Adoption Equality Act of 2003

Bill: 108-s-862
Sponsor: Sen. Rockefeller, John D., IV [D-WV]
Introduced: 2003-04-10 in the Senate
Policy area: Taxation
Subjects: Cost of living adjustments
Economics and Public Finance
Employee health benefits
Flexible benefit plans
Health
Income tax
Indexing (Economic policy)
Labor and Employment
Medical savings accounts
Preferred provider organizations (Medical care)
Preventive medicine
Tax deductions
Tax exclusion

Summary:
action_date: 2003-04-10
text: 
Adoption Equality Act of 2003 - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to modify the requirements of a child with special needs whose adoptive parents are eligible to receive a State adoption assistance payment.
 
Eliminates the requirement that the child with special needs meet specified income eligibility criteria under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) relating solely to the biological parents whose rights have been terminated. (Thus makes all children with special needs eligible for adoption assistance.)
 
Makes eligible to receive adoption assistance payments the adoptive parents of a child who is not a U.S. citizen or resident, but who otherwise meets the eligibility requirements for such payments, with the exception of a child adopted outside the United States or brought into it for adoption purposes. Declares that payments shall not be construed as prohibited with respect to the latter kind of child if he or she is placed in foster care following the failure of the initial adoption of the child by the adoptive parents. 
 
Requires treatment as meeting such requirements of any children determined eligible with respect to a prior adoption (or who would have been determined eligible had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who are available for adoption again because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died.
 
Requires a State to spend an amount equal to the amount of savings (if any) in State expenditures resulting from the application of this Act to provide to children or families any service (including post-adoption services) that may be provided under this part or part B (Child-Welfare Services). 
 
Revises requirements for the determination under SSA of a child with special needs to require that: (1) the State determine, pursuant to criteria established by it (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his/her parents (as under current law); or (2) the child meets all medical or disability requirements of title XVI (Supplemental Security Income) (SSI), and (as under current law) specific factors or conditions apply. (Currently, the first requirement and the specific factor requirement must both apply. This Act makes it sufficient to determine a child with special needs if the child cannot or should not be returned to the home of his/her parents. The specific factor requirement does not have to apply in such a case, but must apply in the case of any child who meets all SSI medical or disability requirements.)


Legislative actions:
action_date: 2003-04-10
text: Read twice and referred to the Committee on Finance.
action_date: 2003-04-10
text: Sponsor introductory remarks on measure. (CR S5188-5189)
action_date: 2003-04-10
text: Introduced in Senate