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SERVICES TO FAMILIES IN CRISIS - AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1) - an agency cannot be reimbursed for the cost of a child's out-of-home care unless the reasonable efforts requirement is met.
In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which -
The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.
(Amendment to above)
COATS (AND WYDEN) AMENDMENT NO. 4909 (Senate - July 18, 1996)
[Page: S8227]
Mr. ROTH (for Mr. Coats, for himself and Mr. Wyden) proposed an amendment to the bill, S. 1956, supra; as follows:
At the end of chapter 7, of subtitle A, of title II, add the following:
SEC. . KINSHIP CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking `and' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(18) provides that States shall give preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards.
END
Each State with a plan approved under this part shall make foster care maintenance payments (as defined in section 675(4) of this title) under this part with respect to a child who would meet the requirements of section 606(a) of this title or of section 607 of this title but for his removal from the home of a relative (specified in section 606(a) of this title), if -
(FOOTNOTE 1) See References in Text note below.
Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is -
For the purposes of this part, (1) the term "foster family home" means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term "child-care institution" means a nonprofit private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.
Notwithstanding any other provision of this subchapter, Federal payments may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a) of this section, only if (at the time such amounts were expended) the State has fulfilled all of the requirements of section 627(b) of this title.
No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) of this section and has remained in voluntary placement for a period in excess of 180 days, unless there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child.
For the purposes of this part and part B of this subchapter, (1) the term "voluntary placement" means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency and signed a voluntary placement agreement; and (2) the term "voluntary placement agreement" means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement.
In any case where -
For purposes of subchapters XIX and XX of this chapter, any child with respect to whom foster care maintenance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter. For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section.
REASONABLE EFFORTS MANDATES - a "safeguard' to parents and children that families not be traumatized due to needless separation from each other
IN THE EVENT OF 'EMERGENCY REMOVAL' of a child from his home - a "safeguard' to parents and children that due process will be guaranteed by informed, unbiased judiciaries, who are to mandate accountability for 'reasonable efforts', that 'Child Protection' agencies be mandated:
The family courts, almost without fail - accepts preprinted 'reasonable efforts' forms from caseworkers...without question
SEC.
101. CLARIFICATION OF THE REASONABLE
EFFORTS REQUIREMENT.
(a)
In General.--Section 471(a)(15) of the Social Security Act (42 U.S.C.
671(a)(15)) is amended to read as follows:
''(15)
provides that--
''(A)
in determining reasonable efforts to be made with respect to a child, as
described in this paragraph, and in making such reasonable efforts, the
child's health and safety shall be the paramount concern;
''(B) except as provided in subparagraph (D), reasonable efforts shall be made
to preserve and reunify families--
''(i)
prior to the placement of a child in foster care, to prevent or eliminate the
need for removing the child from the child's home; and
''(ii) to make it possible for a child to safely return to the child's home;
''(C)
if continuation of reasonable efforts of the type described in subparagraph
(B) is determined to be inconsistent with the permanency plan for the child,
reasonable efforts shall be made to place the child in a timely manner in
accordance with the permanency plan, and to complete whatever steps are
necessary to finalize the permanent placement of the child;
''(D) reasonable efforts of the type described in subparagraph (B) shall not
be required to be made with respect to a parent of a child if a court of
competent jurisdiction has determined that--
''(i)
the parent has subjected the child to aggravated circumstances (as defined in
State law, which definition may include but need not be limited to
abandonment, torture, chronic abuse, and sexual abuse);
''(ii) the parent has--
''(I)
committed murder (which would have been an offense under section 1111(a) of
title 18, United States Code, if the offense had occurred in the special
maritime or territorial jurisdiction of the United States) of another child of
the parent;
''(II) committed voluntary manslaughter (which would have been an offense
under section 1112(a) of title 18, United States Code, if the offense had
occurred in the special maritime or territorial jurisdiction of the United
States) of another child of the parent;
''(III) aided or abetted, attempted, conspired, or solicited to commit such a
murder or such a voluntary manslaughter; or
''(IV) committed a felony assault that results in serious bodily injury to the
child or another child of the parent; or
''(iii)
the parental rights of the parent to a sibling have been terminated
involuntarily;
''(E)
if reasonable efforts of the type described in subparagraph (B) are not made
with respect to a child as a result of a determination made by a court of
competent jurisdiction in accordance with subparagraph (D)--
''(i)
a permanency hearing (as described in section 475(5)(C)) shall be held for the
child within 30 days after the determination; and
''(ii) reasonable efforts shall be made to place the child in a timely manner
in accordance with the permanency plan, and to complete whatever steps are
necessary to finalize the permanent placement of the child; and
''(F)
reasonable efforts to place a child for adoption or with a legal guardian may
be made concurrently with reasonable efforts of the type described in
subparagraph (B);''.
(b)
Definition of Legal Guardianship.--Section 475 of such Act (42 U.S.C. 675) is
amended by adding at the end the following:
''(7)
The term 'legal guardianship' means a judicially created relationship between
child and caretaker which is intended to be permanent and self-sustaining as
evidenced by the transfer to the caretaker of the following parental rights
with respect to the child: protection, education, care and control of the
person, custody of the person, and decisionmaking. The term 'legal guardian'
means the caretaker in such a relationship.''.
(c)
Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C. 672(a)(1)) is
amended by inserting ''for a child'' before ''have been made''.
(d) Rule of Construction.--Part E of title IV of such Act (42 U.S.C. 670-679)
is amended by inserting after section 477 the following:
42
USC 678
''SEC.
478. RULE OF CONSTRUCTION.
''Nothing
in this part 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 section 471(a)(15)(D).''.
SEC.
102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.
Title
IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended--
42
USC 622.
(1)
in section 422(b)(10)(B) --
(A)
in clause (iii)(I), by inserting ''safe and'' after ''where''; and
(B) in clause (iv), by inserting ''safely'' after ''remain''; and
42
USC 675.
(2)
in section 475 --
(A)
in paragraph (1)--
(i)
in subparagraph (A), by inserting ''safety and'' after ''discussion of the'';
and
(ii) in subparagraph (B)--
(I)
by inserting ''safe and'' after ''child receives''; and
(II) by inserting ''safe'' after
(B)
in paragraph (5)--
(i)
in subparagraph (A), in the matter preceding clause (i), by inserting ''a safe
setting that is'' after ''placement in''; and
(ii) in subparagraph (B)--
(I)
by inserting ''the safety of the child,'' after ''determine''; and
(II) by inserting ''and safely maintained in'' after ''returned to''.
SEC.
103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE PARENTAL
RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.
(a)
Requirement for Proceedings.--Section 475(5) of the Social Security Act (42
U.S.C. 675(5)) is amended--
(1)
by striking ''and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting '';
and''; and
(3) by adding at the end the following:
''(E)
in the case of a child who has been in foster care under the responsibility of
the State for 15 of the most recent 22 months, or, if a court of competent
jurisdiction has determined a child to be an abandoned infant (as defined
under State law) or has made a determination that the parent has committed
murder of another child of the parent, committed voluntary manslaughter of
another child of the parent, aided or abetted, attempted, conspired, or
solicited to commit such a murder or such a voluntary manslaughter, or
committed a felony assault that has resulted in serious bodily injury to the
child or to another child of the parent, the State shall file a petition to
terminate the parental rights of the child's parents (or, if such a petition
has been filed by another party, seek to be joined as a party to the
petition), and, concurrently, to identify, recruit, process, and approve a
qualified family for an adoption, unless--
''(i)
at the option of the State, the child is being cared for by a relative;
''(ii) a State agency has documented in the case plan (which shall be
available for court review) a compelling reason for determining that filing
such a petition would not be in the best interests of the child; or
''(iii) the State has not provided to the family of the child, consistent with
the time period in the State case plan, such services as the State deems
necessary for the safe return of the child to the child's home, if reasonable
efforts of the type described in section 471(a)(15)(B)(ii) are required to be
made with respect to the child.''.
(b)
Determination of Beginning of Foster Care.--Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)), as amended by subsection (a), is amended--
(1)
by striking ''and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting '';
and''; and
(3) by adding at the end the following:
''(F)
a child shall be considered to have entered foster care on the earlier of--
''(i)
the date of the first judicial finding that the child has been subjected to
child abuse or neglect; or
''(ii) the date that is 60 days after the date on which the child is removed
from the home.''.
42
USC 675 note.
(c)
Transition Rules.--
(1)
New foster children.--In the case of a child who enters foster care (within
the meaning of section 475(5)(F) of the Social Security Act) under the
responsibility of a State after the date of the enactment of this Act--
(A)
if the State comes into compliance with the amendments made by subsection (a)
of this section before the child has been in such foster care for 15 of the
most recent 22 months, the State shall comply with section 475(5)(E) of the
Social Security Act with respect to the child when the child has been in such
foster care for 15 of the most recent 22 months; and
(B) if the State comes into such compliance after the child has been in such
foster care for 15 of the most recent 22 months, the State shall comply with
such section 475(5)(E) with respect to the child not later than 3 months after
the end of the first regular session of the State legislature that begins
after such date of enactment.
(2)
Current foster children.--In the case of children in foster care under the
responsibility of the State on the date of the enactment of this Act, the
State shall--
(A)
not later than 6 months after the end of the first regular session of the
State legislature that begins after such date of enactment, comply with
section 475(5)(E) of the Social Security Act with respect to not less than
\1/3\ of such children as the State shall select, giving priority to children
for whom the permanency plan (within the meaning of part E of title IV of the
Social Security Act) is adoption and children who have been in foster care for
the greatest length of time;
(B) not later than 12 months after the end of such first regular session,
comply with such section 475(5)(E) with respect to not less than \2/3\ of such
children as the State shall select; and
(C) not later than 18 months after the end of such first regular session,
comply with such section 475(5)(E) with respect to all of such children.
(3)
Treatment of 2-year legislative sessions.--For purposes of this subsection, in
the case of a State that has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State legislature.
(4) Requirements treated as state plan requirements.--For purposes of part E
of title IV of the Social Security Act, the requirements of this subsection
shall be treated as State plan requirements imposed by section 471(a) of such
Act.
42
USC 675 note.
(d)
Rule of Construction.--Nothing in this section or in part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, shall be
construed as precluding State courts or State agencies from initiating the
termination of parental rights for reasons other than, or for timelines
earlier than, those specified in part E of title IV of such Act, when such
actions are determined to be in the best interests of the child, including
cases where the child has experienced multiple foster care placements of
varying durations.
SEC.
104. NOTICE OF REVIEWS AND HEARINGS;
Section
475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended by section
103, is amended--
(1)
by striking ''and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting '';
and''; and
(3) by adding at the end the following:
''(G)
the foster parents (if any) of a child and any preadoptive parent or relative
providing care for the child are provided with notice of, and an opportunity
to be heard in, any review or hearing to be held with respect to the child,
except that this subparagraph shall not be construed to require that any
foster parent, preadoptive parent, or relative providing care for the child be
made a party to such a review or hearing solely on the basis of such notice
and opportunity to be heard.''.
SEC.
105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE SERVICES.
Section
453 of the Social Security Act (42 U.S.C. 653) is amended--
(1)
in subsection (a)(2)--
(A)
in the matter preceding subparagraph (A), by inserting ''or making or
enforcing child custody or visitation orders,'' after ''obligations,''; and
(B) in subparagraph (A)--
(i)
by striking ''or'' at the end of clause (ii);
(ii) by striking the comma at the end of clause (iii) and inserting ''; or'';
and
(iii) by inserting after clause (iii) the following:
''(iv) who has or may have parental rights with respect to a child,''; and
(2)
in subsection (c)--
(A)
by striking the period at the end of paragraph
(3)
and inserting ''; and''; and
(B)
by adding at the end the following:
''(4)
a State agency that is administering a program operated under a State plan
under subpart 1 of part B, or a State plan approved under subpart 2 of part B
or under part E.''.
SEC.
106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE PARENTS.
Section
471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
(1)
by striking ''and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and inserting '';
and''; and
(3) by adding at the end the following:
''(20)(A) unless an election provided for in subparagraph (B) is made with
respect to the State, provides procedures for criminal records checks for any
prospective foster or adoptive parent before the foster or adoptive parent may
be finally approved for placement of a child on whose behalf foster care
maintenance payments or adoption assistance payments are to be made under the
State plan under this part, including procedures requiring that--
''(i)
in any case in which a record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against children (including
child pornography), or for a crime involving violence, including rape, sexual
assault, or homicide, but not including other physical assault or battery, if
a State finds that a court of competent jurisdiction has determined that the
felony was committed at any time, such final approval shall not be granted;
and
''(ii) in any case in which a record check reveals a felony conviction for
physical assault, battery, or a drug-related offense, if a State finds that a
court of competent jurisdiction has determined that the felony was committed
within the past 5 years, such final approval shall not be granted; and
''(B)
subparagraph (A) shall not apply to a State plan if the Governor of the State
has notified the Secretary in writing that the State has elected to make
subparagraph (A) inapplicable to the State, or if the State legislature, by
law, has elected to make subparagraph (A) inapplicable to the State.''.
SEC.
107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A PERMANENT HOME.
Section
475(1) of the Social Security Act (42 U.S.C. 675(1)) is amended--
(1)
in the last sentence--
(A)
by striking ''the case plan must also include''; and
(B) by redesignating such sentence as subparagraph (D) and indenting
appropriately; and
(2)
by adding at the end the following:
''(E) In the case of a child with respect to whom the permanency plan is
adoption or placement in another permanent home, documentation of the steps
the agency is taking to find an adoptive family or other permanent living
arrangement for the child, to place the child with an adoptive family, a fit
and willing relative, a legal guardian, or in another planned permanent living
arrangement, and to finalize the adoption or legal guardianship. At a minimum,
such documentation shall include child specific recruitment efforts such as
the use of State, regional, and national adoption exchanges including
electronic exchange systems.''.