H. Res. 327
In the House of Representatives, U.S.,
November 13, 1997.
Resolved, That, upon the adoption of this resolution, the
House shall be considered to have taken from the Speaker’s
table the bill H.R. 867 and an amendment of the Senate
thereto and to have concurred in the amendment of the Sen-
ate with an amendment as follows: in lieu of the matter pro-
posed to be inserted by the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Adoption and Safe Families Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REASONABLE EFFORTS AND SAFETY REQUIREMENTS
FOR FOSTER CARE AND ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system requirements.
Sec. 103. States required to initiate or join proceedings to terminate parental
rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare services.
Sec. 106. Criminal records checks for prospective foster and adoptive parents.
Sec. 107. Documentation of efforts for adoption or location of a permanent
home.
•HRES 327 EH
TITLE II—INCENTIVES FOR PROVIDING PERMANENT FAMILIES
FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. Performance of States in protecting children.
TITLE III—ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Authority to approve more child protection demonstration projects.
Sec. 302. Permanency hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living services.
Sec. 305. Reauthorization and expansion of family preservation and support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments on behalf
of children with special needs whose initial adoption has been
dissolved.
Sec. 308. State standards to ensure quality services for children in foster care.
TITLE IV—MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. Temporary adjustment of Contingency Fund for State Welfare Pro-
grams.
Sec. 405. Coordination of substance abuse and child protection services.
Sec. 406. Purchase of American-made equipment and products.
TITLE V—EFFECTIVE DATE
Sec. 501. Effective date.
TITLE 
I—REASONABLE 
EFFORTS
AND 
SAFETY 
REQUIREMENTS
FOR FOSTER CARE AND ADOP-
TION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS RE-
QUIREMENT.
(a) IN GENERAL.—Section 471(a)(15) of the Social Se-
curity Act (42 U.S.C. 671(a)(15)) is amended to read as fol-
lows:
‘‘(15) provides that—
•HRES 327 EH
‘‘(A) in determining reasonable efforts to be
made with respect to a child, as described in this
paragraph, and in making such reasonable efforts,
the child’s health and safety shall be the paramount
concern;
‘‘(B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve and re-
unify families—
‘‘(i) prior to the placement of a child in
foster care, to prevent or eliminate the need for
removing the child from the child’s home; and
‘‘(ii) to make it possible for a child to
safely return to the child’s home;
‘‘(C) if continuation of reasonable efforts of the
type described in subparagraph (B) is determined
to be inconsistent with the permanency plan for the
child, reasonable efforts shall be made to place the
child in a timely manner in accordance with the
permanency plan, and to complete whatever steps
are necessary to finalize the permanent placement
of the child;
‘‘(D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made
with respect to a parent of a child if a court of com-
petent jurisdiction has determined that—
•HRES 327 EH
‘‘(i) the parent has subjected the child to
aggravated circumstances (as defined in State
law, which definition may include but need not
be limited to abandonment, torture, chronic
abuse, and sexual abuse);
‘‘(ii) the parent has—
‘‘(I) committed murder (which would
have been an offense under section
1111(a) of title 18, United States Code, if
the offense had occurred in the special
maritime or territorial jurisdiction of the
United States) of another child of the par-
ent;
‘‘(II) 
committed 
voluntary 
man-
slaughter (which would have been an of-
fense under section 1112(a) of title 18,
United States Code, if the offense had oc-
curred in the special maritime or terri-
torial jurisdiction of the United States) of
another child of the parent;
‘‘(III) aided or abetted, attempted,
conspired, or solicited to commit such a
murder or such a voluntary manslaughter;
or
•HRES 327 EH
‘‘(IV) committed a felony assault that
results in serious bodily injury to the child
or another child of the parent; or
‘‘(iii) the parental rights of the parent to
a sibling have been terminated involuntarily;
‘‘(E) if reasonable efforts of the type described
in subparagraph (B) are not made with respect to
a child as a result of a determination made by a
court of competent jurisdiction in accordance with
subparagraph (D)—
‘‘(i) a permanency hearing (as described
in section 475(5)(C)) shall be held for the child
within 30 days after the determination; and
‘‘(ii) reasonable efforts shall be made to
place the child in a timely manner in accord-
ance with the permanency plan, and to com-
plete whatever steps are necessary to finalize
the permanent placement of the child; and
‘‘(F) reasonable efforts to place a child for
adoption or with a legal guardian may be made con-
currently with reasonable efforts of the type de-
scribed in subparagraph (B);’’.
(b) DEFINITION
OF LEGAL GUARDIANSHIP.—Section
475 of such Act (42 U.S.C. 675) is amended by adding at
the end the following:
•HRES 327 EH
‘‘(7) The term ‘legal guardianship’ means a judi-
cially created relationship between child and caretaker
which is intended to be permanent and self-sustaining as
evidenced by the transfer to the caretaker of the follow-
ing parental rights with respect to the child: protection,
education, care and control of the person, custody of the
person, and decisionmaking. The term ‘legal guardian’
means the caretaker in such a relationship.’’.
(c) CONFORMING AMENDMENT.—Section 472(a)(1) of
such Act (42 U.S.C. 672(a)(1)) is amended by inserting ‘‘for
a child’’ before ‘‘have been made’’.
(d) RULE OF CONSTRUCTION.—Part E of title IV of
such Act (42 U.S.C. 670–679) is amended by inserting after
section 477 the following:
‘‘SEC. 478. RULE OF CONSTRUCTION.
‘‘Nothing in this part shall be construed as precluding
State courts from exercising their discretion to protect the
health and safety of children in individual cases, including
cases other than those described in section 471(a)(15)(D).’’.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW
SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et
seq.) is amended—
(1) in section 422(b)(10)(B)—
•HRES 327 EH
(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 set-
ting 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 main-
tained in’’ after ‘‘returned to’’.
•HRES 327 EH
(3) by adding at the end the following:
‘‘(F) a child shall be considered to have en-
tered foster care on the earlier of—
‘‘(i) the date of the first judicial finding
that the child has been subjected to child abuse
or neglect; or
‘‘(ii) the date that is 60 days after the
date on which the child is removed from the
home.’’.
(c) TRANSITION RULES.—
(1) NEW
FOSTER
CHILDREN.—In the case of a
child who enters foster care (within the meaning of sec-
tion 475(5)(F) of the Social Security Act) under the re-
sponsibility of a State after the date of the enactment
of this Act—
(A) if the State comes into compliance with the
amendments made by subsection (a) of this section
before the child has been in such foster care for 15
of the most recent 22 months, the State shall com-
ply with section 475(5)(E) of the Social Security
Act with respect to the child when the child has
been in such foster care for 15 of the most recent
22 months; and
(B) if the State comes into such compliance
after the child has been in such foster care for 15
•HRES 327 EH
of the most recent 22 months, the State shall com-
ply with such section 475(5)(E) with respect to the
child not later than 3 months after the end of the
first regular session of the State legislature that be-
gins after such date of enactment.
(2) CURRENT FOSTER CHILDREN.—In the case of
children in foster care under the responsibility of the
State on the date of the enactment of this Act, the State
shall—
(A) not later than 6 months after the end of
the first regular session of the State legislature that
begins after such date of enactment, comply with
section 475(5)(E) of the Social Security Act with
respect to not less than 1⁄3 of such children as the
State shall select, giving priority to children for
whom the permanency plan (within the meaning of
part E of title IV of the Social Security Act) is
adoption and children who have been in foster care
for the greatest length of time;
(B) not later than 12 months after the end of
such first regular session, comply with such section
475(5)(E) with respect to not less than 2⁄3 of such
children as the State shall select; and
•HRES 327 EH
(C) not later than 18 months after the end of
such first regular session, comply with such section
475(5)(E) with respect to all of such children.
(3) TREATMENT
OF
2-YEAR
LEGISLATIVE
SES-
SIONS.—For purposes of this subsection, in the case of
a State that has a 2-year legislative session, each year
of the session is deemed to be a separate regular session
of the State legislature.
(4) REQUIREMENTS TREATED AS STATE PLAN RE-
QUIREMENTS.—For purposes of part E of title IV of the
Social Security Act, the requirements of this subsection
shall be treated as State plan requirements imposed by
section 471(a) of such Act.
(d) RULE OF CONSTRUCTION.—Nothing in this section
or 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 ex-
perienced multiple foster care placements of varying dura-
tions.
•HRES 327 EH
SEC. 104. 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 103, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph
(E);
(2) by striking the period at the end of subpara-
graph (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 or relative providing care for
the child are provided with notice of, and an oppor-
tunity to be heard in, any review or hearing to be
held with respect to the child, except that this sub-
paragraph shall not be construed to require that
any foster parent, preadoptive parent, or relative
providing care for the child be made a party to such
a review or hearing solely on the basis of such no-
tice and opportunity to be heard.’’.
SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE
FOR CHILD WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653)
is amended—
(1) in subsection (a)(2)—
•HRES 327 EH
(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 fol-
lowing:
‘‘(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 para-
graph (3) and inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(4) a State agency that is administering a pro-
gram 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. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOS-
TER AND ADOPTIVE PARENTS.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (18);
•HRES 327 EH
(2) by striking the period at the end of paragraph
(19) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(20)(A) unless an election provided for in subpara-
graph (B) is made with respect to the State, provides
procedures for criminal records checks for any prospec-
tive foster or adoptive parent before the foster or adop-
tive parent 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 re-
quiring that—
‘‘(i) in any case in which a record check reveals
a felony conviction for child abuse or neglect, for
spousal abuse, for a crime against children (includ-
ing child pornography), or for a crime involving vio-
lence, including rape, sexual assault, or homicide,
but not including other physical assault or battery,
if a State finds that a court of competent jurisdic-
tion has determined that the felony was committed
at any time, such final approval shall not be grant-
ed; and
‘‘(ii) in any case in which a record check re-
veals a felony conviction for physical assault, bat-
tery, or a drug-related offense, if a State finds that
•HRES 327 EH
a court of competent jurisdiction has determined
that the felony was committed within the past 5
years, such final approval shall not be granted; and
‘‘(B) subparagraph (A) shall not apply to a State
plan if the Governor of the State has notified the Sec-
retary in writing that the State has elected to make sub-
paragraph (A) inapplicable to the State, or if the State
legislature, by law, has elected to make subparagraph
(A) inapplicable to the State.’’.
SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LO-
CATION OF A PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C.
675(1)) is amended—
(1) in the last sentence—
(A) by striking ‘‘the case plan must also in-
clude’’; and
(B) by redesignating such sentence as subpara-
graph (D) and indenting appropriately; and
(2) by adding at the end the following:
‘‘(E) In the case of a child with respect to
whom the permanency plan is adoption or place-
ment 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,
•HRES 327 EH
a fit and willing relative, a legal guardian, or in an-
other 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.’’.
TITLE II—INCENTIVES FOR PRO-
VIDING PERMANENT FAMILIES
FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Part E of title IV of the Social Secu-
rity 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 appropria-
tions Acts for this purpose, the Secretary shall 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 under this section for the fiscal year,
which shall be payable in the immediately succeeding fiscal
year.
‘‘(b) INCENTIVE-ELIGIBLE STATE.—A State is an incen-
tive-eligible State for a fiscal year if—
•HRES 327 EH
‘‘(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) in the case of fiscal years 2001 and 2002, the
State provides health insurance coverage to any child
with special needs (as determined under section 473(c))
for whom there is in effect an adoption assistance agree-
ment 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)—
‘‘(A) for fiscal years 1995 through 1997 (or, if
the 1st fiscal year for which the State seeks a grant
under this section is after fiscal year 1998, the fis-
cal year that precedes such 1st fiscal year); and
‘‘(B) for each succeeding fiscal year that pre-
cedes the fiscal year.
•HRES 327 EH
‘‘(2) DETERMINATION
OF
NUMBERS
OF
ADOP-
TIONS.—
‘‘(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 1995 through
2002, for purposes of this section, on the basis of
data meeting the requirements of the system estab-
lished pursuant to section 479, as reported by the
State and approved by the Secretary by August 1
of the succeeding fiscal year.
‘‘(B) ALTERNATIVE
DATA
SOURCES
PER-
MITTED FOR FISCAL YEARS 1995 THROUGH 1997.—
For purposes of the determination described in sub-
paragraph (A) for fiscal years 1995 through 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 Sec-
retary by March 1, 1998.
‘‘(3) NO WAIVER OF AFCARS REQUIREMENTS.—This
section shall not be construed to alter or affect any re-
quirement of section 479 or of any regulation prescribed
•HRES 327 EH
under such section with respect to reporting of data by
States, or to waive any penalty for failure to comply with
such a requirement.
‘‘(d) ADOPTION INCENTIVE PAYMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the adoption incentive payment payable to a
State for a fiscal year under this section shall be equal
to the sum of—
‘‘(A) $4,000, multiplied by the 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) $2,000, 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 pay-
able under this section for a fiscal year exceeds the
amount appropriated pursuant to subsection (h) for the
fiscal year, the amount of the adoption incentive pay-
•HRES 327 EH
ment payable to each State under this section for the fis-
cal year shall be—
‘‘(A) the amount of the adoption incentive pay-
ment that would otherwise be payable to the State
under this section for the fiscal year; multiplied by
‘‘(B) the percentage represented by the amount
so appropriated for the fiscal year, divided by the
total amount of adoption incentive payments other-
wise 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 serv-
ice (including post-adoption services) that may be provided
under part B or E. Amounts expended by a State in accord-
ance with the preceding sentence shall be disregarded in de-
termining State expenditures for purposes of Federal match-
ing payments under sections 423, 434, and 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,
•HRES 327 EH
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
ADOP-
TIONS.—The term ‘base number of foster child adoptions
for a State’ means—
‘‘(A) with respect to fiscal year 1998, the aver-
age number of foster child adoptions in the State in
fiscal years 1995, 1996, and 1997; and
‘‘(B) with respect to any subsequent fiscal
year, the number of foster child adoptions in the
State in the fiscal year for which the number is the
greatest in the period that begins with fiscal year
1997 and ends with the fiscal year preceding such
subsequent fiscal year.
‘‘(4) BASE
NUMBER
OF
SPECIAL
NEEDS
ADOP-
TIONS.—The term ‘base number of special needs adop-
tions for a State’ means—
‘‘(A) with respect to fiscal year 1998, the aver-
age number of special needs adoptions in the State
in fiscal years 1995, 1996, and 1997; and
•HRES 327 EH
(A) study and consider how to improve proce-
dures and policies to facilitate the timely and per-
manent adoptions of children across State and
county jurisdictions; and
(B) examine, at a minimum, interjurisdictional
adoption issues—
(i) concerning the recruitment of prospec-
tive 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 or-
ders from other States; and
(iv) concerning the procedures related to
the administration and implementation of the
Interstate Compact on the Placement of Chil-
dren.
(2) REPORT TO THE CONGRESS.—Not later than 1
year after the date of the enactment of this Act, the
Comptroller General shall submit to the appropriate
committees of the Congress a report that includes—
•HRES 327 EH
plicable 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 (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 fit and
willing relative, or with a legal guardian) placed in an-
other 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 June 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 June 1, 1999, 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—