I
105TH CONGRESS
1ST SESSION
H. R. 1459
To amend part E of title IV of the Social Security Act to prevent children
from languishing in foster care.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 1997
Mr. TIAHRT (for himself and Mr. BURTON of Indiana) (both by request), in-
troduced the following bill; which was referred to the Committee on Ways
and Means
A BILL
To amend part E of title IV of the Social Security Act
to prevent children from languishing in foster care.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Protection and
Adoption Advancement Act’’.
SEC. 2. LIMITATION ON REASONABLE EFFORTS REQUIRE-
MENT.
Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended by striking ‘‘effective Oc-
tober 1, 1983, provides that, in each case,’’ and inserting
‘‘provides that, except in the case of a child to which sub-
section (c)(2) applies,’’.
SEC. 3. PRE-ADOPTIVE PROCEDURES.
(a) IN GENERAL.—Section 471 of the Social Security
Act (42 U.S.C. 671) is amended by adding at the end the
following:
‘‘(c) The Secretary shall not approve a State plan
under this part unless there is in effect in the State laws
and rules of law which provide all of the following:
‘‘(1)(A) Within 30 days after a child who has
not attained 13 years of age (or such greater age as
the State may determine) is placed in foster care
under the responsibility of the State, a dispositional
hearing of the type described in section 475(5)(C)
shall be held to determine whether—
‘‘(i) the child should be returned home;
‘‘(ii) the child is described by subpara-
graph (C); or
‘‘(iii) the child should remain in custody of
the State.
‘‘(B) If, as a result of the hearing, it is deter-
mined that the case of the child is described by sub-
paragraph (C), paragraph (2) shall apply to the
child.
the termination of parental rights with respect
to the child); and
‘‘(II) if the State has not found 1 or more
such individuals within the first 90 days of the
180-day period described in subclause (I), im-
mediately contract with a private adoption
agency to find 1 or more such individuals for
the child within the remaining 90 days of the
180-day period.
‘‘(ii) Upon finding 1 or more such individuals
for a child to whom this paragraph applies, the
State shall—
‘‘(I) designate the individual or individuals
as the preadoptive parent or parents of the
child; and
‘‘(II) place the child with the individual or
individuals.
‘‘(B)(i) After the 4-month period that begins
with the date a child to whom this paragraph applies
is placed with preadoptive parents (or at such earlier
time as may be prescribed by State law), the
preadoptive parents shall have the right to petition
the courts of the State for an expedited hearing for
the purpose of—
‘‘(I) terminating the parental rights of all
other persons with respect to the child; and
‘‘(II) adopting the child.
‘‘(ii) In determining whether to grant a petition
described in clause (i), the courts of the State shall
not draw any inference adverse to the interests of a
petitioner by reason of the present or former status
of any petitioner as a foster parent.
‘‘(C)(i)(I) If the preadoptive parents of a child
to whom this paragraph applies fail to exercise the
right described in subparagraph (B)(i) with respect
to the child during the 1-year period that begins
with the date the preadoptive parents first have the
right (including any extension required by subclause
(II)), then the State shall—
‘‘(aa) immediately revoke their designation
as the preadoptive parents of the child; and
‘‘(bb) hold a dispositional hearing of the
type described in section 475(5)(C) to deter-
mine whether the child should be placed with
new preadoptive parents or remain in the cus-
tody of the State.
‘‘(II) The period described in subclause (I) (in-
cluding any extension of the period) shall be ex-
tended by 1 year if the State determines that—
‘‘(aa) the preadoptive parents have good
cause for having failed to exercise the right de-
scribed in subparagraph (B)(i) during the pe-
riod (including any extension of the period); or
‘‘(bb) that it would not be in the best in-
terests of the child to remove the child from the
preadoptive parents.
‘‘(ii) If, as a result of the hearing referred to
in clause (i)(I)(bb), it is determined that the child
should be placed with new pre-adoptive parents, the
State shall—
‘‘(I) seek 1 or more individuals (other than
the former preadoptive parents of the child)
who are qualified and willing to be the adoptive
parents of the child, or contract with a private
adoption agency to find 1 or more such individ-
uals for the child within 180 days after the
hearing; and
‘‘(II) if the State has not found 1 or more
such individuals within the first 90 days of the
180-day period described in subclause (I), im-
mediately contract with a private adoption
agency to find 1 or more such individuals for
the child within the remaining 90 days of the
180-day period.
‘‘(iii) Upon finding 1 or more such other indi-
viduals for the child, the State shall—
‘‘(I) designate such other individual or in-
dividuals as the preadoptive parent or parents
of the child; and
‘‘(II) place the child with such other indi-
vidual or individuals.
‘‘(3)(A) If a child has been in foster care under
the responsibility of the State during 12 of the most
recent 18 months, or it is no longer reasonable for
the State to continue making efforts of the type de-
scribed in subsection (a)(15) with respect to a child
in foster care under the responsibility of the State
who has not attained 13 years of age (or such great-
er age as the State may establish), the State shall
seek to terminate all parental rights with respect to
the child, unless—
‘‘(i) at the option of the State—
‘‘(I) the child is being cared for by a
relative who is qualified and willing to
adopt, or become the legal guardian of, the
child; and
‘‘(II) it is in the best interests of the
child to reside with the relative; or
‘‘(ii) a State court or State agency has
documented a compelling reason for determin-
ing that filing such a petition would not be in
the best interests of the child.
‘‘(B) Upon terminating all parental rights with
respect to the child, paragraph (2) shall apply to the
child.’’.
(b) REPORT TO THE CONGRESS.—At the end of the
27-month period that begins with the effective date of the
amendment made by subsection (a), the Secretary of
Health and Human Services shall prepare and submit to
the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate
a report which assesses the implementation and effects of
the amendment.
SEC. 4. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act shall apply to pay-
ments under title IV of the Social Security Act for cal-
endar quarters beginning after the calendar quarter in
which this Act is enacted.
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan approved under title
IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements im-
posed by the amendments made by this Act, the State plan
shall not be regarded as failing to comply with the require-
ments of such part solely on the basis of the failure of
the plan to meet such additional requirements before the
1st day of the 1st calendar quarter beginning after the
close of the 1st regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such ses-
sion shall be deemed to be a separate regular session of
the State legislature.
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