H. R. 867
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To promote the adoption of children in foster care.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
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 Programs.
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.
H. R. 867—2
TITLE I—REASONABLE EFFORTS AND
SAFETY REQUIREMENTS FOR FOSTER
CARE AND ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIRE-
MENT.
(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 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), reason-
able 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; 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 subpara-
graph (B) shall not be required to be made with respect
to a parent of a child if a court of competent jurisdiction
has determined that—
‘‘(i) the parent has subjected the child to aggra-
vated 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 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 a murder or such a
voluntary manslaughter; or
‘‘(IV) committed a felony assault that results
in serious bodily injury to the child or another
child of the parent; or
H. R. 867—3
‘‘(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 accordance with the perma-
nency plan, and to complete whatever steps are nec-
essary 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 concurrently with
reasonable efforts of the type described 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:
‘‘(7) The term ‘legal guardianship’ means a judicially cre-
ated relationship between child and caretaker which is intended
to be permanent and self-sustaining as evidenced by the trans-
fer to the caretaker of the following 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)—
(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
H. R. 867—4
(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. 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 15 of the
most recent 22 months, or, if a court of competent jurisdic-
tion has determined a child to be an abandoned infant
(as defined under State law) or has made a determination
that the parent has committed murder of another child
of the parent, committed voluntary manslaughter of
another child of the parent, aided or abetted, attempted,
conspired, or solicited to commit such a murder or such
a voluntary manslaughter, or committed a felony assault
that has resulted in serious bodily injury to the child or
to another child of the 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 in the case
plan (which shall be available for court review) 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, consistent with the time period in the State
case plan, such services as the State deems necessary
for the safe return of the child to the child’s home,
if reasonable efforts of the type described in section
471(a)(15)(B)(ii) are required to be made with respect
to the child.’’.
(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:
H. R. 867—5
‘‘(F) a child shall be considered to have entered 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 section 475(5)(F)
of the Social Security Act) under the responsibility of a State
after the date of the enactment of this Act—
(A) if the State comes into compliance with the amend-
ments 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 comply 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 of the most
recent 22 months, the State shall comply 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 legisla-
ture that begins 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
(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 SESSIONS.—For pur-
poses 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
REQUIRE-
MENTS.—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
H. R. 867—6
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.
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 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 or relative providing 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, or
relative providing 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. 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)—
(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 oper-
ated 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 FOSTER
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);
(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 subparagraph
(B) is made with respect to the State, provides procedures
H. R. 867—7
for criminal records checks for any prospective foster or adoptive
parent before the foster or adoptive 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 requiring 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 (including child pornog-
raphy), or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other phys-
ical assault or battery, if a State finds that a court of
competent jurisdiction has determined that the felony was
committed at any time, such final approval shall not be
granted; and
‘‘(ii) in any case in which a record check reveals a
felony conviction for physical assault, battery, or a drug-
related offense, if a State finds that 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 Secretary in
writing that the State has elected to make subparagraph (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 LOCATION
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 include’’; and
(B) by redesignating such sentence as subparagraph
(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 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 guard-
ian, 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.’’.
H. R. 867—8
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 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 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) 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 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)—
‘‘(A) for fiscal years 1995 through 1997 (or, if the first
fiscal year for which the State seeks a grant under this
section is after fiscal year 1998, the fiscal year that
precedes such first fiscal year); and
‘‘(B) for each succeeding fiscal year that precedes the
fiscal year.
‘‘(2) DETERMINATION OF NUMBERS OF ADOPTIONS.—
‘‘(A) DETERMINATIONS BASED ON AFCARS DATA.—Except
as provided in subparagraph (B), the Secretary shall deter-
mine 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 succeed-
ing fiscal year.
‘‘(B) ALTERNATIVE DATA SOURCES PERMITTED FOR FISCAL
YEARS 1995 THROUGH 1997.—For purposes of the determina-
tion described in subparagraph (A) for fiscal years 1995
through 1997, the Secretary may use data from a source
H. R. 867—9
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 of any regulation prescribed 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 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) $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 AVAIL-
ABLE.—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 pursuant to
subsection (h) for the 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 so
appropriated for the fiscal 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 sections 423,
434, and 474.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) FOSTER CHILD ADOPTION.—The term ‘foster child adop-
tion’ 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—
H. R. 867—10
‘‘(A) with respect to fiscal year 1998, the average
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 ADOPTIONS.—The term
‘ base number of special needs adoptions for a State’ means—
‘‘(A) with respect to fiscal year 1998, the average num-
ber of special needs adoptions in the State in fiscal years
1995, 1996, and 1997; and
‘‘(B) with respect to any subsequent fiscal year,
the number of special needs 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.
‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—For grants under subsection (a), there
are authorized to be appropriated to the Secretary $20,000,000
for each of fiscal years 1999 through 2003.
‘‘(2) AVAILABILITY.—Amounts appropriated under para-
graph (1) are authorized to remain available until expended,
but not after fiscal year 2003.
‘‘(i) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may, directly or through
grants or contracts, provide technical assistance to assist States
and local communities to reach their targets for increased num-
bers of adoptions and, to the extent that adoption is not pos-
sible, alternative permanent placements, for children in foster
care.
‘‘(2) DESCRIPTION OF THE CHARACTER OF THE TECHNICAL
ASSISTANCE.—The technical assistance provided under para-
graph (1) may support the goal of encouraging more adoptions
out of the foster care system, when adoptions promote the
best interests of children, and may include the following:
‘‘(A) The development of best practice guidelines for
expediting termination of parental rights.
‘‘(B) Models to encourage the use of concurrent
planning.
‘‘(C) The development of specialized units and expertise
in moving children toward adoption as a permanency goal.
‘‘(D) The development of risk assessment tools to facili-
tate early identification of the children who will be at
risk of harm if returned home.
‘‘(E) Models to encourage the fast tracking of children
who have not attained 1 year of age into pre-adoptive
placements.
‘‘(F) Development of programs that place children into
pre-adoptive families without waiting for termination of
parental rights.
‘‘(3) 
TARGETING
OF
TECHNICAL
ASSISTANCE
TO
THE
COURTS.—Not less than 50 percent of any amount appropriated
pursuant to paragraph (4) shall be used to provide technical
assistance to the courts.
H. R. 867—11
‘‘(4) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
To carry out this subsection, there are authorized to be appro-
priated to the Secretary of Health and Human Services not
to exceed $10,000,000 for each of fiscal years 1998 through
2000.’’.
(b) DISCRETIONARY CAP ADJUSTMENT FOR ADOPTION INCENTIVE
PAYMENTS.—
(1) SECTION 251 AMENDMENT.—Section 251(b)(2) of the Bal-
anced 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 pursuant to
this part 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 $20,000,000; 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 pay-
ments (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 $20,000,000.’’.
SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.
(a) STATE PLAN FOR CHILD WELFARE SERVICES REQUIREMENT.—
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is
amended—
(1) in paragraph (10), by striking ‘‘and’’ at the end;
(2) in paragraph (11), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(12) contain assurances that the State shall develop plans
for the effective use of cross-jurisdictional resources to facilitate
timely adoptive or permanent placements for waiting children.’’.
(b) CONDITION OF ASSISTANCE.—Section 474 of such Act (42
U.S.C. 674) is amended by adding at the end the following:
‘‘(e) Notwithstanding subsection (a), a State shall not be eligible
for any payment under this section if the Secretary finds that,
after the date of the enactment of this subsection, the State has—
‘‘(1) denied or delayed the placement of a child for adoption
when an approved family is available outside of the jurisdiction
with responsibility for handling the case of the child; or
H. R. 867—12
‘‘(2) failed to grant an opportunity for a fair hearing, as
described in section 471(a)(12), to an individual whose allega-
tion of a violation of paragraph (1) of this subsection is denied
by the State or not acted upon by the State with reasonable
promptness.’’.
(c) STUDY OF INTERJURISDICTIONAL ADOPTION ISSUES.—
(1) IN GENERAL.—The Comptroller General of the United
States 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; and
(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.
(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—
(A) the results of the study conducted under paragraph
(1); and
(B) 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.
SEC. 203. PERFORMANCE OF STATES IN PROTECTING CHILDREN.
(a) ANNUAL REPORT ON STATE PERFORMANCE.—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.
‘‘The Secretary, in consultation with Governors, State legisla-
tures, State and local public officials responsible for administering
child welfare programs, and child welfare advocates, shall—
‘‘(1) develop a set of outcome measures (including length
of stay in foster care, number of foster care placements, and
number of adoptions) that can be used to assess the perform-
ance of States in operating child protection and child welfare
programs pursuant to parts B and E to ensure the safety
of children;
‘‘(2) to the maximum extent possible, the outcome measures
should be developed from data available from the Adoption
and Foster Care Analysis and Reporting System;
‘‘(3) develop a system for rating the performance of States
with respect to the outcome measures, and provide to the
States an explanation of the rating system and how scores
are determined under the rating system;
H. R. 867—13
‘‘(4) prescribe such regulations as may be necessary to
ensure that States provide to the Secretary the data necessary
to determine State performance with respect to each outcome
measure, as a condition of the State receiving funds under
this part; and
‘‘(5) on May 1, 1999, and annually thereafter, prepare and
submit to the Congress a report on the performance of each
State on each outcome measure, which shall examine the rea-
sons for high performance and low performance and, where
possible, make recommendations as to how State performance
could be improved.’’.
(b) DEVELOPMENT
OF PERFORMANCE-BASED INCENTIVE SYS-
TEM.—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 study,
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
the State’s performance under such a system. Such a system shall,
to the extent the Secretary determines feasible and appropriate,
be based on the annual report required by section 479A of the
Social Security Act (as added by subsection (a) of this section)
or on any proposed modifications of the annual report. Not later
than 6 months after the date of the enactment of this Act, the
Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a progress report on the feasibility, timetable, and
consultation process for conducting such a study. Not later than
15 months after such date of enactment, the Secretary shall submit
to the Committee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate the final report
on a performance-based incentive system. The report may include
other recommendations for restructuring the program and payments
under parts B and E of title IV of the Social Security Act.
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.
‘‘(2) LIMITATION.—The Secretary may authorize not more
than 10 demonstration projects under paragraph (1) in each
of fiscal years 1998 through 2002.
‘‘(3) CERTAIN
TYPES
OF
PROPOSALS
REQUIRED
TO
BE
CONSIDERED.—
‘‘(A) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address barriers
H. R. 867—14
that result in delays to adoptive placements for children
in foster care.
‘‘(B) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to identify and address 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 treat-
ment facilities for post-partum depression) that are specifi-
cally 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.
‘‘(C) If an appropriate application therefor is submitted,
the Secretary shall consider authorizing a demonstration
project which is designed to address kinship care.
‘‘(4) LIMITATION ON ELIGIBILITY.—The Secretary may not
authorize a State to conduct a demonstration project under
this section if the State fails to provide health insurance cov-
erage to any child with special needs (as determined under
section 473(c)) for whom there is in effect an adoption assistance
agreement between a State and an adoptive parent or parents.
‘‘(5) REQUIREMENT TO CONSIDER EFFECT OF PROJECT ON
TERMS AND CONDITIONS OF CERTAIN COURT ORDERS.—In consid-
ering an application to conduct a demonstration project under
this section that has been submitted by a State in which
there is in effect 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 with the Constitution of the
United States, the Secretary shall take into consideration the
effect of approving the proposed project on the terms and condi-
tions of the court order related to the failure to comply.’’.
(b) RULE OF CONSTRUCTION.—Nothing in the amendment made
by subsection (a) shall be construed as affecting the terms and
conditions of any demonstration project approved under section
1130 of the Social Security Act (42 U.S.C. 1320a–9) before the
date of the enactment of this Act.
(c) AUTHORITY TO EXTEND DURATION OF DEMONSTRATIONS.—
Section 1130(d) of such Act (42 U.S.C. 1320a–9(d)) is amended
by inserting ‘‘, unless in the judgment of the Secretary, the dem-
onstration project should be allowed to continue’’ before the period.
SEC. 302. PERMANENCY 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’’;
(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 deter-
mined 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 (in cases where