[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1912 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1912
To establish a national, research-based, and comprehensive home study
assessment process for the evaluation of prospective foster parents and
adoptive parents and provide funding to States and Indian tribes to
adopt such process.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2019
Mrs. Gillibrand (for herself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a national, research-based, and comprehensive home study
assessment process for the evaluation of prospective foster parents and
adoptive parents and provide funding to States and Indian tribes to
adopt such process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Adoption and Foster Care
Home Study Act''.
SEC. 2. DEMONSTRATION PROGRAM FOR THE IMPLEMENTATION OF A NATIONAL HOME
STUDY PROCESS.
Title II of the Child Abuse Prevention and Treatment Act and
Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended--
(1) in section 203(b) (42 U.S.C. 5113(b))--
(A) in paragraph (3)(A), by striking ``(including''
and inserting ``(including the national database
established under section 203A(c) but containing'';
(B) in paragraph (10)(B), by striking ``; and'' and
inserting ``;'';
(C) in paragraph (11)(C), by striking the period
and inserting ``; and''; and
(D) by adding at the end the following:
``(12) establish a demonstration program, not later than 1
year after the date of enactment of the National Adoption and
Foster Care Home Study Act, through which each participating
State or Indian tribe--
``(A) adopts the uniform, research-based home study
methodology for the evaluation of prospective foster
parents and adoptive parents developed by the Secretary
under section 203A(a); and
``(B) provides data gathered through operation of
the program to the Secretary, as the Secretary may
require for purposes of the national database under
section 203A(c).''; and
(2) by inserting after section 203 (42 U.S.C. 5113) the
following:
``SEC. 203A. NATIONAL HOME STUDY DEMONSTRATION PROGRAMS; NATIONAL
DATABASE.
``(a) Program Methodology.--Each demonstration program established
by a State or Indian tribe in accordance with section 203(b)(12) shall
use a uniform, research-based home study methodology for the evaluation
of prospective foster parents and adoptive parents (developed by the
Secretary after consultation with stakeholders and professionals in the
field of child welfare) that shall--
``(1) incorporate--
``(A) information gathering tools, including--
``(i) an initial written questionnaire that
is a uniform set of closed-ended questions with
a variety of possible answers that provides
significant family information;
``(ii) a secondary in-person questionnaire
that is administered in a private setting in
the home, and, if applicable, with both
applicants present together; and
``(iii) guidelines that describe
standardized questions that an individual
serving as a reference for the applicant uses
in writing a reference letter, to be sent
directly to such individual and not shared with
the applicant, and which is consistent with the
questionnaires described in clauses (i) and
(ii);
``(B) a written guidance document to assist home
study practitioners in performing a psychosocial
evaluation of the applicant that--
``(i) provides instructions on how to
systematically analyze information learned from
the information gathering tools described in
subparagraph (A) in order to identify specific
strengths and concerns of the applicant;
``(ii) provides sufficient information for
the home study practitioner to determine the
significance of behaviors and events in the
applicant's life in relation to being a
successful foster care or adoption provider;
and
``(iii) includes a rating system that will
be incorporated into the home study report
described in subparagraph (C); and
``(C) a model home study report that may, at the
discretion of the Secretary, be customized by a State
or Indian tribe as necessary to comply with State or
tribal and local regulations and requirements;
``(2) ensure ongoing training of home study certified
personnel; and
``(3) designate a home study auditor to ensure quality
control and accuracy of information provided to placing
agencies.
``(b) Grants.--The Secretary shall make grants to States and Indian
tribes to enable and encourage the States and Indian tribes to
establish demonstration programs in accordance with section 203(b)(12).
``(c) National Database.--The Secretary shall establish a secure
national database of home study reports filed by home study
practitioners using the home study methodology described in subsection
(a). Such database shall be accessible only to State and tribal foster
care and adoption agencies, or a designated entity, as determined by
the lead agency in the State, to assist with the selection of
prospective foster parents and adoptive parents.
``(d) Condition on Participation in Demonstration Project.--As a
condition for participating in the demonstration program under section
203(b)(12), a State or Indian tribe shall agree to recognize as valid
all home study reports listed in the database described in subsection
(c), including such reports filed by other States or Indian tribes.
``(e) Evaluation.--The Secretary shall enter into a contract with
an independent entity to--
``(1) carry out a periodic evaluation of the home study
methodology established under subsection (a) and the
demonstration programs established in accordance with section
203(b)(12); and
``(2) submit to the Secretary a report that includes--
``(A) a description of the extent to which such
methodology--
``(i) meets the requirements of each of
paragraphs (1) through (3) of subsection (a);
``(ii) expedites the screening of
caregivers to promote more family-based care
over institutional care for children;
``(iii) provides cost savings to State or
Indian tribe foster care and adoption systems,
``(iv) reduces the number of children
waiting for foster care or adoptive placement;
and
``(v) reduces the number of prospective
families waiting for foster care or adoptive
placement; and
``(B) recommendations for expanding the
demonstration program and home study methodology to all
States and Indian tribes.''; and
(3) in section 205(b) (42 U.S.C. 5115(b)), by adding at the
end the following: ``The Secretary may allocate such sums as
the Secretary determines to be appropriate from the funds
appropriated under subsection (a) for activities under sections
203(b)(12) and 203A.''.
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