[105th Congress Public Law 89][From the U.S. Government Printing Office]
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Public Law 105-89
105th Congress
An Act
To promote the adoption of children in foster care. <<NOTE: Nov. 19,
1997 - [H.R. 867]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Adoption and
Safe Families Act of 1997.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 1305 note.>> Short Title.--This Act may be cited
as the ``Adoption and Safe Families Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system
requirements.
Sec. 103. States required to initiate or join proceedings to terminate parental rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 106. Criminal records checks for prospective foster and adoptive
parents.
Sec. 107. Documentation of efforts for adoption or location of a
permanent home.
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. Performance of States in protecting children.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Authority to approve more child protection demonstration
projects.
Sec. 302. Permanency hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living
services.
Sec. 305. Reauthorization and expansion of family preservation and
support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments
on behalf of children with special needs whose initial
adoption has been dissolved.
Sec. 308. State standards to ensure quality services for children in
foster care.
TITLE IV--MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. Temporary adjustment of Contingency Fund for State Welfare
Programs.
Sec. 405. Coordination of substance abuse and child protection services.
Sec. 406. Purchase of American-made equipment and products.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
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TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIREMENT.
(a) In General.--Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended to read as follows:
``(15) provides that--
``(A) in determining reasonable efforts to be made
with respect to a child, as described in this paragraph,
and in making such reasonable efforts, the child's
health and safety shall be the paramount concern;
``(
B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve and reunify
families--
``(i) prior to the placement of a child in
foster care, to prevent or eliminate the need for
removing the child from the child's home; and
``(ii) to make it possible for a child to
safely return to the child's home;
``(C) if continuation of reasonable efforts of the
type described in subparagraph (B) is determined to be
inconsistent with the permanency plan for the child,
reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize
the permanent placement of the child;
``(
D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made with
respect to a parent of a child if a court of competent
jurisdiction has determined that--
``(i) the parent has subjected the child to
aggravated circumstances (as defined in State law,
which definition may include but need not be
limited to abandonment, torture, chronic abuse,
and sexual abuse);
``(ii) the parent has--
``(I) committed murder (which would
have been an offense under section
1111(a) of title 18, United States Code,
if the offense had occurred in the
special maritime or territorial
jurisdiction of the United States) of
another child of the parent;
``
(II) committed voluntary
manslaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of the parent;
``(III) aided or abetted, attempted,
conspired, or solicited to commit such a
murder or such a voluntary manslaughter;
or
``(IV) committed a felony assault
that results in serious bodily injury to
the child or another child of the
parent; or
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``(iii) the parental rights of the parent to a
sibling have been terminated involuntarily;
``(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as
a result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)--
``
(i) a permanency hearing (as described in
section 475(5)(C)) shall be held for the child
within 30 days after the determination; and
``(ii) reasonable efforts shall be made to
place the child in a timely manner in accordance
with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent
placement of the child; and
``(F) reasonable efforts to place a child for
adoption or with a legal guardian may be made
concurrently with reasonable efforts of the type
described in subparagraph (B);''.
(b) Definition of Legal Guardianship.--Section 475 of such Act (42
U.S.C. 675) is amended by adding at the end the following:
``(7) The term `legal guardianship' means a judicially
created relationship between child and caretaker which is
intended to be permanent and self-sustaining as evidenced by the
transfer to the caretaker of the following parental rights with
respect to the child: protection, education, care and control of
the person, custody of the person, and decisionmaking. The term
`legal guardian' means the caretaker in such a relationship.''.
(c) Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C.
672(a)(1)) is amended by inserting ``for a child'' before ``have been
made''.
(d) Rule of Construction.--Part E of title IV of such Act (42 U.S.C.
670-679) is amended by inserting after section 477 the following:
``SEC. 478. <<NOTE: 42 USC 678.>> RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as precluding State courts
from exercising their discretion to protect the health and safety of
children in individual cases, including cases other than those described
in section 471(a)(15)(D).''.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW
SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended--
(1) in section 422(b)(10)(B) <<NOTE: 42 USC 622.>> --
(A) in clause (iii)(I), by inserting ``safe and''
after ``where''; and
(B) in clause (iv), by inserting ``safely'' after
``remain''; and
(2) in section 475 <<NOTE: 42 USC 675.>> --
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safety
and'' after ``discussion of the''; and
(ii) in subparagraph (B)--
(I) by inserting ``safe and'' after
``child receives''; and
(II) by inserting ``safe'' after
``return of the child to his own''; and
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(B) in paragraph (5)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``a safe
setting that is'' after ``placement in''; and
(ii) in subparagraph (B)--
(I) by inserting ``the safety of the
child,'' after ``determine''; and
(II) by inserting ``and safely
maintained in'' after ``returned to''.
SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) Requirement for Proceedings.--Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of a child who has been in foster
care under the responsibility of the State for 15 of the
most recent 22 months, or, if a court of competent
jurisdiction has determined a child to be an abandoned
infant (as defined under State law)
or has made a
determination that the parent has committed murder of
another child of the parent, committed voluntary
manslaughter of another child of the parent, aided or
abetted, attempted, conspired, or solicited to commit
such a murder or such a voluntary manslaughter, or
committed a felony assault that has resulted in serious
bodily injury to the child or to another child of the
parent, the State shall file a petition to terminate the
parental rights of the child's parents (or, if such a
petition has been filed by another party, seek to be
joined as a party to the petition), and, concurrently,
to identify, recruit, process, and approve a qualified
family for an adoption, unless--
``(i) at the option of the State, the child is
being cared for by a relative;
``(ii) a State agency has documented in the
case plan (which shall be available for court
review) a compelling reason for determining that
filing such a petition would not be in the best
interests of the child; or
``(iii) the State has not provided to the
family of the child, consistent with the time
period in the State case plan, such services as
the State deems necessary for the safe return of
the child to the child's home, if reasonable
efforts of the type described in section
471(a)(15)(B)(ii) are required to be made with respect to the child.''.
