I
103D CONGRESS
1ST SESSION
H. R. 2938
To amend part E of title IV of the Social Security Act to prevent abandoned
babies from experiencing prolonged foster care where a permanent adop-
tive home is available.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. FAWELL (for himself, Mr. LIPINSKI, Mr. PORTER, Mr. HYDE, Mr.
HASTERT, Mr. KLINK, Mr. BALLENGER, Mr. KILDEE, Mr. WOLF, Mr.
UPTON, Mr. GREENWOOD, Mr. RAVENEL, Mr. SANTORUM, Mr. SOLO-
MON, Ms. PRYCE of Ohio, and Mrs. ROUKEMA) introduced 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 abandoned babies from experiencing prolonged
foster care where a permanent adoptive home is avail-
able.
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 ‘‘At-Birth Abandoned
Baby Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) each year thousands of babies throughout
the United States are abandoned by their parents
shortly after birth, such as when a mother gives
birth at a hospital under an assumed name and ad-
dress and then disappears afterwards, leaving the
baby behind, when the whereabouts of the parents
are unknown, and when babies are left to die in gar-
bage dumpsters because their mothers cannot care
for them;
(2) babies who are abandoned during the form-
ative months occurring shortly after birth are denied
the ability to bond with a loving parent or parents;
(3) the process of attachment or bonding be-
tween a baby and the same adults is essential to the
development of a healthy personality in the baby;
(4) the Inspector General of the Department of
Health and Human Services, in the February 1990
report entitled ‘‘Crack Babies’’, states that legisla-
tion ‘‘should reduce barriers to placing drug exposed
infants into foster care and adoptive homes and es-
tablish ‘fast track’ procedures to expedite child wel-
fare cases involving drug abuse’’; and
(5) according to experts, current legal rules and
agency policies make it exceedingly difficult and time
consuming to terminate parental rights of those par-
ents who truly abandon their babies, and as a result
very few of those abandoned babies are available for
adoption;
(6) the welfare of babies abandoned during the
formative months occurring shortly after birth is of
such special interest and concern to our society that
if there are persons desiring to adopt and parentally
bond with such a baby, the baby should be afforded
the right to expeditious placement with, and adop-
tion by, such persons; and
(7) other steps should be taken to expedite the
adoption of babies who are abandoned during the
formative months occurring shortly after birth.
SEC. 3. PURPOSE.
The purpose of this Act is to require States to imple-
ment a system that will expedite the initiation of the adop-
tion process for babies abandoned at birth. In doing so,
States shall appoint competent persons to be preadoptive
parents for babies abandoned at birth in order to provide
a proper and loving home during the infants’ formative
months. The preadoptive parents will also be responsible
for initiating legal proceedings that could lead to the legal
adoption of the infant. Once the proceedings have been
initiated, the State courts of proper jurisdiction will con-
tinue to be responsible for the final decision, taking into
account the legal rights of all the parties involved, includ-
ing the baby abandoned at birth, the natural parents, the
preadoptive parents, and the State.
SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES
ABANDONED AT BIRTH.
(a) CERTAIN STATE LAWS REQUIRED AS CONDITION
OF APPROVING STATE PLAN FOR FOSTER CARE AND
ADOPTION ASSISTANCE.—
(1) IN GENERAL.—Section 471 of the Social
Security Act (42 U.S.C. 671) is amended by adding
at the end the following:
‘‘(c)(1) 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:
‘‘(A) Within 30 days after the State obtains
custody of a baby abandoned at birth, the State
shall—
‘‘(i) find 1 or more individuals to be the
preadoptive parents of the baby;
‘‘(ii) designate such individual or individ-
uals as the preadoptive parents of the baby; and
‘‘(iii) place the baby with such individual
or individuals.
‘‘(B)(i) During the 90-day period beginning on
the date a baby abandoned at birth is placed with