S 3038 · 110th Congress 2007โ€“2009, ended

Improved Adoption Incentives and Relative Guardianship Support Act of 2008

Latest action · Sep 16, 2008 Placed on Senate Legislative Calendar under General Orders. Calendar No. 972.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 20, 2008
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Improved Adoption Incentives and Relative Guardianship Support Act of 2008 - Title I: Extension and Improvement of Adoption Incentives - (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to: (1) extend the adoption incentives program through FY2012; (2) increase the incentive payment to a state, according to a specified formula, for exceeding the highest ever foster child adoption rate; and (3) increase incentive payments for special needs adoptions and older child adoptions.

(Sec. 102) Revises requirements for the adoption assistance program with respect to the adoption of children with special needs.

Title II: Support for Relative Guardianships - (Sec. 201) Gives states the option to provide for relative guardianship assistance payments for children. Prescribes requirements for such payments.

Requires the use of unawarded adoption incentive funds to make relative guardianship incentive payments.

Makes children who exit foster care for relative guardianship or adoption after age 16 eligible for independent living services and education and training vouchers under the John H. Chafee Foster Care Independence Program.

Requires a state plan for foster care and adoption assistance to provide that, within 30 days after removal of a child from the parent's or parents' custody, the state shall exercise due diligence to identify and notify all the child's adult relatives of the removal, and: (1) explain the relative's options to participate in the child's care and placement; (2) describe the requirements to become a foster family home, and the additional services and supports available for children placed in such a home; and (3) explain the availability, if any, of kinship guardianship assistance payments.

Provides for a penalty in connection with the state's Temporary Assistance for Needy Families grant for noncompliance with such notice requirements.

Requires the state to inform any individual who is adopting, or whom the state is made aware is considering adopting, a child in foster care under state responsibility of the individual's potential eligibility for a federal tax credit.

Sets forth case plan requirements in the case of a child with respect to whom the permanency plan is placement with a relative and receipt of relative guardianship assistance payments.

Requires states to check any child abuse and neglect registry maintained by other states in which a relative guardian has resided in the preceding five years before such an individual may be approved for placement of a child.

(Sec. 202) Directs the Secretary to establish up to 10 two-year demonstration projects to determine the extent to which flexibility in the application of certain licensing standards to foster family homes of immediate relative foster parents results in improved well-being and permanency outcomes for children in foster care.

(Sec. 203) Amends SSA title IV part B (Child and Family Services) to authorize the Assistant Secretary for Children and Families of the Department of Health and Human Services to make grants to eligible entities for the federal share (50%) of the cost of carrying out kinship navigator programs that help connect kinship caregivers with the services and assistance required to meet the needs of the children they are raising and their own needs.

Makes appropriations for such grants for FY2009-FY2013.

(Sec. 204) Amends SSA title IV part D (Child Support and Establishment of Paternity) to authorize comparisons and disclosures to state agencies of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes.

Title III: Tribal Foster Care and Adoption Access - (Sec. 301) Amends SSA title IV part E to allow an Indian tribe, tribal organization, or tribal consortium, if specified requirements are met, to receive direct federal funds for foster care and adoption services for Indian children it provides. Prescribes requirements for determination of the federal medical assistance percentage (FMAP) for calculating such payments.

Authorizes an Indian tribe, tribal organization, or tribal consortium to receive a portion of a state plan allotment as part of an agreement to operate the John H. Chafee Foster Care Independence Program.

(Sec. 302) Directs the Secretary to make grants to states that successfully collaborate with and support tribes to improve permanency outcomes for Indian children.

(Sec. 303) Directs the Secretary to establish a National Child Welfare Resource Center for Tribes.

Title IV: Support for Older Children in Foster Care and Other Provisions - (Sec. 401) Amends SSA title IV part E to give states the option of covering certain children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18.

(Sec. 402) Requires a state agency caseworker and appropriate other representatives of a child aging out of foster care to assist the child in developing a transition plan personalized at the child's direction, which includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, as well as work force supports and employment services.

(Sec. 403) Requires case plans under SSA title B or E to include a plan for ensuring the educational stability of the child while in foster care.

Title V: Revenue Provisions - (Sec. 501) Amends the Internal Revenue Code to: (1) require the children in adoption to be unmarried and younger than the taxpayer claiming a personal exemption for a dependent; and (2) restrict qualifying child tax benefits to the child's parent, or where no parent claims a qualifying child, to another taxpayer, but only if the other taxpayer's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents.

(Sec. 502) Provides for the collection of unemployment compensation debts resulting from fraud.

(Sec. 503) Authorizes the Secretary of the Treasury to invest U.S. operating cash in repurchase agreements with acceptable parties.

Cosponsors 18

Members who signed on, in the order they did. Signatures ran from Jun 6, 2008 to Sep 26, 2008.

SeatCosponsorSigned on
R-MSThad CochranJun 6, 2008
D-WVJohn D. Rockefeller IVJun 11, 2008
R-MESusan M. CollinsJun 17, 2008
D-ARBlanche L. LincolnJun 18, 2008
R-NHJohn E. SununuJun 19, 2008
D-NDByron L. DorganJun 20, 2008
R-TXKay Bailey HutchisonJun 25, 2008
R-MNNorm ColemanJul 14, 2008
D-LAMary L. LandrieuJul 16, 2008
D-OHSherrod BrownJul 16, 2008
D-INEvan BayhJul 21, 2008
D-SDTim JohnsonJul 21, 2008
R-OHGeorge V. VoinovichJul 29, 2008
D-ARMark L. PryorJul 29, 2008
D-MICarl LevinJul 30, 2008
D-NEBen NelsonSep 16, 2008
D-WAPatty MurraySep 18, 2008
R-UTOrrin G. HatchSep 26, 2008

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateFinance Committee
Referred May 20, 2008Markup Sep 10, 2008Reported Sep 16, 2008

Actions 5

Everything that happened, newest first.

  1. Sep 16, 2008Committee on Finance. Reported by Senator Baucus with an amendment in the nature of a substitute. With written report No. 110-467.
  2. Sep 16, 2008Placed on Senate Legislative Calendar under General Orders. Calendar No. 972.
  3. Sep 10, 2008Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
  4. May 20, 2008Introduced in Senate
  5. May 20, 2008Read twice and referred to the Committee on Finance.

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S9262Sherrod Brown D-OHSep 23, 2008

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Sep 15, 2008S. 3038, Improved Adoption Incentives and Relative Guardianship Support Act of 2008<p>Cost estimate for the bill as ordered reported by the Senate Committee on Finance on September 10, 2008</p>
  2. Sep 15, 2008S. 3038, Improved Adoption Incentives and Relative Guardianship Support Act of 2008Cost estimate for the bill as ordered reported by the Senate Committee on Finance on September 10, 2008

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs, and for other purposes.
Short Titles as Introduced
Improved Adoption Incentives and Relative Guardianship Support Act of 2008
Short Titles as Reported to Senate
Improved Adoption Incentives and Relative Guardianship Support Act of 2008

Subjects

Assigned by the Library of Congress. Policy area: Families.

Text 2

Each version as it was printed, newest first.

  1. Sep 16, 2008Reported to Senate
  2. May 20, 2008Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.