Supporting Adoptive Families Act

II 116TH CONGRESS 1ST SESSION S. 1450 To enhance pre- and post-adoptive support services. IN THE SENATE OF THE UNITED STATES MAY 14, 2019 Ms. KLOBUCHAR (for herself and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To enhance pre- and post-adoptive support services. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Adoptive 4 Families Act’’. 5 SEC. 2. ADOPTION SUPPORT SERVICES. 6 (a) ENSURING WELL-BEING OF ADOPTED CHILDREN 7 AND ADOPTIVE FAMILIES.—Section 421 of the Social Se- 8 curity Act (42 U.S.C. 621) is amended— 9 (1) in paragraph (4), by striking ‘‘and’’ at the 10 end; 11 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 2 •S 1450 IS (2) by redesignating paragraph (5) as para- 1 graph (6); and 2 (3) by inserting after paragraph (4) the fol- 3 lowing new paragraph: 4 ‘‘(5) ensuring the well-being of adopted children 5 and their adoptive families and promoting efforts to 6 prevent such children from entering the foster care 7 system through the provision of pre- and post-adop- 8 tive support services; and’’. 9 (b) PRE- AND POST-ADOPTIVE SUPPORT SERV- 10 ICES.—Paragraph (8) of section 431(a) of such Act (42 11 U.S.C. 629a(a)) is amended to read as follows: 12 ‘‘(8) ADOPTION PROMOTION AND SUPPORT 13 SERVICES.— 14 ‘‘(A) IN GENERAL.—The term ‘adoption 15 promotion and support services’ means services 16 and activities designed to encourage more adop- 17 tions out of the foster care system and support 18 domestic adoptions and adoptions from other 19 countries, consistent with promoting the best 20 interests of adopted children and their adoptive 21 families. Such services and activities may in- 22 clude pre- and post-adoptive support services, 23 as described in subparagraph (B), that are de- 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 3 •S 1450 IS signed to support adopted children and their 1 adoptive families. 2 ‘‘(B) PRE- AND POST-ADOPTIVE SUPPORT 3 SERVICES.—The term ‘pre- and post-adoptive 4 support services’ means the following: 5 ‘‘(i) Pre-adoptive support services, 6 which may include— 7 ‘‘(I) direct services, including 8 training, educational support, coun- 9 seling, and other services for adoptive 10 parents and families that address 11 caregiver interests and concerns re- 12 garding common behavioral issues, 13 such as— 14 ‘‘(aa) issues relating to emo- 15 tional, behavioral, or develop- 16 mental health needs; 17 ‘‘(bb) issues relating to at- 18 tachment, identity, abandonment, 19 cultural differences, grief, and 20 loss; and 21 ‘‘(cc) issues resulting from 22 birth defects due to fetal alcohol 23 syndrome or any other substance 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 4 •S 1450 IS abuse-related developmental dis- 1 order; 2 ‘‘(II) the provision of educational 3 resources for adoptive parents regard- 4 ing the geographic, ethnic, and cul- 5 tural background of the adopted child; 6 ‘‘(III) peer-to-peer mentoring and 7 support groups that permit a newly 8 adoptive parent to communicate and 9 learn from more experienced adoptive 10 parents, including programs that en- 11 hance communication between adop- 12 tive parents with children of similar 13 geographic, ethnic, or cultural back- 14 grounds; and 15 ‘‘(IV) the provision of informa- 16 tional resources for adoptive parents, 17 including— 18 ‘‘(aa) resources available 19 through Federal and State agen- 20 cies, including information re- 21 garding benefits for children with 22 a medical condition or a physical, 23 mental, or emotional disability; 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 5 •S 1450 IS ‘‘(bb) newsletters, Web sites, 1 and other informational resources 2 regarding adoption-related serv- 3 ices; 4 ‘‘(cc) the establishment of 5 lending libraries containing infor- 6 mation and resources for adop- 7 tive parents; and 8 ‘‘(dd) conferences, discus- 9 sion groups, and seminars that 10 are available to adoptive parents 11 and other relevant stakeholders. 12 ‘‘(ii) Post-adoptive support services, 13 which may include— 14 ‘‘(I) continued provision to adop- 15 tive parents of pre-adoptive support 16 services described in clause (i); 17 ‘‘(II) the provision of accessible 18 and reliable respite services for adop- 19 tive parents; 20 ‘‘(III) direct services and coun- 21 seling for adopted children, including, 22 as appropriate— 23 ‘‘(aa) support services for an 24 adopted child with emotional, be- 25 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 6 •S 1450 IS havioral, or developmental health 1 needs; 2 ‘‘(bb) support services that 3 address issues relating to attach- 4 ment, identity, abandonment, cul- 5 tural differences, grief, and loss; 6 and 7 ‘‘(cc) treatment services that 8 are specialized for adopted chil- 9 dren, including psychiatric resi- 10 dential services, outpatient men- 11 tal health services, social skills 12 training, intensive in-home super- 13 vision services, recreational ther- 14 apy, suicide prevention, and sub- 15 stance abuse treatment; 16 ‘‘(IV) peer-to-peer mentoring and 17 support groups that allow adopted 18 children to communicate and socialize 19 with other adopted children, including 20 programs that provide for communica- 21 tion between adopted children from 22 similar geographic, ethnic, or cultural 23 backgrounds; and 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 7 •S 1450 IS ‘‘(V) crisis and family preserva- 1 tion services, including crisis coun- 2 seling and a 24-hour emergency hot- 3 line for adoptive parents.’’. 4 SEC. 3. FUNDING FOR ADOPTION SUPPORT SERVICES. 5 Paragraph (8) of section 473(a) of the Social Secu- 6 rity Act (42 U.S.C. 673(a)) is amended to read as follows: 7 ‘‘(8) With respect to the amount of savings (if 8 any) in State expenditures under this part resulting 9 from the application of paragraph (2)(A)(ii) to all 10 applicable children for a fiscal year, a State shall— 11 ‘‘(A) spend a significant portion of such 12 amount to provide pre- and post-adoptive sup- 13 port services (as defined in section 14 431(a)(8)(B)); 15 ‘‘(B) spend the remainder of such amount 16 to provide to children or families any other 17 services that may be provided under this part 18 or part B; and 19 ‘‘(C) on an annual basis, submit to the 20 Secretary a report that provides a detailed ac- 21 count of any services that were funded pursuant 22 to this paragraph.’’. 23 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 8 •S 1450 IS SEC. 4. FEDERAL GRANT PROGRAM FOR POST-ADOPTION 1 MENTAL HEALTH SERVICES. 2 Subpart 3 of part B of title V of the Public Health 3 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 4 adding at the end the following: 5 ‘‘SEC. 520N. POST-ADOPTION MENTAL HEALTH SERVICES. 6 ‘‘(a) IN GENERAL.—The Secretary, acting through 7 the Assistant Secretary, shall award grants or cooperative 8 agreements to eligible entities to— 9 ‘‘(1) develop and implement State-sponsored 10 Statewide or tribal post-adoption mental health serv- 11 ice programs for all adopted children; 12 ‘‘(2) support public organization and private 13 nonprofit organizations actively involved in State- 14 sponsored Statewide or tribal post-adoption mental 15 health service programs; 16 ‘‘(3) collect and analyze data on State-spon- 17 sored Statewide or tribal post-adoption mental 18 health service programs that can be used to monitor 19 the effectiveness of such services and for research, 20 technical assistance, and policy development; 21 ‘‘(4) develop and provide educational and train- 22 ing opportunities concerning the mental health needs 23 of adopted children and their families for use by 24 teachers, social workers, and other community men- 25 tal health service providers; and 26 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 9 •S 1450 IS ‘‘(5) develop and provide materials for potential 1 adoptive parents, both for domestic adoptions and 2 adoptions from other countries, describing the pos- 3 sible need for post-adoption mental health services 4 and available resources. 5 ‘‘(b) ELIGIBLE ENTITY.— 6 ‘‘(1) DEFINITION.—In this section, the term 7 ‘eligible entity’ means— 8 ‘‘(A) a State; 9 ‘‘(B) a public organization or private non- 10 profit organization designated by a State to de- 11 velop or direct the State-sponsored Statewide 12 post-adoption mental health service program 13 under a grant under this section; and 14 ‘‘(C) a federally recognized Indian tribe or 15 tribal organization (as defined in the Indian 16 Self-Determination and Education Assistance 17 Act) or an urban Indian organization (as de- 18 fined in the Indian Health Care Improvement 19 Act) that is actively involved in the development 20 and continuation of a post-adoption mental 21 health service program. 22 ‘‘(2) LIMITATION.—In carrying out this section, 23 the Secretary shall ensure that each State is award- 24 ed only 1 grant or cooperative agreement under this 25 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 10 •S 1450 IS section. For purposes of the preceding sentence, a 1 State shall be considered to have been awarded a 2 grant or cooperative agreement if the eligible entity 3 involved is the State or an entity designated by the 4 State under paragraph (1)(B). Nothing in this para- 5 graph shall be construed to apply to entities de- 6 scribed in paragraph (1)(C). 7 ‘‘(c) PREFERENCE.—In providing assistance under a 8 grant or cooperative agreement under this section, the 9 Secretary shall give preference to eligible entities that have 10 demonstrated success in increasing the level of adoption 11 competency among mental health providers, adoption law- 12 yers, social workers, case workers, and adoptive parents. 13 ‘‘(d) REQUIREMENT FOR DIRECT SERVICES.—Not 14 less than 85 percent of funds received under a grant or 15 cooperative agreement under this section shall be used to 16 provide direct services, of which not less than 5 percent 17 shall be used for activities authorized under subsection 18 (a)(3). 19 ‘‘(e) COORDINATION AND COLLABORATION.— 20 ‘‘(1) IN GENERAL.—In carrying out this sec- 21 tion, the Secretary shall collaborate with relevant 22 Federal agencies and adoption-related working 23 groups to promote interaction between domestic fos- 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 11 •S 1450 IS ter care agencies and private adoption agencies in 1 other countries. 2 ‘‘(2) CONSULTATION.—In carrying out this sec- 3 tion, the Secretary shall consult with— 4 ‘‘(A) State and social service agencies en- 5 gaged in the placement of children for adoption, 6 domestically or from other countries; 7 ‘‘(B) local and national organizations that 8 serve foster and adopted youth; 9 ‘‘(C) health and education specialists who 10 focus on adoption and foster care medicine; 11 ‘‘(D) youth who have been in foster care or 12 adopted, domestically or from other countries; 13 ‘‘(E) families and friends of youth who 14 have been in foster care or adopted, domesti- 15 cally or from other countries; and 16 ‘‘(F) qualified professionals who possess 17 the specialized knowledge, skills, experience, 18 and relevant attributes needed to serve adopted 19 children and their families. 20 ‘‘(3) POLICY DEVELOPMENT.—In carrying out 21 this section, the Secretary shall— 22 ‘‘(A) coordinate and collaborate on policy 23 development with the Administration for Chil- 24 dren and Families and other relevant Depart- 25 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 12 •S 1450 IS ment of Health and Human Services agencies 1 and adoption-related working groups; and 2 ‘‘(B) consult on policy development at the 3 Federal level with those in the private sector 4 engaged in the recruitment of foster and adop- 5 tive parents, the placement of children in foster 6 care and for adoption, and the provision of 7 post-adoption services. 8 ‘‘(f) EVALUATION AND REPORT.— 9 ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— 10 Not later than 18 months after receipt of a grant or 11 cooperative agreement under this section, an eligible 12 entity shall submit to the Secretary the results of an 13 evaluation to be conducted by the entity concerning 14 the effectiveness of the activities carried out under 15 the grant or agreement. 16 ‘‘(2) REPORT.—Not later than 2 years after the 17 date of enactment of this section, the Secretary shall 18 submit to the appropriate committees of Congress a 19 report concerning the results of— 20 ‘‘(A) the evaluations conducted under 21 paragraph (1); and 22 ‘‘(B) an evaluation conducted by the Sec- 23 retary to analyze the effectiveness of the activi- 24 VerDate Sep 11 2014 05:25 May 23, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1450.IS S1450 kjohnson on DSK79L0C42 with BILLS 13 •S 1450 IS ties conducted with grants, collaborations, and 1 consultations under this section. 2 ‘‘(g) DEFINITIONS.—In this section: 3 ‘‘(1) ADOPTED CHILD.—The term ‘adopted 4 child’ means an individual who is under 21 years of 5 age and was adopted from foster care, through a 6 private placement agency, or from another country. 7 ‘‘(2) ADOPTION COMPETENCY.—The term 8 ‘adoption competency’ means an understanding of— 9 ‘‘(A) the nature of adoption as a form of 10 family formation and the different types of 11 adoption; 12 ‘‘(B) relevant emotional and physical 13 issues involved in the adoption process, includ- 14 ing issues relating to separation, loss, attach- 15 ment, abuse, trauma, and neglect; 16 ‘‘(C) common developmental challenges as- 17 sociated with adoption; 18 ‘‘(D) the characteristics and skills that 19 allow for suc [Text truncated for display. 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