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Title 42 — The Public Health and Welfare

Chapter 67 — Child Abuse Prevention and Treatment and Adoption Reform

§ 5111. Congressional findings and declaration of purpose

Statutory text

(a)

Findings

Congress finds that—

(1)

on the last day of fiscal year 2009, some 424,000 children were living in temporary foster family homes or other foster care settings;

(2)

most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separation from their homes and often their communities;

(3)

on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require intensive services because the children entering foster care—

(A)

were born to mothers who did not receive prenatal care;

(B)

were born with life-threatening conditions or disabilities;

(C)

were born addicted to alcohol or other drugs; or

(D)

have HIV/AIDS;

(4)

each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with permanent, loving, adoptive families;

(5)
(A)

States have made important strides in increasing the number of children who are placed in permanent homes with adoptive parents and in reducing the length of time children wait for such a placement; and

(B)

many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement;

(6)
(A)

on the last day of fiscal year 2009, there were 115,000 children waiting for adoption;

(B)

children waiting for adoption have had parental rights of all living parents terminated or the children have a permanency goal of adoption;

(C)
(i)

the average age of children adopted with public child welfare agency involvement during fiscal year 2009 was a little more than 6 years; and

(ii)

the average age of children waiting for adoption on the last day of that fiscal year was a little more than 8 years of age and more than 30,000 of those children were 12 years of age or older; and

(D)
(i)

25 percent of the children adopted with public child welfare agency involvement during fiscal year 2009 were African-American; and

(ii)

30 percent of the children waiting for adoption on the last day of fiscal year 2009 were African-American;

(7)

adoption may be the best alternative for assuring the healthy development of children placed in foster care;

(8)

there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement and adoption; and

(9)

in order both to enhance the stability of and love in the home environments of such children and to avoid wasteful expenditures of public funds, such children—

(A)

should not have medically indicated treatment withheld from them; or

(B)

be maintained in foster care or institutions when adoption is appropriate and families can be found for such children.

(b)

Purpose

It is the purpose of this subchapter to facilitate the elimination of barriers, including geographic barriers, to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly older children, minority children, and children with special needs, including disabled infants with life-threatening conditions, by providing a mechanism to—

(1)

promote quality standards for adoption services, pre-placement, post-placement, and post-legal adoption counseling, and standards to protect the rights of children in need of adoption;

(2)

maintain an Internet-based national adoption information exchange system to—

(A)

bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children;

(B)

conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and

(C)

connect placement agencies, prospective adoptive parents, and adoptive parents to resources designed to reduce barriers to adoption, support adoptive families, and ensure permanency; and

(3)

demonstrate expeditious ways to free children for adoption for whom it has been determined that adoption is the appropriate plan.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Child Abuse Prevention and Treatment and Adoption Reform Act of 1978

    Pub. L. 95–266 title II § 201 · 92 Stat. 205

    Enacted · 42 U.S.C. § 5111

    Pub. L. 95–266, title II, § 201, Apr. 24, 1978, 92 Stat. 208

    Source evidence

    Code source credit
    Pub. L. 95–266, title II, § 201, Apr. 24, 1978, 92 Stat. 208

    Enacted provision · exact public law section
    Sec. 201. findings and declaration of purpose The Congress hereby finds that many thousands of children remain in institutions or foster homes solely because of legal and other barriers to their placement in permanent, adoptive homes; that the majority of such children are of school age, handicapped, or both; that adoption may be the best alternative for assuring the healthy development of such children; that there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement; and that, in order both to enhance the stability and love of the child’s home environment and to avoid wasteful expenditures of public funds, such children should not be maintained in foster care or institutions when adoption is appropriate and families for them can be found. It is, therefore, the purpose of this title to facilitate, the elimination of barriers to adoption and to provide permanent and loving home environments for children who would benefit by adoption, particularly children with special needs by— (1) promoting the establishment of model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adoption; and (2) providing a mechanism for the Department of Health, Education, and Welfare to (A) promote quality standards for adoption services (including preplacement, post-placement, and post-adoption counseling and standards to protect the rights of children in need of adoption), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children.

  2. Child Abuse Amendments of 1984

    Pub. L. 98–457 § 201(a) · 98 Stat. 1749

    1. Inserted · 42 U.S.C. § 5111

      Pub. L. 98–457, § 201(a), (b)(1), in provisions before par. (1), inserted “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and that some such children are in need of placement in permanent, adoptive homes, that”

    2. Substituted · 42 U.S.C. § 5111

      Pub. L. 98–457, § 201(a), (b)(1), in provisions before par. (1), substituted “should not have medically indicated treatment withheld from them, nor be maintained in foster care” for “should not be maintained in foster care”

    3. Substituted · 42 U.S.C. § 5111

      Pub. L. 98–457, § 201(a), (b)(1), in provisions before par. (1), substituted “children with special needs, including disabled infants with life-threatening conditions, by” for “children with special needs by”

    Source evidence

    Code amendment note
    Pub. L. 98–457, § 201(a), (b)(1), in provisions before par. (1), inserted “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and that some such children are in need of placement in permanent, adoptive homes, that” and substituted “should not have medically indicated treatment withheld from them, nor be maintained in foster care” for “should not be maintained in foster care” and “children with special needs, including disabled infants with life-threatening conditions, by” for “children with special needs by”.

    Enacted provision · exact public law section
    (a) The first sentence of section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) (hereinafter in this title referred to as “the Act”) is amended— (1) by inserting “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and that some such children are in need of placement in permanent, adoptive homes; that” after “finds that”; and (2) by inserting “have medically indicated treatment withheld from them, nor” after “should not”.

  3. Child Abuse Amendments of 1984

    Pub. L. 98–457 § 201(b)(2) · 98 Stat. 1749

    Amended · 42 U.S.C. § 5111(2)

    Pub. L. 98–457, § 201(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing a mechanism for the Department of Health and Human Services to (A) promote quality standards for adoption services (including pre-placement, post-placement, and post-adoption counseling and standards to protect the rights of children in need of adoption), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children.”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 98–457, § 201(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing a mechanism for the Department of Health and Human Services to (A) promote quality standards for adoption services (including pre-placement, post-placement, and post-adoption counseling and standards to protect the rights of children in need of adoption), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children.”

    Enacted provision · exact public law section
    (2) by amending clause (2) to read as follows: “(2) providing a mechanism for the Department of Health and Human Services to— “(A) promote quality standards for adoption services, preplacement, post-placement, and post-legal adoption counseling, and standards to protect the rights of children in need of adoption; “(B) coordinate with other Federal departments and agencies, including the Bureau of the Census, to provide for a national adoption and foster care information datagathering and analysis system; and “(C) maintain a national adoption exchange to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children”

  4. Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992

    Pub. L. 102–295 title IV § 401 · 106 Stat. 187

    1. Amended · 42 U.S.C. § 5111

      Pub. L. 102–295 amended section generally

    2. Amended · 42 U.S.C. § 5111

      Pub. L. 102–295 designating existing provisions as subsecs. (a) and (b)

    3. Substituted · 42 U.S.C. § 5111

      Pub. L. 102–295 inserting findings relating to the number of children in substitute care, foster care children with complex problems which require intensive services, infants born without prenatal care, addicted to alcohol or other drugs, or exposed to infection with the etiologic agent for human immunodeficiency virus, and percentage of children awaiting adoption who are minorities

    4. Inserted · 42 U.S.C. § 5111

      Pub. L. 102–295 inserting as purposes of this subchapter to provide a mechanism to recruit prospective parents for children awaiting adoption and to demonstrate expeditious ways to free children for adoption

    5. Struck · 42 U.S.C. § 5111

      Pub. L. 102–295 striking out as a purpose to provide a mechanism to coordinate with Federal departments and agencies to provide national adoption and foster care information data-gathering and analysis system

    Source evidence

    Code amendment note
    Pub. L. 102–295 amended section generally, designating existing provisions as subsecs. (a) and (b), inserting findings relating to the number of children in substitute care, foster care children with complex problems which require intensive services, infants born without prenatal care, addicted to alcohol or other drugs, or exposed to infection with the etiologic agent for human immunodeficiency virus, and percentage of children awaiting adoption who are minorities, inserting as purposes of this subchapter to provide a mechanism to recruit prospective parents for children awaiting adoption and to demonstrate expeditious ways to free children for adoption, and striking out as a purpose to provide a mechanism to coordinate with Federal departments and agencies to provide national adoption and foster care information data-gathering and analysis system.

    Enacted provision · exact public law section
    SEC. 401. FINDINGS AND PURPOSE. Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended to read as follows: “SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. “(a) Findings.— Congress finds that— “(1) the number of children in substitute care increased by nearly 50 percent between 1985 and 1990, as our Nation’s foster care population included more than 400,000 children at the end of June, 1990; “(2) increasingly children entering foster care have complex problems which require intensive services; “(3) an increasing number of infants are born to mothers who did not receive prenatal care, are born addicted to alcohol and other drugs, and exposed to infection with the etiologic agent for the human immunodeficiency virus, are medically fragile, and technology dependent; “(4) the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and some such children are in need of placement in permanent, adoptive homes; “(5) many thousands of children remain in institutions or foster homes solely because of local and other barriers to their placement in permanent, adoptive homes; “(6) the majority of such children are of school age, members of sibling groups or disabled; “(7) currently one-half of children free for adoption and awaiting placement are minorities; “(8) adoption may be the best alternative for assuring the healthy development of such children; “(9) there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement; and “(10) in order both to enhance the stability and love of the child’s home environment and to avoid wasteful expenditures of public funds, such children should not have medically indicated treatment withheld from them nor be maintained in foster care or institutions when adoption is appropriate and families can be found for such children. “(b) Purpose.— It is the purpose of this title to facilitate the elimination of barriers to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly children with special needs, including disabled infants with life-threatening conditions, by— “(1) promoting model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adoption; and “(2) providing a mechanism for the Department of Health and Human Services to— “(A) promote quality standards for adoption services, pre-placement, post-placement, and post-legal adoption counseling, and standards to protect the rights of children in need of adoption; “(B) maintain a national adoption information exchange system to bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children, and conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and “(C) demonstrate expeditious ways to free children for adoption for whom it has been determined that adoption is the appropriate plan.”.

  5. Pub. L. 104–235 § 211(1)(A) · 110 Stat. 3063

    1. Substituted · 42 U.S.C. § 5111(a)(1)

      Pub. L. 104–235, § 211(1)(A), substituted “61 percent between 1986 and 1994” for “50 percent between 1985 and 1990”

    2. Substituted · 42 U.S.C. § 5111(a)(1)

      Pub. L. 104–235, § 211(1)(A), substituted “452,000 as of June 1994” for “400,000 children at the end of June, 1990”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–235, § 211(1)(A), substituted “61 percent between 1986 and 1994” for “50 percent between 1985 and 1990” and “452,000 as of June 1994” for “400,000 children at the end of June, 1990”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking “50 percent between 1985 and 1990” and inserting “61 percent between 1986 and 1994”; and (ii) by striking “400,000 children at the end of June, 1990” and inserting “452,000 as of June 1994”;

  6. Pub. L. 104–235 § 211(1)(B) · 110 Stat. 3063

    Substituted · 42 U.S.C. § 5111(a)(5)

    Pub. L. 104–235, § 211(1)(B), substituted “legal” for “local”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–235, § 211(1)(B), substituted “legal” for “local”.

    Enacted provision · exact public law section
    (B) in paragraph (5), by striking “local” and inserting “legal”; and

  7. Pub. L. 104–235 § 211(1)(C) · 110 Stat. 3063

    Amended · 42 U.S.C. § 5111(a)(7)

    Pub. L. 104–235, § 211(1)(C), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “currently one-half of children free for adoption and awaiting placement are minorities;”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 104–235, § 211(1)(C), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “currently one-half of children free for adoption and awaiting placement are minorities;”.

    Enacted provision · exact public law section
    (C) in paragraph (7), to read as follows: “(7) (A) currently, 40,000 children are free for adoption and awaiting placement; “(B) such children are typically school aged, in sibling groups, have experienced neglect or abuse, or have a physical, mental, or emotional disability; and “(C) while the children are of all races, children of color and older children (over the age of 10) are over represented in such group;”; and

  8. Pub. L. 104–235 § 211(2) · 110 Stat. 3063

    Substituted · 42 U.S.C. § 5111(b)

    Pub. L. 104–235, § 211(2), substituted “conditions, by providing a mechanism to—” for “conditions, by—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–235, § 211(2), substituted “conditions, by providing a mechanism to—” for “conditions, by—

    “(1) promoting model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adoption; and “(2) providing a mechanism for the Department of Health and Human Services to—”, redesignated subpars. (A) to (C) of former par. (2) as pars. (1) to (3), respectively, and realigned margins.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “conditions, by—” and all that follows through “Department of Health and Human Services to—” and inserting “conditions, by providing a mechanism to—”; and (B) by redesignating subparagraphs (A) through (C) of paragraph (2), as paragraphs (1) through (3), respectively, and by realigning the margins of such paragraphs accordingly.

  9. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(A) · 117 Stat. 800

    1. Added · 42 U.S.C. § 5111(a)(1)(3)

      Pub. L. 108–36, § 201(1)(A), added pars. (1) to (3)

    2. Struck · 42 U.S.C. § 5111(a)(1)(3)

      Pub. L. 108–36, § 201(1)(A), struck out former pars. (1) to (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(1) to (3). Pub. L. 108–36, § 201(1)(A), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:

    “(1) the number of children in substitute care increased by nearly 61 percent between 1986 and 1994, as our Nation’s foster care population included more than 452,000 as of June 1994; “(2) increasingly children entering foster care have complex problems which require intensive services; “(3) an increasing number of infants are born to mothers who did not receive prenatal care, are born addicted to alcohol and other drugs, and exposed to infection with the etiologic agent for the human immunodeficiency virus, are medically fragile, and technology dependent;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (1) through (4) and inserting the following: “(1) the number of children in substitute care has increased by nearly 24 percent since 1994, as our Nation’s foster care population included more than 565,000 as of September of 2001; “(2) children entering foster care have complex problems that require intensive services, with many such children having special needs because they are born to mothers who did not receive prenatal care, are born with life threatening conditions or disabilities, are born addicted to alcohol or other drugs, or have been exposed to infection with the etiologic agent for the human immunodeficiency virus; “(3) each year, thousands of children are in need of placement in permanent, adoptive homes;” ;

  10. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(A) · 117 Stat. 800

    1. Redesignated · 42 U.S.C. § 5111(a)(4)

      Pub. L. 108–36, § 201(1)(A), (D), redesignated par. (5) as (4)

    2. Struck · 42 U.S.C. § 5111(a)(4)

      Pub. L. 108–36, § 201(1)(A), (D), struck out former par. (4) which read as follows: “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and some such children are in need of placement in permanent, adoptive homes;”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 108–36, § 201(1)(A), (D), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and some such children are in need of placement in permanent, adoptive homes;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (1) through (4) and inserting the following: “(1) the number of children in substitute care has increased by nearly 24 percent since 1994, as our Nation’s foster care population included more than 565,000 as of September of 2001; “(2) children entering foster care have complex problems that require intensive services, with many such children having special needs because they are born to mothers who did not receive prenatal care, are born with life threatening conditions or disabilities, are born addicted to alcohol or other drugs, or have been exposed to infection with the etiologic agent for the human immunodeficiency virus; “(3) each year, thousands of children are in need of placement in permanent, adoptive homes;” ;

  11. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(D) · 117 Stat. 800

    Redesignated · 42 U.S.C. § 5111(a)(5)

    Pub. L. 108–36, § 201(1)(D), redesignated par. (7) as (5). Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 108–36, § 201(1)(D), redesignated par. (7) as (5). Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and

  12. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(B) · 117 Stat. 800

    1. Redesignated · 42 U.S.C. § 5111(a)(6)

      Pub. L. 108–36, § 201(1)(B), (D), redesignated par. (8) as (6)

    2. Struck · 42 U.S.C. § 5111(a)(6)

      Pub. L. 108–36, § 201(1)(B), (D), struck out former par. (6) which read as follows: “the majority of such children are of school age, members of sibling groups or disabled;”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 108–36, § 201(1)(B), (D), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “the majority of such children are of school age, members of sibling groups or disabled;”.

    Enacted provision · exact public law section
    (B) by striking paragraph (6);

  13. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(D) · 117 Stat. 800

    Redesignated · 42 U.S.C. § 5111(a)(7)

    Pub. L. 108–36, § 201(1)(D), redesignated par. (9) as (7). Former par. (7) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 108–36, § 201(1)(D), redesignated par. (9) as (7). Former par. (7) redesignated (5).

    Enacted provision · exact public law section
    (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and

  14. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(C) · 117 Stat. 800

    1. Added · 42 U.S.C. § 5111(a)(7)(A)

      Pub. L. 108–36, § 201(1)(C), added subpar. (A)

    2. Struck · 42 U.S.C. § 5111(a)(7)(A)

      Pub. L. 108–36, § 201(1)(C), struck out former subpar. (A) which read as follows: “currently, 40,000 children are free for adoption and awaiting placement;”

    Source evidence

    Code amendment note
    Subsec. (a)(7)(A). Pub. L. 108–36, § 201(1)(C), added subpar. (A) and struck out former subpar. (A) which read as follows: “currently, 40,000 children are free for adoption and awaiting placement;”.

    Enacted provision · exact public law section
    (C) by striking paragraph (7)(A) and inserting the following: “(7) (A) currently, there are 131,000 children waiting for adoption;” ; and

  15. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(1)(D) · 117 Stat. 800

    Redesignated · 42 U.S.C. § 5111(a)(8)(10)

    Pub. L. 108–36, § 201(1)(D), redesignated pars. (8) to (10) as (6) to (8), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(8) to (10). Pub. L. 108–36, § 201(1)(D), redesignated pars. (8) to (10) as (6) to (8), respectively.

    Enacted provision · exact public law section
    (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and

  16. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(2)(A) · 117 Stat. 800

    Inserted · 42 U.S.C. § 5111(b)

    Pub. L. 108–36, § 201(2)(A), inserted “, including geographic barriers,” after “barriers” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–36, § 201(2)(A), inserted “, including geographic barriers,” after “barriers” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by inserting “, including geographic barriers,” after “barriers”; and

  17. Keeping Children and Families Safe Act of 2003

    Pub. L. 108–36 § 201(2)(B) · 117 Stat. 800

    Substituted · 42 U.S.C. § 5111(b)(2)

    Pub. L. 108–36, § 201(2)(B), substituted “an Internet-based national” for “a national”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–36, § 201(2)(B), substituted “an Internet-based national” for “a national”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “a national” and inserting “an Internet-based national”.

  18. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 301(a)(1) · 124 Stat. 3459

    1. Added · 42 U.S.C. § 5111(a)

      Pub. L. 111–320, § 301(a)(1), added subsec. (a)

    2. Struck · 42 U.S.C. § 5111(a)

      Pub. L. 111–320, § 301(a)(1), struck out former subsec. (a) which related to findings on children in institutions or foster homes

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–320, § 301(a)(1), added subsec. (a) and struck out former subsec. (a) which related to findings on children in institutions or foster homes.

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) Findings.— Congress finds that— “(1) on the last day of fiscal year 2009, some 424,000 children were living in temporary foster family homes or other foster care settings; “(2) most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separation from their homes and often their communities; “(3) on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require intensive services because the children entering foster care— “(A) were born to mothers who did not receive prenatal care; “(B) were born with life-threatening conditions or disabilities; “(C) were born addicted to alcohol or other drugs; or “(D) have HIV/AIDS; “(4) each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with permanent, loving, adoptive families; “(5) (A) States have made important strides in increasing the number of children who are placed in permanent homes with adoptive parents and in reducing the length of time children wait for such a placement; and “(B) many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement; “(6) (A) on the last day of fiscal year 2009, there were 115,000 children waiting for adoption; “(B) children waiting for adoption have had parental rights of all living parents terminated or the children have a permanency goal of adoption; “(C) (i) the average age of children adopted with public child welfare agency involvement during fiscal year 2009 was a little more than 6 years; and “(ii) the average age of children waiting for adoption on the last day of that fiscal year was a little more than 8 years of age and more than 30,000 of those children were 12 years of age or older; and “(D) (i) 25 percent of the children adopted with public child welfare agency involvement during fiscal year 2009 were African-American; and “(ii) 30 percent of the children waiting for adoption on the last day of fiscal year 2009 were African-American; “(7) adoption may be the best alternative for assuring the healthy development of children placed in foster care; “(8) there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement and adoption; and “(9) in order both to enhance the stability of and love in the home environments of such children and to avoid wasteful expenditures of public funds, such children— “(A) should not have medically indicated treatment withheld from them; or “(B) be maintained in foster care or institutions when adoption is appropriate and families can be found for such children.” ; and

  19. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 301(a)(2)(A) · 124 Stat. 3459

    Inserted · 42 U.S.C. § 5111(b)

    Pub. L. 111–320, § 301(a)(2)(A), inserted “older children, minority children, and” after “particularly” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–320, § 301(a)(2)(A), inserted “older children, minority children, and” after “particularly” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by inserting “older children, minority children, and” after “particularly”; and

  20. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 301(a)(2)(B) · 124 Stat. 3459

    1. Added · 42 U.S.C. § 5111(b)(2)

      Pub. L. 111–320, § 301(a)(2)(B), added par. (2)

    2. Struck · 42 U.S.C. § 5111(b)(2)

      Pub. L. 111–320, § 301(a)(2)(B), struck out former par. (2) which read as follows: “maintain an Internet-based national adoption information exchange system to bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children, and conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–320, § 301(a)(2)(B), added par. (2) and struck out former par. (2) which read as follows: “maintain an Internet-based national adoption information exchange system to bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children, and conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and”.

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and inserting the following: “(2) maintain an Internet-based national adoption information exchange system to— “(A) bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children; “(B) conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and “(C) connect placement agencies, prospective adoptive parents, and adoptive parents to resources designed to reduce barriers to adoption, support adoptive families, and ensure permanency; and” .

33 of 33 references resolved to an enrolled provision

Editorial Notes

Amendments1984–2010 · 5 rounds

2010

Subsec. (a). Pub. L. 111–320, § 301(a)(1), added subsec. (a) and struck out former subsec. (a) which related to findings on children in institutions or foster homes.

Subsec. (b). Pub. L. 111–320, § 301(a)(2)(A), inserted “older children, minority children, and” after “particularly” in introductory provisions.

Subsec. (b)(2). Pub. L. 111–320, § 301(a)(2)(B), added par. (2) and struck out former par. (2) which read as follows: “maintain an Internet-based national adoption information exchange system to bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children, and conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and”.

2003

Subsec. (a)(1) to (3). Pub. L. 108–36, § 201(1)(A), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:

“(1) the number of children in substitute care increased by nearly 61 percent between 1986 and 1994, as our Nation’s foster care population included more than 452,000 as of June 1994;

“(2) increasingly children entering foster care have complex problems which require intensive services;

“(3) an increasing number of infants are born to mothers who did not receive prenatal care, are born addicted to alcohol and other drugs, and exposed to infection with the etiologic agent for the human immunodeficiency virus, are medically fragile, and technology dependent;”.

Subsec. (a)(4). Pub. L. 108–36, § 201(1)(A), (D), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and some such children are in need of placement in permanent, adoptive homes;”.

Subsec. (a)(5). Pub. L. 108–36, § 201(1)(D), redesignated par. (7) as (5). Former par. (5) redesignated (4).

Subsec. (a)(6). Pub. L. 108–36, § 201(1)(B), (D), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “the majority of such children are of school age, members of sibling groups or disabled;”.

Subsec. (a)(7). Pub. L. 108–36, § 201(1)(D), redesignated par. (9) as (7). Former par. (7) redesignated (5).

Subsec. (a)(7)(A). Pub. L. 108–36, § 201(1)(C), added subpar. (A) and struck out former subpar. (A) which read as follows: “currently, 40,000 children are free for adoption and awaiting placement;”.

Subsec. (a)(8) to (10). Pub. L. 108–36, § 201(1)(D), redesignated pars. (8) to (10) as (6) to (8), respectively.

Subsec. (b). Pub. L. 108–36, § 201(2)(A), inserted “, including geographic barriers,” after “barriers” in introductory provisions.

Subsec. (b)(2). Pub. L. 108–36, § 201(2)(B), substituted “an Internet-based national” for “a national”.

1996

Subsec. (a)(1). Pub. L. 104–235, § 211(1)(A), substituted “61 percent between 1986 and 1994” for “50 percent between 1985 and 1990” and “452,000 as of June 1994” for “400,000 children at the end of June, 1990”.

Subsec. (a)(5). Pub. L. 104–235, § 211(1)(B), substituted “legal” for “local”.

Subsec. (a)(7). Pub. L. 104–235, § 211(1)(C), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “currently one-half of children free for adoption and awaiting placement are minorities;”.

Subsec. (b). Pub. L. 104–235, § 211(2), substituted “conditions, by providing a mechanism to—” for “conditions, by—

“(1) promoting model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adoption; and

“(2) providing a mechanism for the Department of Health and Human Services to—”,

redesignated subpars. (A) to (C) of former par. (2) as pars. (1) to (3), respectively, and realigned margins.

1992

Pub. L. 102–295 amended section generally, designating existing provisions as subsecs. (a) and (b), inserting findings relating to the number of children in substitute care, foster care children with complex problems which require intensive services, infants born without prenatal care, addicted to alcohol or other drugs, or exposed to infection with the etiologic agent for human immunodeficiency virus, and percentage of children awaiting adoption who are minorities, inserting as purposes of this subchapter to provide a mechanism to recruit prospective parents for children awaiting adoption and to demonstrate expeditious ways to free children for adoption, and striking out as a purpose to provide a mechanism to coordinate with Federal departments and agencies to provide national adoption and foster care information data-gathering and analysis system.

1984

Pub. L. 98–457, § 201(a), (b)(1), in provisions before par. (1), inserted “the welfare of thousands of children in institutions and foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and that some such children are in need of placement in permanent, adoptive homes, that” and substituted “should not have medically indicated treatment withheld from them, nor be maintained in foster care” for “should not be maintained in foster care” and “children with special needs, including disabled infants with life-threatening conditions, by” for “children with special needs by”.

Par. (2). Pub. L. 98–457, § 201(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing a mechanism for the Department of Health and Human Services to (A) promote quality standards for adoption services (including pre-placement, post-placement, and post-adoption counseling and standards to protect the rights of children in need of adoption), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children.”

Statutory Notes and Related Subsidiaries

Study of Interjurisdictional Adoption Issues

Pub. L. 105–89, title II, § 202(c), , 111 Stat. 2126, provided that the Comptroller General of the United States would study and consider improvement of procedures and policies to facilitate the timely and permanent adoptions of children across State and county jurisdictions, examine various interjurisdictional adoption issues, and report the results of the study and improvement recommendation no later than 1 year after .

Credits

1978–2010 · 6 acts
  1. 1978Pub. L. 95–266, title II, § 201, , 92 Stat. 208
  2. 1984Pub. L. 98–457, title II, § 201, , 98 Stat. 1755
  3. 1992Pub. L. 102–295, title IV, § 401, , 106 Stat. 211
  4. 1996Pub. L. 104–235, title II, § 211, , 110 Stat. 3090
  5. 2003Pub. L. 108–36, title II, § 201, , 117 Stat. 818
  6. 2010Pub. L. 111–320, title III, § 301(a), , 124 Stat. 3510.
Show as published

(Pub. L. 95–266, title II, § 201, , 92 Stat. 208; Pub. L. 98–457, title II, § 201, , 98 Stat. 1755; Pub. L. 102–295, title IV, § 401, , 106 Stat. 211; Pub. L. 104–235, title II, § 211, , 110 Stat. 3090; Pub. L. 108–36, title II, § 201, , 117 Stat. 818; Pub. L. 111–320, title III, § 301(a), , 124 Stat. 3510.)

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