locator Service (FPLS) is authorized to
be used to locate parents for the purpose of making or
enforcing child custody or visitation orders. State child
welfare agencies are authorized to have access to information
in the FPLS.
Reason for change
This provision assists States in making timely and informed
decisions about permanency by allowing State child welfare
agencies to access the Federal Parent Locator Service to
identify and locate parents or other relatives who may be
interested in providing a permanent home for a child in foster
care. Even if a parent or other relative is unable to provide a
home for the child, ruling out this alternative early in a
child's placement will allow the agency and court to move
expeditiously towards adoption or another permanent
alternative. The Committee understands that under current law,
the FPLS can also be used specifically to provide notice of
termination of parental rights proceedings.
Effective date
October 1, 1997.
10. Performance of States in protecting children
Present law
No provision.
Explanation of provision
The Secretary of Health and Human Services, after
consultation with the National Governors' Association, the
American Public Welfare Association, and persons or
organizations devoted to child welfare, must develop a set of
outcome measures that can be used to assess the performance of
States in operating child protection and child welfare
programs.
The outcome measures should be based on data currently
collected by the States under the Adoption and Foster Care
Analysis and Reporting System (AFCARS). Based on these outcome
measures, the Secretary must develop a rating system and
provide States with an explanation of the rating system.
By May 1, 1999 and annually thereafter, the Secretary must
prepare and submit to Congress a State report card which will
include a rating for every state, an analysis of the reasons
for high and low performance by States, and recommendations for
how State performance could be improved.
Reason for change
This provision is an attempt to develop meaningful child-
based outcome measures and to recognize successful State
performance in achieving these outcomes. The provision would
emphasize the importance of achieving positive outcomes for
children without increasing mandated procedures. Both positive
publicity about good programs and negative publicity about
inferior programs will serve as an incentive for States to
maintain or improve their programs. The Committee expects that
the consultation process will include such individuals as child
development experts, foster care and citizen review board
members, juvenile justice experts, and representatives of
county governments.
Effective date
October 1, 1997.
11. Authority to approve more child protection demonstration projects
Present law
The Secretary may authorize not more than 10 States to
conduct demonstration projects to waive compliance with
requirements of part IV-B or IV-E (Sec. 1130).
Explanation of provision
Secretary's authority to grant waiver projects is expanded
from 10 States to 15 States.
Reason for change
Currently six states (Oregon, North Carolina, Delaware,
Illinois, Ohio, Maryland) have been granted waivers. These
waivers encourage state flexibility to undertake innovative
approaches to improving child welfare programs and practices.
Given the increasing interest in undertaking these innovative
reforms, as well as the potential for developing successful new
programs and practices that can be used effectively throughout
the Nation, allowing more States to undertake demonstration
programs is good policy.
Effective date
October 1, 1997.
12. Technical assistance
Present law
No provision.
Explanation of provision
The Secretary is authorized to spend $10 million annually
for 3 years (Fiscal Years 1998-2000) to provide technical
assistance to States to promote adoption. The technical
assistance must support the goal of encouraging more adoptions
out of the foster care system when adoption promotes the best
interests of children. Topics for technical assistance include:
development of best practice guidelines for
expediting termination of parental rights;
creation of methods of concurrent planning so that
family preservation and adoption can be pursued
simultaneously;
development of specialized local administrative units
and expertise in moving children toward adoption;
development of risk assessment tools to facilitate
early identification of children at risk of harm if
returned home;
promotion of arrangements to encourage fast tracking
children under the age of 1 into pre-adoptive
placements; and
development of programs that place children in pre-
adoptive families without waiting for termination of
parental rights.
Reason for change
Technical assistance can help States and communities
increase adoptions and alternative permanent placements for
children in foster care by promoting policies and practices
that have worked well in other locations. The Committee expects
that the Department of Health and Human Services will
disseminate information and provide technical assistance based
on best practices that have already been evaluated.
Effective date
October 1, 1997.
13. Coordination of Substance Abuse and Child Protection Services
Present law
No provision.
Explanation of provision
The Secretary of the Department of Health and Human
Services must submit a report to the Committees on Ways and
Means and Finance on the coordination of substance abuse and
child protection services. The report must be based on
information from the Substance Abuse and Mental Health Services
Administration and the Administration for Children and
Families. The report addresses the following issues: the extent
and scope of the problems of substance abuse in the child
welfare population; the types of services and the outcome of
services delivered to this population; and legislative
recommendations to the Committees on Ways and Means and
Finance. The report is due 1 year after enactment.
Reason for change
Substance abuse has been cited by child welfare agencies as
one of the three most common reasons for children entering
foster care, together with abuse and neglect and economic
stress, and appears in up to 80% of substantiated abuse and
neglect cases. This provision would encourage collaboration
between the Federal agency responsible for substance abuse
prevention and treatment and the agency responsible for child
welfare services.
Effective date
October 1, 1997.
14. Clarification of eligible population for Independent Living
Services
Present law
Independent Living Initiatives assist States and localities
in establishing programs to help children in foster care who
have attained the age of 16 in making the transition from
foster care to independent living. (Sec. 477)
Explanation of provision
The amendment clarifies that the population eligible for
Independent Living Services is children who are or have been in
foster care, who are 16 years of age and who are making the
transition from foster care to independent living. Eligibility
for Independent Living Services is not dependent on eligibility
for Title IV-E.
Reason for change
There is considerable State variation in applying the
eligibility criteria, specifically with regard to the $1,000
asset limit. The Committee clarifies that children who are or
have been in foster care, who are 16 years of age or older, are
eligible for Independent Living Services, regardless of whether
they are eligible for Title IV-E foster care subsidies.
Effective date
October 1, 1997.
15. Effective date
Present law
No provision.
Explanation of provision
The amendments made by this Act take effect on October 1,
1997. State plans under Title IV-B and IV-E of the Social
Security Act will not be considered as failing to comply with
the Act's provisions until after the close of the first regular
session of the State legislature that begins after the date of
enactment.
Reason for change
States must change their laws in order to comply with the
provisions of this Act. Thus, States need to know the deadline
for enacting the necessary laws and the timetable for beginning
to implement their programs.
Effective date
October 1, 1997.
III. VOTES OF THE COMMITTEE
In compliance with clause 2(l)(2)(B) of rule XI of the
Rules of the House of Representatives, the following statements
are made concerning the votes of the Committee in its
consideration of the bill, H.R. 867.
motion to report the bill
The bill, H.R. 867, as amended, was ordered favorably
reported by voice vote on April 24, 1997, with a quorum
present.
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 7(a) of rule XIII of the Rules of
the House of Representatives, the following statement is made:
The Committee agrees with the estimate prepared by the
Congressional Budget office (CBO) which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures
In compliance with clause 2(l)(3)(B) of rule XI of the
Rules of the House of Representatives, the Committee states
that the provisions in the Committee bill, if enacted, would
decrease direct spending by $34 million over the budget period
Fiscal Years 1997-2002.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives requiring a cost estimate
prepared by the Congressional Budget Office (CBO), the follow
report prepared by CBO is provided.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 25, 1997.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 867, the Adoption
Promotion Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Justin
Latus (for federal budgetary impacts), Marc Nicole (for state
and local government impacts), and Julia Matson (for private-
sector impacts).
Sincerely,
June E. O'Neill, Director.
H.R. 867--Adoption Promotion Act of 1997
Summary: H.R. 867 would make changes to Title IV, Part E of
the Social Security Act, which deals with federal payments for
foster care and adoption assistance. The bill has several
provisions designed to reduce the amount of time spent by
children in foster care settings and to move these children
more quickly into permanent settings such as adoptive homes.
CBO estimates that three provisions of this bill would
increase or speed up adoptions and would produce budgetary
savings by moving children from foster care to less expensive
adoption placements. These provisions would require states to
make reasonable efforts to move children toward adoption,
require that termination of parental rights be initiated for
children under 10 who have been in foster care for 18 of the
previous 24 months, and provide incentive payments to states
that increase adoptions. CBO estimates that these provisions
would produce savings in foster care and adoption assistance
totaling $34 million over the 1998-2002 period.
H.R. 867 would also increase authorizations of
appropriations for technical assistance to states to increase
adoptions by $30 million over the 1998-2002 period.
The legislation would affect direct spending; therefore,
pay-as-you-go procedures would apply. H.R. 867 contains
intergovernmental mandates, as defined in the Unfunded Mandates
Reform Act of 1995 (UMRA), but CBO estimates that the net
effect of the bill's provisions would be to save states money.
H.R. 867 does not include any private-sector mandates as
defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of HR. 867 is shown in the following table.
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
DIRECT SPENDING
Spending for Foster Care and Adoption Assistance under Current
Law:
Budget authority............................................ 3,966 4,275 4,693 5,129 5,556 5,978
Estimated outlays........................................... 3,904 4,222 4,621 5,054 5,482 5,905
Proposed Changes:
Section 2. Clarification of reasonable efforts:
Estimated budget authority.............................. 0 -2 -3 -5 -5 -5
Estimated outlays....................................... 0 -2 -3 -5 -5 -5
Section 3. States required to initiate termination of
parental rights for certain children in foster care:
Estimated budget authority.............................. 0 0 (\1\) -2 -3 -5
Estimated outlays....................................... 0 0 (\1\) -2 -3 -5
Section 4. Adoption incentive payment for states:
Estimated budget authority.............................. 0 -1 7 -1 -1 -8
Estimated outlays....................................... 0 -1 7 -1 -1 -8
Section 5. Earlier status reviews and permanency hearings:
Estimated budget authority.............................. 0 (\1\) 0 0 0 0
Estimated outlays....................................... 0 (\1\) 0 0 0 0
Total--Proposed Changes:
Estimated budget authority.............................. 0 -3 4 -8 -9 -18
Estimated outlays....................................... 0 -3 4 -8 -9 -18
Spending for Foster Care and Adoption Assistance under H.R.
867:
Estimated budget authority.............................. 3,966 4,272 4,697 5,121 5,547 5,960
Estimated outlays....................................... 3,904 4,219 4,625 5,046 5,473 5,887
SPENDING SUBJECT TO APPROPRIATION
Spending under Current Law:
Budget authority............................................ 0 0 0 0 0 0
Estimated outlays........................................... 0 0 0 0 0 0
Proposed Changes:
Authorization level......................................... 0 10 10 10 0 0
Estimated outlays........................................... 0 1 7 9 9 3
Spending under H.R. 867:
Authorization level......................................... 0 10 10 10 0 0
Estimated outlays........................................... 0 1 7 9 9 3
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.
The costs of this legislation fall within budget function
500 (education, training, employment, and social services).
Basis of estimate: The estimate assumes that the bill would
be enacted by October, 1, 1997, which is also the effective
date.
Direct spending
CBO estimates that the bill would lead to savings in
federal spending for foster care and adoption assistance
because some of its provisions would help to move children from
foster care to adoption placements. Because federal costs of
administration (for example, monitoring a child's placement,
recruiting foster families, and completing necessary paperwork)
and maintenance payments (payments to cover housing and food
expenses for the child) for a child who has been adopted are
about $5,000 less a year than for a child who is in foster
care, the bill would result in savings to the federal
government.
Section 2--Clarification of Reasonable Efforts. Section 2
of the bill would clarify the requirement that reasonable
efforts be made to keep a child with his or her family before
the child is placed in foster care or to return a child to his
or her parents after removal from the home. Reasonable efforts
would not have to be made in cases where a court has determined
that a child has been subjected to aggravated circumstances,
such as abandonment, torture, or sexual abuse. This program
would have no budgetary effect because it merely clarifies
current law.
Section 2 would also require states to make reasonable
efforts to place a child for adoption or in some other
permanent placement, in all cases where it is determined that
reunification with the parent is not in the best interests of
the child (not just those in which the child has been subjected
to aggravated circumstances). This provision would express the
federal government's position that states should move children
to adoption if reunification is not appropriate. Although some
states have recently taken steps to increase adoptions, CBO
assumes that others would respond to this signal by speeding up
adoptions.
CBO estimates that this provision would save $2 million in
1998, $3 million in 1999, and $5 million a year in 2000 and
thereafter. Savings would total $20 million over the 1998-2002
period. This estimate takes account of a slight initial
increase in administrative costs as states work to move
children to adoption. There are currently about 20,000
adoptions of children from foster care each year, of which 65
percent are eligible for the Title IV-E program. The estimate
assumes that 15 percent, or 2000, of these adoptions would be
sped up by an average of six months.
Section 3--Initiation of Termination of Parental Rights.
Section 3 would require states to initiate termination of
parental rights (TPR) if a child is under ten and has been in
foster care for 18 of the previous 24 months. Termination of
parental rights of the biological parent to the child must
occur before a child can be adopted. There is currently no
federal requirement stating when TPR must be initiated. This
new provision would not apply if the child is being taken care
of by a relative (at the option of the state), if a court or
state agency rules that it is not in the best interests of the
child to initiate TPR, or if reasonable efforts to reunify the
child with his or her parent have not been made.
State adoption officials and other experts indicate that
this provision has the potential to move children out of foster
care more quickly. In some cases under current law, once a
child is placed in foster care, the state may not have the
opportunity to work toward a more permanent placement for the
child because of competing demands on caseworkers' time. This
provision would establish a clear, definite timetable for
beginning to terminate parental rights.
CBO estimates that this provision, when its effects would
be fully realized in 2002, would save $5 million a year.
Savings would total $10 million over the 1998-2002 period. As
with section 2, the estimate assumes that 15 percent of
adoptions would be sped up by six months. However, this
provision produces savings later than section 2 because the 18-
month timetable would apply only to children who would enter a
state's child welfare system on or after October 1, 1997.
Faster terminations of parental rights as a result of this
provision could not begin until mid-1999. The TPR process takes
anywhere from 90 days to several years, with the median length
of time being about a year. Once TPR is completed, it takes
further time for the child to be adopted. No savings under this
provision would occur until fiscal year 2000.
Section 4--Adoption Incentive Payments. Section 4 would
provide an adoption incentive payment to states that increase
adoptions from their foster care system over the base-year
level. The incentive payment would be $4,000 for each adoption
above the base year, plus $2,000 for each special needs (i.e.,
IV-E eligible) adoption. The base year would be 1997 or a later
year if the state succeeds in increasing its adoptions. For
example, a state that increases adoptions from 1,000 in 1997 to
1,100 in 1998 would receive an incentive payment for the 100
adoptions above the 1997 level. For 1999, the new base year
would be 1998, and the state would receive an incentive payment
only if it increased its adoptions in 1999 above 1,100.
CBO estimates that this provision would save approximately
$4 million over the 1998-2002 period. Costs of providing
incentive payments would be offset by savings from increasing
the number of adoptions. The savings would rise over time as
the number of additional adoptions increases.
State adoption directors have indicated that the incentive
payment, even if it would not represent a big increase in the
state's total foster care budget, would draw attention to a
state's child welfare system and assist in efforts to increase
adoption. CBO estimates that these adoption incentive payments
would increase adoptions by 500 children a year over what they
would be without the incentive payment program, and that 65
percent of these would be children eligible for IV-E payments.
Under the bill, incentive payments could not exceed a total of
$108 million for fiscal years 1999 through 2003. CBO estimates
that only about $25 million would be needed for the incentive
payments resulting from a cumulative increase of about 5,000 in
the number of adoptions over the period.
The proposal for incentive payments would interact with the
other provisions in this bill that would increase adoption. The
5,000 additional adoptions includes those that would result
from sections 2 and 3 of the bill. Incentive payments would
also be paid to states that would increase their adoptions even
without any changes in federal policy.
Other Provisions.--Other provisions that are designed to
streamline the adoptive process would not yield any budgetary
savings. Section 5, for example, would require states to hold
the first permanency hearing for a child removed from his or
her home 12 months after removal, rather than 18 months.
Twenty-six states already have some type of review before 18
months, so this proposal's impact would be limited. Further, it
is not clear that earlier reviews have expedited the adoption
process. In some states, earlier hearings have little effect on
a child's movement through the state's child welfare system. In
other states, because of court backlogs, requirements for
earlier hearings are not met.
Other provisions would change the name of ``dispositional
hearings'' to ``permanency hearings,'' require that foster
parents be notified and given the chance to be heard in
hearings dealing with their foster child, require documentation
of reasonable efforts to adopt, and allow the use of the parent
locator service for child welfare services. This bill would
also require the Secretary of Health and Human Services to
write a report on kinship care and to develop a system for
rating states' child protection systems, permit five more cost-
neutral child protection demonstration projects, and clarify
that states can provide services to youth in the Independent
Living program who are no longer in foster care and who have
assets greater than $1,000.
Amounts subject to appropriation
Section 12 would authorize appropriations of $10 million a
year from 1998 through 2000 for technical assistance to states
to increase adoptions. Increases in budget authority would
total $30 million, and outlays would total $29 million over the
1998-2002 period.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending
and receipts through 1998. CBO estimates that enacting H.R. 867
would decrease direct spending in fiscal year 1998 by $3
million.
Estimated impact on State, local, and tribal governments:
H.R. 867 contains intergovernmental mandates, as defined in
UMRA, but CBO estimates that the bill would save states money,
on balance. In total, we estimate states would save
approximately $25 million and would receive additional funding
totaling $50 million between fiscal years 1998 and 2002.
Mandates
The bill would require states to enact new foster care laws
and to take certain actions related to permanency hearings and
termination of parental rights sooner than under current law.
These new requirements would result in a small increase in
administrative costs, but such costs would be more than offset
by reductions in state foster care payments. The costs and
savings from the new requirements would be shared between the
federal government and the states. States receive an open-ended
federal match equal to the Medicaid match rate (which averages
55 percent) for foster care assistance payments and an open-
ended match equal to 50 percent for most foster care
administrative costs. Based on information from states and
interest groups, and the methodology discussed in the federal
cost section of this estimate, CBO estimates that net savings
to states would total $1 million in fiscal year 1998 and
approximately $25 million from 1998 to 2002.
Other impacts
The bill would allow states to collect adoption incentive
payments from the federal government for increasing the number
of adoptions over base year levels. CBO estimates that states
would collect an additional $9 million in fiscal year 1999 and
$25 million from 1999 to 2003. In addition, assuming that
amounts authorized in the bill are appropriated, states would
receive $10 million a year for technical assistance in fiscal
years 1998 to 2000.
Finally, enactment of the bill could result in some
additional costs to state and local court systems. These costs
would arise from hearing more cases dealing with the
termination of parental rights. Based on information from
states, we expect that the costs would not be significant.
Estimated impact on the private sector: H.R. 867 does not
include any private-sector mandates as defined in the Unfunded
Mandates Reform Act.
Estimate prepared by: Federal Cost: Justin Latus. Impact on
State, Local, and Tribal Governments: Marc Nicole. Impact on
the Private Sector: Julia Matson.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
V. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the need for this legislation was confirmed by the
oversight hearings of the Subcommittee on Human Resources. In
the 104th Congress, the Subcommittee on Human Resources held a
total of 3 hearings on adoption and child welfare. The hearings
were as follows:
On February 3, 1995, the Subcommittee on Human Resources
held a hearing jointly with the Subcommittee on Early
Childhood, Youth, and Families of the Committee on Economic and
Educational Opportunities on child care and child welfare.
On May 10, 1995, the Subcommittee on Human Resources held a
hearing on Federal adoption policy.
On June 27, 1995, the Subcommittee on Human Resources held
a hearing on barriers to adoption.
In the 105th Congress, the Subcommittee held a hearing on
encouraging adoption on February 27, 1997, that included
testimony from the U.S. General Accounting Office, State child
welfare administrators, foundation officials, legal scholars,
and child advocates. The Subcommittee also held a hearing on
April 8, 1997 on H.R. 867, the ``Adoption Promotion Act of
1997,'' that included testimony from Rep. Dave Camp (R-MI) and
Rep. Barbara Kennelly (D-CT), co-sponsors of the legislation,
as well as from Senator Mike DeWine (R-OH), the Department of
Health and Human Services, and other interested outside
organizations.
B. Summary of Findings and Recommendations of the Government Reform and
Oversight Committee
In compliance with clause 2(l)(3)(D) of rule XI of the
Rules of the House of Representatives, the Committee states
that no oversight findings or recommendations have been
submitted to the Committee on Government Reform and Oversight
regarding the subject of the bill.
C. Constitutional Authority Statement
With respect to clause 2(l)(4) of rule XI of the Rules of
the House of Representatives, relating to Constitutional
Authority, the Committee states that the Committee's action in
reporting the bill is derived from Article I of the
Constitution, Section 8 (``The Congress shall have power to lay
and collect taxes, duties, imposts and excises, to pay the
debts and to provide for * * * the general Welfare of the
United States * * *'').
VI. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
Pursuant to the Federal Advisory Committee Act (5 U.S.C.,
App., section 5(b)), the Committee states that any advisory
bodies created by the bill, such as the Advisory Panel on
Kinship Care in section 8(b)(1), are consciously created, and
are deemed appropriate and necessary to carry out the purposes
of the bill. It is the view of the Committee that the functions
of any such advisory bodies are not being and could not be
performed by one or more agencies or by an advisory committee
already in existence, or by enlarging the mandate of an
existing advisory committee.
VII. CHANGES IN EXISTING LAWS MADE BY THE BILL, AS REPORTED
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
Part D--Child Support and Establishment of Paternity
* * * * * * *
FEDERAL PARENT LOCATOR SERVICE
Sec. 453. (a) The Secretary shall establish and conduct a
Federal Parent Locator Service, under the direction of the
designee of the Secretary referred to in section 452(a), which
shall be used to obtain and transmit to any authorized person
(as defined in subsection (c)), for the purpose of establishing
parentage, establishing, setting the amount of, modifying, or
enforcing child support obligations, [or enforcing child
custody or visitation orders] or making or enforcing child
custody or visitation orders--
(1) information on, or facilitating the discovery of,
the location of any individual--
(A) who is under an obligation to pay child
support or provide child custody or visitation
rights;
(B) against whom such an obligation is
sought;
(C) to whom such an obligation is owed[,]; or
(D) who has or may have parental rights with
respect to a child,
including the individual's social security number (or
numbers), most recent address, and the name, address,
and employer identification number of the individual's
employer;
* * * * * * *
(c) As used in subsection (a), the term ``authorized person''
means--
(1) * * *
* * * * * * *
(3) the resident parent, legal guardian, attorney, or
agent of a child (other than a child receiving aid
under part A of this title) (as determined by
regulations prescribed by the Secretary) without regard
to the existence of a court order against a
noncustodial parent who has a duty to support and
maintain any such child[.]; and
(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.
* * * * * * *
Part E--Federal Payments for Foster Care and Adoption Assistance
* * * * * * *
STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE
Sec. 471. (a) In order for a State to be eligible for
payments under this part, it shall have a plan approved by the
Secretary which--
(1) * * *
* * * * * * *
[(15) effective October 1, 1983, provides that, in
each case, reasonable efforts will be made (A) prior to
the placement of a child in foster care, to prevent or
eliminate the need for removal of the child from his
home, and (B) to make it possible for the child to
return to his home;]
(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;
* * * * * * *
FOSTER CARE MAINTENANCE PAYMENTS PROGRAM
Sec. 472. (a) Each State with a plan approved under this part
shall make foster care maintenance payments (as defined in
section 475(4)) under this part with respect to a child who
would meet the requirements of section 406(a) or of section 407
but for his removal from the home of a relative (specified in
section 406(a)), if--
(1) the removal from the home occurred pursuant to a
voluntary placement agreement entered into by the
child's parent or legal guardian, or was the result of
a judicial determination to the effect that
continuation therein would be contrary to the welfare
of such child and (effective October 1, 1983) that
reasonable efforts of the type described in section
471(a)(15) for a child have been made;
* * * * * * *
SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
(a) Grant Authority.--Each State that is an incentive-
eligible State for a fiscal year shall be entitled to receive
from the Secretary in the immediately succeeding fiscal year a
grant in an amount equal to the adoption incentive payment.
(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 the amount then available for
grants under this section, 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
then available for grants under this section,
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) Appropriation.--
(1) In general.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1999 through 2003 such
sums as are necessary for grants under this section, in
a total amount not to exceed $108,000,000.
(2) Availability.--Amounts appropriated under
paragraph (1) shall remain available until expended,
but not after fiscal year 2003.
* * * * * * *
DEFINITIONS
Sec. 475. As used in this part or part B of this title:
(1) * * *
* * * * * * *
(5) The term ``case review system'' means a procedure
for assuring that--
(A) * * *
* * * * * * *
(C) with respect to each such child,
procedural safeguards will be applied, among
other things, to assure each child in foster
care under the supervision of the State of a
[dispositional] permanency hearing to be held,
in a family or juvenile court or another court
(including a tribal court) of competent
jurisdiction, or by an administrative body
appointed or approved by the court, no later
than [eighteen months after] 12 months after
the original placement (and not less frequently
than every 12 months thereafter during the
continuation of foster care), which hearing
shall determine the [future status of the child
(including, but not limited to, whether the
child should be returned to the parent, should
be continued in foster care for a specified
period, should be placed for adoption, or
should (because of the child's special needs or
circumstances) be continued in foster care on a
permanent or long-term basis)] permanency plan
for the child (including whether (and, if
applicable, when) the child will be returned to
the parent, the child will be placed for
adoption and the State will file a petition to
terminate the parental rights of the parent, a
legal guardian will be appointed for the child,
or the child will be placed in some other
planned, permanent living arrangement,
including in the custody of another fit and
willing relative) and, in the case of a child
described in subparagraph (A)(ii), whether the
out-of-State placement continues to be
appropriate and in the best interests of the
child, and, in the case of a child who has
attained age 16, the services needed to assist
the child to make the transition from foster
care to independent living; and procedural
safeguards shall also be applied with respect
to parental rights pertaining to the removal of
the child from the home of his parents, to a
change in the child's placement, and to any
determination affecting visitation privileges
of parents; [and]
(D) a child's health and education record (as
described in paragraph (1)(A)) is reviewed and
updated, and supplied to the foster parent or
foster care provider with whom the child is
placed, at the time of each placement of the
child in foster care[.];
(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;
(F) the foster parents (if any) of a child
and any 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
make any foster parent a party to such a review
or hearing; and
(G) in the case of a child with respect to
whom the State's goal is adoption or placement
in another permanent home, the steps taken by
the State agency to find an adoptive family or
other permanent living arrangement for the
child, to place the child with an adoptive
family, a legal guardian, or in another planned
permanent living arrangement (including in the
custody of another fit and willing relative),
and to finalize the adoption or legal
guardianship are documented, and such
documentation shall include documentation of
child specific recruitment efforts such as the
use of State, regional, and national adoption
information exchanges, including electronic
information exchange systems.
* * * * * * *
INDEPENDENT LIVING INITIATIVES
Sec. 477. (a)(1) * * *
(2) A program established and carried out under paragraph
(1)--
(A) shall be designed to assist children with respect
to whom foster care maintenance payments are being made
by the State under this part (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),
* * * * * * *
TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
* * * * * * *
Part A--General Provisions
* * * * * * *
demonstration projects
Sec. 1130. (a) In General.--The Secretary may authorize not
more than [10] 15 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.
* * * * * * *