HR 3070 IHCommentsClose CommentsPermalink

To encourage the development and implementation of a comprehensive, global strategy for the preservation and reunification of families and the provision of permanent parental care for orphans, and for other purposes.CommentsClose CommentsPermalink

June 26, 2009CommentsClose CommentsPermalink

Ms. WATSON (for herself and Mr. BOOZMAN) introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink

To encourage the development and implementation of a comprehensive, global strategy for the preservation and reunification of families and the provision of permanent parental care for orphans, and for other purposes.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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Families for Orphans Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings and purposes.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

TITLE I--GLOBAL ORPHANS STRATEGY

Sec. 101. Office for orphan policy diplomacy and development.CommentsClose CommentsPermalink





Sec. 102. Policy coordinating committee in support of orphan policy, diplomacy, and development.CommentsClose CommentsPermalink





Sec. 103. Minimum standards for the provision of permanent parental care.CommentsClose CommentsPermalink





Sec. 104. Grant, pilot, and development programs.CommentsClose CommentsPermalink





Sec. 105. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) A child who grows up in a permanent family in an atmosphere of happiness, love, and understanding has the best opportunity for the full and harmonious development of his or her potential.CommentsClose CommentsPermalink





(2) The right of a child to grow up in a safe, loving and permanent loving relationship with a responsible adult is a basic human right.CommentsClose CommentsPermalink





(3) The safety and well being of children should be the paramount concern of child welfare policies and programs.CommentsClose CommentsPermalink





(4) As stated in the United Nations Programme for the International Year of the Family (1994), ‘the family provides the natural framework for the emotional, financial, and material support essential to the growth and development of its members, particularly infants and children.’.CommentsClose CommentsPermalink





(5) Cost benefit analysis data shows that effective, high quality interventions to improve parenting skills and reduce child maltreatment save between $2 and $8 dollars for every dollar spent.CommentsClose CommentsPermalink





(6) Despite the good efforts of countless governments and nongovernmental organizations, millions of children remain outside of the protection, permanency, safety, and love of a family. Without the care of a family, these children are forced to live on the streets, in child-headed households, or in institutions.CommentsClose CommentsPermalink





(7) According to UNICEF, there are more than 132,000,000 orphans worldwide. Unless immediate action is taken, the number of orphans is expected to increase over time.CommentsClose CommentsPermalink





(8) According to Dr. Dana Johnson at the University of Minnesota, lack of stimulation and consistent caregivers, suboptimal nutrition and physical/sexual abuse all conspire to delay and sometimes preclude normal development, speech acquisition and attainment of necessary social skills. Children lose one month of linear growth for every three months in an orphanage.CommentsClose CommentsPermalink





(9) Research indicates that infants who do not receive touching, holding, and stimulation fail to thrive and may suffer life-affecting physical and emotional stressors, if not death.CommentsClose CommentsPermalink





(10) Although governments throughout the world are seeking models for preventing institutionalization and finding permanent families for orphaned children, many lack the resources or infrastructure to adequately address this need.CommentsClose CommentsPermalink





(11) As a result of its efforts to protect its children from abuse and neglect, the United States has amassed a vast body of research, policy, and the professional capacity to promote safety, permanency and well-being for children and youth so they can become healthy and successful adults.CommentsClose CommentsPermalink





(12) Despite the fact that the United States invests $300,000,000,000 annually in international aid programs that are improving the health, safety and well-being of children throughout the world, it is unclear how much of this funding is used to support the preservation and reunification of families or the provision of permanent parental care.CommentsClose CommentsPermalink





(13) Greater coordination is needed between Federal bureaus and agencies with an interest in orphan care policy. Such efforts would be assisted greatly by the development of a comprehensive global strategy for providing permanent parental care for orphans.CommentsClose CommentsPermalink





(14) Despite the United States’ interest in developing a comprehensive global strategy for providing permanent parental care for orphans, the United States lacks a clear, dedicated diplomatic authority to represent these interests.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are to--CommentsClose CommentsPermalink





(1) provide the infrastructure and resources necessary for the United States to develop and implement a comprehensive, global strategy for the preservation and reunification of families and the provision of permanent parental care for orphans;CommentsClose CommentsPermalink





(2) streamline and coordinate United States policies and programs related to the preservation and reunification of families and the provision of permanent parental care for orphans;CommentsClose CommentsPermalink





(3) encourage and assist foreign governments in the development and implementation of effective child welfare policies, systems, and programs that preserve and reunify families and provide permanent parental care for orphans;CommentsClose CommentsPermalink





(4) ensure that all aid efforts receiving funding from the United States recognize and support the need for the preservation and reunification of families and the provision of permanent parental care for orphans; andCommentsClose CommentsPermalink





(5) build global awareness of the need for the preservation and reunification of families and the provision of permanent parental care for orphans.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DEINSTITUTIONALIZATION- The term ‘deinstitutionalization’ means the process of safely moving youth from institutions to--CommentsClose CommentsPermalink





(A) permanent parental care; orCommentsClose CommentsPermalink





(B) temporary alternatives designed to lead to permanent parental care.CommentsClose CommentsPermalink





(2) FAMILY AT RISK OF DISSOLUTION- The term ‘family at risk of dissolution’ means a family under circumstances which--CommentsClose CommentsPermalink





(A) compromise the health, safety and well-being of minor, dependent children to an extent that the parental caregivers may be compelled to voluntarily or involuntarily forfeit care parental rights or custody of such children; orCommentsClose CommentsPermalink





(B) are likely to cause the parents to abandon or relinquish rights to minor, dependent children.CommentsClose CommentsPermalink





(3) FAMILY PRESERVATION- The term ‘family preservation’ means services for children and families designed to promote the safety and well-being of children and families and to help families (at risk or in crisis, including community-based family support, social, therapeutic, and financial programs and services designed to--CommentsClose CommentsPermalink





(A) enable families to provide safe, permanent, and nurturing care to their children; andCommentsClose CommentsPermalink





(B) strengthen and support birth families who are at risk of dissolution, separation, or domestic violence.CommentsClose CommentsPermalink





(4) REUNIFICATION- The term ‘reunification’ means time-limited services and activities provided to an orphan in order to facilitate the safe and timely reunification of the child and parent.CommentsClose CommentsPermalink





(5) INSTITUTION- The term ‘institution’ means--CommentsClose CommentsPermalink





(A) an orphanage;CommentsClose CommentsPermalink





(B) a children’s home;CommentsClose CommentsPermalink





(C) a boarding school for orphans;CommentsClose CommentsPermalink





(D) a shelter;CommentsClose CommentsPermalink





(E) a residential facility;CommentsClose CommentsPermalink





(F) a hospital;CommentsClose CommentsPermalink





(G) a dormitory;CommentsClose CommentsPermalink





(H) long-term foster care; andCommentsClose CommentsPermalink





(I) any other setting in which permanent parental care is not being provided to the child.CommentsClose CommentsPermalink





(6) INSTITUTIONALIZED CHILD- The term ‘institutionalized child’ is a child who is--CommentsClose CommentsPermalink





(A) younger than 21 years of age; andCommentsClose CommentsPermalink





(B) living in an institution.CommentsClose CommentsPermalink





(7) ORPHAN- The term ‘orphan’ means any child--CommentsClose CommentsPermalink





(A) who lacks permanent parental care because of the death, the disappearance of, or the legal, permanent relinquishment of such child by both biological parents;CommentsClose CommentsPermalink





(B) who is living in the care and custody of an institution;CommentsClose CommentsPermalink





(C) whose biological parents’ rights have been legally terminated; orCommentsClose CommentsPermalink





(D) whose country of origin has determined lacks permanent parental care.CommentsClose CommentsPermalink





(8) PERMANENT PARENTAL CARE- The term ‘permanent parental care’--CommentsClose CommentsPermalink





(A) means a legally recognized relationship between a adult and a child who is younger than 21 years of age, which is life-long and provides a caring, safe, stable physical environment;CommentsClose CommentsPermalink





(B) includes--CommentsClose CommentsPermalink





(i) domestic and international adoption;CommentsClose CommentsPermalink





(ii) legal guardianship; andCommentsClose CommentsPermalink





(iii) legal kinship care; andCommentsClose CommentsPermalink





(C) does not include temporary or long-term foster care, institutionalization, or mentoring.CommentsClose CommentsPermalink





(9) LEGAL GUARDIANSHIP- The term ‘legal guardianship’ means a legally recognized relationship between child and caretaker which is intended to be permanent and is evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, custody, and decisionmaking.CommentsClose CommentsPermalink





(10) LEGAL KINSHIP- The term ‘legal kinship’ means a legally recognized relationship between child and caretaker which is intended to be permanent and is evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, custody, and decisionmaking.CommentsClose CommentsPermalink





(11) ADOPTION SUPPORT SERVICES- The term ‘adoption support services’ means services and activities designed to encourage when adoption is found to be in the best interests of children, including but not limited to pre- and post-adoptive services; activities designed to expedite the adoption process and support adoptive families.CommentsClose CommentsPermalink

TITLE I--GLOBAL ORPHANS STRATEGYCommentsClose CommentsPermalink

SEC. 101. OFFICE FOR ORPHAN POLICY DIPLOMACY AND DEVELOPMENT.

(a) Establishment- There is established within the Department of State the Office for Orphan Policy Diplomacy and Development (referred to in this section as the ‘Office’), which shall promote and support--CommentsClose CommentsPermalink





(1) the preservation and reunification of families; andCommentsClose CommentsPermalink





(2) the provision of permanent parental care for orphans.CommentsClose CommentsPermalink





(b) Coordinator-CommentsClose CommentsPermalink





(1) APPOINTMENT- The Office shall be headed by the Coordinator for Orphan Policy Diplomacy and Development (referred to in this section as the ‘Coordinator’), who shall be designated by the President.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- To the extent possible, the Coordinator shall be an individual with background and experience in the development of permanency related policies and systems.CommentsClose CommentsPermalink





(3) DUTIES- The Coordinator shall--CommentsClose CommentsPermalink





(A) oversee and coordinate--CommentsClose CommentsPermalink





(i) all programs and duties described in this Act; andCommentsClose CommentsPermalink





(ii) all other activities that the United States Government conducts in furtherance of the purposes of this Act; andCommentsClose CommentsPermalink





(B) carry out the functions described in subsection (c).CommentsClose CommentsPermalink





(4) AUTHORITY- The Coordinator will report directly to the Secretary of State.CommentsClose CommentsPermalink





(c) Functions-CommentsClose CommentsPermalink





(1) ADVISORY- Unless otherwise specified in law, the Coordinator shall serve as the primary advisor to the Secretary of State and the President in all matters related to--CommentsClose CommentsPermalink





(A) global family preservation and reunification; andCommentsClose CommentsPermalink





(B) the provision of permanent parental care for orphans.CommentsClose CommentsPermalink





(2) DIPLOMATIC REPRESENTATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to the direction of the President and the Secretary of State, the Coordinator shall represent the United States in matters and cases relevant to family preservation and reunification and permanent parental care in--CommentsClose CommentsPermalink





(i) contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, and specialized agencies of the United Nations and other international organizations of which the United States is a member;CommentsClose CommentsPermalink





(ii) multilateral conferences and meetings relevant to family preservation, reunification, and permanent parental care for orphaned children; andCommentsClose CommentsPermalink





(iii) fulfillment of the diplomatic responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 14911 et seq.).CommentsClose CommentsPermalink





(B) WAIVER- The Secretary of State may waive the requirements of subparagraph (A) if--CommentsClose CommentsPermalink





(i) representation by the Coordinator would interfere with the Secretary’s constitutional duty to represent the United States; orCommentsClose CommentsPermalink





(ii) representation by another high level official would be more appropriate or beneficial.CommentsClose CommentsPermalink





(3) POLICY DEVELOPMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Coordinator shall--CommentsClose CommentsPermalink





(i) advise and support the Secretary of State in the development of a comprehensive, global strategy to promote the preservation and reunification of families and the provision of permanent parental care for orphans; andCommentsClose CommentsPermalink





(ii) advise and support foreign governments with the development of sound policy regarding--CommentsClose CommentsPermalink





(I) preservation and reunification of families; andCommentsClose CommentsPermalink





(II) the provision of permanent parental care for orphans.CommentsClose CommentsPermalink





(B) BEST PRACTICES- In developing policies under this Act, the Coordinator should identify and engage evidence-based programs and best practices in family preservation, reunification and permanent parental care derived from a wide variety of both domestic and global policy and practice leaders.CommentsClose CommentsPermalink





(C) CULTURAL SENSITIVITY- In developing policies under this Act, the Coordinator should take into account cultural norms for each country to the extent consistent with the overall purposes of this Act.CommentsClose CommentsPermalink





(D) PRINCIPLE OF SUBSIDIARITY- In developing policies and programs under this Act, the Coordinator should--CommentsClose CommentsPermalink





(i) attempt to reunify children with their family before pursuing adoption, legal kinship or legal guardianship and domestic adoption; andCommentsClose CommentsPermalink





(ii) ensure that reasonable efforts have been made to provide permanent parental care domestically before international.CommentsClose CommentsPermalink





(E) TECHNICAL ASSISTANCE- The Coordinator shall provide technical assistance to foreign countries to help build their capacities to strengthen family preservation, reunification, and permanent parental care policies, services, and practices, including--CommentsClose CommentsPermalink





(i) assistance with the drafting, disseminating, and implementing of legislation for family preservation and reunification and the provision of permanent parental care;CommentsClose CommentsPermalink





(ii) assistance with the development of systems designed to support family preservation, reunification and permanent parental care for institutionalized orphans;CommentsClose CommentsPermalink





(iii) assistance with the establishment of public, private, and faith- and community-based partnerships designed to support the preservation and reunification of families and permanent parental care for orphans;CommentsClose CommentsPermalink





(iv) assistance with the development of workforce training for governmental and nongovernmental staff working to support the preservation and reunification of families and permanent parental care for orphans; andCommentsClose CommentsPermalink





(v) assistance with infrastructure development and data collection techniques necessary to--CommentsClose CommentsPermalink





(I) support the biennial census required under paragraph (6)(A);CommentsClose CommentsPermalink





(II) collect permanency indicators described in paragraph (6)(B);CommentsClose CommentsPermalink





(III) collect the data necessary to determine to what extent countries meet the minimum standards described in section 103; andCommentsClose CommentsPermalink





(IV) organizing exchanges for child welfare, adoption, and other social service professionals working to support the preservation and reunification of families and permanent parental care for orphans.CommentsClose CommentsPermalink





(F) PRESERVATION OF THE FAMILY AND PERMANENT PARENTAL CARE CONFERENCE- In fiscal year 2011, and every 2 years thereafter, the Secretary of State--CommentsClose CommentsPermalink





(i) shall conduct a conference on best practices and successful strategies for the preservation and reunification of families and the provision of permanent parental care for orphans;CommentsClose CommentsPermalink





(ii) share and address key issues relative to--CommentsClose CommentsPermalink





(I) the most current biennial census data collected under paragraph (6)(A);CommentsClose CommentsPermalink





(II) the permanency indicator data collected under paragraph (6)(B); andCommentsClose CommentsPermalink





(III) the data collected from the Global Best Practices Pilot Program under section 104(c);CommentsClose CommentsPermalink





(iii) disseminate information regarding best practices for building country and regional capacity to decrease the number of orphans;CommentsClose CommentsPermalink





(iv) disseminate information regarding strategies for financially sustaining activities to support family preservation and reunification and permanent parental care;CommentsClose CommentsPermalink





(v) disseminate information regarding best practices in international adoption and in preventing corruption; andCommentsClose CommentsPermalink





(vi) disseminate best methods and practices for assessing progress and quality for moving children into permanent parental care in a safe and timely way.CommentsClose CommentsPermalink





(4) COORDINATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Office shall coordinate the foreign policy and assistance of the United States in support of--CommentsClose CommentsPermalink





(i) families at risk of dissolution; andCommentsClose CommentsPermalink





(ii) orphans in need of permanent parental care.CommentsClose CommentsPermalink





(B) COORDINATION BETWEEN DOMESTIC AND INTERNATIONAL POLICY- To the extent possible, the Coordinator shall work with the Secretary of Health and Human Services to maintain consistency between United States foreign and domestic policy on family preservation and reunification and permanent parental care.CommentsClose CommentsPermalink





(5) COMMUNICATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Office shall build global awareness of its purpose and activities.CommentsClose CommentsPermalink





(B) WEBSITE- To carry out subparagraph (A), the Office shall maintain a Website that includes--CommentsClose CommentsPermalink





(i) a description of the global problems related to orphans and children in institutional and temporary non-family care;CommentsClose CommentsPermalink





(ii) the status of activities being carried out by the Office;CommentsClose CommentsPermalink





(iii) the progress made by the Office to achieve its goals;CommentsClose CommentsPermalink





(iv) current research, reports, policy, training opportunities, evaluation, and methodology describing best practices;CommentsClose CommentsPermalink





(v) information collected by the biennial census under paragraph (6)(A);CommentsClose CommentsPermalink





(vi) permanency indicators collected under paragraph (6)(B);CommentsClose CommentsPermalink





(vii) the annual report submitted to Congress under paragraph (6)(C);CommentsClose CommentsPermalink





(viii) the status of site results for the study of global best practices conducted under section 104(c)(1);CommentsClose CommentsPermalink





(ix) requests for proposals, grant or contract awards, amounts, purposes, and lessons learned during implementation; andCommentsClose CommentsPermalink





(x) a summary of the scope and progress of country projects funded by the Office.CommentsClose CommentsPermalink





(6) REPORTS, RESEARCH, AND ASSESSMENTS-CommentsClose CommentsPermalink





(A) BIENNIAL CENSUS OF CHILDREN WITHOUT PERMANENT PARENTAL CARE-CommentsClose CommentsPermalink





(i) IN GENERAL- Not later than December 31, 2010, and every 2 years thereafter, the Office shall develop, oversee, support, and publish the results of a census of all children who live outside permanent parental care. The census shall enumerate the number of children, categorized by sex and age, who reside--CommentsClose CommentsPermalink





(I) in a public or private orphanage;CommentsClose CommentsPermalink





(II) in a hospital or other medical institution or treatment facility;CommentsClose CommentsPermalink





(III) in temporary or long-term family-based foster care;CommentsClose CommentsPermalink





(IV) in a group home;CommentsClose CommentsPermalink





(V) in a residential or congregational facility, regardless of the availability of treatment services;CommentsClose CommentsPermalink





(VI) in kinship care without legal status or the presence of adult family members; orCommentsClose CommentsPermalink





(VII) in a dormitory or other permanent or temporary living situation in which a government or nongovernmental organization places children who do not have parental care.CommentsClose CommentsPermalink





(ii) CENSUS COUNTRIES- The data collected under clause (i) shall include all member countries of the United Nations.CommentsClose CommentsPermalink





(iii) DELEGATE- The Coordinator may delegate the responsibility for conducting the census to a third party if--CommentsClose CommentsPermalink





(I) such party has expertise in human or social services and international quantitative data collection and analysis; andCommentsClose CommentsPermalink





(II) such a delegation is consistent with the overall goals of this Act.CommentsClose CommentsPermalink





(B) PERMANENCY INDICATORS FOR CHILDREN WITHOUT PERMANENT PARENTAL CARE-CommentsClose CommentsPermalink





(i) IN GENERAL- The Office shall collect available data related to a series of policy and practice indicators on the capacity of foreign governments to offer permanency as an option for orphaned children.CommentsClose CommentsPermalink





(ii) DATA- Data collected under clause (i) shall include--CommentsClose CommentsPermalink





(I) the number of families provided preservation services and the number of such families that remained intact after receiving such services;CommentsClose CommentsPermalink





(II) the number of children in institutions who were reunified with their respective families;CommentsClose CommentsPermalink





(III) the number of children placed in a permanent family through domestic adoption and the living situation of such children before such permanent placement;CommentsClose CommentsPermalink





(IV) the number of children who were placed in a permanent family through legal guardianship and their living situation before such permanent placement;CommentsClose CommentsPermalink





(V) the number of children who were placed in a permanent family through international adoption and the living situation of such children before such permanent placement;CommentsClose CommentsPermalink





(VI) the number of children who were placed in legal or informal kinship care and their placement pre-kinship care;CommentsClose CommentsPermalink





(VII) the number of children who moved from temporary foster care to long-term foster care;CommentsClose CommentsPermalink





(VIII) the number of children who re-entered institutional care after moving into permanent parental care; andCommentsClose CommentsPermalink





(IX) the length of time children are spending in institutional or foster care.CommentsClose CommentsPermalink





(iii) DELEGATE- The Coordinator may delegate the responsibility for collecting data on permanency indicators under this paragraph to a third party if--CommentsClose CommentsPermalink





(I) the third party has expertise in human or social services and international quantitative data collection; andCommentsClose CommentsPermalink





(II) such a delegation is consistent with the overall goals of this Act.CommentsClose CommentsPermalink





(iv) CONSULTATION- The Coordinator may consult with the Millennium Challenge Corporation, the Department of Homeland Security, the United States Agency for International Development, the United Nations, the United States Department of Health and Human Services, UNICEF, the World Health Organization, and other aid- or child welfare-related networks and organizations to--CommentsClose CommentsPermalink





(I) identify and expand existing reporting networks; andCommentsClose CommentsPermalink





(II) refine common definitions of indicators.CommentsClose CommentsPermalink





(v) UNITED STATES INDICATORS- The Secretary of Health and Human Services shall provide the Coordinator with the information required to be collected under this paragraph relating to individuals and families residing in the United States.CommentsClose CommentsPermalink





(vi) REPORT- Not later than December 31, 2011, and every 2 years thereafter, the Office shall publish a report that includes the data described in clause (ii).CommentsClose CommentsPermalink





(C) ANNUAL REPORT TO CONGRESS- Not later than September 1 of each year, the Secretary of State shall submit to Congress an annual report that includes--CommentsClose CommentsPermalink





(i) a description of the global status of orphans;CommentsClose CommentsPermalink





(ii) a description of the activities of the Office in support of family preservation and reunification and permanent parental care for orphans;CommentsClose CommentsPermalink





(iii) estimates from the most recent biennial census of the number of children living without permanent parental care;CommentsClose CommentsPermalink





(iv) a description of the status of family preservation, reunification, and permanent parental care initiatives underway in each foreign country receiving financial assistance under this Act;CommentsClose CommentsPermalink





(v) a description of--CommentsClose CommentsPermalink





(I) the major challenges faced by governments that are resulting in an increase in the numbers of orphans; andCommentsClose CommentsPermalink





(II) barriers which are preventing governments from achieving permanent parental care for orphans;CommentsClose CommentsPermalink





(vi) trends in increasing or decreasing risks for orphans and families at risk of dissolution;CommentsClose CommentsPermalink





(vii) a listing of the governments that do not meet minimum standards described in section 103(a);CommentsClose CommentsPermalink





(viii) trends toward improvement in family preservation and reunification;CommentsClose CommentsPermalink





(ix) trends in domestic and international adoption, foster care, and institutional care;CommentsClose CommentsPermalink





(x) the most current permanency indicators described in subparagraph (B); andCommentsClose CommentsPermalink





(xi) movement toward implementation of permanency related laws and conventions.CommentsClose CommentsPermalink





(7) GRANTS- The Office shall oversee the provision of technical and financial assistance, including grants, pilot programs, and demonstrations, to governments and nongovernmental organizations to promote family preservation, reunification, and permanent parental care for orphans.CommentsClose CommentsPermalink

SEC. 102. POLICY COORDINATING COMMITTEE IN SUPPORT OF ORPHAN POLICY, DIPLOMACY, AND DEVELOPMENT.

(a) Establishment- The President shall establish an interagency policy coordinating committee (referred to in this section as the ‘Policy Coordinating Committee’), which shall monitor and support international efforts in family preservation, family reunification, and permanent parental care for orphans.CommentsClose CommentsPermalink





(b) Appointment- The President shall appoint the members of the Policy Coordinating Committee, which shall include--CommentsClose CommentsPermalink





(1) the Secretary of State, who shall serve as Chair;CommentsClose CommentsPermalink





(2) the Administrator of the United States Agency for International Development;CommentsClose CommentsPermalink





(3) the Attorney General;CommentsClose CommentsPermalink





(4) the Secretary of Health and Human Services;CommentsClose CommentsPermalink





(5) the Secretary of Homeland Security; andCommentsClose CommentsPermalink





(6) any other Government official appointed by the President.CommentsClose CommentsPermalink





(c) Activities of Committee- The Policy Coordinating Committee shall provide advice to the Office for Orphan Policy Diplomacy and Development regarding--CommentsClose CommentsPermalink





(1) the development of a comprehensive global strategy in accordance with the minimum standards of this Act;CommentsClose CommentsPermalink





(2) financial support of programs that assist countries in developing child welfare systems that--CommentsClose CommentsPermalink





(A) preserve and reunify families; andCommentsClose CommentsPermalink





(B) provide permanent parental care for orphans.CommentsClose CommentsPermalink





(3) advocacy efforts with governments, nongovernmental organizations, and other entities to advance the purposes of this Act; andCommentsClose CommentsPermalink





(4) the collection of data through significant research on family preservation, reunification, and permanent parental care methods for orphans.CommentsClose CommentsPermalink





(d) Working Groups- Members of the Policy Coordinating Committee may create small working groups within their respective agencies to support and advise their work on behalf of the Policy Coordinating Committee.CommentsClose CommentsPermalink

SEC. 103. MINIMUM STANDARDS FOR THE PROVISION OF PERMANENT PARENTAL CARE.

(a) Minimum Standards- A country meets the minimum standards for the provision of permanent parental care by a partner country if--CommentsClose CommentsPermalink





(1) the government of the country has laws, practices and judicial standards that--CommentsClose CommentsPermalink





(A) protect children from abuse and neglect;CommentsClose CommentsPermalink





(B) are aimed at reducing the number of abandoned children;CommentsClose CommentsPermalink





(C) are aimed at preserving families at risk of dissolution;CommentsClose CommentsPermalink





(D) are aimed at safely and appropriately reunifying orphans and institutionalized children with their families;CommentsClose CommentsPermalink





(E) promote legal guardianship and kinship care;CommentsClose CommentsPermalink





(F) promote domestic adoption;CommentsClose CommentsPermalink





(G) allow for international adoption; andCommentsClose CommentsPermalink





(H) promote the physical and emotional well-being and protection of children while they are waiting for reunification or placement with a permanent family;CommentsClose CommentsPermalink





(2) the government of the country is--CommentsClose CommentsPermalink





(A) keeping a significant percentage of families at risk of dissolution intact;CommentsClose CommentsPermalink





(B) reuniting a significant percentage of orphans and institutionalized children with safe families and relatives; andCommentsClose CommentsPermalink





(C) moving a significant percentage of orphans into permanent parental care when it is determined that they cannot be reunified; andCommentsClose CommentsPermalink





(3) the numbers of children aging out of institutions or foster care in such country is decreasing by a significant percentage each year.CommentsClose CommentsPermalink





(b) Criteria- A country is eligible for assistance from the Office for Orphan Policy Diplomacy and Development under this Act if the government of the country--CommentsClose CommentsPermalink





(1) publicly acknowledges the need for family preservation, reunification and permanent parental care for orphans; andCommentsClose CommentsPermalink





(2) demonstrates a commitment to develop improved laws, policies, infrastructures, and training programs to preserve and reunify with safe families and provide permanent parental care for orphans by--CommentsClose CommentsPermalink





(A) developing formal strategic plans to develop laws and infrastructure to address shortcomings related to meeting the minimum standards described in subsection (a);CommentsClose CommentsPermalink





(B) allocating resources to study the issues described in subparagraph (A); orCommentsClose CommentsPermalink





(C) expending or setting aside sufficient funds, to help build child welfare and judicial infrastructure and enact laws to address shortcomings related to meeting such minimum standards.CommentsClose CommentsPermalink

SEC. 104. GRANT, PILOT, AND DEVELOPMENT PROGRAMS.

(a) Assistance to Foreign Governments- Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 135, as added by section 5(a) of Public Law 109-121, as section 137; andCommentsClose CommentsPermalink





(2) by inserting after section 135, as added by section 3 of Public Law 109-95, the following:CommentsClose CommentsPermalink

‘SEC. 136. ASSISTANCE TO FOREIGN GOVERNMENTS.

‘(a) Assistance To Meet Minimum Standards- The President is authorized to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to assist the country to meet the minimum standards described in section 103(a) of the Families for Orphans Act of 2009.CommentsClose CommentsPermalink





‘(b) Assistance to Foreign Governments That Meet Minimum Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The President is authorized to provide assistance, including trade and debt relief, to any foreign country that demonstrates success in meeting the majority of the minimum standards and other goals described in paragraph (2).CommentsClose CommentsPermalink





‘(2) PLAN- The government of a country desiring assistance under this subsection shall demonstrate a commitment to meeting the minimum standards described in section 103(a) of the Families for Orphans Act of 2009 by independently, or with assistance from the Office for Orphan Policy Diplomacy and Development, developing--CommentsClose CommentsPermalink





‘(A) a detailed, long-term strategic plan for meeting such minimum standards and related long-range goals; andCommentsClose CommentsPermalink





‘(B) a 1-year or 2-year operational plan that describes the immediate steps that the foreign government will take toward meeting such minimum standards.’.CommentsClose CommentsPermalink





(b) Assistance in Support of Family Preservation, Reunification and Permanent Parental Care for Orphans-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of State is authorized to make grants to nongovernmental agencies working to promote permanent parental care for orphans, in accordance with the results of the global best practices study conducted under subsection (c).CommentsClose CommentsPermalink





(2) USE OF FUNDS- Grants received under this subsection can be used to--CommentsClose CommentsPermalink





(A) improve public policy in support of the preservation and reunification of families and permanent parental care for orphans;CommentsClose CommentsPermalink





(B) reduce the number of children abandoned;CommentsClose CommentsPermalink





(C) reduce the number of families at risk of dissolution;CommentsClose CommentsPermalink





(D) increase the number of children reunified with their parents;CommentsClose CommentsPermalink





(E) increase the number of children obtaining legal guardianship and kinship care;CommentsClose CommentsPermalink





(F) increase the number of children placed for adoption domestically;CommentsClose CommentsPermalink





(G) support international adoption for children who cannot be adopted domestically, or reunified with their biological parents;CommentsClose CommentsPermalink





(H) draft laws and develop systems designed to promote ethical, evidence-based practice in international adoption;CommentsClose CommentsPermalink





(I) increase the level of expertise and understanding of foreign governments working to preserve and reunify families and promote permanent parental care for orphans;CommentsClose CommentsPermalink





(J) create and support connections with caring, committed adults to older children at risk of or in the process of aging out of institutional care;CommentsClose CommentsPermalink





(K) develop mentoring, visitation and foster adopt programs aimed at recruiting a larger number of individuals willing to provide permanent parental care for orphans;CommentsClose CommentsPermalink





(L) increase adoption support services; andCommentsClose CommentsPermalink





(M) create and improve child welfare and judicial infrastructures, that strengthen and support permanent family care for orphans.CommentsClose CommentsPermalink





(3) ELIGIBILITY CRITERIA- To the extent possible, grants shall be awarded under this subsection to organizations that have demonstrated--CommentsClose CommentsPermalink





(A) experience in the area of child welfare and judicial policy, family preservation, reunification, permanent parental care for orphans;CommentsClose CommentsPermalink





(B) success in working with the in-country governmental agencies responsible for care of children; andCommentsClose CommentsPermalink





(C) adherence to the child welfare laws of the foreign government in which such organizations are located.CommentsClose CommentsPermalink





(c) Global Best Practices-CommentsClose CommentsPermalink





(1) STUDY ON GLOBAL BEST PRACTICES-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall initiate a study to identify global best practices for--CommentsClose CommentsPermalink





(i) preserving and reunifying families; andCommentsClose CommentsPermalink





(ii) providing permanent parental care for orphans.CommentsClose CommentsPermalink





(B) IDENTIFICATION OF FACTORS- In conducting the study under subparagraph (A), the Secretary shall identify--CommentsClose CommentsPermalink





(i) evidence-based programs that are demonstrated to provide permanent parental care in a timely manner;CommentsClose CommentsPermalink





(ii) policy and practices that result in increased deinstitutionalization of children;CommentsClose CommentsPermalink





(iii) legislation globally that requires and supports permanent parental care;CommentsClose CommentsPermalink





(iv) factors that decrease the dissolution of families; andCommentsClose CommentsPermalink





(v) best practices for promoting ethical international adoption practices.CommentsClose CommentsPermalink





(C) REPORT- Not later than 1 year after initiating the study under this paragraph, the Secretary shall publish a report on the best practices identified in the study.CommentsClose CommentsPermalink





(D) USE OF STUDY RESULTS- The Secretary shall use the results of the study conducted under this paragraph to guide and inform--CommentsClose CommentsPermalink





(i) the award of all grants under this Act; andCommentsClose CommentsPermalink





(ii) all activities in the global best practices pilot program carried out under paragraph (2).CommentsClose CommentsPermalink





(2) GLOBAL BEST PRACTICES PILOT PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- Upon completing the study described in paragraph (1), the Secretary of State shall establish and carry out a global best practices pilot program.CommentsClose CommentsPermalink





(B) PURPOSES- The purposes of the program established pursuant to subparagraph (A) shall be to--CommentsClose CommentsPermalink





(i) demonstrate how research-based policies and programs to provide orphans with permanent parental care can be successfully implemented;CommentsClose CommentsPermalink





(ii) establish model programs that, once tested for effectiveness, will be available, replicable, and adaptable on a global basis;CommentsClose CommentsPermalink





(iii) identify a comprehensive series of interventions, which result in family preservation, reunification, and permanent parental care for orphans; andCommentsClose CommentsPermalink





(iv) determine which in-country factors enhance or negate efforts to achieve family preservation, reunification and permanent parental care for orphans.CommentsClose CommentsPermalink





(C) SELECTION OF SITES-CommentsClose CommentsPermalink





(i) NUMBER OF SITES- In carrying out the pilot program established under this paragraph, the Secretary of State shall select and establish not fewer than 5 sites, each of which shall be located in a different region of the world.CommentsClose CommentsPermalink





(ii) PRIORITIES- In selecting sites under clause (i), the Secretary shall consider--CommentsClose CommentsPermalink





(I) cultural, geographic, and economic diversity of countries included in the region;CommentsClose CommentsPermalink





(II) whether governments within the region have sufficient infrastructure and capacity to support the pilot program; andCommentsClose CommentsPermalink





(III) the incidence of abandoned children and children in institutional care in the region and culture.CommentsClose CommentsPermalink





(iii) DELEGATION- The Coordinator for Orphan Policy Diplomacy and Development may delegate implementation of the pilot program under this paragraph to 1 or more organizations that have experience in the use of evidence-based programs to promote family preservation, reunification or permanent parental care for orphans.CommentsClose CommentsPermalink





(iv) ANNUAL REPORT- Not later than 1 year after the date on which the first pilot program is established under this paragraph, and each subsequent year, the Coordinator shall publish a report on the status of, and lessons learned in, the pilot program.CommentsClose CommentsPermalink

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

(1) OPERATIONS- There are authorized to be appropriated for the administrative costs associated with carrying out the duties of the Office for Orphan Policy Diplomacy and Development--CommentsClose CommentsPermalink





(A) $3,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for each subsequent fiscal year.CommentsClose CommentsPermalink





(2) ASSISTANCE TO FOREIGN GOVERNMENTS- There are authorized to be appropriated for assistance to foreign governments under section 136 of the Foreign Assistance Act of 1961--CommentsClose CommentsPermalink





(A) $5,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for each subsequent fiscal year.CommentsClose CommentsPermalink





(3) GRANTS TO SUPPORT PERMANENT PARENTAL CARE- There is authorized to be appropriated for grants under section 104(b)--CommentsClose CommentsPermalink





(A) $5,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for each subsequent fiscal year.CommentsClose CommentsPermalink





(4) GLOBAL BEST PRACTICES PILOT PROGRAM- There are authorized to be appropriated to the Secretary of State to carry out section 104--CommentsClose CommentsPermalink





(A) $3,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for each subsequent fiscal year.CommentsClose CommentsPermalink