Notes on 42 U.S.C. § 670 : US Code - Notes

Search Notes on 42 U.S.C. § 670 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 470, as added Pub. L. 96-
272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501; amended
Pub. L. 99-272, title XII, Sec. 12307(d), Apr. 7, 1986, 100 Stat.
297; Pub. L. 99-514, title XVII, Sec. 1711(c)(1), Oct. 22, 1986,
100 Stat. 2784; Pub. L. 104-193, title I, Sec. 108(d)(1), Aug. 22,
1996, 110 Stat. 2166.)
REFERENCES IN TEXT
Part A of this subchapter, referred to in text, is classified to
section 601 et seq. of this title.
AMENDMENTS
1996 - Pub. L. 104-193 substituted "would have been eligible" for
"would be eligible" and inserted "(as such plan was in effect on
June 1, 1995)" after "part A of this subchapter".
1986 - Pub. L. 99-514 substituted "foster care and transitional
independent living programs for children who otherwise would be
eligible for assistance under the State's plan approved under part
A of this subchapter and adoption assistance for children with
special needs" for "foster care, adoption assistance, and
transitional independent living programs for children who otherwise
would be eligible for assistance under the State's plan approved
under part A of this subchapter (or, in the case of adoption
assistance, would be eligible for benefits under subchapter XVI of
this chapter)".
Pub. L. 99-272 substituted "foster care, adoption assistance, and
transitional independent living programs" for "foster care and
adoption assistance".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-193 effective July 1, 1997, with
transition rules relating to State options to accelerate such date,
rules relating to claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for terminated
or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of
Pub. L. 104-193, as amended, set out as an Effective Date note
under section 601 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1711(d) of Pub. L. 99-514 provided that: "The amendments
made by this section [amending this section and sections 671, 673,
and 675 of this title] shall apply only with respect to
expenditures made after December 31, 1986."
STRENGTHENING ABUSE AND NEGLECT COURTS
Pub. L. 106-314, Oct. 17, 2000, 114 Stat. 1266, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Strengthening Abuse and Neglect
Courts Act of 2000'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Under both Federal and State law, the courts play a
crucial and essential role in the Nation's child welfare system
and in ensuring safety, stability, and permanence for abused and
neglected children under the supervision of that system.
"(2) The Adoption and Safe Families Act of 1997 (Public Law 105-
89; 111 Stat. 2115) [see Short Title of 1997 Amendment note set
out under section 1305 of this title] establishes explicitly for
the first time in Federal law that a child's health and safety
must be the paramount consideration when any decision is made
regarding a child in the Nation's child welfare system.
"(3) The Adoption and Safe Families Act of 1997 promotes
stability and permanence for abused and neglected children by
requiring timely decisionmaking in proceedings to determine
whether children can safely return to their families or whether
they should be moved into safe and stable adoptive homes or other
permanent family arrangements outside the foster care system.
"(4) To avoid unnecessary and lengthy stays in the foster care
system, the Adoption and Safe Families Act of 1997 specifically
requires, among other things, that States move to terminate the
parental rights of the parents of those children who have been in
foster care for 15 of the last 22 months.
"(5) While essential to protect children and to carry out the
general purposes of the Adoption and Safe Families Act of 1997,
the accelerated timelines for the termination of parental rights
and the other requirements imposed under that Act increase the
pressure on the Nation's already overburdened abuse and neglect
courts.
"(6) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be substantially improved
by the acquisition and implementation of computerized case-
tracking systems to identify and eliminate existing backlogs, to
move abuse and neglect caseloads forward in a timely manner, and
to move children into safe and stable families. Such systems
could also be used to evaluate the effectiveness of such courts
in meeting the purposes of the amendments made by, and provisions
of, the Adoption and Safe Families Act of 1997.
"(7) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would also be improved by the
identification and implementation of projects designed to
eliminate the backlog of abuse and neglect cases, including the
temporary hiring of additional judges, extension of court hours,
and other projects designed to reduce existing caseloads.
"(8) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be further strengthened
by improving the quality and availability of training for judges,
court personnel, agency attorneys, guardians ad litem, volunteers
who participate in court-appointed special advocate (CASA)
programs, and attorneys who represent the children and the
parents of children in abuse and neglect proceedings.
"(9) While recognizing that abuse and neglect courts in this
country are already committed to the quality administration of
justice, the performance of such courts would be even further
enhanced by the development of models and educational
opportunities that reinforce court projects that have already
been developed, including models for case-flow procedures, case
management, representation of children, automated interagency
interfaces, and 'best practices' standards.
"(10) Judges, magistrates, commissioners, and other judicial
officers play a central and vital role in ensuring that
proceedings in our Nation's abuse and neglect courts are run
efficiently and effectively. The performance of those individuals
in such courts can only be further enhanced by training,
seminars, and an ongoing opportunity to exchange ideas with their
peers.
"(11) Volunteers who participate in court-appointed special
advocate (CASA) programs play a vital role as the eyes and ears
of abuse and neglect courts in proceedings conducted by, or under
the supervision of, such courts and also bring increased public
scrutiny of the abuse and neglect court system. The Nation's
abuse and neglect courts would benefit from an expansion of this
program to currently underserved communities.
"(12) Improved computerized case-tracking systems,
comprehensive training, and development of, and education on,
model abuse and neglect court systems, particularly with respect
to underserved areas, would significantly further the purposes of
the Adoption and Safe Families Act of 1997 by reducing the
average length of an abused and neglected child's stay in foster
care, improving the quality of decision-making and court services
provided to children and families, and increasing the number of
adoptions.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) Abuse and neglect courts. - The term 'abuse and neglect
courts' means the State and local courts that carry out State or
local laws requiring proceedings (conducted by or under the
supervision of the courts) -
"(A) that implement part B and part E of title IV of the
Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)
(including preliminary disposition of such proceedings);
"(B) that determine whether a child was abused or neglected;
"(C) that determine the advisability or appropriateness of
placement in a family foster home, group home, or a special
residential care facility; or
"(D) that determine any other legal disposition of a child in
the abuse and neglect court system.
"(2) Agency attorney. - The term 'agency attorney' means an
attorney or other individual, including any government attorney,
district attorney, attorney general, State attorney, county
attorney, city solicitor or attorney, corporation counsel, or
privately retained special prosecutor, who represents the State
or local agency administrating the programs under parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.) in a proceeding conducted by, or under the
supervision of, an abuse and neglect court, including a
proceeding for termination of parental rights.
"SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE THE
DATA COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND
NEGLECT COURTS.
"(a) Authority To Award Grants. -
"(1) In general. - Subject to paragraph (2), the Attorney
General, acting through the Office of Juvenile Justice and
Delinquency Prevention of the Office of Justice Programs, shall
award grants in accordance with this section to State courts and
local courts for the purposes of -
"(A) enabling such courts to develop and implement automated
data collection and case-tracking systems for proceedings
conducted by, or under the supervision of, an abuse and neglect
court;
"(B) encouraging the replication of such systems in abuse and
neglect courts in other jurisdictions; and
"(C) requiring the use of such systems to evaluate a court's
performance in implementing the requirements of parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.;
670 et seq.).
"(2) Limitations. -
"(A) Number of grants. - Not less than 20 nor more than 50
grants may be awarded under this section.
"(B) Per state limitation. - Not more than 2 grants
authorized under this section may be awarded per State.
"(C) Use of grants. - Funds provided under a grant made under
this section may only be used for the purpose of developing,
implementing, or enhancing automated data collection and case-
tracking systems for proceedings conducted by, or under the
supervision of, an abuse and neglect court.
"(b) Application. -
"(1) In general. - A State court or local court may submit an
application for a grant authorized under this section at such
time and in such manner as the Attorney General may determine.
"(2) Information required. - An application for a grant
authorized under this section shall contain the following:
"(A) A description of a proposed plan for the development,
implementation, and maintenance of an automated data collection
and case-tracking system for proceedings conducted by, or under
the supervision of, an abuse and neglect court, including a
proposed budget for the plan and a request for a specific
funding amount.
"(B) A description of the extent to which such plan and
system are able to be replicated in abuse and neglect courts of
other jurisdictions that specifies the common case-tracking
data elements of the proposed system, including, at a minimum -

"(i) identification of relevant judges, court, and agency
personnel;
"(ii) records of all court proceedings with regard to the
abuse and neglect case, including all court findings and
orders (oral and written); and
"(iii) relevant information about the subject child,
including family information and the reason for court
supervision.
"(C) In the case of an application submitted by a local
court, a description of how the plan to implement the proposed
system was developed in consultation with related State courts,
particularly with regard to a State court improvement plan
funded under section 13712 of the Omnibus Budget Reconciliation
Act of 1993 (42 U.S.C. 670 note) [now 42 U.S.C. 629h] if there
is such a plan in the State.
"(D) In the case of an application that is submitted by a
State court, a description of how the proposed system will
integrate with a State court improvement plan funded under
section 13712 of such Act if there is such a plan in the State.
"(E) After consultation with the State agency responsible for
the administration of parts B and E of title IV of the Social
Security Act (42 U.S.C. 620 et seq.; 670 et seq.) -
"(i) a description of the coordination of the proposed
system with other child welfare data collection systems,
including the statewide automated child welfare information
system (SACWIS) and the adoption and foster care analysis and
reporting system (AFCARS) established pursuant to section 479
of the Social Security Act (42 U.S.C. 679); and
"(ii) an assurance that such coordination will be
implemented and maintained.
"(F) Identification of an independent third party that will
conduct ongoing evaluations of the feasibility and
implementation of the plan and system and a description of the
plan for conducting such evaluations.
"(G) A description or identification of a proposed funding
source for completion of the plan (if applicable) and
maintenance of the system after the conclusion of the period
for which the grant is to be awarded.
"(H) An assurance that any contract entered into between the
State court or local court and any other entity that is to
provide services for the development, implementation, or
maintenance of the system under the proposed plan will require
the entity to agree to allow for replication of the services
provided, the plan, and the system, and to refrain from
asserting any proprietary interest in such services for
purposes of allowing the plan and system to be replicated in
another jurisdiction.
"(I) An assurance that the system established under the plan
will provide data that allows for evaluation (at least on an
annual basis) of the following information:
"(i) The total number of cases that are filed in the abuse
and neglect court.
"(ii) The number of cases assigned to each judge who
presides over the abuse and neglect court.
"(iii) The average length of stay of children in foster
care.
"(iv) With respect to each child under the jurisdiction of
the court -
"(I) the number of episodes of placement in foster care;
"(II) the number of days placed in foster care and the type of
placement (foster family home, group home, or special
residential care facility);
"(III) the number of days of in-home supervision; and
"(IV) the number of separate foster care placements.
"(v) The number of adoptions, guardianships, or other
permanent dispositions finalized.
"(vi) The number of terminations of parental rights.
"(vii) The number of child abuse and neglect proceedings
closed that had been pending for 2 or more years.
"(viii) With respect to each proceeding conducted by, or
under the supervision of, an abuse and neglect court -
"(I) the timeliness of each stage of the proceeding from
initial filing through legal finalization of a permanency
plan (for both contested and uncontested hearings);
"(II) the number of adjournments, delays, and continuances
occurring during the proceeding, including identification of
the party requesting each adjournment, delay, or continuance
and the reasons given for the request;
"(III) the number of courts that conduct or supervise the
proceeding for the duration of the abuse and neglect case;
"(IV) the number of judges assigned to the proceeding for the
duration of the abuse and neglect case; and
"(V) the number of agency attorneys, children's attorneys,
parent's attorneys, guardians ad litem, and volunteers
participating in a court-appointed special advocate (CASA)
program assigned to the proceeding during the duration of the
abuse and neglect case.
"(J) A description of how the proposed system will reduce the
need for paper files and ensure prompt action so that cases are
appropriately listed with national and regional adoption
exchanges, and public and private adoption services.
"(K) An assurance that the data collected in accordance with
subparagraph (I) will be made available to relevant Federal,
State, and local government agencies and to the public.
"(L) An assurance that the proposed system is consistent with
other civil and criminal information requirements of the
Federal Government.
"(M) An assurance that the proposed system will provide
notice of timeframes required under the Adoption and Safe
Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for
individual cases to ensure prompt attention and compliance with
such requirements.
"(c) Conditions for Approval of Applications. -
"(1) Matching requirement. -
"(A) In general. - A State court or local court awarded a
grant under this section shall expend $1 for every $3 awarded
under the grant to carry out the development, implementation,
and maintenance of the automated data collection and case-
tracking system under the proposed plan.
"(B) Waiver for hardship. - The Attorney General may waive or
modify the matching requirement described in subparagraph (A)
in the case of any State court or local court that the Attorney
General determines would suffer undue hardship as a result of
being subject to the requirement.
"(C) Non-federal expenditures. -
"(i) Cash or in kind. - State court or local court
expenditures required under subparagraph (A) may be in cash
or in kind, fairly evaluated, including plant, equipment, or
services.
"(ii) No credit for pre-award expenditures. - Only State
court or local court expenditures made after a grant has been
awarded under this section may be counted for purposes of
determining whether the State court or local court has
satisfied the matching expenditure requirement under
subparagraph (A).
"(2) Notification to state or appropriate child welfare agency.
- No application for a grant authorized under this section may be
approved unless the State court or local court submitting the
application demonstrates to the satisfaction of the Attorney
General that the court has provided the State, in the case of a
State court, or the appropriate child welfare agency, in the case
of a local court, with notice of the contents and submission of
the application.
"(3) Considerations. - In evaluating an application for a grant
under this section the Attorney General shall consider the
following:
"(A) The extent to which the system proposed in the
application may be replicated in other jurisdictions.
"(B) The extent to which the proposed system is consistent
with the provisions of, and amendments made by, the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115), and parts B and E of title IV of the Social Security Act
(42 U.S.C. 620 et seq.; 670 et seq.).
"(C) The extent to which the proposed system is feasible and
likely to achieve the purposes described in subsection (a)(1).
"(4) Diversity of awards. - The Attorney General shall award
grants under this section in a manner that results in a
reasonable balance among grants awarded to State courts and
grants awarded to local courts, grants awarded to courts located
in urban areas and courts located in rural areas, and grants
awarded in diverse geographical locations.
"(d) Length of Awards. - No grant may be awarded under this
section for a period of more than 5 years.
"(e) Availability of Funds. - Funds provided to a State court or
local court under a grant awarded under this section shall remain
available until expended without fiscal year limitation.
"(f) Reports. -
"(1) Annual report from grantees. - Each State court or local
court that is awarded a grant under this section shall submit an
annual report to the Attorney General that contains -
"(A) a description of the ongoing results of the independent
evaluation of the plan for, and implementation of, the
automated data collection and case-tracking system funded under
the grant; and
"(B) the information described in subsection (b)(2)(I).
"(2) Interim and final reports from attorney general. -
"(A) Interim reports. - Beginning 2 years after the date of
enactment of this Act [Oct. 17, 2000], and biannually
thereafter until a final report is submitted in accordance with
subparagraph (B), the Attorney General shall submit to Congress
interim reports on the grants made under this section.
"(B) Final report. - Not later than 90 days after the
termination of all grants awarded under this section, the
Attorney General shall submit to Congress a final report
evaluating the automated data collection and case-tracking
systems funded under such grants and identifying successful
models of such systems that are suitable for replication in
other jurisdictions. The Attorney General shall ensure that a
copy of such final report is transmitted to the highest State
court in each State.
"(g) Authorization of Appropriations. - There is authorized to be
appropriated to carry out this section, $10,000,000 for the period
of fiscal years 2001 through 2005.
"SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND NEGLECT
CASES TO PROMOTE PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.
"(a) Authority To Award Grants. - The Attorney General, acting
through the Office of Juvenile Justice and Delinquency Prevention
of the Office of Justice Programs and in collaboration with the
Secretary of Health and Human Services, shall award grants in
accordance with this section to State courts and local courts for
the purposes of -
"(1) promoting the permanency goals established in the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115); and
"(2) enabling such courts to reduce existing backlogs of cases
pending in abuse and neglect courts, especially with respect to
cases to terminate parental rights and cases in which parental
rights to a child have been terminated but an adoption of the
child has not yet been finalized.
"(b) Application. - A State court or local court shall submit an
application for a grant under this section, in such form and manner
as the Attorney General shall require, that contains a description
of the following:
"(1) The barriers to achieving the permanency goals established
in the Adoption and Safe Families Act of 1997 that have been
identified.
"(2) The size and nature of the backlogs of children awaiting
termination of parental rights or finalization of adoption.
"(3) The strategies the State court or local court proposes to
use to reduce such backlogs and the plan and timetable for doing
so.
"(4) How the grant funds requested will be used to assist the
implementation of the strategies described in paragraph (3).
"(c) Use of Funds. - Funds provided under a grant awarded under
this section may be used for any purpose that the Attorney General
determines is likely to successfully achieve the purposes described
in subsection (a), including temporarily -
"(1) establishing night court sessions for abuse and neglect
courts;
"(2) hiring additional judges, magistrates, commissioners,
hearing officers, referees, special masters, and other judicial
personnel for such courts;
"(3) hiring personnel such as clerks, administrative support
staff, case managers, mediators, and attorneys for such courts;
or
"(4) extending the operating hours of such courts.
"(d) Number of Grants. - Not less than 15 nor more than 20 grants
shall be awarded under this section.
"(e) Availability of Funds. - Funds awarded under a grant made
under this section shall remain available for expenditure by a
grantee for a period not to exceed 3 years from the date of the
grant award.
"(f) Report on Use of Funds. - Not later than the date that is
halfway through the period for which a grant is awarded under this
section, and 90 days after the end of such period, a State court or
local court awarded a grant under this section shall submit a
report to the Attorney General that includes the following:
"(1) The barriers to the permanency goals established in the
Adoption and Safe Families Act of 1997 that are or have been
addressed with grant funds.
"(2) The nature of the backlogs of children that were pursued
with grant funds.
"(3) The specific strategies used to reduce such backlogs.
"(4) The progress that has been made in reducing such backlogs,
including the number of children in such backlogs -
"(A) whose parental rights have been terminated; and
"(B) whose adoptions have been finalized.
"(5) Any additional information that the Attorney General
determines would assist jurisdictions in achieving the permanency
goals established in the Adoption and Safe Families Act of 1997.
"(g) Authorization of Appropriations. - There are authorized to
be appropriated for the period of fiscal years 2001 and 2002
$10,000,000 for the purpose of making grants under this section.
"SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM IN UNDERSERVED AREAS.
"(a) Grants To Expand CASA Programs in Underserved Areas. - The
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall make a grant to the
National Court-Appointed Special Advocate Association for the
purposes of -
"(1) expanding the recruitment of, and building the capacity
of, court-appointed special advocate programs located in the 15
largest urban areas;
"(2) developing regional, multijurisdictional court-appointed
special advocate programs serving rural areas; and
"(3) providing training and supervision of volunteers in court-
appointed special advocate programs.
"(b) Limitation on Administrative Expenditures. - Not more than 5
percent of the grant made under this subsection may be used for
administrative expenditures.
"(c) Determination of Urban and Rural Areas. - For purposes of
administering the grant authorized under this subsection, the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall determine whether an
area is one of the 15 largest urban areas or a rural area in
accordance with the practices of, and statistical information
compiled by, the Bureau of the Census.
"(d) Authorization of Appropriations. - There is authorized to be
appropriated to make the grant authorized under this section,
$5,000,000 for the period of fiscal years 2001 and 2002."
ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING
OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION
Pub. L. 103-66, title XIII, Sec. 13712, Aug. 10, 1993, 107 Stat.
655, as amended by Pub. L. 105-89, title III, Sec. 305(a)(3), Nov.
19, 1997, 111 Stat. 2130; Pub. L. 107-133, title I, Sec. 107(a)-
(d), Jan. 17, 2002, 115 Stat. 2418, which was formerly set out as
a note under this section, was renumbered section 438 of the Social
Security Act by Pub. L. 107-133, title I, Sec. 107(e), Jan. 17,
2002, 115 Stat. 2419, and is classified to section 629h of this
title.
ABANDONED INFANTS ASSISTANCE
Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, as amended by
Pub. L. 102-236, Secs. 2-8, Dec. 12, 1991, 105 Stat. 1812-1816;
Pub. L. 104-235, title II, Secs. 221, 222, Oct. 3, 1996, 110 Stat.
3091, 3092; Pub. L. 108-36, title III, Secs. 301-305, June 25,
2003, 117 Stat. 822-824, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Abandoned Infants Assistance Act
of 1988'.
"SEC. 2. FINDINGS.
"The Congress finds that -
"(1) studies indicate that a number of factors contribute to
the inability of some parents to provide adequate care for their
infants and young children and a lack of suitable shelter homes
for such infants and young children have led to the abandonment
of such infants and young children in hospitals for extended
periods;
"(2) an unacceptable number of these infants and young children
will be medically cleared for discharge, yet remain in hospitals
as boarder babies;
"(3) hospital-based child care for these infants and young
children is extremely costly and deprives them of an adequate
nurturing environment;
"(4) appropriate training is needed for personnel working with
infants and young children with life-threatening conditions and
other special needs, including those who are infected with the
human immunodeficiency virus (commonly known as 'HIV'), those who
have acquired immune deficiency syndrome (commonly known as
'AIDS'), and those who have been exposed to dangerous drugs;
"(5) infants and young children who are abandoned in hospitals
are particularly difficult to place in foster homes, and are
being abandoned in hospitals in increasing numbers by mothers
dying of acquired immune deficiency syndrome, by parents abusing
drugs, or by parents incapable of providing adequate care;
"(6) there is a need for comprehensive support services for
such infants and young children and their families and services
to prevent the abandonment of such infants and young children,
including foster care services, case management services, family
support services, respite and crisis intervention services,
counseling services, and group residential home services;
"(7) there is a need to support the families of such infants
and young children through the provision of services that will
prevent the abandonment of the infants and children; and
"(8) private, Federal, State, and local resources should be
coordinated to establish and maintain services described in
paragraph (7) and to ensure the optimal use of all such
resources.
"TITLE I - PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG
CHILDREN IN HOSPITALS
"SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.
"(a) In General. - The Secretary of Health and Human Services may
make grants to public and nonprofit private entities for the
purpose of developing, implementing, and operating projects to
demonstrate methods -
"(1) to prevent the abandonment of infants and young children,
including the provision of services to members of the natural
family for any condition that increases the probability of
abandonment of an infant or young child;
"(2) to identify and address the needs of abandoned infants and
young children;
"(3) to assist abandoned infants and young children to reside
with their natural families or in foster care, as appropriate;
"(4) to recruit, train, and retain foster families for
abandoned infants and young children;
"(5) to carry out residential care programs for abandoned
infants and young children who are unable to reside with their
families or to be placed in foster care;
"(6) to carry out programs of respite care for families and
foster families of infants and young children described in
subsection (b);
"(7) to recruit and train health and social services personnel
to work with families, foster care families, and residential care
programs for abandoned infants and young children; and
"(8) to prevent the abandonment of infants and young children,
and to care for the infants and young children who have been
abandoned, through model programs providing health, educational,
and social services at a single site in a geographic area in
which a significant number of infants and young children
described in subsection (b) reside (with special consideration
given to applications from entities that will provide the
services of the project through community-based organizations).
"(b) Priority in Provision of Services. - The Secretary may not
make a grant under subsection (a) unless the applicant for the
grant agrees to give priority to abandoned infants and young
children who -
"(1) are infected with, or have been perinatally exposed to,
the human immunodeficiency virus, or have a life-threatening
illness or other special medical need; or
"(2) have been perinatally exposed to a dangerous drug.
"(c) Case Plan With Respect to Foster Care. - The Secretary may
not make a grant under subsection (a) unless the applicant for the
grant agrees that, if the applicant expends the grant to carry out
any program of providing care to infants and young children in
foster homes or in other nonmedical residential settings away from
their parents, the applicant will ensure that -
"(1) a case plan of the type described in paragraph (1) of
section 475 of the Social Security Act [section 675 of this
title] is developed for each such infant and young child (to the
extent that such infant and young child is not otherwise covered
by such a plan); and
"(2) the program includes a case review system of the type
described in paragraph (5) of such section (covering each such
infant and young child who is not otherwise subject to such a
system).
"(d) Administration of Grant. -
"(1) The Secretary may not make a grant under subsection (a)
unless the applicant for the grant agrees -
"(A) to use the funds provided under this section only for
the purposes specified in the application submitted to, and
approved by, the Secretary pursuant to subsection (e);
"(B) to establish such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement
and accounting of Federal funds paid to the applicant under
this section;
"(C) to report to the Secretary annually on the utilization,
cost, and outcome of activities conducted, and services
furnished, under this section; and
"(D) that if, during the majority of the 180-day period
preceding the date of the enactment of this Act [Oct. 18,
1988], the applicant has carried out any program with respect
to the care of abandoned infants and young children, the
applicant will expend the grant only for the purpose of
significantly expanding, in accordance with subsection (a),
activities under such program above the level provided under
such program during the majority of such period.
"(2) Subject to the availability of amounts made available in
appropriations Acts for the fiscal year involved, the duration of
a grant under subsection (a) shall be for a period of 3 years,
except that the Secretary -
"(A) may terminate the grant if the Secretary determines that
the entity involved has substantially failed to comply with the
agreements required as a condition of the provision of the
grant; and
"(B) shall continue the grant for one additional year if the
Secretary determines that the entity has satisfactorily
complied with such agreements.
"(e) Requirement of Application. - The Secretary may not make a
grant under subsection (a) unless -
"(1) an application for the grant is submitted to the
Secretary;
"(2) with respect to carrying out the purpose for which the
grant is to be made, the application provides assurances of
compliance satisfactory to the Secretary; and
"(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information
as the Secretary determines to be necessary to carry out this
section.
"(f) Technical Assistance to Grantees. - The Secretary may,
without charge to any grantee under subsection (a), provide
technical assistance (including training) with respect to the
planning, development, and operation of projects described in such
subsection. The Secretary may provide such technical assistance
directly, through contracts, or through grants.
"(g) Technical Assistance With Respect to Process of Applying for
Grant. - The Secretary may provide technical assistance (including
training) to public and nonprofit private entities with respect to
the process of applying to the Secretary for a grant under
subsection (a). The Secretary may provide such technical assistance
directly, through contracts, or through grants.
"(h) Priority Requirement. - In making grants under subsection
(a), the Secretary shall give priority to applicants located in
States that have developed and implemented procedures for expedited
termination of parental rights and placement for adoption of
infants determined to be abandoned under State law.
"SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
"(a) Evaluations of Local Programs. - The Secretary shall,
directly or through contracts with public and nonprofit private
entities, provide for evaluations of projects carried out under
section 101 and for the dissemination of information developed as a
result of such projects.
"(b) Study and Report on Number of Abandoned Infants and Young
Children. -
"(1) In general. - The Secretary shall conduct a study for the
purpose of determining -
"(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found deceased in the
United States and the number of such infants and young children
who are infants and young children described in section 101(b);
"(B) an estimate of the annual number of infants and young
children who are victims of homicide;
"(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
"(D) an estimate of the annual costs incurred by the Federal
Government and by State and local governments in providing
housing and care for abandoned infants and young children.
"(2) Deadline. - Not later than 36 months after the date of
enactment of the Keeping Children and Families Safe Act of 2003
[June 25, 2003], the Secretary shall complete the study required
under paragraph (1) and submit to Congress a report describing
the findings made as a result of the study.
"(c) Evaluation. - The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an
infant or young child so as to prevent such abandonments, and
effective methods for responding to the needs of abandoned infants
and young children.
"TITLE II - MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED
IMMUNE DEFICIENCY SYNDROME
"SEC. 201. STUDY AND REPORT ON ASSISTANCE.
"(a) Study. - The Secretary shall conduct a study for the purpose
of -
"(1) determining cost-effective methods for providing
assistance to individuals for the medical costs of treatment of
conditions arising from infection with the etiologic agent for
acquired immune deficiency syndrome, including determining the
feasibility of risk-pool health insurance for individuals at risk
of such infection;
"(2) determining the extent to which Federal payments under
title XIX of the Social Security Act [subchapter XIX of this
chapter] are being expended for medical costs described in
paragraph (1); and
"(3) providing an estimate of the extent to which such Federal
payments will be expended for such medical costs during the 5-
year period beginning on the date of the enactment of this Act
[Oct. 18, 1988].
"(b) Report. - The Secretary shall, not later than 12 months
after the date of the enactment of this Act, complete the study
required in subsection (a) and submit to the Committee on Energy
and Commerce of the House of Representatives, and to the Committee
on Labor and Human Resources [now Committee on Health, Education,
Labor, and Pensions] of the Senate, a report describing the
findings made as a result of the study.
"TITLE III - GENERAL PROVISIONS
"SEC. 301. DEFINITIONS.
"In this Act:
"(1) Abandoned; abandonment. - The terms 'abandoned' and
'abandonment', used with respect to infants and young children,
mean that the infants and young children are medically cleared
for discharge from acute-care hospital settings, but remain
hospitalized because of a lack of appropriate out-of-hospital
placement alternatives.
"(2) Acquired immune deficiency syndrome. - The term 'acquired
immune deficiency syndrome' includes infection with the etiologic
agent for such syndrome, any condition indicating that an
individual is infected with such etiologic agent, and any
condition arising from such etiologic agent.
"(3) Dangerous drug. - The term 'dangerous drug' means a
controlled substance, as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
"(4) Natural family. - The term 'natural family' shall be
broadly interpreted to include natural parents, grandparents,
family members, guardians, children residing in the household,
and individuals residing in the household on a continuing basis
who are in a care-giving situation, with respect to infants and
young children covered under this Act.
"(5) Secretary. - The term 'Secretary' means the Secretary of
Health and Human Services.
"SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
"(a) In General. -
"(1) Authorization. - For the purpose of carrying out this Act,
there are authorized to be appropriated $45,000,000 for fiscal
year 2004 and such sums as may be necessary for fiscal years 2005
through 2008.
"(2) Limitation. - Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 102(a).
"(b) Administrative Expenses. -
"(1) Authorization. - For the purpose of the administration of
this Act by the Secretary, there is authorized to be appropriated
for each fiscal year specified in subsection (a)(1) an amount
equal to 5 percent of the amount authorized in such subsection to
be appropriated for the fiscal year. With respect to the amounts
appropriated under such subsection, the preceding sentence may
not be construed to prohibit the expenditure of the amounts for
the purpose described in such sentence.
"(2) Limitation. - The Secretary may not obligate any of the
amounts appropriated under paragraph (1) for a fiscal year
unless, from the amounts appropriated under subsection (a)(1) for
the fiscal year, the Secretary has obligated for the purpose
described in such paragraph an amount equal to the amounts
obligated by the Secretary for such purpose in fiscal year 2003.
"(c) Availability of Funds. - Amounts appropriated under this
section shall remain available until expended."
[Pub. L. 102-236, Sec. 1, Dec. 12, 1991, 105 Stat. 1812, provided
that: "This Act [amending Pub. L. 100-505 set out above and
provisions set out as a note under section 623 of Title 29, Labor]
may be cited as the 'Abandoned Infants Assistance Act Amendments of
1991'."]
STUDY OF FOSTER CARE AND ADOPTION ASSISTANCE PROGRAMS; REPORT TO
CONGRESS NOT LATER THAN OCTOBER 1, 1983
Section 101(b) of Pub. L. 96-272 directed Secretary of Health,
Education, and Welfare to conduct a study of programs of foster
care and adoption assistance established under part IV-E of the
Social Security Act (this part) and submit to Congress, not later
than Oct. 1, 1983, a full and complete report thereon, together
with his recommendations as to (A) whether such part IV-E should be
continued, and if so, (B) the changes (if any) which should be made
in such part IV-E.