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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 867 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 8, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
867) entitled ``An Act to promote the adoption of children in foster 
care.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Promotion of 
Adoption, Safety, and Support for Abused and Neglected Children (PASS) 
Act''.
    (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. Multidisciplinary/multiagency child death review teams.
Sec. 104. States required to initiate or join proceedings to terminate 
                            parental rights for certain children in 
                            foster care.
Sec. 105. Notice of reviews and hearings; opportunity to be heard.
Sec. 106. Use of the Federal Parent Locator Service for child welfare 
                            services.
Sec. 107. Criminal records checks for prospective foster and adoptive 
                            parents and group care staff.
Sec. 108. 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. State performance in protecting children.

             TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

Sec. 301. Expansion of child welfare demonstration projects.
Sec. 302. Permanency planning 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 disrupted.
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.

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, as 
                described in this section, the child's health and 
                safety shall be the paramount concern;
                    ``(B) 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 
                        when the child can be cared for at home without 
                        endangering the child's health or safety; or
                            ``(ii) to make it possible for the child to 
                        safely return to the child's home;
                    ``(C) reasonable efforts shall not be required on 
                behalf of any parent--
                            ``(i) if a court of competent jurisdiction 
                        has made a determination that 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 murder or voluntary 
                                manslaughter; or
                                    ``(IV) committed a felony assault 
                                that results in serious bodily injury 
                                to the child or another child of the 
                                parent;
                            ``(ii) if a court of competent jurisdiction 
                        determines that returning the child to the home 
                        of the parent would pose a serious risk to the 
                        child's health or safety (including but not 
                        limited to cases of abandonment, torture, 
                        chronic physical abuse, sexual abuse, or a 
                        previous involuntary termination of parental 
                        rights with respect to a sibling of the child); 
                        or
                            ``(iii) if the State, through legislation, 
                        has specified cases in which the State is not 
                        required to make reasonable efforts because of 
                        serious circumstances that endanger a child's 
                        health or safety;
                    ``(D) if reasonable efforts of the type described 
                in subparagraph (B) are not made as a result of a 
                determination made by a court of competent jurisdiction 
                in accordance with subparagraph (C)--
                            ``(i) a permanency planning hearing (as 
                        described in section 475(5)(C)) shall be held 
                        for the child within 30 days of such 
                        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
                    ``(E) reasonable efforts to place a child for 
                adoption or with a legal guardian or custodian may be 
                made concurrently with reasonable efforts of the type 
                described in subparagraph (B);''.
    (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''.
    (c) Rule of Construction.--Nothing in part E of title IV of the 
Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, 
shall be construed as precluding State courts from exercising their 
discretion to protect the health and safety of children in individual 
cases, when such cases do not include aggravated circumstances, as 
defined by State law.

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) (as redesignated by section 
        5592(a)(1)(A)(iii) of the Balanced Budget Act of 1997 (Public 
        Law 105-33; 111 Stat. 644))--
                    (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--
                    (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
                    (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. MULTIDISCIPLINARY/MULTIAGENCY CHILD DEATH REVIEW TEAMS.

    (a) State Child Death Review Teams.--Section 471 of the Social 
Security Act (42 U.S.C. 671) is amended by adding at the end the 
following:
    ``(c)(1) In order to investigate and prevent child death from fatal 
abuse and neglect, not later than 2 years after the date of the 
enactment of this subsection, a State, in order to be eligible for 
payments under this part, shall submit to the Secretary a certification 
that the State has established and is maintaining, in accordance with 
applicable confidentiality laws, a State child death review team, and 
if necessary in order to cover all counties in the State, child death 
review teams on the regional or local level, that shall review child 
deaths, including deaths in which--
            ``(A) there is a record of a prior report of child abuse or 
        neglect or there is reason to suspect that the child death was 
        caused by, or related to, child abuse or neglect; or
            ``(B) the child who died was a ward of the State or was 
        otherwise known to the State or local child welfare service 
        agency.
    ``(2) A citizen review panel established in accordance with section 
106(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106a(c)) or a foster care review board may be a State, regional, or 
local child death review team for purposes of satisfying the 
requirements of paragraph (1).''.
    (b) Federal Child Death Review Team.--Section 471 of the Social 
Security Act (42 U.S.C. 671), as amended by subsection (a), is amended 
by adding at the end the following:
    ``(d)(1) The Secretary shall establish a Federal child death review 
team that shall consist of at least the following:
            ``(A) Representatives of the following Federal agencies who 
        have expertise in the prevention or treatment of child abuse 
        and neglect:
                    ``(i) Department of Health and Human Services.
                    ``(ii) Department of Justice.
                    ``(iii) Bureau of Indian Affairs.
                    ``(iv) Department of Defense.
                    ``(v) Bureau of the Census.
            ``(B) Representatives of national child-serving 
        organizations who have expertise in the prevention or treatment 
        of child abuse and neglect and that, at a minimum, represent 
        the health, child welfare, social services, and law enforcement 
        fields.
    ``(2) The Federal child death review team established under this 
subsection shall--
            ``(A) review reports of child deaths on military 
        installations and other Federal lands, and coordinate with 
        Indian tribal organizations in the review of child deaths on 
        Indian reservations;
            ``(B) upon request, provide guidance and technical 
        assistance to States and localities seeking to initiate or 
        improve child death review teams and to prevent child 
        fatalities; and
            ``(C) develop recommendations on related policy and 
        procedural issues for Congress, relevant Federal agencies, and 
        States and localities for the purpose of preventing child 
        fatalities.''.

SEC. 104. 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 12 of 
                the most recent 18 months, or, if a court of competent 
                jurisdiction has determined an infant to have been 
                abandoned (as defined under State law), or made a 
                determination that the parent has committed murder of 
                another child of such parent, committed voluntary 
                manslaughter of another child of such parent, aided or 
                abetted, attempted, conspired, or solicited to commit 
                such murder or voluntary manslaughter, or committed a 
                felony assault that results in serious bodily injury to 
                the surviving child or to another child of such 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 to a 
                        State court 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 necessary for the safe return of the 
                        child to the child's home.''.
    (b) Determination of Beginning of Foster Care.--Section 475(5) of 
the Social Security Act (42 U.S.C. 675(5)), as amended by subsection 
(a), 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) a child shall be considered to have entered 
                foster care on the earlier of--
                            ``(i) the date of the first judicial 
                        hearing on removal of the child from the home; 
                        or
                            ``(ii) that date that is 30 days after the 
                        date on which the child is removed from the 
                        home.''.
    (c) Rule of Construction.--Nothing in part E of title IV of the 
Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, 
shall be construed as precluding State courts or State agencies from 
initiating the termination of parental rights for reasons other than, 
or for timelines earlier than, those specified in part E of title IV of 
such Act, when such actions are determined to be in the best interests 
of the child, including cases where the child has experienced multiple 
foster care placements of varying durations .
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendments made by this section shall apply to 
        children entering foster care under the responsibility of the 
        State after the date of enactment of this Act.
            (2) Transition rule for current and former foster care 
        children.--Subject to paragraph (3), the amendments made by 
        subsection (a) shall apply to children in foster care under the 
        responsibility of the State on or before the date of enactment 
        of this Act as though those children first entered foster care 
        on the date of enactment of this Act.
            (3) Delay permitted if state legislation required.--The 
        provisions of section 501(b) shall apply to the effective date 
        of the amendments made by this section.

SEC. 105. 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 104(b), 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) the foster parents (if any) of a child and 
                any preadoptive parent, relative providing care for the 
                child, or any other individual who has provided 
                substitute 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 
                require that any foster parent, preadoptive parent, 
                relative providing care for the child, or other 
                individual who has provided substitute care for the 
                child be made a party to such a review or hearing 
                solely on the basis of such notice and opportunity to 
                be heard.''.

SEC. 106. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE 
              SERVICES.

    Section 453 of the Social Security Act (42 U.S.C. 653), as amended 
by section 5534(a) of the Balanced Budget Act of 1997, is amended--
            (1) in subsection (a)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or making or enforcing child custody or 
                visitation orders,'' after ``obligations,''; and
                    (B) in subparagraph (A)--
                            (i) by striking ``or'' at the end of clause 
                        (ii);
                            (ii) by striking the comma at the end of 
                        clause (iii) and inserting ``; or''; and
                            (iii) by inserting after clause (iii) the 
                        following:
                            ``(iv) 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. 107. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE 
              PARENTS AND GROUP CARE STAFF.

    (a) Requirement for Criminal Records Checks.--Section 471(a) of the 
Social Security Act (42 U.S.C. 671(a)), as amended by section 5591(b) 
of the Balanced Budget Act of 1997, is amended--
            (1) by striking ``and'' at the end of paragraph (18);
            (2) by striking the period at the end of paragraph (19) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(20) provides procedures for Federal and State criminal 
        records checks for any prospective foster or adoptive parent 
        and any other adults residing in the household of such parent, 
        and any employee of a residential child-care institution before 
        the foster parent or adoptive parent, or the residential child-
        care institution may be finally approved for placement of a 
        child on whose behalf foster care maintenance payments or 
        adoption assistance payments are to be made under the State 
        plan under this part, including procedures requiring that in 
        any case in which a record check reveals a criminal conviction 
        of child abuse or neglect, or of spousal abuse, a criminal 
        conviction for crimes against children (including child 
        pornography), or a criminal conviction for a crime involving 
        violence, including rape, sexual or other physical assault, 
        battery, or homicide, approval shall not be granted, and that, 
        with respect to drug-related offenses, if a State finds that a 
        court of competent jurisdiction has determined that such an 
        offense has been committed within the past 5 years, approval 
        shall not be granted.''.
    (b) Continued Applicability of State Laws.--The amendment made by 
subsection (a) shall not be construed to supersede any provision of 
State law that establishes, implements, or continues in effect any 
standard or requirement relating to criminal records checks and other 
background checks for prospective foster and adoptive parents, and for 
employees of a residential child-care institution, except to the extent 
that such standard or requirement prevents the application of the 
requirements added by such amendment.

SEC. 108. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A 
              PERMANENT HOME.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
            (1) in paragraph (1)--
                    (A) in the last sentence--
                            (i) by striking ``the case plan must also 
                        include''; and
                            (ii) by redesignating such sentence as 
                        subparagraph (D) and indenting appropriately; 
                        and
                    (B) by adding at the end, the following:
                    ``(E) In the case of a child with respect to whom 
                the State's plan is adoption or placement in another 
                permanent home, documentation of the steps the agency 
                is taking to find an adoptive family or other permanent 
                living arrangement for the child, to place the child 
                with an adoptive family, a fit and willing relative, a 
                legal guardian, or in another planned permanent living 
                arrangement, and to finalize the adoption or legal 
                guardianship. At a minimum, such documentation shall 
                include child specific recruitment efforts such as the 
                use of State, regional, and national adoption exchanges 
                including electronic exchange systems.''; and
            (2) in paragraph (5)(B), by inserting ``(including the 
        requirement specified in paragraph (1)(E))'' after ``case 
        plan''.

   TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

SEC. 201. ADOPTION INCENTIVE PAYMENTS.

    (a) In General.--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.--Subject to the availability of such amounts 
as may be provided in advance in appropriations Acts for this purpose, 
the Secretary may make a grant to each State that is an incentive-
eligible State for a fiscal year in an amount equal to the adoption 
incentive payment payable to the State for the fiscal year under this 
section, which shall be payable in the immediately succeeding fiscal 
year.
    ``(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;
            ``(4) the State provides health insurance coverage to any 
        child with special needs for whom there is in effect an 
        adoption assistance agreement between a State and an adoptive 
        parent or parents; and
            ``(5) 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) $3,000, 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) $3,000, 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.--For any fiscal year, if the total amount of 
        adoption incentive payments otherwise payable under this 
        section for a fiscal year exceeds the amount appropriated for 
        that fiscal year, 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 
                appropriated for that year, 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 average number of foster child 
        adoptions in the State for the 3 most recent fiscal years.
            ``(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 average number of special 
        needs adoptions in the State for the 3 most recent fiscal 
        years.
    ``(h) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For grants under this section, there is 
        authorized to be appropriated to the Secretary $15,000,000 for 
        each of fiscal years 1999 through 2003.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) are authorized to remain available until expended, but not 
        after fiscal year 2003.
    ``(i) Technical Assistance.--The Secretary shall provide, directly, 
or by grant, contract, or interagency agreement, technical assistance 
upon request to assist States and local communities to reach their 
targets for increased numbers of adoptions.''.
    (b) Discretionary Cap Adjustment for Adoption Incentive Payments.--
            (1) Section 251 amendment.--Section 251(b)(2) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 901(b)(2)), as amended by section 10203(a)(4) of the 
        Balanced Budget Act of 1997, is amended by adding at the end 
        the following new subparagraph:
                    ``(G) Adoption incentive payments.--Whenever a bill 
                or joint resolution making appropriations for fiscal 
                year 1999, 2000, 2001, 2002, or 2003 is enacted that 
                specifies an amount for adoption incentive payments for 
                the Department of Health and Human Services--
                            ``(i) the adjustments for new budget 
                        authority shall be the amounts of new budget 
                        authority provided in that measure for adoption 
                        incentive payments, but not to exceed 
                        $15,000,000; and
                            ``(ii) the adjustment for outlays shall be 
                        the additional outlays flowing from such 
                        amount.''.
            (2) Section 314 amendment.--Section 314(b) of the 
        Congressional Budget Act of 1974, as amended by section 
        10114(a) of the Balanced Budget Act of 1997, is amended--
                    (A) by striking ``or'' at the end of paragraph (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(6) in the case of an amount for adoption incentive 
        payments (as defined in section 251(b)(2)(G) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985) for fiscal 
        year 1999, 2000, 2001, 2002, or 2003 for the Department of 
        Health and Human Services, an amount not to exceed 
        $15,000,000.''.

SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.

    (a) Elimination of Geographic Barriers to Interstate Adoption.--
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 107, is amended--
            (1) by striking ``and'' at the end of paragraph (19);
            (2) by striking the period at the end of paragraph (20) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(21) provides that neither the State nor any other entity 
        in the State that receives funds from the Federal Government 
        and is involved in adoption may--
                    ``(A) deny to any person the opportunity to become 
                an adoptive parent on the basis of the geographic 
                residence of the person or of the child involved; or
                    ``(B) delay or deny the placement of a child for 
                adoption on the basis of the geographic residence of an 
                adoptive parent or of the child involved.''.
    (b) Study of Interjurisdictional Adoption Issues.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this subsection referred to as the ``Secretary'') shall 
        appoint an advisory panel that shall--
                    (A) study and consider how to improve procedures 
                and policies to facilitate the timely and permanent 
                adoptions of children across State and county 
                jurisdictions;
                    (B) examine, at a minimum, interjurisdictional 
                adoption issues--
                            (i) concerning the recruitment of 
                        prospective adoptive families from other States 
                        and counties;
                            (ii) concerning the procedures to grant 
                        reciprocity to prospective adoptive family home 
                        studies from other States and counties;
                            (iii) arising from a review of the comity 
                        and full faith and credit provided to adoption 
                        decrees and termination of parental rights 
                        orders from other States; and
                            (iv) concerning the procedures related to 
                        the administration and implementation of the 
                        Interstate Compact on the Placement of 
                        Children; and
                    (C) not later than 12 months after the final 
                appointment to the advisory panel, submit to the 
                Secretary the report described in paragraph (3).
            (2) Composition of advisory panel.--In establishing the 
        advisory panel required under paragraph (1), the Secretary 
        shall appoint members from the general public who are 
        individuals knowledgeable on adoption and foster care issues, 
        and with due consideration to representation of ethnic or 
        racial minorities and diverse geographic areas, and who, at a 
        minimum, include the following:
                    (A) Adoptive and foster parents.
                    (B) Public and private child welfare agencies that 
                place children in and out of home care.
                    (C) Family court judges.
                    (D) Adoption attorneys.
                    (E) An Administrator of the Interstate Compact on 
                the Placement of Children and an Administrator of the 
                Interstate Compact on Adoption and Medical Assistance.
                    (F) A representative cross-section of individuals 
                from other organizations and individuals with expertise 
                or advocacy experience in adoption and foster care 
                issues.
            (3) Contents of report.--The report required under 
        paragraph (1)(C) shall include the results of the study 
        conducted under subparagraphs (A) and (B) of paragraph (1) and 
        recommendations on how to improve procedures to facilitate the 
        interjurisdictional adoption of children, including interstate 
        and intercounty adoptions, so that children will be assured 
        timely and permanent placements.
            (4) Congress.--The Secretary shall submit a copy of the 
        report required under paragraph (1)(C) to the appropriate 
        committees of Congress, and, if relevant, make recommendations 
        for proposed legislation.

SEC. 203. STATE PERFORMANCE IN PROTECTING CHILDREN.

    (a) Annual Report.--
            (1) In general.--Part E of title IV of the Social Security 
        Act (42 U.S.C. 670 et seq.) is amended by adding at the end the 
        following:

``SEC. 479A. ANNUAL REPORT.

    ``(a) In General.--The Secretary shall issue an annual report 
containing ratings of the performance of each State in protecting 
children who are placed in foster care, for adoption, or with a 
relative or guardian. The report shall include ratings on outcome 
measures for categories related to safety and permanence for children.
    ``(b) Outcome Measures.--
            ``(1) In general.--The Secretary, in consultation with the 
        American Public Welfare Association, the National Governors' 
        Association, the National Conference of State Legislatures, and 
        child welfare advocates, shall develop a set of outcome 
        measures to be used in preparing the report.
            ``(2) Categories.--In developing the outcome measures, the 
        Secretary shall develop measures that can track performance 
        over time for the following categories:
                    ``(A) The number of children placed annually for 
                adoption, the number of placements of children with 
                special needs, and the number of children placed 
                permanently in a foster family home, with a relative, 
                or with a guardian who is not a relative.
                    ``(B) The number of children, including those with 
                parental rights terminated, that annually leave foster 
                care at the age of majority without having been adopted 
                or placed with a guardian.
                    ``(C) The median and mean length of stay of 
                children in foster care, for children with parental 
                rights terminated, and children for whom parental 
                rights are retained by the biological or adoptive 
                parent.
                    ``(D) The median and mean length of time between a 
                child having a plan of adoption and termination of 
                parental rights, between the availability of a child 
                for adoption and the placement of the child in an 
                adoptive family, and between the placement of the child 
                in such a family and the finalization of the adoption.
                    ``(E) The number of deaths of children in foster 
                care and other out-of-home care, including kinship 
                care, resulting from substantiated child abuse and 
                neglect.
                    ``(F) The specific steps taken by the State to 
                facilitate permanence for children.
            ``(3) Measures.--In developing the outcome measures, the 
        Secretary shall use data from the Adoption and Foster Care 
        Analysis and Reporting System established under section 479 to 
        the maximum extent possible.
    ``(c) Rating System.--The Secretary shall develop a system 
(including using State census data and poverty rates) to rate the 
performance of each State based on the outcome measures.
    ``(d) Preparation and Issuance.--On May 1, 1999, and annually 
thereafter, the Secretary shall prepare, submit to Congress, and issue 
to the States the report described in subsection (a). Each report shall 
rate the performance of a State on each outcome measure developed under 
subsection (b), include an explanation of the rating system developed 
under subsection (c), and the way in which scores are determined under 
the rating system, analyze high and low performances for the State, and 
make recommendations to the State for improvement.''.
            (2) Conforming amendments.--Section 471(a) of the Social 
        Security Act (42 U.S.C. 671(a)), as amended by section 202(a), 
        is amended--
                    (A) in paragraph (20), by striking ``and'' at the 
                end;
                    (B) in paragraph (21), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(22) provides that the State shall annually provide to 
        the Secretary the information required under section 479A.''.
    (b) Development of Performance-Based Incentive System.--The 
Secretary of Health and Human Services, in consultation with State and 
local public officials responsible for administering child welfare 
programs and child welfare advocates, shall develop and recommend to 
Congress an incentive system to provide payments under parts B and E of 
title IV of the Social Security Act (42 U.S.C. 620 et seq., 670 et 
seq.) to any State based on such State's performance under such a 
system. Such system shall, to the extent the Secretary determines 
feasible and appropriate, be based on the annual report required under 
section 479A of the Social Security Act (as added by subsection (a) of 
this Act) or on any proposed modifications of such annual report. Not 
later than 6 months after the date of enactment of this Act, the 
Secretary shall report on the new system to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate.

             TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.

    (a) In General.--Section 1130(a) of the Social Security Act (42 
U.S.C. 1320a-9) is amended to read as follows:
    ``(a) Authority to Approve Demonstration Projects.--
            ``(1) In general.--The Secretary may authorize 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. Such projects shall be designed to 
        achieve 1 or more of the following goals:
                    ``(A) Reducing a backlog of children in long-term 
                foster care or awaiting adoption placement.
                    ``(B) Ensuring, not later than 1 year after a child 
                enters foster care, an adoptive placement for the 
                child.
                    ``(C) Identifying and addressing barriers that 
                result in delays to adoptive placements for children in 
                foster care.
                    ``(D) Identifying and addressing parental substance 
                abuse problems that endanger children and result in the 
                placement of children in foster care, including through 
                the placement of children with their parents in 
                residential treatment facilities (including residential 
                treatment facilities for post-partum depression) that 
                are specifically designed to serve parents and children 
                together in order to promote family reunification and 
                that can ensure the health and safety of the children 
                in such placements.
                    ``(E) Overcoming barriers to the adoption of 
                children with special needs resulting from a lack of 
                health insurance coverage for such children.
                    ``(F) Any other goal that the Secretary has 
                approved for a demonstration project under this section 
                as of the date of enactment of the Promotion of 
                Adoption, Safety, and Support for Abused and Neglected 
                Children (PASS) Act, or, after such date, specifies by 
                regulation.
            ``(2) Requirement.--In considering an application to 
        conduct a demonstration project under this section that has 
        been submitted by a State in which there has been a court order 
        determining that the State's child welfare program has failed 
        to comply with the provisions of part B or E of title IV or of 
        the Constitution, the Secretary shall take into consideration 
        the effect of approving the proposed project on the terms and 
        conditions of any court order related to such failure to comply 
        that is in effect in the State.''.
    (b) Rule of Construction.--Nothing in the amendments made by 
subsection (a) shall be construed as affecting the terms and conditions 
of any demonstration projects under section 1130 of the Social Security 
Act (42 U.S.C. 1320a-9) that have been approved by the Secretary as of 
the date of enactment of this Act.

SEC. 302. PERMANENCY PLANNING HEARINGS.

    Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) 
is amended--
            (1) by striking ``dispositional'' and inserting 
        ``permanency planning'';
            (2) by striking ``eighteen'' and inserting ``12'';
            (3) by striking ``original placement'' and inserting ``date 
        the child is considered to have entered foster care (as 
        determined under subparagraph (F))''; and
            (4) by striking ``future status of'' and all that follows 
        through ``long term basis)'' and inserting ``permanency plan 
        for the child that includes whether, and if applicable when, 
        the child will be returned to the parent, placed for adoption 
        and the State will file a petition for termination of parental 
        rights, or referred for legal guardianship or custody, or (in 
        cases where the State agency has documented to the State court 
        a compelling reason for determining that it would not be in the 
        best interests of the child to return home, be referred for 
        termination of parental rights, or be placed for adoption, with 
        a qualified relative, or with a legal guardian) placed in 
        another planned permanent living arrangement''.

SEC. 303. 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, and the relationship of 
                        the kinship care providers to the children);
                            (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 permanency plan for the child and 
                        the actions being taken by the State to achieve 
                        the plan;
                            (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, 
        relative caregivers, 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. 304. 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. 305. REAUTHORIZATION AND EXPANSION OF FAMILY PRESERVATION AND 
              SUPPORT SERVICES.

    (a) Reauthorization of Family Preservation and Support Services.--
            (1) In general.--Section 430(b) of the Social Security Act 
        (42 U.S.C. 629(b)) is amended--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) in paragraph (5), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) for fiscal year 1999, $275,000,000;
            ``(7) for fiscal year 2000, $295,000,000; and
            ``(8) for fiscal year 2001, $305,000,000.''.
            (2) Continuation of reservation of certain amounts.--
        Paragraphs (1) and (2) of section 430(d) of the Social Security 
        Act (42 U.S.C. 630(d)) are each amended by striking ``and 
        1998'' and inserting ``1998, 1999, 2000, and 2001''.
            (3) Conforming amendments.--Section 13712 of the Omnibus 
        Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) is 
        amended--
                    (A) in subsection (c), by striking ``1998'' each 
                place it appears and inserting ``2001''; and
                    (B) in subsection (d)(2), by striking ``and 1998'' 
                and inserting ``1998, 1999, 2000, and 2001''.
    (b) Expansion for Time-Limited Family Reunification Services and 
Adoption Promotion and Support Services.--
            (1) Additions to state plan; minimum spending 
        requirements.--Section 432 of the Social Security Act (42 
        U.S.C. 629b) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (4), by striking ``and 
                        community-based family support services'' and 
                        inserting ``, community-based family support 
                        services, time-limited family reunification 
                        services, and adoption promotion and support 
                        services,''; and
                            (ii) in paragraph (5)(A), by striking ``and 
                        community-based family support services'' and 
                        inserting ``, community-based family support 
                        services, time-limited family reunification 
                        services, and adoption promotion and support 
                        services''; and
                    (B) in subsection (b)(1), by striking ``and family 
                support'' and inserting ``, family support, family 
                reunification, and adoption promotion and support''.
            (2) Definitions of time-limited family reunification 
        services and adoption promotion and support services.--Section 
        431(a) of the Social Security Act (42 U.S.C. 629a(a)) is 
        amended by adding at the end the following:
            ``(7) Time-limited family reunification services.--
                    ``(A) In general.--The term `time-limited family 
                reunification services' means the services and 
                activities described in subparagraph (B) that are 
                provided to a child that is removed from the child's 
                home and placed in a foster family home or a child care 
                institution and to the parents or primary caregiver of 
                such a child, in order to facilitate the reunification 
                of the child safely and appropriately within a timely 
                fashion, but only during the 1-year period that begins 
                on the date that the child is removed from the child's 
                home.
                    ``(B) Services and activities described.--The 
                services and activities described in this subparagraph 
                are the following:
                            ``(i) Individual, group, and family 
                        counseling.
                            ``(ii) Inpatient, residential, or 
                        outpatient substance abuse treatment services.
                            ``(iii) Mental health services.
                            ``(iv) Assistance to address domestic 
                        violence.
                            ``(v) Services designed to provide 
                        temporary child care and therapeutic services 
                        for families, including crisis nurseries.
                            ``(vi) Transportation to or from any of the 
                        services and activities described in this 
                        subparagraph.
            ``(8) Adoption promotion and support services.--The term 
        `adoption promotion and support services' means services and 
        activities designed to encourage more adoptions out of the 
        foster care system, when adoptions promote the best interests 
        of children, and shall include the following:
                    ``(A) Models to encourage adoptions of special 
                needs children, including through the provision of 
                medical assistance.
                    ``(B) The development of best practice guidelines 
                for expediting termination of parental rights.
                    ``(C) Models to encourage the use of concurrent 
                planning.
                    ``(D) The development of specialized units and 
                expertise in moving children toward adoption as a part 
                of a permanency plan.
                    ``(E) The development of risk assessment tools to 
                facilitate early identification of the children who 
                will be at risk of harm if returned home.
                    ``(F) Models to encourage the fast tracking of 
                children who have not attained 1 year of age into 
                adoptive and preadoptive placements.
                    ``(G) Development of programs that place children 
                in preadoptive families without waiting for termination 
                of parental rights.
                    ``(H) Development of programs to recruit adoptive 
                parents.
                    ``(I) Such other services or activities that are 
                designed to promote and support adoption as the 
                Secretary may approve.''.
            (3) Additional conforming amendments.--
                    (A) Purposes.--Section 430(a) of the Social 
                Security Act (42 U.S.C. 629(a)) is amended by striking 
                ``and community-based family support services'' and 
                inserting ``, community-based family support services, 
                time-limited family reunification services, and 
                adoption promotion and support services''.
                    (B) Evaluations.--Subparagraphs (B) and (C) of 
                section 435(a)(2) of the Social Security Act (42 U.S.C. 
                629d(a)(2)) are each amended by striking ``and family 
                support'' each place it appears and inserting ``, 
                family support, family reunification, and adoption 
                promotion and support''.
                    (C) Program title.--The heading of subpart 2 of 
                part B of title IV of the Social Security Act (42 
                U.S.C. 629 et seq.) is amended to read as follows:

     ``Subpart 2--Promoting Adoptive, Safe, and Stable Families''.

    (c) Emphasizing the Safety of the Child.--
            (1) Requiring assurances that the safety of children shall 
        be of paramount concern.--Section 432 of the Social Security 
        Act (42 U.S.C. 629b) is amended--
                    (A) in paragraph (7)(B), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (8) as paragraph 
                (9); and
                    (C) by inserting after paragraph (7), the 
                following:
            ``(8) contains assurances that in administering and 
        conducting service programs under the plan, the safety of the 
        children to be served shall be of paramount concern; and''.
            (2) Definitions of family preservation and family support 
        services.--Section 431(a) of the Social Security Act (42 U.S.C. 
        629a(a)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``safe and'' before ``appropriate'' each place 
                        it appears; and
                            (ii) in subparagraph (B), by inserting 
                        ``safely'' after ``remain''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``safety and'' before 
                        ``well-being''; and
                            (ii) by striking ``stable'' and inserting 
                        ``safe, stable,''.
    (d) Clarification of Maintenance of Effort Requirement.--
            (1) Definition of non-federal funds.--Section 431(a) of the 
        Social Security Act (42 U.S.C. 629a(a)), as amended by 
        subsection (b)(2), is amended by adding at the end the 
        following:
            ``(9) Non-federal funds.--The term `non-Federal funds' 
        means State funds, or at the option of a State, State and local 
        funds.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect as if included in the enactment of section 13711 
        of the Omnibus Budget Reconciliation Act of 1993 (Public Law 
        103-33; 107 Stat. 649).

SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH SPECIAL NEEDS.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 203(a)(2), is amended--
            (1) in paragraph (21), by striking ``and'' at the end;
            (2) in paragraph (22), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(23) provides for health insurance coverage for any child 
        who has been determined to be a child with special needs, for 
        whom there is in effect an adoption assistance agreement (other 
        than an agreement under this part) between the State and an 
        adoptive parent or parents, and who the State has determined 
        cannot be placed with an adoptive parent or parents without 
        medical assistance because such child has special needs for 
        medical, mental health, or rehabilitative care, and that with 
        respect to the provision of such health insurance coverage--
                    ``(A) such coverage may be provided through 1 or 
                more State medical assistance programs;
                    ``(B) the State, in providing such coverage, shall 
                ensure that the medical benefits, including mental 
                health benefits, provided are of the same type and kind 
                as those that would be provided for children by the 
                State under title XIX;
                    ``(C) in the event that the State provides such 
                coverage through a State medical assistance program 
                other than the program under title XIX, and the State 
                exceeds its funding for services under such other 
                program, any such child shall be deemed to be receiving 
                aid or assistance under the State plan under this part 
                for purposes of section 1902(a)(10)(A)(i)(I); and
                    ``(D) in determining cost-sharing requirements, the 
                State shall take into consideration the circumstances 
                of the adopting parent or parents and the needs of the 
                child being adopted.''.

SEC. 307. CONTINUATION OF ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENTS 
              ON BEHALF OF CHILDREN WITH SPECIAL NEEDS WHOSE INITIAL 
              ADOPTION HAS BEEN DISRUPTED.

    (a) Continuation of Eligibility.--Section 473(a)(2) of the Social 
Security Act (42 U.S.C. 673(a)(2)) is amended by adding at the end the 
following: ``Any child who has been determined to meet the requirements 
of subparagraph (C), and who has previously been determined eligible 
for adoption assistance payments under paragraph (1)(B)(ii), who has 
again become available for adoption because a court has set aside the 
child's previous adoption or the child's adoptive parents have died, 
and who fails to meet the requirements of subparagraphs (A) and (B) but 
would meet such requirements if the child were treated as if the child 
were in the same financial and other circumstances the child was in the 
last time the child was determined eligible for adoption assistance 
payments and the previous adoption were treated as having never 
occurred, shall be treated as meeting the requirements of this 
paragraph for purposes of paragraph (1)(B)(ii).''.
    (b) Applicability.--The amendment made by subsection (a) shall only 
apply to children who become available for adoption because a court has 
set aside the child's previous adoption, or the child's adoptive 
parents have died, and whose subsequent adoption occurs on or after 
October 1, 1997.

SEC. 308. STATE STANDARDS TO ENSURE QUALITY SERVICES FOR CHILDREN IN 
              FOSTER CARE.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 306, is amended--
            (1) in paragraph (22), by striking ``and'' at the end;
            (2) in paragraph (23), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(24) provides that, not later than January 1, 1999, the 
        State shall develop and implement standards to ensure that 
        children in foster care placements in public or private 
        agencies are provided quality services that protect the safety 
        and health of the children.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. PRESERVATION OF REASONABLE PARENTING.

    Nothing in this Act is intended to disrupt the family unnecessarily 
or to intrude inappropriately into family life, to prohibit the use of 
reasonable methods of parental discipline, or to prescribe a particular 
method of parenting.

SEC. 402. REPORTING REQUIREMENTS.

    Any information required to be reported under this Act shall be 
supplied to the Secretary of Health and Human Services through data 
meeting the requirements of the Adoption and Foster Care Analysis and 
Reporting System established pursuant to section 479 of the Social 
Security Act (42 U.S.C. 679), to the extent such data is available 
under that system. The Secretary shall make such modifications to 
regulations issued under section 479 of such Act with respect to the 
Adoption and Foster Care Analysis and Reporting System as may be 
necessary to allow States to obtain data that meets the requirements of 
such system in order to satisfy the reporting requirements of this Act.

SEC. 403. SENSE OF CONGRESS REGARDING STANDBY GUARDIANSHIP.

    It is the sense of Congress that the States should have in effect 
laws and procedures that permit any parent who is chronically ill or 
near death, without surrendering parental rights, to designate a 
standby guardian for the parent's minor children, whose authority would 
take effect upon--
            (1) the death of the parent;
            (2) the mental incapacity of the parent; or
            (3) the physical debilitation and consent of the parent.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 867

_______________________________________________________________________

                               AMENDMENT

HR 867 EAS----2
HR 867 EAS----3
HR 867 EAS----4
HR 867 EAS----5
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