Adoption Legislation



Click here to view our matrix of current list of adoption legislation in progress.
 

Below you will find information regarding:

- Recent Updates (as of 8/19/2008)
- The ICARE Act (Intercountry Adoption Reform)
- The Natural Born Citizen Act
- The Adoption Promotion Act of 2003
- The Capital University Law School Adoption Law Website

Recent Updates

September 24, 2008 - On September 17, 2008, the House of Representatives unanimously passed H.R. 6893, the Fostering Connections to Success and Increasing Adoptions Act (H.R. 6893), by voice vote. This legislation targets specific deficiencies in the child welfare system and addresses some of the most important needs affecting foster children in America today, including extending federal foster care payments up to 21 years old, providing federal support for relatives caring for foster children, increasing access to foster care and adoption services to Native American tribes, and improving the oversight of the health and education needs of children in foster care. Major provisions of the bill include:

Helping Relatives Care For Foster Children – Continues federal assistance (at state option) to relatives assuming legal guardianship of eligible children for whom they have cared for as foster parents. Authorizes Family Connection Grants to increase involvement of relatives as caregivers and help them navigate public programs. Requires notification of close relatives when children are placed in foster care.

Extending Assistance to Foster Youth Up to the Age of 21 – Extends federal foster care payments up to the age of 19, 20 or 21 (at state option) for children living in supervised settings. Require youth receiving such assistance to be in school, work, or related activity. Extends adoption assistance and guardianship payments up to age 19, 20, or 21 (at state option) for children adopted or entering guardianship after attaining the age of 16.

Expanding Training Funds – Expands coverage of federal funds for the training of child welfare workers to include private agencies approved by the state.

Improving Oversight of Health Care – Includes overseeing plans for the health care needs of foster children, accounting for the assessment and treatment of health conditions and ensuring the continuity of care, medical records, and prescription drugs.

Promoting Educational Stability – Requires plan for ensuring the educational stability of children in foster care and mandate assurance of school attendance.

Increasing Aid for Tribal Foster Care – Provides direct federal foster care and adoption funding to tribal governments for children in their care.

Encouraging Sibling Placement – Requires reasonable efforts to place siblings together when removed from their homes.

Extending and Improving Adoption Incentives – Improves the Adoption Incentives Program for children adopted out of foster care, including increased bonuses for special needs and older child adoptions.

August 20, 2008 - Joint Council is very pleased to announce that the American Bar Association (ABA) passed a resolution in support of intercountry adoption as an integral part of child welfare.  Our appreciation and congratulations go out to the ABA for this significant contribution. In summary the resolution states,

 “The Recommendation supports international adoption as an integral part of a comprehensive child welfare strategy to address the worldwide problem of children without permanent homes and supports policies that make the process of international adoption more timely, less costly and less burdensome, while ensuring that international adoption practices are ethical and legal.”

Joint Council extends is appreciation to Karen Mathis, Immediate Past President of the ABA and to Jerome Shestack and Steven Walther, Co-Chairs of the Center for Human Rights for submitting the resolution and report.  We also thank all members of the ABA who contributed to this very important effort in support of intercountry adoption.

Beginning with our participation in Elizabeth Bartholet’s Harvard Roundtable, Joint Council has enjoyed a growing relationship with the ABA and look forward to participating in the ABA’s International Section Meeting in Belgium this fall.  Joint Council looks towards continuing this relationship and utilizing the resolution in our advocacy initiatives in the U.S. and around the world. 
 

August 19, 2008 - As reported by various news outlets, both Senator Barack Obama and Senator John McCain spoke to the issue of the world orphan crisis during their recent interview with Rick Warren, Pastor of Saddleback Church in California.  Senator Obama and Senator McCain both responded positively to Pastor Warren’s suggestion that a plan for orphans, similar to the President’s $15 billion Emergency Plan for Aids Relief (PEPFAR), was needed.
      
Joint Council extends its appreciation to Pastor Warren for bringing the world orphan crisis to the attention of the candidates for President of the United States and for his continued work on behalf of our world’s children.  We also congratulate both candidates for their positive response and hope that it will remain strong into the next Presidency.  

LAKE FOREST, CA (Aug 16) -- "Rick Warren told both Democratic candidate Barack Obama and his Republican rival John McCain at his Civic Form at Saddleback on Saturday night (August 16) that he believed that the time had come for a US Government supported Emergency Plan to deal with the 148 million orphans that now exist in the world.
       He said that the world urgently needs a plan and funding like the $15 billion that President Bush has made available to fight HIV/AIDS, to help orphans throughout the world.“We need a PEPFAR (President's Emergency Plan for AIDS Relief) for orphans in world,” Rick Warren said. “These orphans need to grow up in homes.”
        He first asked Barack Obama if he would support such a plan. “I think it's a great idea,” he replied. “I think it's something that we should sit down and figure out working between nongovernmental organizations, international institutions, the US government, try to figure out what can we do. I think that part of our plan, though, has to be how do we prevent more orphans in the first place and that means that we're helping to build the public health infrastructure around the world, that we are you know building on the great work that you and, by the way, this president has done when it comes to AIDS funding around the world.
        “I think you know I’m often a critic of President Bush but I think the PEPFAR program has saved lives and has done very good work and he deserves enormous credit for that.”
        When it came to his turn, Senator McCain said that he would also be willing to consider such a plan.
       “We also need to make adoption a lot easier in this country,” Senator McCain said. “That’s why so many people now go to other countries to adopt children.”
        Senator McCain then explained how he and his wife Cindy had an adopted daughter. He told how his wife, Mrs. Cindy McCain had gone to Dhaka, in Bangladesh, 17 years ago to visit with Mother Theresa. He said that Mother Theresa’s nuns gave her two little baby girls that were not going to live, if they stayed in that environment."

February 12, 2007 - To date eight bills have been introduced into Congress which if passed, would impact children’s services.  Please visit our Legislation Matrix  page for more information on each bill, its sponsor, the intent and action to date.  Joint Council will continue to monitor the progress of these various bills in the coming months.

November 28, 2006 - Joint Council President & CEO Tom DiFilipo and Executive Director Jennifer Mellon Peterson met with U.S. Representative Chris Smith's (NJ) office and staff from the House Committee on International Relations to discuss issues surrounding child welfare in Guatemala and Romania. We look forward to continuing our close relationship with the Committee and Representative Smith's office.

November 15, 2006 - Joint Council was invited by the House Subcommittee on Africa, Global Human Rights and International Operations to testify at the hearing, “Hague Convention on International Adoptions: Status and the Framework for Implementation”. Joint Council President & CEO Tom DiFilipo testified before the Subcommittee and brought his experience and expertise to the issues and concerns surrounding Implementation of the Hague Convention.  Click here to READ a copy of Tom's testimony. Click here to VIEW Tom's testimony (Panel 3 begins at 1:44:00) at the House of Representatives subcommittee.

ICARE Act (Intercountry Adoption Reform)

September 2007 - The latest information about the ICARE (Intercountry Adoption Reform) Act, can be accessed here.

Natural Born Citizen Act

On February 25, 2004 Senator Don Nickles (R-OK), Senator Mary Landrieu (D-LA) and Senator James Inhofe (R-OK) introduced a bipartisan bill (S. 2128) granting children born abroad to U.S. citizens, or adopted abroad by U.S. citizens, the same rights as native-born children including the right to run for President of the United States. 

Note: This bill has recently been introduced and is now in the Senate Committee on the Judiciary.  JCICS will monitor its progress and update our website if and when it is passed.

Adoption Promotion Act of 2003

The Adoption Promotion Act of 2003 (H.R.3182) extends the Adoption Incentive Program for another five years and focus greater attention on finding adoptive families for older children in foster care.  The legislation was passed by Congress on November 17, 2003 and by President Bush on December 2, 2003 and is now Public Law No: 108-145.

This bill authorizes $43 million per year in performance-based incentives to states that are successful in increasing the number of children adopted from foster care.  The bonus program, first created as part of the Adoption and Safe Families Act of 1997, has contributed to the substantial increase in adoptions in recent years--from 31,000 in fiscal year 1997 to approximately 51,000 in fiscal year 2002.

Despite recent progress made, many more children are in need of adoptive families. At the end of fiscal year 2002, 532,698 children remained in foster care, and 116,653 of the children in foster care had adoption as their permanent placement goal. About half of the children waiting to be adopted are over the age of nine.  Today, national data show that a child over the age of nine is more likely to remain in foster care through his or her 18th birthday than to find an adoptive home.

The Adoption Promotion Act of 2003 will help to change that statistic by encouraging
states to focus greater effort o

New Adoption Law Website

The National Center for Adoption Law & Policy at Capital University Law School, located in Columbus, Ohio, released the nation’s first comprehensive online compilation and synthesis of the law of adoption. This new e-tool, available at www.adoptionlawsite.org, provides free access to the adoption related statutes and regulations, as well as the key cases and articles, from every U.S. state and territory, along with federal and international materials.

To read the Center's press release, click here.


 

 

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