I

104TH CONGRESS

1ST SESSION H. R. 1044

To amend part E of title IV of the Social Security Act to prevent abandoned

babies from experiencing prolonged foster care where a permanent adoptive home is available.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1995

Mr. FAWELL (for himself, Mr. VISCLOSKY, and Ms. PRYCE) introduced the

following bill; which was referred to the Committee on Ways and Means

A BILL

To amend part E of title IV of the Social Security Act

to prevent abandoned babies from experiencing prolonged

foster care where a permanent adoptive home is available.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘At-Birth Abandoned

5 Baby Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
2

HR 1044 IH

1 (1) each year thousands of babies throughout

2 the United States are abandoned by their parents

3 shortly after birth, such as when a mother gives

4 birth at a hospital under an assumed name and ad5 dress and then disappears afterwards, leaving the

6 baby behind, when the whereabouts of the parents

7 are unknown, and when babies are left to die in gar8 bage dumpsters because their mothers cannot care

9 for them;

10 (2) babies who are abandoned during the form11 ative months occurring shortly after birth are denied

12 the ability to bond with a loving parent or parents;

13 (3) the process of attachment or bonding be14 tween a baby and the same adults is essential to the

15 development of a healthy personality in the baby;

16 (4) the Inspector General of the Department of

17 Health and Human Services, in the February 1990

18 report entitled ‘‘Crack Babies’’, states that legisla19 tion ‘‘should reduce barriers to placing drug exposed

20 infants into foster care and adoptive homes and es21 tablish ‘fast track’ procedures to expedite child wel22 fare cases involving drug abuse’’; and

23 (5) according to experts, current legal rules and

24 agency policies make it exceedingly difficult and time

25 consuming to terminate parental rights of those par-
3

HR 1044 IH

1 ents who truly abandon their babies, and as a result

2 very few of those abandoned babies are available for

3 adoption;

4 (6) the welfare of babies abandoned during the

5 formative months occurring shortly after birth is of

6 such special interest and concern to our society that

7 if there are persons desiring to adopt and parentally

8 bond with such a baby, the baby should be afforded

9 the right to expeditious placement with, and adop10 tion by, such persons; and

11 (7) other steps should be taken to expedite the

12 adoption of babies who are abandoned during the

13 formative months occurring shortly after birth.

14 SEC. 3. PURPOSE.

15 The purpose of this Act is to require States to imple16 ment a system that will expedite the initiation of the adop17 tion process for babies abandoned at birth. In doing so,

18 States shall appoint competent persons to be preadoptive

19 parents for babies abandoned at birth in order to provide

20 a proper and loving home during the infants’ formative

21 months. The preadoptive parents will also be responsible

22 for initiating legal proceedings that could lead to the legal

23 adoption of the infant. Once the proceedings have been

24 initiated, the State courts of proper jurisdiction will con25 tinue to be responsible for the final decision, taking into
4

HR 1044 IH

1 account the legal rights of all the parties involved, includ2 ing the baby abandoned at birth, the natural parents, the

3 preadoptive parents, and the State.

4 SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES

5 ABANDONED AT BIRTH.

6 (a) CERTAIN STATE LAWS REQUIRED AS CONDITION

7 OF APPROVING STATE PLAN FOR FOSTER CARE AND

8 ADOPTION ASSISTANCE.—

9 (1) IN GENERAL.—Section 471 of the Social

10 Security Act (42 U.S.C. 671) is amended by adding

11 at the end the following:

12 ‘‘(c)(1) The Secretary shall not approve a State plan

13 under this part unless there is in effect in the State laws

14 and rules of law which provide all of the following:

15 ‘‘(A) Within 30 days after the State obtains

16 custody of a baby abandoned at birth, the State

17 shall—

18 ‘‘(i) find 1 or more individuals to be the

19 preadoptive parents of the baby;

20 ‘‘(ii) designate such individual or individ21 uals as the preadoptive parents of the baby; and

22 ‘‘(iii) place the baby with such individual

23 or individuals.

24 ‘‘(B)(i) During the 90-day period beginning on

25 the date a baby abandoned at birth is placed with
5

HR 1044 IH

1 the preadoptive parents of the baby, the preadoptive

2 parents shall have the right to petition the courts of

3 the State for an expedited hearing—

4 ‘‘(I) to terminate the parental rights of all

5 other persons with respect to the baby; and

6 ‘‘(II) to become the adoptive parents of the

7 baby.

8 ‘‘(ii) In determining whether to grant a petition

9 described in clause (i), the courts of the State shall

10 not draw any inference adverse to the interests of a

11 petitioner by reason of the present or former status

12 of any petitioner as a foster parent.

13 ‘‘(C) If the preadoptive parents of a baby aban14 doned at birth fail to file a petition described in sub15 paragraph (B)(i) during the 90-day period described

16 in subparagraph (B)(i), the State shall—

17 ‘‘(i) immediately revoke their designation

18 as the preadoptive parents of the baby; and

19 ‘‘(ii) within 30 days after the end of such

20 90-day period—

21 ‘‘(I) find 1 or more individuals (other

22 than the former preadoptive parents of the

23 baby) to be the new preadoptive parents of

24 the baby;
6

HR 1044 IH

1 ‘‘(II) designate such individual or in2 dividuals as the preadoptive parents of the

3 baby; and

4 ‘‘(III) place the baby with such indi5 vidual or individuals.

6 ‘‘(2) As used in this subsection:

7 ‘‘(A) The term ‘baby abandoned at birth’ means

8 a child who—

9 ‘‘(i) has been physically abandoned by the

10 parents or legal guardians of the child for a

11 time during the critical period; and

12 ‘‘(ii) has not attained the age of 18

13 months.

14 ‘‘(B) The term ‘critical period’ means, with re15 spect to a child, the period beginning with the date

16 the child is born and ending with—

17 ‘‘(i) a date which may be specified by State

18 law, if such date occurs not earlier than 3

19 months, and not later than 6 months, after the

20 date the child is born; or

21 ‘‘(ii) the date the child attains the age of

22 6 months, if State law fails to specify a date in

23 accordance with clause (i).

24 ‘‘(3) The provisions and rules of State law that are

25 enacted or adopted pursuant to this subsection shall not
7

HR 1044 IH

1 be construed to affect any provision or rule of State law

2 with respect to the abandonment of children that is not

3 so enacted or adopted, except to the extent that such pro4 visions or rules of State law are in direct conflict.’’.

5 (2) CONFORMING AMENDMENT.—Section

6 471(b) of such Act (42 U.S.C. 671(b)) is amended

7 by striking ‘‘the provisions of subsection (a) of this

8 section’’ and inserting ‘‘subsections (a) and (c)’’.

9 (b) BABIES ABANDONED AT BIRTH TREATED AS

10 CHILDREN WITH SPECIAL NEEDS FOR PURPOSES OF

11 ADOPTION ASSISTANCE PROGRAM.—

12 (1) IN GENERAL.—Section 473 of such Act (42

13 U.S.C. 673) is amended by adding at the end the

14 following:

15 ‘‘(d) Notwithstanding subsection (c), for purposes of

16 this section, a child who is or was a baby abandoned at

17 birth (as defined in section 471(c)(2)(A)) shall be consid18 ered a child with special needs.’’.

19 (2) APPLICABILITY.—The amendment made by

20 paragraph (1) shall not apply to any child who at21 tains the age of 18 months before the date of the

22 enactment of this Act.

23 SEC. 5. EFFECTIVE DATE.

24 (a) IN GENERAL.—Except as provided in subsection

25 (b), the amendments made by this Act shall apply to pay-
8

HR 1044 IH

1 ments under title IV of the Social Security Act for cal2 endar quarters beginning after the calendar quarter in

3 which this Act is enacted.

4 (b) DELAY PERMITTED IF STATE LEGISLATION RE5 QUIRED.—In the case of a State plan approved under title

6 IV of the Social Security Act which the Secretary of

7 Health and Human Services determines requires State

8 legislation (other than legislation appropriating funds) in

9 order for the plan to meet the additional requirements im10 posed by the amendments made by this Act, the State plan

11 shall not be regarded as failing to comply with the require12 ments of such part solely on the basis of the failure of

13 the plan to meet such additional requirements before the

14 1st day of the 1st calendar quarter beginning after the

15 close of the 1st regular session of the State legislature that

16 begins after the date of the enactment of this Act. For

17 purposes of the previous sentence, in the case of a State

18 that has a 2-year legislative session, each year of such ses19 sion shall be deemed to be a separate regular session of

20 the State legislature.

Æ