§ 5114. Study and report of unlicensed or unregulated adoption placements

Footnotes

1. 1 So in original. The period probably should be a semicolon.

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. 1978

   Child Abuse Prevention and Treatment and Adoption Reform Act of 1978

   Pub. L. 95–266 title II § 204 · 92 Stat. 205

   Enacted · 42 U.S.C. § 5114

   Pub. L. 95–266, title II, § 204, Apr. 24, 1978, 92 Stat. 210

   Source evidence

   Code source credit
   Pub. L. 95–266, title II, § 204, Apr. 24, 1978, 92 Stat. 210

   Enacted provision · exact public law section
   Sec. 204. study of unlicensed adoption placements The Secretary shall provide for a study (the results of which shall be reported to the appropriate committees of the Congress not later than eighteen months after the date of enactment of this Act) designed to determine the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies which are not licensed by or subject to regulation by any governmental entity.

2. 2003

   Keeping Children and Families Safe Act of 2003

   Pub. L. 108–36 title II · 117 Stat. 800

   1. Amended · 42 U.S.C. § 5114

      Pub. L. 108–36 designated existing provisions as subsec. (a)

   2. Inserted · 42 U.S.C. § 5114

      Pub. L. 108–36 inserted subsec. heading and par. (1) designation

   3. Substituted · 42 U.S.C. § 5114

      Pub. L. 108–36 substituted “June 25, 2003” for “April 24, 1978”

   4. Substituted · 42 U.S.C. § 5114

      Pub. L. 108–36 substituted “to determine—” for “to determine”

   5. Struck · 42 U.S.C. § 5114

      Pub. L. 108–36 struck out “which are not licensed by or subject to regulation by any governmental entity” after “by persons or agencies”

   6. Added · 42 U.S.C. § 5114

      Pub. L. 108–36 added pars. (2) to (4) and subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 108–36 designated existing provisions as subsec. (a), inserted subsec. heading and par. (1) designation, substituted “June 25, 2003” for “April 24, 1978” and “to determine—” for “to determine”, struck out “which are not licensed by or subject to regulation by any governmental entity” after “by persons or agencies”, and added pars. (2) to (4) and subsecs. (b) and (c).

   Enacted provision · exact public law
   TITLE II— ADOPTION OPPORTUNITIES SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.   Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended— (1) in subsection (a)— (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;” ; (B) by striking paragraph (6); (C) by striking paragraph (7)(A) and inserting the following: “(7) (A) currently, there are 131,000 children waiting for adoption;” ; and (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting “, including geographic barriers,” after “barriers”; and (B) in paragraph (2), by striking “a national” and inserting “an Internet-based national”. SEC. 202. INFORMATION AND SERVICES.   Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended— (1) by striking the section heading and inserting the following: “SEC. 203. INFORMATION AND SERVICES.” ; (2) by striking “Sec. 203. (a) The Secretary” and inserting the following: “(a) In General.— The Secretary” ; (3) in subsection (b)— (A) by inserting “Required Activities.—” after “(b)”; (B) in paragraph (1), by striking “nonprofit” each place that such appears; (C) in paragraph (2), by striking “nonprofit”; (D) in paragraph (3), by striking “nonprofit”; (E) in paragraph (4), by striking “nonprofit”; (F) in paragraph (6), by striking “study the nature, scope, and effects of” and insert “support”; (G) in paragraph (7), by striking “nonprofit”; (H) in paragraph (9)— (i) by striking “nonprofit”; and (ii) by striking “and” at the end; (I) in paragraph (10)— (i) by striking “nonprofit”; each place that such appears; and (ii) by striking the period at the end and inserting “; and”; and (J) by adding at the end the following: “(11) provide (directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption) placed in adoptive families, with a special emphasis on child-specific recruitment strategies, including— “(A) outreach, public education, or media campaigns to inform the public of the needs and numbers of older youth available for adoption; “(B) training of personnel in the special needs of older youth and the successful strategies of child-focused, child-specific recruitment efforts; and “(C) recruitment of prospective families for such children.” ; (4) in subsection (c)— (A) by striking “(c)(1) The Secretary” and inserting the following: “(c) Services for Families Adopting Special Needs Children.— “(1) In general.— The Secretary” ; (B) by striking “(2) Services” and inserting the following: “(2) Services.— Services” ; and (C) in paragraph (2)— (i) by realigning the margins of subparagraphs (A) through (G) accordingly; (ii) in subparagraph (F), by striking “and” at the end; (iii) in subparagraph (G), by striking the period and inserting a semicolon; and (iv) by adding at the end the following: “(H) day treatment; and “(I) respite care.” ; and (D) by striking “nonprofit”; each place that such appears; (5) in subsection (d)— (A) by striking “(d)(1) The Secretary” and inserting the following: “(d) Improving Placement Rate of Children in Foster Care.— “(1) In general.— The Secretary” ; (B) by striking “(2)(A) Each State” and inserting the following: “(2) Applications; technical and other assistance.— “(A) Applications.— Each State” ; (C) by striking “(B) The Secretary” and inserting the following: “(B) Technical and other assistance.— The Secretary” ; (D) in paragraph (2)(B)— (i) by realigning the margins of clauses (i) and (ii) accordingly; and (ii) by striking “nonprofit”; (E) by striking “(3)(A) Payments” and inserting the following: “(3) Payments.— “(A) In general.— Payments” ; and (F) by striking “(B) Any payment” and inserting the following: “(B) Reversion of unused funds.— Any payment” ; and (6) by adding at the end the following: “(e) Elimination of Barriers to Adoptions Across Jurisdictional Boundaries.— “(1) In general.— The Grants. Secretary shall award grants to, or enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries. “(2) Services to supplement not supplant.— Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds made available for the same general purposes including— “(A) developing a uniform homestudy standard and protocol for acceptance of homestudies between States and jurisdictions; “(B) developing models of financing cross-jurisdictional placements; “(C) expanding the capacity of all adoption exchanges to serve increasing numbers of children; “(D) developing training materials and training social workers on preparing and moving children across State lines; and “(E) developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries.” . SEC. 203. STUDY OF ADOPTION PLACEMENTS.   Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended— (1) by striking “The” and inserting “(a) In General.—The”; (2) by striking “of this Act” and inserting “of the Keeping Children and Families Safe Act of 2003”; (3) by striking “to determine the nature” and inserting “to determine— “(1) the nature” ; (4) by striking “which are not licensed” and all that follows through “entity”; and (5) by adding at the end the following: “(2) how interstate placements are being financed across State lines; “(3) recommendations on best practice models for both interstate and intrastate adoptions; and “(4) how State policies in defining special needs children differentiate or group similar categories of children.” . SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.   Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at the end the following: “(b) Dynamics of Successful Adoption.— The Secretary shall conduct research (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research to the appropriate committees of the Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003. “(c) Interjurisdictional Adoption.— Not later than 1 year after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate committees of the Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foster children.” . SEC. 205. AUTHORIZATION OF APPROPRIATIONS.   Section 205(a) of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as follows:   “There are authorized to be appropriated $40,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2008 to carry out programs and activities authorized under this subtitle.” .

1 of 7 references resolved to an enrolled provision · 6 partial