42 U.S.C. § 679 — Collection of data relating to adoption and

Page 2421 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 679 GIBILITY FOR SUCH ASSISTANCE.—Notwithstanding sec- tion 477(b)(3)(B) of the Social Security Act, a State may use— ‘‘(A) more than 30 percent of the amounts paid to the State from its allotment under section 477(c)(1) of such Act for a fiscal year, for room or board pay- ments; and ‘‘(B) any of such amounts for youth otherwise eli- gible for services under section 477 of such Act who— ‘‘(i) have attained 18 years of age and not 27 years of age; and ‘‘(ii) experienced foster care at 14 years of age or older. ‘‘(4) AUTHORITY TO PROVIDE DRIVING AND TRANSPOR- TATION ASSISTANCE.— ‘‘(A) USE OF FUNDS.—Funds provided under sec- tion 477 of the Social Security Act may be used to provide driving and transportation assistance to youth described in paragraph (3)(B) who have at- tained 15 years of age with costs related to obtain- ing a driver’s license and driving lawfully in a State (such as vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice hours, license fees, roadside assistance, deductible assistance, and assistance in purchasing an auto- mobile). ‘‘(B) MAXIMUM ALLOWANCE.—The amount of the assistance provided for each eligible youth under subparagraph (A) shall not exceed $4,000 per year, and any assistance so provided shall be disregarded for purposes of determining the recipient’s eligi- bility for, and the amount of, any other Federal or federally-supported assistance, except that the State agency shall take appropriate steps to pre- vent duplication of benefits under this and other Federal or federally-supported programs. ‘‘(C) REPORT TO THE CONGRESS.—Within 6 months after the end of the expenditure period, the Sec- retary shall submit to the Congress a report on the extent to which, and the manner in which, the funds to which subsection (a)(3) applies were used to provide technical assistance to State child wel- fare programs, monitor State performance and fos- ter youth outcomes, and evaluate program effec- tiveness.’’ [For definitions of terms used in section 3 of div. X of Pub. L. 116–260, set out above, see section 2 of div. X of Pub. L. 116–260, set out as a note under section 629h of this title.] TEMPORARY EXTENSION OF AVAILABILITY OF INDEPENDENT LIVING FUNDS Pub. L. 107–133, title II, § 202(b), Jan. 17, 2002, 115 Stat. 2425, extended the availability of payments made to a State under this section for fiscal year 2000 through fis- cal year 2002. FINDINGS Pub. L. 106–169, title I, § 101(a), Dec. 14, 1999, 113 Stat. 1823, provided that: ‘‘The Congress finds the following: ‘‘(1) States are required to make reasonable efforts to find adoptive families for all children, including older children, for whom reunification with their bio- logical family is not in the best interests of the child. However, some older children will continue to live in foster care. These children should be enrolled in an Independent Living program designed and conducted by State and local government to help prepare them for employment, postsecondary education, and suc- cessful management of adult responsibilities. ‘‘(2) Older children who continue to be in foster care as adolescents may become eligible for Independent Living programs. These Independent Living programs are not an alternative to adoption for these children. Enrollment in Independent Living programs can occur concurrent with continued efforts to locate and achieve placement in adoptive families for older chil- dren in foster care. ‘‘(3) About 20,000 adolescents leave the Nation’s fos- ter care system each year because they have reached 18 years of age and are expected to support them- selves. ‘‘(4) Congress has received extensive information that adolescents leaving foster care have significant difficulty making a successful transition to adult- hood; this information shows that children aging out of foster care show high rates of homelessness, non- marital childbearing, poverty, and delinquent or criminal behavior; they are also frequently the target of crime and physical assaults. ‘‘(5) The Nation’s State and local governments, with financial support from the Federal Government, should offer an extensive program of education, train- ing, employment, and financial support for young adults leaving foster care, with participation in such program beginning several years before high school graduation and continuing, as needed, until the young adults emancipated from foster care establish independence or reach 21 years of age.’’ STUDY AND REPORT EVALUATING EFFECTIVENESS OF PROGRAMS Pub. L. 101–239, title VIII, § 8002(d), Dec. 19, 1989, 103 Stat. 2453, provided that: ‘‘(1) STUDY.—The Secretary of Health and Human Services shall study the programs authorized under section 477 of the Social Security Act [42 U.S.C. 677] for the purposes of evaluating the effectiveness of the pro- grams. The study shall include a comparison of out- comes of children who participated in the programs and a comparable group of children who did not participate in the programs. ‘‘(2) REPORT.—Upon completion of the study, the Sec- retary shall issue a report to the Committee on Fi- nance of the Senate and the Committee on Ways and Means of the House of Representatives.’’ § 678. Rule of construction Nothing in this part shall be construed as pre- cluding State courts from exercising their dis- cretion to protect the health and safety of chil- dren in individual cases, including cases other than those described in section 671(a)(15)(D) of this title. (Aug. 14, 1935, ch. 531, title IV, § 478, as added Pub. L. 105–89, title I, § 101(d), Nov. 19, 1997, 111 Stat. 2117.) Editorial Notes PRIOR PROVISIONS A prior section 678, act Aug. 14, 1935, ch. 531, title IV, § 478, as added Oct. 22, 1986, Pub. L. 99–514, title XVIII, § 1883(b)(10)(A), 100 Stat. 2917, excluded from AFDC unit child for whom foster care maintenance payments are made, prior to repeal by Pub. L. 101–508, title V, § 5052(b), (c), Nov. 5, 1990, 104 Stat. 1388–228, applicable with respect to benefits for months beginning on or after the first day of the sixth calendar month fol- lowing November 1990. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as an Effective Date of 1997 Amendments note under section 622 of this title. § 679. Collection of data relating to adoption and foster care (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 Page 2422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 679 1 So in original. The semicolon probably should be a comma. Committee on Adoption and Foster Care Infor- mation (in this section referred to as the ‘‘Advi- sory 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 inci- dence, characteristics, and status of adop- tion 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 appropriate- ness of collecting data with respect to pri- vately arranged adoptions and adoptions ar- ranged through private agencies without as- sistance 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 administra- tive impact of implementing each such meth- od. (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 evalu- ating and making recommendations with re- spect to the various methods of establishing, ad- ministering, and financing a system for the col- lection of data with respect to adoption and fos- ter care in the United States. (4)(A) Subject to subparagraph (B), the mem- bership and organization of the Advisory Com- mittee shall be determined by the Secretary. (B) The membership of the Advisory Com- mittee shall include representatives of— (i) private, nonprofit organizations with an interest in child welfare (including organiza- tions that provide foster care and adoption services), (ii) organizations representing State and local governmental agencies with responsi- bility for foster care and adoption services, (iii) organizations representing State and local governmental agencies with responsi- bility 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 col- lection of health and social statistics, and (vi) organizations and agencies involved with privately arranged or international adop- tions. (5) After the date of the submission of the re- port 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 Sec- retary shall submit to the Congress a report that— (i) proposes a method of establishing, admin- istering, and financing a system for the collec- tion of data relating to adoption and foster care in the United States, (ii) evaluates the feasibility and appropriate- ness of collecting data with respect to pri- vately arranged adoptions and adoptions ar- ranged through private agencies without as- sistance from public child welfare agencies, and (iii) evaluates the impact of the system pro- posed under clause (i) on the agencies with re- sponsibility 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 ab- sence of such changes. (2) Not later than December 31, 1988, the Sec- retary shall promulgate final regulations pro- viding 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 im- plementation of the system not later than Octo- ber 1, 1991. (c) Data collection system Any data collection system developed and im- plemented under this section shall— (1) avoid unnecessary diversion of resources from agencies responsible for adoption and fos- ter care; (2) assure that any data that is collected is reliable and consistent over time and among jurisdictions through the use of uniform defi- nitions and methodologies; (3) provide comprehensive national informa- tion with respect to— (A) the demographic characteristics of adoptive and foster children and their bio- logical 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 place- ment, 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 out- side the State which has placement and care responsibility, (D) the extent and nature of assistance provided by Federal, State, and local adop- tion and foster care programs and the char- acteristics of the children with respect to whom such assistance is provided; 1 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 Page 2423 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 679b (ii) who were such victims while in foster care; and (4) utilize appropriate requirements and in- centives to ensure that the system functions reliably throughout the United States. (d) Data collection on adoption and legal guard- ianship disruption and dissolution To promote improved knowledge on how best to ensure strong, permanent families for chil- dren, the Secretary shall promulgate regula- tions 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 guard- ianship. The regulations shall require each State with a State plan approved under this part to collect and report as part of such data collec- tion 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 sub- sequently 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 associ- ated with the child’s post-adoption or post- guardianship entry to foster care. (Aug. 14, 1935, ch. 531, title IV, § 479, as added Pub. L. 99–509, title IX, § 9443, Oct. 21, 1986, 100 Stat. 2073; amended Pub. L. 103–432, title II, § 209(c), Oct. 31, 1994, 108 Stat. 4459; Pub. L. 113–183, title I, § 103, title II, § 208, Sept. 29, 2014, 128 Stat. 1922, 1940.) 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 AMENDMENT Amendment 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 COMMITTEES Advisory 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. § 679a. National Adoption Information Clearing- house The Secretary of Health and Human Services shall establish, either directly or by grant or contract, a National Adoption Information Clearinghouse. The Clearinghouse shall— (1) collect, compile, and maintain informa- tion obtained from available research, studies, and reports by public and private agencies, in- stitutions, or individuals concerning all as- pects of infant adoption and adoption of chil- dren with special needs; (2) compile, maintain, and periodically re- vise directories of information concerning— (A) crisis pregnancy centers, (B) shelters and residences for pregnant women, (C) training programs on adoption, (D) educational programs on adoption, (E) licensed adoption agencies, (F) State laws relating to adoption, (G) intercountry adoption, and (H) any other information relating to adoption for pregnant women, infertile cou- ples, adoptive parents, unmarried individ- uals who want to adopt children, individuals who have been adopted, birth parents who have placed a child for adoption, adoption agencies, social workers, counselors, or other individuals who work in the adoption field; (3) disseminate the information compiled and maintained pursuant to paragraph (1) and the directories compiled and maintained pur- suant to paragraph (2); and (4) upon the establishment of an adoption and foster care data collection system pursu- ant to section 679 of this title, disseminate the data and information made available through that system. (Pub. L. 99–509, title IX, § 9442, Oct. 21, 1986, 100 Stat. 2073.) Editorial Notes CODIFICATION Section was enacted as part of the Medicare and Med- icaid Budget Reconciliation Amendments of 1985 and also as part of the Omnibus Budget Reconciliation Act of 1986, and not as part of the Social Security Act which comprises this chapter. § 679b. Annual report (a) In general The Secretary, in consultation with Gov- ernors, State legislatures, State and local public officials responsible for administering child wel- fare programs, and child welfare advocates, shall— (1) develop a set of outcome measures (in- cluding length of stay in foster care, number of foster care placements, and number of adop- tions) that can be used to assess the perform- ance of States in operating child protection and child welfare programs pursuant to part B and this part to ensure the safety of children; (2) to the maximum extent possible, the out- come measures should be developed from data available from the Adoption and Foster Care Analysis and Reporting System; (3) develop a system for rating the perform- ance of States with respect to the outcome measures, and provide to the States an expla- nation of the rating system and how scores are determined under the rating system;