Overview

H.R. 867

S. 511

Representative Kennelly (D-CT)

Senator Rockefeller (D-WV)

Senator Jeffords (R-VT)

Senator DeWine (R-OH)

416-5, April 30, 1997

PROVISION

H.R. 867

(Representatives Camp / Kennelly)

S. 511

(Senators Chaffee / Rockefeller / Jeffords / DeWine)

COMMENTS

1. A child's health and safety is paramount to the determination;
2. Reasonable efforts shall be made except if it is determined to be inconsistent with the permanency plan for the child.
3. States must define in law (by the first day of the first calendar quarter beginning after the close of the first regular session of the state legislature that begins after enactment) "aggravated circumstances" when reasonable efforts are unnecessary, such as abandonment, torture, chronic abuse or sexual abuse. A court of competent jurisdiction will determine if a child has been subjected to these "aggravated circumstances".
4. Certain cases are federally defined for the court. Reasonable efforts are unnecessary when parental rights with respect to a sibling have been terminated involuntarily or parental contact described in CAPTA.
5. Reasonable efforts to reunify may be made concurrently with reasonable efforts to place the child for adoption, with a legal guardian or in some other permanent living arrangement (See next section).

(Section 102)

1. A child's health and safety is paramount to the determination;
2. By 10/3/99, States must define in law when reasonable efforts are (a) unnecessary due to circumstances which endanger a child's health or safety (An illustrative list in the legislation includes cases involving murder or manslaughter of another child, felony assault to child or sibling, abandonment, torture, chronic abuse or sexual abuse) and (b) states must define when reasonable efforts are unnecessary in cases in which there are grounds for termination of parental rights without efforts first being required to reunify the child with the parent if the child is endangered.
3. If a court determines that returning a child to the child's home would endanger the child's health or safety, reasonable efforts are also unnecessary.

(Section 2)

Requires documentation of reasonable efforts to place a child with an adoptive family, a legal guardian, or another permanent placement.

(Section 7)

(Section 301)

(Section 5)

(Section 302)

(Section 3)

1. No federally defined mandatory termination of parental rights or federally-mandated time frame for decision-making
2. Termination is only dealt with in the context of state defined conditions for reasonable efforts to reunify. states must determine the cases for which there are grounds for expedited termination of parental rights without efforts first being required to reunify the child with the child's parents when the child is endangered.

(Section 102)

(Section 305)

(Eligibility for Title IV-E Adoption Assistance; see also Federal Reimbursement for Reunification)

1. Eligibility for Title IV-E Adoption Assistance is available to all special needs children and is not linked to their eligibility for AFDC (TANF), SSI and Title IV-E foster care assistance.
2. If the goal is reunification, states may allow a child to be placed with the child's parent in an "appropriate" residential treatment program and states may use Title IV-E dollars to care for that child (who otherwise would be placed in out-of-home care). (Section 303)
3. Allow Title IV-E training funds to be used for cross-agency training of child welfare, substance abuse, mental health, education, juvenile justice, probation, welfare, and court staff. Training funds to benefit all children who are in foster care or who are adopted. (Section 204)

(Expanded use of Title IV-E foster care maintenance payments; see also Promoting Adoption of Special Needs Children)

(Section 304)

(Substance Abuse Treatment and Block Grant)

1. Establishes a new priority under the Substance Abuse and Treatment Block Grant for mothers/parents with children who are clients of child welfare agencies.
2. If the goal is reunification, states may allow a child to be placed with the child's parent in an "appropriate" residential treatment program and states may use Title IV-E dollars to care for that child (who otherwise would be placed in out-of-home care). (Sections 201-3)

1. There are no additional federal funds to expand treatment slots under the Substance Abuse Treatment Block Grant.
2. There are no funds to implement a new priority group. There are only funds for cross-agency training, no specific funds for substance abuse training.
3. This does provide states with another flexible option for use of IV-E funds.

1. Substantial data reporting requirements for adoption incentive payments
2. Reports on state performance in protecting children
3. Study on Kinship Care (Sections 4, 8, 10)

1. New and substantial requirements for data from states

1. States must collect data about extent of substance abuse among child welfare clients as a grant condition of the Substance Abuse Prevention and Treatment Block grant .

1. A joint data report is required from the state substance abuse prevention and treatment agency and the state child welfare agency no later than 12 months after enactment. (Section 201)

(Section 104)

(Amendment adopted on House floor)

(Section 205)

(Section 14)

(Section 301)

(Section 6)

(Section 9)

(Section 16)