I

104TH CONGRESS

1ST SESSION H. R. 446

To prohibit States from requiring parents or legal guardians to transfer

legal custody of their children for the sole purpose of obtaining public

services for such children.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1995

Mr. STARK (for himself, Mrs. MORELLA, Mr. MATSUI, and Mr. COYNE) introduced the following bill; which was referred to the Committee on Ways

and Means and, in addition, to the Committee on 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 prohibit States from requiring parents or legal guardians

to transfer legal custody of their children for the sole

purpose of obtaining public services for such 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. CHILD WELFARE SERVICES.

4 Section 422(b) of the Social Security Act (42 U.S.C.

5 622(b)) is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (9);
2

•HR 446 IH

1 (2) by striking the period at the end of para2 graph (10) and inserting ‘‘; and’’; and

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

4 ‘‘(11) provide that—

5 ‘‘(A) the State shall not require any parent

6 or legal guardian to transfer custody of a child

7 in order to have the child placed outside the

8 home of the parent or legal guardian, if the sole

9 reason for the placement is the need to obtain

10 services provided under the plan for the child’s

11 emotional, behavioral, or mental disorder or de12 velopmental or physical disability;

13 ‘‘(B) any such placement of a child shall

14 be made pursuant to a voluntary placement

15 agreement (as defined in section 472(f)(2));

16 ‘‘(C) the State shall have responsibility for

17 the placement of any child subject to a vol18 untary placement agreement (as so defined),

19 and for the care of any child so placed; and

20 ‘‘(D) the State shall apply procedural safe21 guards to assure each child so placed of

22 dispositional hearings of the type, and at the

23 times, specified in section 475(5)(C).’’.
3

•HR 446 IH

1 SEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES.

2 (a) IN GENERAL.—Section 432(a) of the Social Secu3 rity Act (42 U.S.C. 632(a)) is amended by redesignating

4 paragraphs (6), (7), and (8) as paragraphs (7), (8), and

5 (9), respectively, and by inserting after paragraph (5) the

6 following:

7 ‘‘(6) provides that—

8 ‘‘(A) the State shall not require any parent

9 or legal guardian to transfer custody of a child

10 in order to have the child placed outside the

11 home of the parent or legal guardian, if the sole

12 reason for the placement is the need to obtain

13 services provided through the State program

14 under this subpart for the child’s emotional, be15 havioral, or mental disorder or developmental or

16 physical disability;

17 ‘‘(B) any such placement of a child shall

18 be made pursuant to a voluntary placement

19 agreement (as defined in section 472(f)(2));

20 and

21 ‘‘(C) the State shall have responsibility for

22 the placement of any child subject to a vol23 untary placement agreement (as so defined),

24 and for the care of any child so placed; and

25 ‘‘(D) the State shall apply procedural safe26 guards to assure each child so placed of
4

•HR 446 IH

1 dispositional hearings of the type, and at the

2 times, specified in section 475(5)(C);’’.

3 (b) CONFORMING AMENDMENT.—Section

4 432(b)(2)(A) of such Act (42 U.S.C. 632(b)(2)(A)) is

5 amended by inserting ‘‘(other than of subsection (a)(6))’’

6 after ‘‘this section’’.

7 SEC. 3. FOSTER CARE MAINTENANCE PAYMENTS.

8 (a) IN GENERAL.—Section 471(a) of the Social Secu9 rity Act (42 U.S.C. 671(a)) is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (16);

12 (2) by striking the period at the end of para13 graph (17) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(18) provides that—

16 ‘‘(A) the State shall not require any parent

17 or legal guardian to transfer custody of a child

18 in order to have the child placed outside the

19 home of the parent or legal guardian, if the sole

20 reason for the placement is the need to obtain

21 foster care maintenance payments for the child;

22 ‘‘(B) any such placement of a child shall

23 be made pursuant to a voluntary placement

24 agreement; and
5

•HR 446 IH

1 ‘‘(C) the State shall have responsibility for

2 the placement of any child subject to a vol3 untary placement agreement, and for the care

4 of any child so placed.’’.

5 (b) MODIFICATION OF VOLUNTARY PLACEMENT

6 AGREEMENTS.—Section 472(f)(2) of such Act (42 U.S.C.

7 672(f)(2)) is amended—

8 (1) by inserting ‘‘legal’’ before ‘‘guardians’’

9 each place such term appears; and

10 (2) by inserting ‘‘, and which does not transfer

11 legal custody of the child to the State’’ before the

12 period.

13 (c) RULE OF CONSTRUCTION.—Section 474 of such

14 Act (42 U.S.C. 674) is amended by adding at the end the

15 following:

16 ‘‘(d) The provisions of this part, individually or in

17 combination, shall not be construed to require a State to

18 have legal custody of a child in order to receive payments

19 under this part for services provided for the child outside

20 the child’s home.’’.

21 SEC. 4. MATERNAL AND CHILD HEALTH SERVICES.

22 Section 505(a) of the Social Security Act (42 U.S.C.

23 705(a)) is amended—

24 (1) in paragraph (4), by striking ‘‘and’’ after

25 the semicolon at the end;
6

•HR 446 IH

1 (2) in paragraph (5), by striking the period at

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

3 (3) by inserting after paragraph (5) the follow4 ing paragraph:

5 ‘‘(6) provides that—

6 ‘‘(A) the State shall not require any parent

7 or legal guardian to transfer custody of a child

8 in order to have the child placed outside the

9 home of the parent or legal guardian, if the sole

10 reason for the placement is the need to obtain

11 services provided through the State under this

12 title for the child’s emotional, behavioral, or

13 mental disorder or developmental or physical

14 disability;

15 ‘‘(B) any such placement of a child shall

16 be made pursuant to a voluntary placement

17 agreement (as defined in section 472(f)(2));

18 ‘‘(C) the State shall have responsibility for

19 the placement of any child subject to a vol20 untary placement agreement (as so defined),

21 and for the care of any child so placed; and

22 ‘‘(D) the State shall apply procedural safe23 guards to assure each child so placed of

24 dispositional hearings of the type, and at the

25 times, specified in section 475(5)(C).’’.
7

•HR 446 IH

1 SEC. 5. MEDICAID.

2 Section 1902(a) of the Social Security Act (42 U.S.C.

3 1396a(a)) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (61);

6 (2) by striking the period at the end of para7 graph (62) and inserting ‘‘; and’’; and

8 (3) by inserting after paragraph (62) the fol9 lowing new paragraph:

10 ‘‘(63) provide that the State agency shall pro11 vide assurances satisfactory to the Secretary that—

12 ‘‘(A) the State does not require any parent

13 or legal guardian to transfer custody of a child

14 in order to have the child placed outside the

15 home of the parent or legal guardian, if the sole

16 reason for the placement is the need to obtain

17 medical assistance for the child under the State

18 plan for the child’s emotional, behavioral, or

19 mental disorder or developmental or physical

20 disability;

21 ‘‘(B) any such placement of a child shall

22 be made pursuant to a voluntary placement

23 agreement (as defined in section 472(f)(2));

24 ‘‘(C) the State shall have responsibility for

25 the placement of any child subject to a vol-
8

•HR 446 IH

1 untary placement agreement (as so defined),

2 and for the care of any child so placed; and

3 ‘‘(D) the State shall apply procedural safe4 guards to assure each child so placed of

5 dispositional hearings of the type, and at the

6 times, specified in section 475(5)(C).’’.

7 SEC. 6. SOCIAL SERVICES.

8 Title XX of the Social Security Act (42 U.S.C. 1397–

9 1397f) is amended by adding at the end the following:

10 ‘‘SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS

11 TO SURRENDER CUSTODY OF THEIR CHIL12 DREN IN ORDER TO OBTAIN SERVICES FOR

13 SUCH CHILDREN.

14 ‘‘The Secretary shall not make any payment to a

15 State under this title if the State does not have in effect

16 laws and procedures which—

17 ‘‘(1) prevent the State from requiring any par18 ent or legal guardian to transfer custody of a child

19 in order to have the child placed outside the home

20 of the parent or legal guardian, if the sole reason for

21 the placement is the need to obtain any service for

22 the child for the child’s emotional, behavioral, or

23 mental disorder or developmental or physical disabil24 ity, which is furnished in whole or in part through

25 the use of funds provided under this title;
9

•HR 446 IH

1 ‘‘(2) any such placement of a child shall be

2 made pursuant to a voluntary placement agreement

3 (as defined in section 472(f)(2));

4 ‘‘(3) the State shall have responsibility for the

5 placement of any child subject to a voluntary place6 ment agreement (as so defined), and for the care of

7 any child so placed; and

8 ‘‘(4) the State shall apply procedural safe9 guards to assure each child so placed of dispositional

10 hearings of the type, and at the times, specified in

11 section 475(5)(C).’’.

12 SEC. 7. EFFECTIVE DATE.

13 The amendments made by this Act shall take effect

14 on October 1, 1995.

Æ