National Adoption and Foster Care Home Study Act
Bill: S.2167 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Families

Summary:
National Adoption and Foster Care Home Study ActThis bill requires The Department of Health and Human Services to establish a methodology for researched-based home study and to award grants for demonstration projects for states to adopt such methodology in the evaluation of prospective foster and adoptive parents. Such methodology must incorporate specified data-collection tools including, among others, (1) uniform, closed-ended questions; (2) a rating system to report findings; (3) a guidance document for practitioners; and (4) ongoing training for home-study personnel.

To establish a national, research-based, and comprehensive home study 
assessment process for the evaluation of prospective foster parents and 
  adoptive parents and provide funding to States and Indian tribes to 
                          adopt such process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Adoption and Foster Care 
Home Study Act''.

SEC. 2. DEMONSTRATION PROGRAM FOR THE IMPLEMENTATION OF A NATIONAL HOME 
              STUDY PROCESS.

    Title II of the Child Abuse Prevention and Treatment Act and 
Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended--
            (1) in section 203(b) (42 U.S.C. 5113(b))--
                    (A) in paragraph (3)(A), by striking ``(including'' 
                and inserting ``(including the national database 
                established under section 203A(c) but containing'';
                    (B) in paragraph (10)(B), by striking ``; and'' and 
                inserting ``;'';
                    (C) in paragraph (11)(C), by striking the period 
                and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(12) establish a demonstration program, not later than 1 
        year after the date of enactment of the National Adoption and 
        Foster Care Home Study Act, through which each participating 
        State or Indian tribe--
                    ``(A) adopts the uniform, research-based home study 
                methodology for the evaluation of prospective foster 
                parents and adoptive parents developed by the Secretary 
                under section 203A(a); and
                    ``(B) provides data gathered through operation of 
                the program to the Secretary, as the Secretary may 
                require for purposes of the national database under 
                section 203A(c).''; and
            (2) by inserting after section 203 (42 U.S.C. 5113) the 
        following:

``SEC. 203A. NATIONAL HOME STUDY DEMONSTRATION PROGRAMS; NATIONAL 
              DATABASE.

    ``(a) Program Methodology.--Each demonstration program established 
by a State or Indian tribe in accordance with section 203(b)(12) shall 
use a uniform, research-based home study methodology for the evaluation 
of prospective foster parents and adoptive parents (developed by the 
Secretary after consultation with stakeholders and professionals in the 
field of child welfare) that shall--
            ``(1) incorporate--
                    ``(A) information gathering tools, including--
                            ``(i) an initial written questionnaire that 
                        is a uniform set of closed-ended questions with 
                        a variety of possible answers that provides 
                        significant family information;
                            ``(ii) a secondary in-person questionnaire 
                        that is administered in a private setting in 
                        the home, and, if applicable, with both 
                        applicants present together; and
                            ``(iii) guidelines that describe 
                        standardized questions that an individual 
                        serving as a reference for the applicant uses 
                        in writing a reference letter, to be sent 
                        directly to such individual and not shared with 
                        the applicant, and which is consistent with the 
                        questionnaires described in clauses (i) and 
                        (ii);
                    ``(B) a written guidance document to assist home 
                study practitioners in performing a psychosocial 
                evaluation of the applicant that--
                            ``(i) provides instructions on how to 
                        systematically analyze information learned from 
                        the information gathering tools described in 
                        subparagraph (A) in order to identify specific 
                        strengths and concerns of the applicant;
                            ``(ii) provides sufficient information for 
                        the home study practitioner to determine the 
                        significance of behaviors and events in the 
                        applicant's life in relation to being a 
                        successful foster care or adoption provider; 
                        and
                            ``(iii) includes a rating system that will 
                        be incorporated into the home study report 
                        described in subparagraph (C); and
                    ``(C) a model home study report that may, at the 
                discretion of the Secretary, be customized by a State 
                or Indian tribe as necessary to comply with State or 
                tribal and local regulations and requirements;
            ``(2) ensure ongoing training of home study certified 
        personnel; and
            ``(3) designate a home study auditor to ensure quality 
        control and accuracy of information provided to placing 
        agencies.
    ``(b) Grants.--The Secretary shall make grants to States and Indian 
tribes to enable and encourage the States and Indian tribes to 
establish demonstration programs in accordance with section 203(b)(12).
    ``(c) National Database.--The Secretary shall establish a secure 
national database of home study reports filed by home study 
practitioners using the home study methodology described in subsection 
(a). Such database shall be accessible only to State and tribal foster 
care and adoption agencies, or a designated entity, as determined by 
the lead agency in the State, to assist with the selection of 
prospective foster parents and adoptive parents.
    ``(d) Condition on Participation in Demonstration Project.--As a 
condition for participating in the demonstration program under section 
203(b)(12), a State or Indian tribe shall agree to recognize as valid 
all home study reports listed in the database described in subsection 
(c), including such reports filed by other States or Indian tribes.
    ``(e) Evaluation.--The Secretary shall enter into a contract with 
an independent entity to--
            ``(1) carry out a periodic evaluation of the home study 
        methodology established under subsection (a) and the 
        demonstration programs established in accordance with section 
        203(b)(12); and
            ``(2) submit to the Secretary a report that includes--
                    ``(A) a description of the extent to which such 
                methodology--
                            ``(i) meets the requirements of each of 
                        paragraphs (1) through (3) of subsection (a);
                            ``(ii) expedites the screening of 
                        caregivers to promote more family-based care 
                        over institutional care for children;
                            ``(iii) provides cost savings to State or 
                        Indian tribe foster care and adoption systems;
                            ``(iv) reduces the number of children 
                        waiting for foster care or adoptive placement; 
                        and
                            ``(v) reduces the number of prospective 
                        families waiting for foster care or adoptive 
                        placement; and
                    ``(B) recommendations for expanding the 
                demonstration program and home study methodology to all 
                States and Indian tribes.''; and
            (3) in section 205(b) (42 U.S.C. 5115(b)), by adding at the 
        end the following: ``The Secretary may allocate such sums as 
        the Secretary determines to be appropriate from the funds 
        appropriated under subsection (a) for activities under sections 
        203(b)(12) and 203A.''.
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