Adoption and Safe Families Act

H.R.867
Sponsor: Rep Camp, Dave (introduced 2/27/1997)
Related Bills: H.RES.134, H.RES.327
Latest Major Action: 11/19/1997 Became Public Law No: 105-89.
Title: To promote the adoption of children in foster care. Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary TITLE(S): (italics indicate a title for a portion of a bill)

POPULAR TITLE(S):
Adoption Promotion bill (identified by CRS)
SHORT TITLE(S) AS INTRODUCED:
Adoption Promotion Act of 1997
SHORT TITLE(S) AS REPORTED TO HOUSE:
Adoption Promotion Act of 1997
SHORT TITLE(S) AS PASSED HOUSE:
Adoption Promotion Act of 1997
SHORT TITLE(S) AS ENACTED:
Adoption and Safe Families Act of 1997
OFFICIAL TITLE AS INTRODUCED:
To promote the adoption of children in foster care.

STATUS: (color indicates Senate actions) (Floor Actions/Congressional Record Page References)

2/27/1997:

Referred to the House Committee on Ways and Means.

3/6/1997:

Referred to the Subcommittee on Human Resources.

4/8/1997:: Subcommittee Hearings Held.
4/16/1997:: Subcommittee Consideration and Mark-up Session Held.
4/16/1997:: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

4/23/1997:

Committee Consideration and Mark-up Session Held.

4/23/1997:

Ordered to be Reported (Amended) by Voice Vote.

4/28/1997 3:02pm:

Reported (Amended) by the Committee on Ways and Means. H. Rept. 105-77.

4/28/1997 3:03pm:

Placed on the Union Calendar, Calendar No. 52.

4/29/1997 7:33pm:

Rules Committee Resolution H. Res. 134 Reported to House. Rule provides for consideration of H.R. 867 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified as specified in the report accompanying this resolution.

4/30/1997 11:51am:

Rule H. Res. 134 passed House.

4/30/1997 11:51am:

Considered under the provisions of rule H. Res. 134.

4/30/1997 11:51am:

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 134 and Rule XXIII.

4/30/1997 11:51am:

The Speaker designated the Honorable James E. Rogan to act as Chairman of the Committee.

4/30/1997 12:44pm:

H.AMDT.43 Amendment (A001) offered by Mr. Tiahrt.
An amendment numbered 6 as printed in the Congressional Record to require that States must seek to terminate parental rights of children under 13 years of age who have spent 12 of their most recent 18 months in foster care. States may, however, choose not to terminate parental rights if the child is 1) being cared for by a relative, or 2) the State can document a compelling reason why terminating parental rights would not be in the best interests of the child.

4/30/1997 1:00pm:

H.AMDT.43 By unanimous consent, the Tiahrt amendment was withdrawn.

4/30/1997 1:01pm:

H.AMDT.44 Amendment (A002) offered by Mr. Traficant.
An amendment to express that it is the sense of Congress that all equipment and products purchased with funds made available in the bill to purchase American-made products.

4/30/1997 1:02pm:

H.AMDT.44 On agreeing to the Traficant amendment (A002) Agreed to by voice vote.

4/30/1997 1:02pm:

H.AMDT.45 Amendment (A003) offered by Mrs. Morella.
An amendment, printed as amendment No. 5 in the Congressional Record of April 27, to encourage states to establish "kinship care" demonstration projects, to allow children who are removed from their parents as a result of a judicial process to be placed with willing family members instead of state-sponsored foster care.

4/30/1997 1:09pm:

H.AMDT.45 By unanimous consent, the Morella amendment was withdrawn.

4/30/1997 1:13pm:

H.AMDT.46 Amendment (A004) offered by Mrs. Morella.
Amendment requires that at least one of the waiver demonstration projects authorized in the bill address kinship care.

4/30/1997 1:14pm:

H.AMDT.46 On agreeing to the Morella amendment (A004) Agreed to by voice vote.

4/30/1997 1:14pm:

H.AMDT.47 Amendment (A005) offered by Ms. Johnson, E. B..
An amendment to provide for outreach programs to minority communities to advise families on adoption opportunities.

4/30/1997 1:18pm:

H.AMDT.47 By unanimous consent, the Johnson, E. B. amendment was withdrawn.

4/30/1997 1:18pm:

H.AMDT.48 Amendment (A006) offered by Ms. Jackson-Lee (TX).
Amendment provides for, at the option of the States, criminal record and child abuse registry checks for prospective foster or adoptive parents and employees of child care institutions.

4/30/1997 1:27pm:

H.AMDT.48 On agreeing to the Jackson-Lee (TX) amendment (A006) Agreed to by voice vote.

4/30/1997 1:28pm:

H.AMDT.49 Amendment (A007) offered by Mrs. Maloney (NY).
An amendment to express that it is the sense of congress that states should enact "stand-by-guardian" laws, to allow terminally ill parents to designate a guardian to take over all parental responsibilities at a predetermined time.

4/30/1997 1:37pm:

H.AMDT.49 On agreeing to the Maloney (NY) amendment (A007) Agreed to by voice vote.

4/30/1997 1:40pm:

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 867.

4/30/1997 1:41pm:

The previous question was ordered pursuant to the rule.

4/30/1997 1:42pm:

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

4/30/1997 2:04pm:

On passage Passed by the Yeas and Nays: 416 - 5 (Roll no. 96).

4/30/1997 2:04pm:

Motion to reconsider laid on the table Agreed to without objection.

4/30/1997 2:04pm:

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 867.

5/1/1997:

Received in the Senate.

6/2/1997:

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

6/3/1997:

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 66.

11/8/1997:

Measure laid before Senate by unanimous consent.

11/8/1997:

Amendment SP 1614 proposed by Senator Craig.

11/8/1997:

S.AMDT.1614 Proposed by Senator Craig.
To provide a complete substitute.

11/8/1997:

Amendment SP 1614 agreed to in Senate by Unanimous Consent.

11/8/1997:

Passed Senate with an amendment by Unanimous Consent.

11/9/1997:

Message on Senate action sent to the House.

11/13/1997 12:18pm:

House agreed to Senate amendment with amendment pursuant to H. Res. 327.

11/13/1997:

Message on House action received in Senate and at desk: House amendment to Senate amendment.

11/13/1997:

Senate agreed to House amendment to Senate amendment by Unanimous Consent.

11/13/1997:

Message on Senate action sent to the House.

11/13/1997:

Cleared for White House.

11/17/1997:

Presented to President.

11/19/1997:

Signed by President.

11/19/1997:

Became Public Law No: 105-89.

COMMITTEE(S):

Committee/Subcommittee:		Activity:
House Ways and Means		Referral, Reporting
	Subcommittee on Human Resources	Referral, Reporting

Bill:	Relationship:
H.RES.134	Rule related to H.R.867 in House
H.RES.327	Related bill as identified by the House Clerk's office
H.RES.327	This bill caused other related action on H.R.867

AMENDMENT(S):Amendments For H.R.867

1. H.AMDT.43 to H.R.867 An amendment numbered 6 as printed in the Congressional Record to require that States must seek to terminate parental rights of children under 13 years of age who have spent 12 of their most recent 18 months in foster care. States may, however, choose not to terminate parental rights if the child is 1) being cared for by a relative, or 2) the State can document a compelling reason why terminating parental rights would not be in the best interests of the child.
Sponsor: Rep Tiahrt, Todd - Latest Major Action: 4/30/1997 By unanimous consent, the Tiahrt amendment was withdrawn.

2. H.AMDT.44 to H.R.867 An amendment to express that it is the sense of Congress that all equipment and products purchased with funds made available in the bill to purchase American-made products.
Sponsor: Rep Traficant, James A., Jr. - Latest Major Action: 4/30/1997 House amendment agreed to

3. H.AMDT.45 to H.R.867 An amendment, printed as amendment No. 5 in the Congressional Record of April 27, to encourage states to establish "kinship care" demonstration projects, to allow children who are removed from their parents as a result of a judicial process to be placed with willing family members instead of state-sponsored foster care.
Sponsor: Rep Morella, Constance A. - Latest Major Action: 4/30/1997 By unanimous consent, the Morella amendment was withdrawn.

4. H.AMDT.46 to H.R.867 Amendment requires that at least one of the waiver demonstration projects authorized in the bill address kinship care.
Sponsor: Rep Morella, Constance A. - Latest Major Action: 4/30/1997 House amendment agreed to

5. H.AMDT.47 to H.R.867 An amendment to provide for outreach programs to minority communities to advise families on adoption opportunities.
Sponsor: Rep Johnson, Eddie Bernice - Latest Major Action: 4/30/1997 By unanimous consent, the Johnson, E. B. amendment was withdrawn.

6. H.AMDT.48 to H.R.867 Amendment provides for, at the option of the States, criminal record and child abuse registry checks for prospective foster or adoptive parents and employees of child care institutions.
Sponsor: Rep Jackson-Lee, Sheila - Latest Major Action: 4/30/1997 House amendment agreed to

7. H.AMDT.49 to H.R.867 An amendment to express that it is the sense of congress that states should enact "stand-by-guardian" laws, to allow terminally ill parents to designate a guardian to take over all parental responsibilities at a predetermined time.
Sponsor: Rep Maloney, Carolyn B. - Latest Major Action: 4/30/1997 House amendment agreed to

8. S.AMDT.1614 to H.R.867 To provide a complete substitute.
Sponsor: Sen Craig, Larry E. - Latest Major Action: 11/8/1997 Senate amendment proposed (on the floor)

COSPONSORS(31), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)

Rep Barrett, Bill - 4/10/1997	Rep Blagojevich, Rod R. - 4/28/1997
Rep Bliley, Tom - 3/20/1997	Rep Bunning, Jim - 4/24/1997
Rep Canady, Charles T. - 3/20/1997	Rep DeLay, Tom - 4/24/1997
Rep Dellums, Ronald V. - 3/21/1997	Rep English, Phil - 4/10/1997
Rep Ensign, John E. - 4/24/1997	Rep Farr, Sam - 3/20/1997
Rep Fawell, Harris W. - 4/28/1997	Rep Fazio, Vic - 4/28/1997
Rep Gordon, Bart - 4/10/1997	Rep Granger, Kay - 4/28/1997
Rep Herger, Wally - 4/24/1997	Rep Houghton, Amo - 4/17/1997
Rep Kelly, Sue W. - 4/10/1997	Rep Kennelly, Barbara B. - 2/27/1997
Rep Klug, Scott L. - 3/13/1997	Rep Levin, Sander M. - 3/13/1997
Rep Lofgren, Zoe - 3/20/1997	Rep McHale, Paul - 4/24/1997
Rep Molinari, Susan - 3/20/1997	Rep Nethercutt, George R., Jr. - 3/20/1997
Rep Pryce, Deborah - 3/5/1997	Rep Ramstad, Jim - 3/5/1997
Rep Roemer, Tim - 3/21/1997	Rep Shaw, E. Clay, Jr. - 2/27/1997
Rep Slaughter, Louise McIntosh - 4/10/1997	Rep Watts, J. C., Jr. - 3/20/1997
Rep Weller, Jerry - 4/24/1997

SUMMARY AS OF:
11/13/1997--House agreed to Senate amendment with amendment. (There are 3 other summaries)

TABLE OF CONTENTS:

Title I: Reasonable Efforts and Safety Requirements for

Foster Care and Adoption Placements

Title II: Incentives for Providing Permanent Families for

Children

Title III: Additional Improvements and Reforms

Title IV: Miscellaneous

Title V: Effective Date

Adoption and Safe Families Act of 1997 - Title I: Reasonable Efforts and Safety Requirements for Foster Care and Adoption Placements - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to emphasize that, in meeting the "reasonable efforts" requirement of family preservation and reunification, the paramount concern of a State plan for foster care and adoption assistance shall be the health and safety of the child. States that reasonable efforts to preserve and reunify the family shall not be required on behalf of certain parents, including those who have murdered or committed felony assault against another child, or who would otherwise pose a serious risk to a child's health or safety. Declares that nothing in such Act shall be construed as precluding State courts from exercising their discretion to protect the health and safety of children in individual cases, including cases other than those described in the Act.

(Sec. 102) Includes the safety of the child in State case planning and review system requirements.

(Sec. 103) Delineates circumstances compelling a State to file a parental rights termination petition and concurrently initiate selection of a qualified adoptive family for certain children in foster care or under State responsibility.

(Sec. 105) Makes the Federal Parent Locator Service available to child welfare services for enforcement of child custody or visitation orders.

(Sec. 106) Requires State plans for foster care and adoption assistance to provide procedures for criminal records checks for prospective foster and adoptive parents.

(Sec. 107) Requires a case plan for a child for whom the State's goal is adoption or placement in another permanent home to document State agency efforts to accomplish that goal.

Title II: Incentives for Providing Permanent Families for Children - Authorizes the Secretary of Health and Human Services to award an adoption incentive grant to an incentive-eligible State meeting specified criteria whose number of foster child or special needs adoptions for a fiscal year exceeds a base number calculated according to a specified formula. Includes among such criteria the provision of State health insurance coverage for children with special needs for whom an adoption assistance agreement is in effect between the State and the adoptive parents.

(Sec. 201) Authorizes the Secretary to provide technical assistance to States, local communities, and the courts to reach their targets for increased numbers of adoptions and alternative permanent placements for children in foster care. Authorizes appropriations for FY 1998 through 2000.

(Sec. 202) Requires a State plan for child welfare services to contain assurances for State plan development using cross-jurisdictional resources to effect timely adoptive or permanent placements for waiting children. Denies Federal assistance eligibility where a State has impeded the placement of a child for adoption outside of the jurisdiction with responsibility for handling the case.

Instructs the Comptroller General to study and report to the Congress on improved procedures to facilitate the interjurisdictional adoption and permanent placement of children.

(Sec. 203) Directs the Secretary to: (1) develop a set of outcome measures for rating State placements for adoption and foster care, and to report annually thereon to the Congress; and (2) develop a performance-based incentive payment system.

Title III: Additional Improvements and Reforms - Authorizes the Secretary to authorize up to ten State child welfare demonstration projects in each of FY 1998 through 2002. Requires the Secretary to consider demonstration project proposals designed to address: (1) barriers that result in delays to adoptive placements for children in foster care; (2) the impact of parental substance abuse problems upon the placement of children; and (3) kinship care.

Prohibits the Secretary from authorizing a State demonstration project if it fails to provide health insurance coverage for certain children with special needs. Requires the Secretary to consider the effect of a State demonstration project upon specified court orders concerning the State's non-compliance with certain Federal requirements for child welfare services and foster care and adoption assistance.

(Sec. 302) Changes the mandatory annual dispositional hearing for a child in foster care to an annual permanency planning hearing.

(Sec. 303) Requires the Secretary to report to a child welfare advisory panel on the extent to which children in foster care are placed in kinship care, and subsequently to certain congressional committees, following such panel's review and comment on the report.

(Sec. 304) Mandates that independent living programs be designed, among others, for children with respect to whom foster care maintenance payments are no longer being made because the child has accumulated assets of up to $5,000 which are otherwise regarded as resources in determining eligibility for Federal foster care benefits.

(Sec. 305) Authorizes appropriations for family preservation and support services for FY 1999 through 2001, including family reunification, adoption promotion and support services.

(Sec. 306) Mandates that State plans for foster care and adoption assistance provide health insurance coverage for children with special needs.

(Sec. 307) Provides for the continuation of eligibility for adoption assistance payments on behalf of children with special needs whose initial adoption has been dissolved.

(Sec. 308) Requires State plans for foster care and adoption assistance to incorporate standards to ensure quality services for children in foster care.

Title IV: Miscellaneous - Expresses the sense of the Congress that the States should have procedures in effect for a chronically ill or near-death parent, without surrendering parental rights, to designate a standby guardian for the minor children, to take effect on the parent's death, mental incapacity, or physical debilitation (with consent).

(Sec. 404) Revises requirements governing the Contingency Fund for State Welfare Programs. Specifies a reduction in appropriations to offset certain increases in State remittances. Instructs the Secretary to submit recommendations to the Congress for improving the Fund's operation.

(Sec. 405) Instructs the Secretary to report to certain congressional committees regarding the scope of substance abuse in the child welfare population, and the outcomes resulting from the services provided to such population.

(Sec. 406) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made.

Title V: Effective Date - Sets forth the effective date of this Act.