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104TH CONGRESS
1ST SESSION
H. R. 1044
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
FEBRUARY 24, 1995
Mr. FAWELL (for himself, Mr. VISCLOSKY, and Ms. PRYCE) 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 1995’’.
SEC. 2. FINDINGS.
The Congress finds that—
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(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-
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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
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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
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the preadoptive parents of the baby, the preadoptive
parents shall have the right to petition the courts of
the State for an expedited hearing—
‘‘(I) to terminate the parental rights of all
other persons with respect to the baby; and
‘‘(II) to become the adoptive parents of the
baby.
‘‘(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) If the preadoptive parents of a baby aban-
doned at birth fail to file a petition described in sub-
paragraph (B)(i) during the 90-day period described
in subparagraph (B)(i), the State shall—
‘‘(i) immediately revoke their designation
as the preadoptive parents of the baby; and
‘‘(ii) within 30 days after the end of such
90-day period—
‘‘(I) find 1 or more individuals (other
than the former preadoptive parents of the
baby) to be the new preadoptive parents of
the baby;
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‘‘(II) designate such individual or in-
dividuals as the preadoptive parents of the
baby; and
‘‘(III) place the baby with such indi-
vidual or individuals.
‘‘(2) As used in this subsection:
‘‘(A) The term ‘baby abandoned at birth’ means
a child who—
‘‘(i) has been physically abandoned by the
parents or legal guardians of the child for a
time during the critical period; and
‘‘(ii) has not attained the age of 18
months.
‘‘(B) The term ‘critical period’ means, with re-
spect to a child, the period beginning with the date
the child is born and ending with—
‘‘(i) a date which may be specified by State
law, if such date occurs not earlier than 3
months, and not later than 6 months, after the
date the child is born; or
‘‘(ii) the date the child attains the age of
6 months, if State law fails to specify a date in
accordance with clause (i).
‘‘(3) The provisions and rules of State law that are
enacted or adopted pursuant to this subsection shall not
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be construed to affect any provision or rule of State law
with respect to the abandonment of children that is not
so enacted or adopted, except to the extent that such pro-
visions or rules of State law are in direct conflict.’’.
(2) 
CONFORMING
AMENDMENT.—Section
471(b) of such Act (42 U.S.C. 671(b)) is amended
by striking ‘‘the provisions of subsection (a) of this
section’’ and inserting ‘‘subsections (a) and (c)’’.
(b) BABIES ABANDONED AT BIRTH TREATED AS
CHILDREN WITH SPECIAL NEEDS FOR PURPOSES OF
ADOPTION ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Section 473 of such Act (42
U.S.C. 673) is amended by adding at the end the
following:
‘‘(d) Notwithstanding subsection (c), for purposes of
this section, a child who is or was a baby abandoned at
birth (as defined in section 471(c)(2)(A)) shall be consid-
ered a child with special needs.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall not apply to any child who at-
tains the age of 18 months before the date of the
enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act shall apply to pay-
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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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