conduct described in section 106(b)(2)(A)(xii)
of the Child Abuse Prevention and Treatment
Act, or in which the parental rights of a parent
with respect to a sibling of the child have been
terminated—
‘‘(I) reasonable efforts of the type de-
scribed in clause (i) of this subparagraph
shall not be required to be made; and
‘‘(II) if reasonable efforts of the type
described in clause (i) of this subparagraph
are not made or if the continuation of such
efforts is determined to be inappropriate,
reasonable efforts shall be made to place
the child for adoption, with a legal guard-
ian, or (if adoption or legal guardianship is
determined not to be appropriate for the
child) in some other planned, permanent
living arrangement;
‘‘(iii) in a case in which the continuation of
reasonable efforts of the type described in
clause (i) of this subparagraph is determined to
be inappropriate, reasonable efforts of the type
described in clause (ii)(II) shall be made; and
‘‘(iv) reasonable efforts of the type de-
scribed in clause (ii)(II) may be made concur-
rently with reasonable efforts of the type de-
scribed in clause (i); and
‘‘(B) in determining the reasonable efforts
to be made in any case and in making such rea-
sonable efforts, the child’s health and safety
shall be of paramount concern;’’.
(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’’.
SEC. 3. EARLIER STATUS REVIEWS AND PERMANENCY
HEARINGS.
Section 475(5)(C) of the Social Security Act (42
U.S.C. 675(5)(C)) is amended—
(1) by striking ‘‘eighteen months after’’ and in-
serting ‘‘12 months after’’; and
(2) by striking ‘‘dispositional’’ and inserting
‘‘permanency’’.
SEC. 4. NOTICE OF REVIEWS AND HEARINGS; OPPOR-
TUNITY OF PARTIES TO BE HEARD.
Section 475(5) of the Social Security Act (42 U.S.C.
675(5)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) the foster parents (if any) of a child
and any 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.’’.
SEC. 5. STATES REQUIRED TO INITIATE PROCEEDINGS TO
TERMINATE PARENTAL RIGHTS FOR CER-
TAIN CHILDREN IN FOSTER CARE.
Section 475(5) of the Social Security Act (42 U.S.C.
675(5)), as amended by section 4 of this Act, is amend-
ed—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) in the case of a child who has not at-
tained 10 years of age and has been in foster
care under the responsibility of the State for 18
months (after the date of the enactment of this
subparagraph) of the most recent 24 months,
the State shall initiate a proceeding to termi-
nate the parental rights of the child’s parents,
unless—
‘‘(i) at the option of the State, the
child is being cared for by a relative; or
‘‘(ii) a State court has determined
that doing so would not be in the best in-
terests of the child.’’.
SEC. 6. REPORT AND RECOMMENDATIONS ON KINSHIP
CARE.
(a) REPORT.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall—
(A) not later than August 1, 1997, 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 ‘‘kin-
ship care’’); and
(B) not later than April 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