Abandoned Infants Assistance Act of 1988
PL 100-505 (S.945), enacted 10/18/1988

PUBLIC LAW 100-505—OCT. 18, 1988 
102 STAT. 2533 
Public Law 100-505 
100th Congress 
An Act 
To authorize the Secretary of Health and Human Services to make grants for 
Q . ,g ^aaa 
demonstration projects for foster C
8
u
:
« and residential care of infants euid young 
' 
children abandoned in hospitals, and for other purposes. 
[^- ^^^^ 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Abandoned 
Infants 
SECTION 1. SHORT TITLE. 
Assistance Act of 
This Act may be cited as the "Abandoned Infants Assistance Act 42 use 670 note 
of 1988". 
SEC. 2. FINDINGS. 
42 USC 670 note. 
The Congress finds that— 
(1) throughout the Nation, the number of infants and young 
children who have been exposed to drugs taken by their 
mothers during pregnancy has increased dramatically; 
(2) the inabUity of parents who abuse drugs to provide ade-
quate care for such infants and young children and a lack of 
suitable shelter homes for such infants and young children have 
led to the abandonment of such infants and young children in 
hospitals for extended periods; 
(3) the vast majority of these infants and young children will 
be medically cleared for discharge, yet remain in hospitals sis 
boarder babies; 
(4) hospital-based child care for these infants and young 
children is extremely costly and deprives them of an adequate 
nurturing environment; 
(5) training is inadequate for foster care personnel working 
with medically fragile infants and young children and infants 
and yoimg children exposed to drugs; 
(6) a particularly devastating development is the increase in 
the number of cases of acquired immune deficiency syndrome in 
infants and young children, and the number of such cases has 
doubled within the last 13 months; 
(7) more than 80 percent of infants and young children with 
acquired immune deficiency syndrome have at least one parent 
who is an intravenous drug abuser; 
(8) infants and young children with acquired immune defi-
ciency syndrome are particularly difficult to place in foster 
homes, and are being abandoned in hospitals in increasing 
numbers by mothers d3ring of acquired immune deficiency s)m-
drome, or by parents incapable of providing adequate care; 
(9) there is a need for comprehensive services for such infants 
and young children, including foster family care services, case 
management services, family support services, respite and crisis 
intervention services, counseling services, and group residential 
home services; and 
(10) there is a need for the development of funding strategies 
that coordinate and make the optimed use of all private re-
102 STAT. 2534 
PUBLIC LAW 100-505—OCT. 18, 1988 
sources, and Federal, State, and local resources, to establish and 
maintain such services. 
4
2 use 6
7
0 n
o
t
e TITLE I—FOSTER CARE AND RESIDEN-
TIAL CARE OF INFANTS AND YOUNG 
CHILDREN ABANDONED IN HOSPITALS 
SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS. 
Corporations. 
(a) IN GENERAL.—The Secretary of Health and Human Services 
AIDS. 
may make grants to public and nonprofit private entities for the 
purpose of developing, implementing, and operating projects to 
demonstrate methods— 
(1) to prevent the abandonment of infants and young children; 
(2) to identify and address the needs of abandoned infgints and 
young children, particularly those with acquired immune defi-
ciency syndrome; 
(3) to assist abandoned infants and young children, particu-
larly those with acquired immune deficiency 
s3nidrome, 
to reside with their natural families or in foster care, as 
appropriate; 
(4) to recruit, train, and retain foster families for abandoned 
infants and young children, particularly those with acquired 
immune deficiency syndrome; 
(5) to carry out residential care programs for abandoned 
infants and young children, particularly those with acquired 
immune deficiency sjmdrome; 
(6) to carry out programs of respite care for families and 
foster families of infants and young children with acquired 
immune deficiency s3aidrome; and 
(7) to recruit and train health and social services personnel to 
work with families, foster care families, and residential care 
programs for abandoned infants and young children, particu-
larly those with acquired immune deficiency syndrome, 
(b) CASE PLAN WFTH RESPECT TO FOSTER CARE.—The Secretary 
may not make a grant under subsection (a) unless the applicant for 
the grant agrees that, if the applicant expends the grant to carry out 
any program of providing care to infants and young children in 
foster homes or in other nonmedical residential settings away from 
their parents, the applicant will ensure that— 
(1) a case plan of the t3rpe described in paragraph (1) of section 
475 of the Social Security Act is developed for each such infant 
and young child (to the extent that such infant and young child 
is not otherwise covered by such a plan); and 
(2) the program includes a case review system of the tjrpe 
described in paragraph (5) of such section (covering each such 
infant and young child who is not otherwise subject to such a 
system). 
(c) ADMINISTRATION OF GRANT.—The Secretary may not make a 
grant under subsection (a) unless the applicant for the grant 
agrees— 
(1) to use the funds provided under this section only for the 
purposes specified in the application submitted to, and approved 
by, the Secretary pursuEuit to subsection (d); 
PUBLIC LAW 100-505—OCT. 18, 1988 
102 STAT. 2535 
(2) to establish such fiscal control and fund accounting proce-
dures as may be necessary to ensure proper disbursement and 
accounting of Federal funds paid to the applicant under this 
section; 
(3) to report to the Secretary annually on the utilization, cost, Reports. 
and outcome of activities conducted, and services furnished, 
under this section; and 
(4) that if, during the majority of the 180-day period preceding 
the date of the enactment of this Act, the applicant has carried 
out any program with respect to the care of abandoned infants 
and young children, the applicant will expend the grant only for 
the purpose of significantly expanding, in accordance with 
subsection (a), activities under such program above the level 
provided under such program during the msgority of such 
period. 
(d) REQUIREMENT OF APPUCATION.—The Secretary may not make 
a grant under subsection (a) unless— 
(1) an application for the grant is submitted to the Secretary; 
(2) with respect to carrying out the purpose for which the 
grant is to be made, the application provides assurances of 
compliance satisfactory to the Secretary; and 
(3) the application otherwise is in such form, is made in such 
manner, and contains such agreements, assurances, and 
information as the Secretary determines to be necessary to 
carry out this section. 
(e) TECHNICAL ASSISTANCE TO GRANTEES.—The Secretsuy may, 
without charge to any grantee under subsection (a), provide tech-
nical assistance (including training) with respect to the planning, 
development, and operation of projects described in such subsection. 
The Secretary may provide such technical assistance directly. Contracts. 
through contracts, or through grants. 
(f) "fenNicAL ASSISTANCE WITH RESPECT TO PROCESS OF APPLYING 
F
O
R GRANT.—The Secretary may provide technical assistance Corporations. 
(including training) to public and nonprofit private entities with 
respect to the process of applying to the Secretary for a grant under 
subsection (a). The Secretary may provide such technical assistance Contracts. 
directly, through contracts, or through grants. 
SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY. 
(a) EVALUATIONS OF DEMONSTRATION PROJECTS.—The Secretary Contracts. 
shall, directly or through contracts with public and nonprofit pri- Corporations. 
vate entities, provide for evaluations of projects carried out under 
section 101 and for the dissemination of information developed as 
result of such projects. 
(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS AND 
YOUNG CHILDREN.— 
(1) The Secretary shall conduct a study for the purpose of 
determining— 
(A) an estimate of the number of infants and young 
children abandoned in hospitals in the United Stat^ and 
the number of such infants who have acquired immune 
deficiency syndrome; and 
(B) an estimate of the annual costs incurred by the 
Federal Government and by State and local governments in 
providing housing and care for such infants and young 
children. 
102 STAT. 2536 
PUBLIC LAW 100-505—OCT. 18, 1988 
(2) The Secretary shall, not later than 12 months after the 
date of the enactment of this Act, complete the study required 
in paragraph (1) and submit to the Congress a report describing 
the findings made as a result of the study, 
(c) STUDY AND REPORT ON EFFECTTIVE CARE METHODS.— 
(1) The Secretary shall conduct a study for the purpose of 
determining the most effective methods for responding to the 
needs of abandoned infants and young children. 
(2) The Secretary shall, not later than April 1,1991, complete 
the study required in paragraph (1) and submit to the Congress 
a report describing the findings made as a result of the study. 
SEC. 103. DEFINITION. 
For purposes of this title, the term "abandoned infants and young 
children" means infants and young children who are medically 
cleared for discharge from acute care hospital setting, but who 
remain hospitalized because of a lack of appropriate out-of-hospital 
placement alternatives. 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
For the purpose of making grants under section 101, there are 
authorized to be appropriated $10,000,000 for fiscal year 1989, 
$12,000,000 for fiscal year 1990, and $15,000,000 for fiscal year 1991. 
SEC. 105. TERMINATION OF PROGRAM. 
No grant may be made under section 101 after September 30, 
1991. 
4
2 use 6
7
0 n
o
t
e TITLE II—MEDICAL COSTS OF TREAT-
MENT WITH RESPECT TO ACQUIRED 
IMMUNE DEFICIENCY SYNDROME 
SEC. 201. STUDY AND REPORT ON ASSISTANCE. 
(a) STUDY.—The Secretary shall conduct a study for the purpose 
of— 
(1) determining cost-effective methods for providing assistance 
to individuals for the medical costs of treatment of conditions 
arising from infection with the etiolc^c agent for acquired 
immune deficiency syndrome, including determining the fea-
sibility of risk-pool health insurance for individuals at risk of 
such infection; 
(2) determining the extent to which Federal payments under 
title XIX of the Social Security Act are being expended for 
medical costs described in paragraph (1); and 
(3) providing an estimate of the extent to which such Federal 
payments will be expended for such medical costs during the 
5-year period b^inning on the date of the enactment of this 
Act. 
OJ) REPORT.—The Secretary shall, not later than 12 months after 
the date of ttke enactment of this Act, complete the study required in 
subsection (a) and submit to the Committee on Energy and Com-
merce of the House of Representatives, and to the Committee on 
Lsd^r and Human Resources of the Senate, a report describing the 
findings made as a result of the study. 
PUBLIC LAW 100-505—OCT. 18, 1988 
102 STAT. 2537 
TITLE III—GENERAL PROVISIONS 
'^ "sc 6
7
o n
o
t
e 
SEC. 301. DEFINITIONS. 
For purposes of this Act: 
(1) The term "acquired immune deficiency sjrndrome" in-
cludes infection with the etiologic agent for such syndrome, any 
condition indicating that an individual is infected with such 
etiologic agent, and any condition arising from such etiologic 
agent. 
(2) The term "Secretary" means the Secretary of Health and 
Human Services. 
Approved October 18, 1988. 
. 
LEGISLATIVE HISTORY—S. 945 (H.R. 4843): 
HOUSE REPORTS: No. 100-821, Pt. 1, accompanying H.R. 4843 (Comm. on Energy 
and Commerce). 
CONGRESSIONAL RECORD: 
Vol. 183 (1987): Aug. 5, considered and passed Senate. 
Vol. 134 (1988): Sept. 13, considered and passed House, amended. 
Oct. 4, Senate concurred in House amendments.