S 1462 ISCommentsClose CommentsPermalink

To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.CommentsClose CommentsPermalink

May 23, 2007

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Adoption Equality Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), clearly stating that a child's health and safety are paramount, and that each child deserves a permanent home.CommentsClose CommentsPermalink





(2) The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and for fiscal year 2005, States placed nearly 51,323 children from State care.CommentsClose CommentsPermalink





(3) In 2003, the Adoption Promotion Act (Public Law 108-145, 117 Stat. 1879), which reauthorized the incentive program, gave greater emphasis on moving older children into permanency.CommentsClose CommentsPermalink





(4) Despite the increase in adoptions, in 2005 more than 100,949 children in foster care have the permanency goal of adoption but are still waiting to be adopted.CommentsClose CommentsPermalink





(5) Some States have chosen to limit services provided to special needs adopted children who are not eligible for adoption assistance under part E of title IV of the Social Security Act, in effect discriminating against a child whose parental rights have been terminated by basing the child's eligibility for such assistance on the financial status of adults who are no longer the child's legal parents.CommentsClose CommentsPermalink





(6) These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after past years of abuse and neglect.CommentsClose CommentsPermalink

SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.

(a) In General- Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





`(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child--CommentsClose CommentsPermalink





`(i)(I) at the time of termination of parental rights was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include a judicial determination), that continuation in the home would be contrary to the safety or welfare of such child;CommentsClose CommentsPermalink





`(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; orCommentsClose CommentsPermalink





`(III) was residing in a foster family home or child care institution with the child's minor parent (pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include judicial determination), that continuation in the home would be contrary to the safety or welfare of such child); andCommentsClose CommentsPermalink





`(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents.CommentsClose CommentsPermalink





`(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).CommentsClose CommentsPermalink





`(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).'.CommentsClose CommentsPermalink





(b) Exception- Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that--CommentsClose CommentsPermalink





`(i) would be considered a child with special needs under subsection (c);CommentsClose CommentsPermalink





`(ii) is not a citizen or resident of the United States; andCommentsClose CommentsPermalink





`(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted.CommentsClose CommentsPermalink





`(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.'.CommentsClose CommentsPermalink





(c) Requirement for Use of State Savings- Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following:CommentsClose CommentsPermalink





`(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 3(a) of the Adoption Equality Act of 2007 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.'.CommentsClose CommentsPermalink





(d) Determination of a Child With Special Needs- Section 473(c) of the Social Security Act (42 U.S.C. 673(c)) is amended to read as follows:CommentsClose CommentsPermalink





`(c) For purposes of this section, a child shall not be considered a child with special needs unless--CommentsClose CommentsPermalink





`(1)(A) the State has determined, pursuant to a criteria established by the State (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his parents; orCommentsClose CommentsPermalink





`(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; andCommentsClose CommentsPermalink





`(2) the State has determined--CommentsClose CommentsPermalink





`(A) that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; andCommentsClose CommentsPermalink





`(B) that except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX.'.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink