Child Abuse Prevention and Treatment and Adoption Reform Act
PL 95-266 (H.R.6693), enacted 04/24/1978

PUBLIC LAW 95-266—APR. 24, 1978 
92 STAT. 205 
Public Law 95-266 
95th Congress 
An Act 
To promote the healthy development of children who would benefit from adoption 
Apr. 24, 197t5^ 
by facilitating tlieir placement in adoptive homes, to extend and improve 
[H.R. 6693] 
the provisions of the Child Abuse Prevention and Treatment Act, and for 
other purposes. 
Be it enoboted by the Senate a7id House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act may 
be cited as the "Child Abuse Prevention and Treatment and Adoption 
Reform Act of 1978". 
T I T L E I—AMENDMENTS TO C H I L D A B U S E P R E V E N T I O N 
AND T R E A T M E N T ACT 
Child Abuse 
Prevention and 
Treatment and 
Adoption Reform 
Act of 1978. 
42 use 5101 
note. 
NATIONAL CENTER ON CHILD ABUSE AND NEGLECT 
SEC. 101. Section 2 of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5101) (hereinafter in this title referred to as "the 
Act") is amended by— 
(1) (A) striking out "and publish" and inserting in lieu thereof 
"publish, and disseminate" in clause (1) of subsection (b) ; 
(B) striking out "and publish" and inserting in lieu thereof 
a comma and "publish, and disseminate" in clause (3) of sub-
section ( b ) ; 
(C) striking out "and" after clause (5) of subsection ( b ) ; 
(D) striking out the period at the end of clause (6) of sub-
section (b) and inserting in lieu thereof a semicolon and "and"; 
and 
(E) adding after clause (6) of subsection (b) the following: 
"(7) in consultation with Federal agencies serving on the 
Advisory Board on Child Abuse and Neglect (established by 
section 6 of this Act), prepare a comprehensive plan for seeking 
to bring about maximum coordination of the goals, objectives, and 
activities of all agencies and organizations which have responsi-
bilities for programs and activities related to child abuse and 
neglect, and submit such plan to such Advisory Board not later 
than twelve months after the date of enactment of this clause. 
The Secretary shall establish research priorities for making grants or 
contracts under clause (5) of this subsection and, not less than sixty 
days before establishing such priorities, shall publish in the Federal 
Register for public comment a statement of such proposed priorities."; 
(2) inserting at the end of subsection (c) the following new 
sentences: "Grants may be made under subsection (b)(5) 
for 
periods of not more than three years. Any such grant shall be 
reviewed at least annually by the Secretary, utilizing pe^r review 
mechanisms to assure the quality and progress of research con-
ducted under such grant."; and 
(3) adding after subsection (c) the following new subsection: 
"(d) The Secretary shall make available to the Center such staff 
and resources as are necessary for the Center to carry out effectively 
its functions under this Act.". 
Plan, submittal to 
Advisory Board 
on Child Abuse 
and Neglect. 
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Research 
priorities 
for grants or 
contracts. 
Publication in 
Federal Register. 
Review. 
92 STAT. 206 
PUBLIC LAW 95-266—APR. 24, 1978 
DEFINITION 
SEC. 102. Section 3 of the Act (42 U.S.C. 5102) is amended by— 
(1) inserting "or exploitation" after "sexual abuse"; and 
(2) inserting a comma and "or the age specified by the child 
protection law of the State in question," after "eighteen". 
DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS 
SEC. 103. Section 4 of the Act (42 U.S.C. 5103) is amended by— 
(1) amending subsection (a) by— 
(A) inserting "or service" after "demonstration" in the 
first sentence; 
(B) striking out "the development and establishment of" 
in clause (1) ; and 
(C) striking out the last sentence of such subsection; 
(2) amending subsection (b) by— 
(A) striking out in paragraph (1) "Of the sums" and all 
that follows through "grants" and inserting in lieu thereof 
"The Secretary, through the Center, is authorized to make 
grants", and striking out "for the payment of reasonable and 
necessary expenses"; and 
(B) inserting in paragraph (2) immediately below clause 
(J) the following new sentence: "If a State has failed to 
obligate funds awarded under this subsection within eighteen 
months after the date of award, the next award under this 
subsection made after the expiration of such period shall be 
reduced by an amount equal to the amount of such unobli-
gated funds unless the Secretary determines that extraordi-
nary reasons justify the failure to so obligate."; and 
(3) amending the heading for such section to read as follows: 
" D E M O N S T R A T I O N OR SERVICE PROGRAMS AND PROJECTS". 
AUTHORIZATION OF APPROPRIATIONS, EARMARKING, AND SEXUAL 
ABUSE CENTERS 
SEC. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by— 
(1) striking out "and" after "1975," and striking out the period 
at the end thereof and inserting in lieu thereof a comma and the 
following: "$25,000,000 for the fiscal year ending September 30. 
1978, $27,500,000 for the fiscal year ending September 30, 1979, 
and $30,000,000 each for the fiscal years ending September- 30, 
1980, and September 30, 1981, respectively. Of the funds appro-
priated for any fiscal year under this section, not less than 50 
per centum shall be used for making grants or contracts under 
42 use 5101. 
sections 2(b)(5) (relating to research) and 4(a) (relating to 
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demonstration or service projects), giving special consideration 
to continued Federal funding of child abuse and neglect programs 
or projects (previously funded by the Department of Health, 
Education, and Welfare) of national or regional scope and demon-
strated effectiveness, of not less than 25 per centum shall be used 
for making grants or contracts under sexition 4(b) (1) (relating 
to grants to States) for the fiscal years ending September 30,1978, 
PUBLIC LAW 95-266—APR. 24, 1978 
92 STAT. 207 
and September 30, 1979, respectively, and not less than 30 per 
centum shall be used for making grants or contracts under sec-
tion 4(b) (1) (relating to grants to States) for each of the fiscal 
years ending September 30, 1980, and September 30, 1981, respec-
tively."; and 
(2) inserting "(a)" after "SEC. 5." and adding at the end 
thereof the following new subsection: 
"(b) (1) There are authorized to be appropriated $3,000,000 for the 
fiscal year ending September 30, 1978, $3,500,000 for the fiscal year 
ending September 30, 1979, and $4,000,000 each for the fiscal years 
ending September 30, 1980, and September 30, 1981, respectively, for 
the purpose of making grants and entering into contracts (under sec-
tions 2(b) (5) (relating to research), 4(a) (relating to demonstration 
or services projects), and 4(b) (1) (relating to grants to States)) for 
programs and projects (including the support of not less than three 
Centers for the provision of treatment, and personnel training, and 
other related services) designed to prevent, identify, and treat sexual 
abuse of childi'en, including programs involving the treatment of 
family units, programs for the provision of treatment and related 
services to persons who have committed acts of sexual abuse against 
children, and programs for the training of personnel. 
"(2) Of the sums appropriated under this subsection, not more than 
10 per centum shall be expended under section 2(b) (5) (relating to 
research). 
"(3) As used in this subsection, the term— 
"(A) 'sexual abuse' includes the obscene or pornographic pho-
tographing, filming, or depiction of children for commercial pur-
poses, or the rape, molestation, incest, prostitution, or other such 
forms of sexual exploitation of children under circumstances 
which indicate that the child's health or welfare is harmed or 
threatened thereby, as determined in accordance with regulations 
prescribed by the Secretary; and 
"(B) 'child' or 'children' means any individual who has not 
attained the age of eighteen. 
"(4) (A) Nothing contained in the provisions of this subsection 
shall be construed as prohibiting the use of funds appropriated under 
subsection (a) for programs and projects described in subsection (b), 
nor be construed to prohibit programs or projects receiving funds 
under subsection (a) from receiving funds under subsection (b). 
"(B) No funds shall be obligated or expended under this subsection 
unless an amount at least equal to the amount of funds appropriated 
in fiscal year 1977 has been appropriated for programs and projects 
under subsection (a) for any succeeding fiscal year.". 
42 use 5103. 
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Definitions. 
ADVISORY BOARD 
SEC. 105. Section 6 of the Act (42 U.S.C. 5105) is amended by— 
(1) inserting before the period at the end of the first sentence 
in subsection (a) a comma and "and not less than three members 
from the general public with experience or expertise in the field 
of child abuse and neglect" ; 
(2) striking out "administered" both places it appears in the 
second sentence in subsection (a) and inserting in lieu thereof 
"planned, administered,"; and 
92 STAT. 208 
PUBLIC LAW 95-266—APR. 24, 1978 
Plan, submittal 
to President 
and Congress. 
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G>mpensation. 
(3) striking out subsection (b) and subsection (c) and insert-
ing in lieu thereof the following new subsections: 
"(b) The Advisory Board shall review the comprehensive plan sub-
mitted to it by the Center pursuant to section 2(b) (7), make such 
changes as it deems appropriate, and submit to the President and the 
Congress a final such plan not later than eighteen months after the 
effective date of this subsection. 
"(c) Members of the Advisory Board, other than those 
regularly 
employed by the Federal Government, while serving on business of 
the Advisory Board, shall be entitled to receive compensation at a 
rate not in excess of the daily ex^uivalent payable to a GS-18 employee 
under section 5332 of title 5, United States Code, including travel-
time; and, while so serving away from their homes or regular places 
of business, they may be allowed travel expenses (including per diem 
in lieu of subsistence) as authorized by section 5703 of such title for 
persons in the Government service employed intermittently.". 
T I T L E I I — A D O P T I O N O P P O R T U N I T I E S 
n X D I N G S AND DECLARATION OF PURPOSE 
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SEC. 201. The Congress hereby finds that many thousands of children 
lemain in institutions or foster homes solely because of legal and other 
barriers to their placement in permanent, adoptive homes; that the 
majority of such children are of school age, handicapped, or both; 
that adoption may be the best alternative for assuring the healthy 
development of such children; that there are qualified persons seeking 
to adopt such children who are unable to do so because of barriers to 
their placement; and that, in order both to enhance the stability and 
love of the child's home environment and to avoid Avasteful expendi-
tures of public funds, such children should not be maintained in foster 
care or institutions when adoption is appropriate and families for 
them can be found. It is, therefore, the purpose of this title to facilitate 
the elimination of barriers to adoption and to provide permanent and 
loving home environments for children who would benefit by adoption, 
particularly children with special needs by— 
(1) promoting the establishment of model adoption legislation 
and procedures in the States and territories of the United States 
in order to eliminate jurisdictional and legal obstacles to adop-
tion; and 
(2) providing a mechanism for the Department of Health, 
Education, and Welfare to (A) promote quality standards for 
adoption services (including pre-placement, post-placement, and 
post-adoption counseling and standards to protect the rights of 
children in need of adoption), and (B) provide for a national 
adoption and foster care information data gathering and analysis 
system and a national adoption information exchange system to 
bring together children who would benefit by adoption and quali-
fied prospective adoptive parents who are seeking such children. 
MODEL ADOPTION LEGISLATION AND PROCEDURES 
Publication in 
Federal Register. 
42 use 5112. 
SEC. 202. (a) Not later than eighteen months after the date of 
enactment of this Act, the Secretary of Health, Education, and Wel-
fare (hereinafter referred to as the "Secretary") shall issue, based on 
PUBLIC LAW 95-266—APR. 24, 1978 
92 STAT. 209 
the recommendations of the panel described in subsection (b) of 
this section, proposed model adoption legislation and procedures and 
publish such proposal in the Federal Register for comment. After 
soliciting and giving due consideration to the comments of interested 
individuals, groups, and organizations and consulting further with 
such panel, the Secretary shall issue and publish model adoption 
legislation and procedures which shall not conflict with the provisions 
of any interstate compact in operation pursuant to which States are 
making, supervising, or regulating placements of children. 
(b) (1) Not later than ninety days aft^r the date of enactment of Panel. 
this Act, the Secretary shall appoint a panel (hereinafter referred to Appointment. 
as the "panel") to be composed of not less than eleven nor more than 
seventeen members generally representative of public and voluntary 
organizations, agencies, and persons interested and with expertise and 
experience in facilitating the achievement of the purposes of this title 
(including, but not limited to, national, State, and local child welfare 
organizations, including those representative of minorities, and adop-
tive parent organizations). The panel shall (A) review current 
conditions, practices, and laws relating to adoption, with special 
reference to their effect on facilitating or impeding the location of 
suitable adoptive homes for children who would benefit by adoption 
and the completion of suitable adoptions for such children; and (B) 
not later than twelve months after the date on which the members of 
the panel have been appointed, propose to the Secretary model (includ-
ing adoption assistance agreement) legislation and pi-ocedures relating 
to adoption designed to facilitate adoption by families of all economic 
levels. 
(2) The panel shall be terminated thirty days after the Secretary Tennination. 
publishes the final model legislation and procedures pursuant to sub-
section (a) of this section. 
(3) Members of the panel, other than those regularly employed Compensation, 
by the Federal Government, while serving on business of the panel 
shall he entitled to receive compensation at a rate not in excess of the 
daily equivalent of the rate payable to a GS-18 employee under sec-
tion 5o22 of title 5, United States Code, including traveltime; and, 
while so serving away from their homes or regular places of business, 
they may be allowed travel expenses (including per diem in lieu of 
subsistence) as authorized by section 5703 of such title for persons in 
the Government service employed intermittently. 
(c) The Secretary shall take such steps as he or she deems necessary 
to encourage and facilitate the enactment in each State of compre-
hensive adoption assistance legislation and the establishment in each 
State of the model legislation and procedures published pursuant to 
subsection (a) of this section. 
INFORMATION AND SERVICES 
SEC. 203. (a) The Secretary shall establish in the Department of 
Health, Education, and Welfare an appropriate administrative 
ai-rangement to provide a centralized focus for planning and coordi-
natinir of all departmental activities affecting adoption and foster care 
and for carrying out the provisions of this title. The Secretary shall 
make available such consultant services and personnel, together with 
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92 STAT. 210 
PUBLIC LAW 95-266—APR. 24, 1978 
appropriate administrative expenses, as are necessary for carrying out 
such purposes. 
(b) In connection with carrying out the provisions of subsection 
(a) of this section, the Secretary shall— 
(1) provide (directly or by grant to or contract with public 
or private nonprofit agencies and organizations) for the establish-
ment and operation of a national adoption and foster care data 
gathering and analysis system utilizing data collected by States 
pursuant to requirements of laAv; 
(2) conduct (directly or by grant to or contract with public 
or private nonprofit agencies or organizations) an education and 
training program on adoption, and prepare, publish, and dis-
seminate (directly or by grant to or contract with public or 
private nonprofit agencies and organizations) to all interested 
parties, public and private agencies and organizations (including, 
but not limited to, hospitals, health care and family planning 
clinics, and social services agencies), and governmental bodies, 
information and education and training materials regarding 
adoption and adoption assistance programs; 
(3) notwithstanding any other provision of law, provide 
(directly or by grant to or contract with public or private non-
profit agencies or organizations) for (A) the operation of a 
national adoption information exchange system (including only 
such information as is necessary to facilitate the adoptive place-
ment of children, utilizing computers and data processing methods 
to assist in the location of children who would benefit by adoption 
and in the placement in adoptive homes of children awaiting 
adoption) ; and (B) the coordination of such system with similar 
State and regional systems; 
(4) provide (directly or by grant to or contract with public 
or private nonprofit agencies or organizations, including parent 
groups) for the provision of technical assistance in the planning, 
improving, developing, and carrying out of programs and activi-
ties relating to adoption; and 
(5) consult with other appropriate Federal departments and 
agencies in order to promote maximum coordination of the serv-
ices and benefits provided under programs carried out by such 
departments and agencies with those carried out by the Secretary, 
and provide for the coordination of such aspects of all programs 
within the Department of Health, Education, and Welfare relat-
ing to adoption. 
STUDY OF UXLICENSED AnOPTIOX PLACEMENTS 
Report to 
SEC. 204. The Secretary shall provide for a study (the results of 
congressional 
which shall be reported to the appropriate committees of the Congress 
committees. 
J^Q|- \^{QY than eighteen months after the date of enactment of this 
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Act) designed to determine the nature, scope, and effects of the inter-
state (and, to the extent feasible, intrastate) placement of children 
in adoptive homes (not including the homes of stepparents or relatives 
of the child in question) by persons or agencies which are not licensed 
by or subject to regulation by any governmental entity. 
PUBLIC LAW 95-266—APR. 24, 1978 
92 STAT. 211 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 205. There are authorized to be appropriated $5,000,000 for the 42 USC 5115. 
fiscal year ending September 30,1978, and such sums as may be neces-
sary for the succeeding three fiscal years to carry out this title. 
Approved April 24, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-609 (Comm. on Education and Labor). 
SENATE REPORT No. 95-167 accompanying S. 961 (Comm. on Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Sept. 26, considered and passed House. 
Oct. 27, considered and passed Senate, amended, in lieu of 
S. 961. 
VoL 124 (1978): Apr. 10, House agreed to Senate amendments with amend-
ments. 
Apr. 12, Senate concurred in House amendments.