Section 1. Short Title; Table of Contents
Section 2. Clarification of the Reasonable Efforts Requirement
States would not be required to make reasonable efforts to reunify a family
in "aggravated circumstances" as defined in State law and in which
a court has confirmed that a child has been subjected to such aggravated
circumstances. Examples of aggravated circumstances are cases of abandonment,
torture, chronic abuse or sexual abuse. Reasonable efforts would also not
be required when parents' rights to a sibling have been involuntarily terminated
or when the parents have murdered or committed manslaughter of another child.
In determining the reasonable efforts to be made, the child's health and
safety must be the paramount concern.
Section 3. States Required to Initiate or Join Proceedings to Terminate
Parental Rights for Certain Children in Foster Care
States would be required to file a termination of parental rights petition
with the court in the case of a child under the age of 10 who has spent
18 out of the past 24 months in State foster care, with 3 notable exceptions;
(1) the child is in the care of a relative, (2) there exists a compelling
reason against moving to adoption, and (3) services have not been provided.
Section 4. Incentive Payments to States for Adoption
A per child incentive would be awarded to each State that increases its
annual number of finalized adoptions from the foster care system above a
base year. States would be eligible for $4,000 for each foster child with
a finalized adoption, and an additional $2,000 for each special needs adoption.
Funding for the adoption incentive program would be provided through a mandatory
capped entitlement of $108 million over 5 years.
Section 5. Earlier Status Reviews and Permanency Hearings
The timetable for initial hearings for children removed from their homes
would be shortened to 12 months. The hearing would be strengthened by the
listing of the expected permanency outcomes including whether and when the
child would be returned home or placed for adoption.
Section 6. Notice of Reviews and Hearings; Opportunity to be Heard
Foster parents and relatives providing foster care would be notified of
reviews and permanency hearings regarding child placement and would be given
the opportunity to be heard at these proceedings.
Section 7. Documentation of Reasonable Efforts to Adopt
States would have to document steps taken to find and finalize an adoptive
or other permanent home for the child including placement in the custody
of another fit and willing relative.
Section 8. Kinship Care
An Advisory Panel on Kinship Care would be appointed. The Secretary of
the Department of Health and Human Services would prepare an initial report
on kinship care which would be submitted to the panel. Based on the report
and other information, the panel would submit recommendations to the Secretary
that include suggested legislative changes in kinship care. Based on her
initial report the panel's review of the report, the panel's recommendations,
and other information and considerations, the Secretary would submit a formal
report to Congress that would include legislative recommendations by November
1, 1998.
Section 9. Use of the Federal Parent Locator Service in Termination of Parental
Rights Proceedings
The Federal Parent Locator Service would be authorized to be used by State
child welfare agencies for the additional purpose of locating noncustodial
parents to inform them of the termination of parental rights proceedings.
Section 10. Performance of States in Protecting Children
The Secretary, after consultation with several organizations, would develop
a set of outcome measures that could be used to assess the performance of
States in operating child welfare programs. Based on these outcome measures,
the Secretary would develop a rating system that, beginning on May 1, 1999,
and annually thereafter, she would use to prepare and publish a State report
card evaluating the performance of every State. The report would include
an analysis of the reasons for high and low performance by States, and recommendations
for how State performance could be improved.
Section 11. Authority to Approve More Child Protection Demonstration Projects
The Secretary's authority to grant waiver projects would be expanded from
10 States to 15 States. These waivers would be limited to a duration of
not more than five years, would have to be cost-neutral, and would have
to include a rigorous evaluation,
Section 12. Technical Assistance
The Secretary would be authorized to spend $10 million annually for fiscal
years 1998-2000 to provide technical assistance to States to promote adoption.
The technical assistance would have to support the goal of encouraging
more adoptions out of the foster care system when adoption promotes the
best interests of children.
Section 13. Coordination of Substance Abuse and Child Protection Services
The Secretary would submit a report to the Committees on Ways and Means
and Finance on the coordination of substance abuse intervention and child
protection services. The report would have to be based on information from
the Substance Abuse and Mental Health Services Administration and the Administration
for Children and Families. The report, which would be due one year after
enactment, would address the extent and scope of the problems of substance
abuse in the child welfare population and similar issues.
Section 14. Effective Date
The amendments made by this Act would take effect on October 1, 1997. State
plans under Title IV-B and IV-E of the Social Security Act would not be
considered as failing to comply with the Act's provisions until after the
close of the first regular session of the State legislature that begins
after the date of enactment.