§670. Congressional declaration of purpose; authorization of appropriations
For the purpose of enabling each State to provide, in appropriate cases, foster care and transitional independent living programs for children who otherwise would have been eligible for assistance under the State's plan approved under part A of this subchapter (as such plan was in effect on June 1, 1995) and adoption assistance for children with special needs, there are authorized to be appropriated for each fiscal year (commencing with the fiscal year which begins October 1, 1980) such sums as may be necessary to carry out the provisions of this part. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part.
(Aug. 14, 1935, ch. 531, title IV, §470, as added
References in Text
Part A of this subchapter, referred to in text, is classified to section 601 et seq. of this title.
Amendments
1996-
1986-
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 1711(d) of
Entitlement Funding for State Courts To Assess and Improve Handling of Proceedings Relating to Foster Care and Adoption
"(a)
"(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts)-
"(A) that implement parts B and E of title IV of such Act [part B of this subchapter and this part];
"(B) that determine the advisability or appropriateness of foster care placement;
"(C) that determine whether to terminate parental rights; and
"(D) that determine whether to approve the adoption or other permanent placement of a child; and
"(2) to implement changes deemed necessary as a result of the assessments.
"(b)
"(c)
"(1)
"(A) for fiscal year 1995, $75,000 plus the amount described in paragraph (2) for fiscal year 1995; and
"(B) for each of fiscal years 1996 through 2001, $85,000 plus the amount described in paragraph (2) for each of such fiscal years.
"(2)
"(d)
"(1) any or all costs of activities under this section in fiscal year 1995; and
"(2) not more than 75 percent of the cost of activities under this section in each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001."
Abandoned Infants Assistance
"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) throughout the Nation, the number of infants and young children who have been exposed to drugs taken by their mothers during pregnancy has increased dramatically;
"(2) the inability of parents who abuse drugs to provide adequate care for such 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;
"(3) an unacceptable number of these infants and young children will be medically cleared for discharge, yet remain in hospitals as boarder babies;
"(4) hospital-based child care for these infants and young children is extremely costly and deprives them of an adequate nurturing environment;
"(5) training is inadequate for foster care personnel working with medically fragile infants and young children and infants and young children exposed to drugs;
"(6) a particularly devastating development is the increase in the number of infants and young children who are infected with the human immunodeficiency virus (which is believed to cause acquired immune deficiency syndrome and which is commonly known as HIV) or who have been perinatally exposed to the virus or to a dangerous drug;
"(7) many such infants and young children have at least one parent who is an intravenous drug abuser;
"(8) such infants and young children 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, or by parents incapable of providing adequate care;
"(9) there is a need for comprehensive services for such infants and young children, including foster family care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services;
"(10) 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
"(11) there is a need for the development of funding strategies that coordinate and make the optimal use of all private resources, and Federal, State, and local resources, to establish and maintain such services.
"TITLE I-PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN IN HOSPITALS
"SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.
"(a)
"(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)
"(1) who are infected with the human immunodeficiency virus or who have been perinatally exposed to the virus; or
"(2) who have been perinatally exposed to a dangerous drug.
"(c)
"(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)
"(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)
"(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)
"(g)
"(h)
"SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
"(a)
"(b)
"(1)(A) The Secretary may enter into contracts or cooperative agreements with public or nonprofit private entities for the development and operation of model projects to disseminate the information described in subparagraph (B) to individuals who are disproportionately at risk of dysfunctional behaviors that lead to the abandonment of infants or young children.
"(B) The information referred to in subparagraph (A) is information on the availability to individuals described in such subparagraph, and the families of the individuals, of financial assistance and services under Federal, State, local, and private programs providing health services, mental health services, educational services, housing services, social services, or other appropriate services.
"(2) The Secretary may not provide a contract or cooperative agreement under paragraph (1) to an entity unless-
"(A) the entity has demonstrated expertise in the functions with respect to which such financial assistance is to be provided; and
"(B) the entity agrees that in disseminating information on programs described in such paragraph, the entity will give priority-
"(i) to providing the information to individuals described in such paragraph who-
"(I) engage in the abuse of alcohol or drugs, who are infected with the human immunodeficiency virus, or who have limited proficiency in speaking the English language; or
"(II) have been historically underserved in the provision of the information; and
"(ii) to providing information on programs that are operated in the geographic area in which the individuals involved reside and that will assist in eliminating or reducing the extent of behaviors described in such paragraph.
"(3) In providing contracts and cooperative agreements under paragraph (1), the Secretary may not provide more than 1 such contract or agreement with respect to any geographic area.
"(4) Subject to the availability of amounts made available in appropriations Acts for the fiscal year involved, the duration of a contract or cooperative agreement under paragraph (1) shall be for a period of 3 years, except that the Secretary may terminate such financial assistance 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 assistance.
"(c)
"(1) The Secretary shall conduct a study for the purpose of determining-
"(A) an estimate of the number of infants and young children abandoned in hospitals in the United States and the number of such infants and young children who are infants and young children described in section 101(b); and
"(B) an estimate of the annual costs incurred by the Federal Government and by State and local governments in providing housing and care for such infants and young children.
"(2) Not later than April 1, 1992, the Secretary shall complete the study required in paragraph (1) and submit to the Congress a report describing the findings made as a result of the study.
"(d)
"(1) The Secretary shall conduct a study for the purpose of determining the most effective methods for responding to the needs of abandoned infants and young children.
"(2) The Secretary shall, not later than April 1, 1991, complete the study required in paragraph (1) and submit to the Congress a report describing the findings made as a result of the study.
"SEC. 103. DEFINITIONS.
"For purposes of this title:
"(1) The terms 'abandoned' and 'abandonment', 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) The term 'dangerous drug' means a controlled substance, as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802].
"(3) 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.
"SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1) For the purpose of carrying out this title (other than section 102(b)), there are authorized to be appropriated $35,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.
"(2)(A) Of the amounts appropriated under paragraph (1) for any fiscal year in excess of the amount appropriated under this subsection for fiscal year 1991, as adjusted in accordance with subparagraph (B), the Secretary shall make available not less than 50 percent for grants under section 101(a) to carry out projects described in paragraph (8) of such section.
"(B) For purposes of subparagraph (A), the amount relating to fiscal year 1991 shall be adjusted for a fiscal year to a greater amount to the extent necessary to reflect the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with March of the preceding fiscal year.
"(3) Not more than 5 percent of the amounts appropriate under paragraph (1) for any fiscal year may be obligated for carrying out section 102(a).
"(b)
"(c)
"(1) For the purpose of the administration of this title 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) 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 1991.
"(d)
"TITLE II-MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME
"SEC. 201. STUDY AND REPORT ON ASSISTANCE.
"(a)
"(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)
"TITLE III-GENERAL PROVISIONS
"SEC. 301. DEFINITIONS.
"For purposes of this Act:
"(1) 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.
"(2) The term 'Secretary' means the Secretary of Health and Human Services."
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Study of Foster Care and Adoption Assistance Programs; Report to Congress Not Later Than October 1, 1983
Section 101(b) of