PRIA, Government Policy, Made Personal

Summary

Create an Advisory Committee on Adoption and Foster Care Information within 90 days after October 21, 1986. The committee must study how to set up, run, and pay for a national system to collect adoption and foster care data. The study must say what kinds of data are needed to track adoption and foster care trends and to guide policy, check whether privately arranged and private-agency adoptions should be included, test different ways to collect data, and estimate costs and administrative effects. The committee must send its report to the Secretary and Congress by October 1, 1987. The Secretary decides how the committee is run, but its members must include groups for child welfare nonprofits, state and local agencies that run foster/adoption services or collect health and social statistics, family court representatives, federal statistics agencies, and groups dealing with private or international adoptions. The committee ends after it files its report. By July 1, 1988, the Secretary must send Congress a plan for creating, running, and funding the data system, say how to handle private adoptions, and describe the system’s impact on agencies. The report must list any law changes needed and say what system will be used if the changes are not made. By December 31, 1988, the Secretary must issue final rules to put the chosen system in place and must fully implement it by October 1, 1991. The system must not pull away needed resources from care agencies, must use uniform definitions so data is reliable and comparable, and must give national information on: demographics of children and parents; foster care status (counts, placement length and type, availability for adoption, goals); numbers and traits of children placed, removed, adopted, or placed out-of-state; the help provided by public programs; and each year the number of foster children identified as sex trafficking victims before entering foster care and while in foster care. The Secretary must also make rules requiring States with approved plans to collect and report how many children enter foster care after a finalized adoption or legal guardianship, and may require related details (like prior placement length, ages, agency type, and other factors).

Title 42, §679

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Advisory Committee on Adoption and Foster Care Information

(1)Not later than 90 days after October 21, 1986, the Secretary shall establish an Advisory Committee on Adoption and Foster Care Information (in this section referred to as the “Advisory Committee”) to study the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.

(2)The study required by paragraph (1) shall—

(A)identify the types of data necessary to—

(i)assess (on a continuing basis) the incidence, characteristics, and status of adoption and foster care in the United States, and

(ii)develop appropriate national policies with respect to adoption and foster care;

(B)evaluate the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies;

(C)assess the validity of various methods of collecting data with respect to adoption and foster care; and

(D)evaluate the financial and administrative impact of implementing each such method.

(3)Not later than October 1, 1987, the Advisory Committee shall submit to the Secretary and the Congress a report setting forth the results of the study required by paragraph (1) and evaluating and making recommendations with respect to the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.

(4)(A)Subject to subparagraph (B), the membership and organization of the Advisory Committee shall be determined by the Secretary.

(B)The membership of the Advisory Committee shall include representatives of—

(i)private, nonprofit organizations with an interest in child welfare (including organizations that provide foster care and adoption services),

(ii)organizations representing State and local governmental agencies with responsibility for foster care and adoption services,

(iii)organizations representing State and local governmental agencies with responsibility for the collection of health and social statistics,

(iv)organizations representing State and local judicial bodies with jurisdiction over family law,

(v)Federal agencies responsible for the collection of health and social statistics, and

(vi)organizations and agencies involved with privately arranged or international adoptions.

(5)After the date of the submission of the report required by paragraph (3), the Advisory Committee shall cease to exist.

(b)Report to Congress; regulations

(1)(A)Not later than July 1, 1988, the Secretary shall submit to the Congress a report that—

(i)proposes a method of establishing, administering, and financing a system for the collection of data relating to adoption and foster care in the United States,

(ii)evaluates the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies, and

(iii)evaluates the impact of the system proposed under clause (i) on the agencies with responsibility for implementing it.

(B)The report required by subparagraph (A) shall—

(i)specify any changes in law that will be necessary to implement the system proposed under subparagraph (A)(i), and

(ii)describe the type of system that will be implemented under paragraph (2) in the absence of such changes.

(2)Not later than December 31, 1988, the Secretary shall promulgate final regulations providing for the implementation of—

(A)the system proposed under paragraph (1)(A)(i), or

(B)if the changes in law specified pursuant to paragraph (1)(B)(i) have not been enacted, the system described in paragraph (1)(B)(ii).

Such regulations shall provide for the full implementation of the system not later than October 1, 1991.

(c)Data collection system

Any data collection system developed and implemented under this section shall—

(1)avoid unnecessary diversion of resources from agencies responsible for adoption and foster care;

(2)assure that any data that is collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies;

(3)provide comprehensive national information with respect to—

(A)the demographic characteristics of adoptive and foster children and their biological and adoptive or foster parents,

(B)the status of the foster care population (including the number of children in foster care, length of placement, type of placement, availability for adoption, and goals for ending or continuing foster care),

(C)the number and characteristics of—

(i)children placed in or removed from foster care,

(ii)children adopted or with respect to whom adoptions have been terminated, and

(iii)children placed in foster care outside the State which has placement and care responsibility,

(D)the extent and nature of assistance provided by Federal, State, and local adoption and foster care programs and the characteristics of the children with respect to whom such assistance is provided; and

(E)the annual number of children in foster care who are identified as sex trafficking victims—

(i)who were such victims before entering foster care; and

(ii)who were such victims while in foster care; and

(4)utilize appropriate requirements and incentives to ensure that the system functions reliably throughout the United States.

(d)Data collection on adoption and legal guardianship disruption and dissolution

To promote improved knowledge on how best to ensure strong, permanent families for children, the Secretary shall promulgate regulations providing for the collection and analysis of information regarding children who enter into foster care under the supervision of a State after prior finalization of an adoption or legal guardianship. The regulations shall require each State with a State plan approved under this part to collect and report as part of such data collection system the number of children who enter foster care under supervision of the State after finalization of an adoption or legal guardianship and may include information concerning the length of the prior adoption or guardianship, the age of the child at the time of the prior adoption or guardianship, the age at which the child subsequently entered foster care under supervision of the State, the type of agency involved in making the prior adoptive or guardianship placement, and any other factors determined necessary to better understand factors associated with the child’s post-adoption or post-guardianship entry to foster care.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (c)(3)(E). Pub. L. 113–183, § 103, added subpar. (E). Subsec. (d). Pub. L. 113–183, § 208, added subsec. (d). 1994—Subsec. (c)(3)(C)(iii). Pub. L. 103–432 added cl. (iii).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–432 effective with respect to fiscal years beginning on or after Oct. 1, 1995, see section 209(d) of Pub. L. 103–432, set out as a note under section 675 of this title. Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§679 Collection of Data Relating to Adoption and Foster Care