I 

113TH CONGRESS 

1ST SESSION H. R. 3423 

To ensure the safety and well-being of adopted children. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mr. LANGEVIN (for himself, Mr. WITTMAN, Ms. WILSON of Florida, Mr. SEAN

PATRICK MALONEY of New York, Ms. NORTON, Ms. BASS, and Mr. 

GRIMM) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To ensure the safety and well-being of adopted children. 

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

3 SECTION 1. ADOPTION SUPPORT SERVICES. 

4 (a) ENSURING WELL-BEING OF ADOPTED CHILDREN

5 AND ADOPTIVE FAMILIES.—Section 421 of the Social Se6 curity Act (42 U.S.C. 621) is amended— 

7 (1) in paragraph (4), by striking ‘‘and’’ at the 

8 end; 


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1 (2) by redesignating paragraph (5) as para2 graph (6); and 

3 (3) by inserting after paragraph (4) the fol4 lowing new paragraph: 

5 ‘‘(5) ensuring the well-being of adopted children 

6 and their adoptive families and promoting efforts to 

7 prevent such children from entering the foster care 

8 system through the provision of pre- and post-adop9 tive support services; and’’. 

10 (b) PRE- AND POST-ADOPTIVE SUPPORT SERV11 ICES.—Paragraph (8) of section 431(a) of such Act (42 

12 U.S.C. 629a(a)) is amended to read as follows: 

13 ‘‘(8) ADOPTION PROMOTION AND SUPPORT

14 SERVICES.— 

15 ‘‘(A) IN GENERAL.—The term ‘adoption 

16 promotion and support services’ means services 

17 and activities designed to encourage more adop18 tions out of the foster care system and support 

19 domestic adoptions and adoptions from other 

20 countries, consistent with promoting the best 

21 interests of adopted children and their adoptive 

22 families. Such services and activities may in23 clude pre- and post-adoptive support services, 

24 as described in subparagraph (B), that are deVerDate Mar 15 2010 22:39 Nov 06, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3423.IH H3423

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1 signed to support adopted children and their 

2 adoptive families. 

3 ‘‘(B) PRE- AND POST-ADOPTIVE SUPPORT

4 SERVICES.—The term ‘pre- and post-adoptive 

5 support services’ means the following: 

6 ‘‘(i) Pre-adoptive support services, 

7 which may include— 

8 ‘‘(I) direct services, including 

9 training, educational support, coun10 seling, case management, and other 

11 services for adoptive parents and fam12 ilies that address caregiver interests 

13 and concerns regarding common be14 havioral issues, such as— 

15 ‘‘(aa) issues relating to emo16 tional, behavioral, or develop17 mental health needs; 

18 ‘‘(bb) issues relating to at19 tachment, identity, abandonment, 

20 cultural differences, grief, and 

21 loss; 

22 ‘‘(cc) issues resulting from 

23 birth defects due to fetal alcohol 

24 syndrome or any other substance 


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1 abuse-related developmental dis2 order; 

3 ‘‘(dd) the conditions that a 

4 child is being adopted from, and 

5 how this will influence the child’s 

6 emotional and social develop7 ment; and 

8 ‘‘(ee) adoptive families 

9 should receive full disclosure of 

10 the child’s background informa11 tion (non-identifying and identi12 fying when needed or when 

13 agreed upon in an open adop14 tion). This information should in15 clude but not be limited to infor16 mation from family, agency, 

17 court, school, mental health, and 

18 medical files; 

19 ‘‘(II) the provision of educational 

20 resources for adoptive parents regard21 ing the geographic, ethnic, and cul22 tural background of the adopted child; 

23 ‘‘(III) peer-to-peer mentoring and 

24 support groups that permit a newly 

25 adoptive parent to communicate and 


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1 learn from more experienced adoptive 

2 parents, including programs that en3 hance communication between adop4 tive parents with children of similar 

5 geographic, ethnic, or cultural back6 grounds; and 

7 ‘‘(IV) the provision of informa8 tional resources for adoptive parents, 

9 including— 

10 ‘‘(aa) resources available 

11 through Federal and State agen12 cies, including information re13 garding benefits for children with 

14 a medical condition or a physical, 

15 mental, or emotional disability; 

16 ‘‘(bb) newsletters, Web sites, 

17 and other informational resources 

18 regarding adoption-related serv19 ices; 

20 ‘‘(cc) the establishment of 

21 lending libraries containing infor22 mation and resources for adop23 tive parents; and 

24 ‘‘(dd) conferences, parent 

25 support discussion groups, and 


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1 seminars that are available to 

2 adoptive parents and other rel3 evant stakeholders. 

4 ‘‘(ii) Post-adoptive support services, 

5 which may include— 

6 ‘‘(I) continued provision to adop7 tive parents of pre-adoptive support 

8 services described in clause (i); 

9 ‘‘(II) the provision of accessible 

10 and reliable respite services for adop11 tive parents; 

12 ‘‘(III) direct services and coun13 seling for adopted child and family, 

14 including, as appropriate— 

15 ‘‘(aa) support services for an 

16 adopted child with emotional, be17 havioral, or developmental health 

18 needs; 

19 ‘‘(bb) support services that 

20 address issues relating to attach21 ment, identity, abandonment, cul22 tural differences, grief, and loss; 

23 and 

24 ‘‘(cc) treatment services that 

25 are specialized for adopted chilVerDate Mar 15 2010 22:39 Nov 06, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3423.IH H3423

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1 dren, including psychiatric resi2 dential services, outpatient men3 tal health services, social skills 

4 training, intensive in-home super5 vision services, recreational ther6 apy, suicide prevention, and sub7 stance abuse treatment; 

8 ‘‘(IV) peer-to-peer mentoring and 

9 support groups that allow adopted 

10 children to communicate and socialize 

11 with other adopted children, including 

12 programs that provide for communica13 tion between adopted children from 

14 similar geographic, ethnic, or cultural 

15 backgrounds; and 

16 ‘‘(V) crisis and family preserva17 tion services, including respite care 

18 and crisis counseling and a 24-hour 

19 emergency hotline for adoptive par20 ents.’’. 

21 SEC. 2. FUNDING FOR ADOPTION SUPPORT SERVICES. 

22 Paragraph (8) of section 473(a) of the Social Secu23 rity Act (42 U.S.C. 673(a)) is amended to read as follows: 

24 ‘‘(8) With respect to the amount of savings (if any) 

25 in State expenditures under this part resulting from the 


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1 application of paragraph (2)(A)(ii) to all applicable chil2 dren for a fiscal year, a State shall— 

3 ‘‘(A) spend a significant portion, not less than 

4 20 percent, of such amount to provide pre- and post5 adoptive support services (as defined in section 

6 431(a)(8)(B)); 

7 ‘‘(B) spend the remainder of such amount to 

8 provide to children or families any other services 

9 that may be provided under this part or part B; and 

10 ‘‘(C) on an annual basis, submit to the Sec11 retary a report that provides a detailed account of 

12 any services that were funded pursuant to this para13 graph.’’. 

14 SEC. 3. FEDERAL GRANT PROGRAM FOR POST-ADOPTION 

15 MENTAL HEALTH SERVICES. 

16 Subpart 3 of part B of title V of the Public Health 

17 Service Act (42 U.S.C. 290bb–3 et seq.) is amended by 

18 adding at the end the following: 

19 ‘‘SEC. 520L. POST-ADOPTION MENTAL HEALTH SERVICES. 

20 ‘‘(a) IN GENERAL.—The Secretary, acting through 

21 the Administrator, shall award grants or cooperative 

22 agreements to eligible entities to— 

23 ‘‘(1) develop and implement Statewide or tribal 

24 post-adoption mental health service programs for all 

25 adopted children; 


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1 ‘‘(2) support public organization and private 

2 nonprofit organizations actively involved in State3 wide or tribal post-adoption mental health service 

4 programs; 

5 ‘‘(3) collect and analyze data on State-spon6 sored Statewide or tribal post-adoption mental 

7 health service programs that can be used to monitor 

8 the effectiveness of such services and for research, 

9 technical assistance, and policy development; 

10 ‘‘(4) develop and provide educational and train11 ing opportunities concerning the mental health needs 

12 of adopted children and their families for use by 

13 teachers, social workers, and other community men14 tal health service providers; and 

15 ‘‘(5) develop and provide materials for potential 

16 adoptive parents, both for domestic adoptions and 

17 adoptions from other countries, describing the pos18 sible need for post-adoption mental health services 

19 and available resources. 

20 ‘‘(b) ELIGIBLE ENTITY.— 

21 ‘‘(1) DEFINITION.—In this section, the term 

22 ‘eligible entity’ means— 

23 ‘‘(A) a State; 

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1 velop or direct the State-sponsored Statewide 

2 post-adoption mental health service program 

3 under a grant under this section; and 

4 ‘‘(C) a Federally recognized Indian tribe or 

5 tribal organization (as defined in the Indian 

6 Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450 et seq.)) or an urban In8 dian organization (as defined in the Indian 

9 Health Care Improvement Act (25 U.S.C. 1601 

10 et seq.)) that is actively involved in the develop11 ment and continuation of a post-adoption men12 tal health service program. 

13 ‘‘(2) LIMITATION.—In carrying out this section, 

14 the Secretary shall ensure that each State is award15 ed only 1 grant or cooperative agreement under this 

16 section. For purposes of the preceding sentence, a 

17 State shall be considered to have been awarded a 

18 grant or cooperative agreement if the eligible entity 

19 involved is the State or an entity designated by the 

20 State under paragraph (1)(B). Nothing in this para21 graph shall be construed to apply to entities de22 scribed in paragraph (1)(C). 

23 ‘‘(c) PREFERENCE.—In providing assistance under a 

24 grant or cooperative agreement under this section, the 

25 Secretary shall give preference to eligible entities that have 


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1 demonstrated success in increasing the level of adoption 

2 competency among mental health providers, adoption law3 yers, social workers, case workers, and adoptive parents. 

4 ‘‘(d) REQUIREMENT FOR DIRECT SERVICES.—Not 

5 less than 85 percent of funds received under a grant or 

6 cooperative agreement under this section shall be used to 

7 provide direct services, of which not less than 5 percent 

8 shall be used for activities authorized under subsection 

9 (a)(3). 

10 ‘‘(e) COORDINATION AND COLLABORATION.— 

11 ‘‘(1) IN GENERAL.—In carrying out this sec12 tion, the Secretary shall collaborate with relevant 

13 Federal agencies and adoption-related working 

14 groups to promote interaction between domestic fos15 ter care agencies and private adoption agencies in 

16 other countries. 

17 ‘‘(2) CONSULTATION.—In carrying out this sec18 tion, the Secretary shall consult with— 

19 ‘‘(A) State and social service agencies en20 gaged in the placement of children for adoption, 

21 domestically or from other countries; 

22 ‘‘(B) local and national organizations that 

23 serve foster and adopted youth; 

24 ‘‘(C) health and education specialists who 

25 focus on adoption and foster care medicine; 


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1 ‘‘(D) youth who have been in foster care or 

2 adopted, domestically or from other countries; 

3 ‘‘(E) families and friends of youth who 

4 have been in foster care or adopted, domesti5 cally or from other countries; and 

6 ‘‘(F) qualified professionals who possess 

7 the specialized knowledge, skills, experience, 

8 and relevant attributes needed to serve adopted 

9 children and their families. 

10 ‘‘(3) POLICY DEVELOPMENT.—In carrying out 

11 this section, the Secretary shall— 

12 ‘‘(A) coordinate and collaborate on policy 

13 development with the Administration for Chil14 dren and Families and other relevant Depart15 ment of Health and Human Services agencies 

16 and adoption-related working groups; and 

17 ‘‘(B) consult on policy development at the 

18 Federal level with those in the private sector 

19 engaged in the recruitment of foster and adop20 tive parents, the placement of children in foster 

21 care and for adoption, and the provision of 

22 post-adoption services. 

23 ‘‘(f) EVALUATION AND REPORT.— 

24 ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— 

25 Not later than 18 months after receipt of a grant or 


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1 cooperative agreement under this section, an eligible 

2 entity shall submit to the Secretary the results of an 

3 evaluation to be conducted by the entity concerning 

4 the effectiveness of the activities carried out under 

5 the grant or agreement. 

6 ‘‘(2) REPORT.—Not later than 2 years after the 

7 date of enactment of this section, the Secretary shall 

8 submit to the appropriate committees of Congress a 

9 report concerning the results of— 

10 ‘‘(A) the evaluations conducted under 

11 paragraph (1); and 

12 ‘‘(B) an evaluation conducted by the Sec13 retary to analyze the effectiveness and efficacy 

14 of the activities conducted with grants, collabo15 rations, and consultations under this section. 

16 ‘‘(g) DEFINITIONS.—In this section: 

17 ‘‘(1) ADOPTED CHILD.—The term ‘adopted 

18 child’ means an individual who is under 21 years of 

19 age and was adopted from foster care, through a 

20 private placement agency, or from another country. 

21 ‘‘(2) ADOPTION COMPETENCY.—The term 

22 ‘adoption competency’ means an understanding of— 

23 ‘‘(A) the nature of adoption as a form of 

24 family formation and the different types of 

25 adoption; 


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1 ‘‘(B) relevant emotional and physical 

2 issues involved in the adoption process, includ3 ing issues relating to separation, loss, attach4 ment, abuse, trauma, and neglect; 

5 ‘‘(C) common developmental challenges as6 sociated with adoption; 

7 ‘‘(D) the characteristics and skills that 

8 allow for successful adoptive families; 

9 ‘‘(E) proper sensitivity with respect to the 

10 different geographic, ethnic, or cultural back11 grounds of adopted children and adoptive fami12 lies; and 

13 ‘‘(F) the necessary skills for effectively ad14 vocating on behalf of birth and adoptive fami15 lies. 

16 ‘‘(3) POST-ADOPTION MENTAL HEALTH SERV17 ICES.—The term ‘post-adoption mental health serv18 ices’ includes— 

19 ‘‘(A) adoption competent mental health di20 rect services, including training, educational 

21 support, counseling, and other services for 

22 adoptive parents and families that address care23 giver interests and concerns regarding child be24 havioral issues that are common among adopted 


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1 children and children in foster care, including, 

2 as appropriate— 

3 ‘‘(i) caring for an adopted child with 

4 emotional, behavioral, or developmental 

5 health needs; and 

6 ‘‘(ii) providing for the emotional needs 

7 of an adopted child, including issues relat8 ing to attachment, identity, abandonment, 

9 cultural differences, grief, and loss; 

10 ‘‘(B) peer-to-peer mentoring and support 

11 groups that permit a newly adoptive parent to 

12 communicate and learn from more experienced 

13 adoptive parents; 

14 ‘‘(C) the provision of informational re15 sources and available services for adoptive par16 ents; 

17 ‘‘(D) direct services, including counseling, 

18 peer-to-peer mentoring and support groups, and 

19 other services for adopted children that address 

20 common behavioral and adjustment issues, in21 cluding, as appropriate— 

22 ‘‘(i) support services for an adopted 

23 child with emotional, behavioral, or devel24 opmental health needs; 


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1 ‘‘(ii) support services that address the 

2 emotional needs of an adopted child, in3 cluding issues relating to attachment, iden4 tity, abandonment, cultural differences, 

5 grief, and loss; and 

6 ‘‘(iii) treatment services that are spe7 cialized for adopted children, including 

8 psychiatric residential services, outpatient 

9 mental health services, social skills train10 ing, intensive in-home supervision services, 

11 recreational therapy, suicide prevention, 

12 and substance abuse treatment; 

13 ‘‘(E) peer-to-peer mentoring and support 

14 groups that allow adopted children to commu15 nicate and socialize with other adopted children; 

16 and 

17 ‘‘(F) crisis intervention and family preser18 vation services. 

19 ‘‘(h) FUNDING FOR POST-ADOPTION MENTAL

20 HEALTH SERVICES.—From amounts appropriated to 

21 carry out titles III, V, or XIX of the Public Health Service 

22 Act for each fiscal year, $20,000,000 shall be used by the 

23 Secretary in each such fiscal year to fund services and 

24 programs authorized under this section.’’. 


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1 SEC. 4. DATA COLLECTION ON ADOPTION DISRUPTION AND 

2 DISSOLUTION. 

3 (a) IN GENERAL.—Section 479 of the Social Security 

4 Act (42 U.S.C. 679) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(d)(1) Not later than 12 months after the date of 

7 enactment of this subsection, the Secretary shall, as part 

8 of the data collection system established under this sec9 tion, promulgate final regulations providing for the collec10 tion and analysis of information regarding children who 

11 enter into State custody as a result of the disruption of 

12 a placement for adoption or the dissolution of an adoption, 

13 which shall require States to collect and report— 

14 ‘‘(A) information on children who are adopted 

15 within the United States or from other countries and 

16 who enter into State custody as a result of the dis17 ruption of a placement for adoption or the dissolu18 tion of an adoption, including— 

19 ‘‘(i) the number of children who enter into 

20 State custody as a result of— 

21 ‘‘(I) the disruption of placement for 

22 adoption; or 

23 ‘‘(II) the dissolution of an adoption; 

24 and 

25 ‘‘(ii) for each child identified under clause 

26 (i)— 


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1 ‘‘(I) as applicable, the country of birth 

2 for any child who was not born in the 

3 United States; 

4 ‘‘(II) the length of the adoption place5 ment prior to disruption or dissolution; 

6 ‘‘(III) the age of the child at the time 

7 of the disruption or dissolution; 

8 ‘‘(IV) the reason for the disruption or 

9 dissolution; and 

10 ‘‘(V) the agencies who handled the 

11 placement for adoption; and 

12 ‘‘(B) such other information as determined ap13 propriate by the Secretary. 

14 ‘‘(2) The regulations shall require a State that re15 ports the information described in paragraph (1) to use 

16 the information— 

17 ‘‘(A) to consolidate and expand the collection of 

18 information on adoption disruption and dissolution; 

19 ‘‘(B) to improve research and data collection 

20 systems in order to more accurately determine and 

21 measure the rates, outcomes, and causes of adoption 

22 disruption and dissolution; 

23 ‘‘(C) to identify pre- and post-adoptive support 

24 services (including services described in section 


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1 431(a)(8)(B)) that result in lower rates of disrup2 tion and dissolution of adoptions; 

3 ‘‘(D) to develop an understanding of the rela4 tionship between the rate of incidence of adoption 

5 disruptions and dissolutions and the support services 

6 that are provided to adoptive families in order to 

7 identify and develop effective evidence-based strate8 gies, programs, and support services that help to 

9 prevent adoption disruption and dissolution; and 

10 ‘‘(E) to develop and enhance training and edu11 cational services regarding strategies for prevention 

12 of adoption disruption and dissolution. 

13 ‘‘(3)(A) Not later than 6 months after the date of 

14 enactment of this subsection, the Secretary shall, subject 

15 to subparagraph (B), establish an advisory committee to 

16 study methods to effectively collect data regarding disrup17 tion and dissolution of adoptions that are not included in 

18 the data collection system established under this section, 

19 including— 

20 ‘‘(i) data on children whose adoptions are dis21 rupted or dissolved but do not enter into State cus22 tody as a result of such disruption or dissolution; 

23 ‘‘(ii) data on adoption displacements, whereby 

24 an adopted child is temporarily placed out of the 

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1 ical, mental health, behavioral, or other forms of 

2 treatment; and 

3 ‘‘(iii) such other data as determined appropriate 

4 by the Secretary. 

5 ‘‘(B) The membership and organization of the advi6 sory committee described in subparagraph (A) shall be de7 termined by the Secretary and shall include— 

8 ‘‘(i) State and child welfare agencies that are 

9 engaged in the placement of children for adoption 

10 domestically or from other countries; 

11 ‘‘(ii) local and national organizations that serve 

12 adopted children and children in foster care; and 

13 ‘‘(iii) members of State and local judiciary and 

14 court staff. 

15 ‘‘(C) Not later than 12 months after establishment 

16 of the advisory committee described in subparagraph (A), 

17 the Secretary shall submit to the appropriate committees 

18 of Congress a report containing recommendations of the 

19 advisory committee for improvement of the data collection 

20 system established under this section.’’. 

21 (b) ANNUAL REPORT.—Section 479A of the Social 

22 Security Act (42 U.S.C. 679b) is amended— 

23 (1) in paragraph (5), by striking ‘‘and’’ after 

24 the semicolon; 


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1 (2) in paragraph (6), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(7) include in the report submitted pursuant 

6 to paragraph (5) for fiscal year 2013 or any suc7 ceeding fiscal year, national and State-by-State data 

8 on the numbers and rates of disruptions and dissolu9 tions of adoptions, as collected pursuant to section 

10 479(d)(1).’’. 

11 SEC. 5. GAO REPORT. 

12 Within 1 year after the date of the enactment of this 

13 Act, the Comptroller General of the United States shall 

14 submit to the Congress a written report on— 

15 (1) how children are advertised online for adop16 tion, the number of children so advertised, what 

17 happens to children so advertised, the reasons why 

18 children are so advertised, and the resources avail19 able to the government to combat the advertising; 

20 (2) how home studies of prospective parents 

21 vary, depending on whether the adoption is private, 

22 domestic, or international; 

23 (3) how the type and amount of pre-adoptive 

24 training prospective parents receive varies; 


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1 (4) the availability of quality support for fami2 lies to meet the post-adoption emotional and behav3 ioral challenges faced by children; and 

4 (5) the reasons for adoption disruptions and 

5 dissolutions, and for the sending of adopted children 

6 to live with new families without notice to the appro7 priate authorities. 

Æ 


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