I
104TH CONGRESS
1ST SESSION
H. R. 446
To prohibit States from requiring parents or legal guardians to transfer
legal custody of their children for the sole purpose of obtaining public
services for such children.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1995
Mr. STARK (for himself, Mrs. MORELLA, Mr. MATSUI, and Mr. COYNE) intro-
duced the following bill; which was referred to the Committee on Ways
and Means and, in addition, to the Committee on Commerce, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To prohibit States from requiring parents or legal guardians
to transfer legal custody of their children for the sole
purpose of obtaining public services for such children.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CHILD WELFARE SERVICES.
Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) provide that—
‘‘(A) the State shall not require any parent
or legal guardian to transfer custody of a child
in order to have the child placed outside the
home of the parent or legal guardian, if the sole
reason for the placement is the need to obtain
services provided under the plan for the child’s
emotional, behavioral, or mental disorder or de-
velopmental or physical disability;
‘‘(B) any such placement of a child shall
be made pursuant to a voluntary placement
agreement (as defined in section 472(f)(2));
‘‘(C) the State shall have responsibility for
the placement of any child subject to a vol-
untary placement agreement (as so defined),
and for the care of any child so placed; and
‘‘(D) the State shall apply procedural safe-
guards to assure each child so placed of
dispositional hearings of the type, and at the
times, specified in section 475(5)(C).’’.
SEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES.
(a) IN GENERAL.—Section 432(a) of the Social Secu-
rity Act (42 U.S.C. 632(a)) is amended by redesignating
paragraphs (6), (7), and (8) as paragraphs (7), (8), and
(9), respectively, and by inserting after paragraph (5) the
following:
‘‘(6) provides that—
‘‘(A) the State shall not require any parent
or legal guardian to transfer custody of a child
in order to have the child placed outside the
home of the parent or legal guardian, if the sole
reason for the placement is the need to obtain
services provided through the State program
under this subpart for the child’s emotional, be-
havioral, or mental disorder or developmental or
physical disability;
‘‘(B) any such placement of a child shall
be made pursuant to a voluntary placement
agreement (as defined in section 472(f)(2));
and
‘‘(C) the State shall have responsibility for
the placement of any child subject to a vol-
untary placement agreement (as so defined),
and for the care of any child so placed; and
‘‘(D) the State shall apply procedural safe-
guards to assure each child so placed of
dispositional hearings of the type, and at the
times, specified in section 475(5)(C);’’.
(b) 
CONFORMING
AMENDMENT.—Section
432(b)(2)(A) of such Act (42 U.S.C. 632(b)(2)(A)) is
amended by inserting ‘‘(other than of subsection (a)(6))’’
after ‘‘this section’’.
SEC. 3. FOSTER CARE MAINTENANCE PAYMENTS.
(a) IN GENERAL.—Section 471(a) of the Social Secu-
rity Act (42 U.S.C. 671(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(16);
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(18) provides that—
‘‘(A) the State shall not require any parent
or legal guardian to transfer custody of a child
in order to have the child placed outside the
home of the parent or legal guardian, if the sole
reason for the placement is the need to obtain
foster care maintenance payments for the child;
‘‘(B) any such placement of a child shall
be made pursuant to a voluntary placement
agreement; and
‘‘(C) the State shall have responsibility for
the placement of any child subject to a vol-
untary placement agreement, and for the care
of any child so placed.’’.
(b) MODIFICATION
OF
VOLUNTARY
PLACEMENT
AGREEMENTS.—Section 472(f)(2) of such Act (42 U.S.C.
672(f)(2)) is amended—
(1) by inserting ‘‘legal’’ before ‘‘guardians’’
each place such term appears; and
(2) by inserting ‘‘, and which does not transfer
legal custody of the child to the State’’ before the
period.
(c) RULE OF CONSTRUCTION.—Section 474 of such
Act (42 U.S.C. 674) is amended by adding at the end the
following:
‘‘(d) The provisions of this part, individually or in
combination, shall not be construed to require a State to
have legal custody of a child in order to receive payments
under this part for services provided for the child outside
the child’s home.’’.
SEC. 4. MATERNAL AND CHILD HEALTH SERVICES.
Section 505(a) of the Social Security Act (42 U.S.C.
705(a)) is amended—
(1) in paragraph (4), by striking ‘‘and’’ after
the semicolon at the end;
SEC. 5. MEDICAID.
Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(61);
(2) by striking the period at the end of para-
graph (62) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (62) the fol-
lowing new paragraph:
‘‘(63) provide that the State agency shall pro-
vide assurances satisfactory to the Secretary that—
‘‘(A) the State does not require any parent
or legal guardian to transfer custody of a child
in order to have the child placed outside the
home of the parent or legal guardian, if the sole
reason for the placement is the need to obtain
medical assistance for the child under the State
plan for the child’s emotional, behavioral, or
mental disorder or developmental or physical
disability;
‘‘(B) any such placement of a child shall
be made pursuant to a voluntary placement
agreement (as defined in section 472(f)(2));
‘‘(C) the State shall have responsibility for
the placement of any child subject to a vol-
untary placement agreement (as so defined),
and for the care of any child so placed; and
‘‘(D) the State shall apply procedural safe-
guards to assure each child so placed of
dispositional hearings of the type, and at the
times, specified in section 475(5)(C).’’.
SEC. 6. SOCIAL SERVICES.
Title XX of the Social Security Act (42 U.S.C. 1397–
1397f) is amended by adding at the end the following:
‘‘SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS
TO SURRENDER CUSTODY OF THEIR CHIL-
DREN IN ORDER TO OBTAIN SERVICES FOR
SUCH CHILDREN.
‘‘The Secretary shall not make any payment to a
State under this title if the State does not have in effect
laws and procedures which—
‘‘(1) prevent the State from requiring any par-
ent or legal guardian to transfer custody of a child
in order to have the child placed outside the home
of the parent or legal guardian, if the sole reason for
the placement is the need to obtain any service for
the child for the child’s emotional, behavioral, or
mental disorder or developmental or physical disabil-
ity, which is furnished in whole or in part through
the use of funds provided under this title;
‘‘(2) any such placement of a child shall be
made pursuant to a voluntary placement agreement
(as defined in section 472(f)(2));
‘‘(3) the State shall have responsibility for the
placement of any child subject to a voluntary place-
ment agreement (as so defined), and for the care of
any child so placed; and
‘‘(4) the State shall apply procedural safe-
guards to assure each child so placed of dispositional
hearings of the type, and at the times, specified in
section 475(5)(C).’’.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on October 1, 1995.
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