mothers loss in TN

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mommieslilgrl
Posts: 9
Joined: Tue Nov 22, 2005 8:08 pm

mothers loss in TN

Postby mommieslilgrl » Tue Nov 22, 2005 11:04 pm

I HAVE A 15 YEAR OLD DAUGHTER AND A ONE MONTH OLD GRANDSON IN FOSTER CARE IN TENNESSEE.ON AUG 10TH I WAS GRANTED CUSTODY OF MY DAUGHTER,ON AUG 18TH SHE WAS TAKEN AND PLACED IN STATES CUSTODY.DURING THIS TIME I NEVER RECIEVED A 24 HOUR NOTICE OF REMOVAL.OCT 22ND MY DAUGHTER GAVE BIRTH TO A BEAUTIFUL BABY BOY.OCT 24TH HE WAS TAKEN AND PLACED IN PROTECTIVE CUSTODY ALONG WITH MY DAUGHTER.I AM VERY CONCERNED FOR THE SAFETY AND WELL BEING OF MY DAUGHTER AND HER SON MATTHEW.OUT OF DESPERATION FOR SOME HELP I AM WRITTING THIS TO HAVE THESE CONCERNS ADDRESSED.SINCE MY DAUGHTER IS ONLY 15 YEARS OF AGE SHE HAS BEEN MANUPLATED BY ALL THE PEOPLE WHO ARE SUPPOSE TO BE PROTECTING THE RIGHTS OF MY DAUGHTER AND HER SON INTO SIGNING PAPERS TO GIVE HER CHILD UP FOR ADOPTION.SHE DESREVES THE CHANCE TO RAISE HER CHILD AND LIVE A NORMAL LIFE WITH HER BABY.IF FOR SOME REASON SHE IS FORCED INTO DOING SUCH A THING THE STATE WILL RECIEVE A 10,000 THOUSAND DOLLAR BONUS.THESE ARE INNOCENT LIVES THE STATE HAS PREYED ON .THIS IS A CRUEL AND GROSS VIOLATION OF MY DAUGHTERS RIGHTS.I THINK MY DAUGHTER SHOULD BE HEARD THAT IS HER RIGHT (FREEDOM OF SPEECH)I WOULD ALSO LIKE TO ADDRESS THE ISSUE I HAVE WITH MY DAUGHTERS FOSTER PARENTS IT HAS BEEN BROUGHT TO MY ATTENTION THAT ONE OF HER CAREGIVERS HAS HAD SOME PROBLEM WITH CHILD ABUSE IN THE PAST HOW IN THE WORLD HAS THE GOVERNMENT LOOKING PAST 90% OF THE ABUSE THAT GOES ON IS INSIDE THESE FOSTER HOMES.CASES OF CHILDREN HAVE BEEN REPORTED MISSING OR MISPLACED UNDER THE CARE OF THE DEPT. OF CHILDREN SERVICES THIS IS AN AGENCY THAT IS SUPPOSE TO PROTECT OUR CHILDREN.THIS IS A PROBLEM WE HAVE ALL ACROSS AMERICA AND THIS ISSUES NEED TO BE ADDRESSED.THIS IS SUPPOSE TO BE THE LAND OF THE FREE WE WONT EVER BE FREE UNLESS THE GOVERNMENT STOPS STEALING OUR CHILDREN.HELP PROTECT THE RIGHTS OF OUR CHILDREN.SAVE OUR NATION FROM ANY MORE ABUSE.GOD BLESS MOMMIESLILGRL

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good dad
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Postby good dad » Wed Nov 23, 2005 7:08 am

Hi mommieslilgrl welcome to the board....

When you post try not to use all caps...It makes it harder to read :wink:

Your daughter can "take back" signing paperwork for adoption..

I must leave for work, but will post more details on it tonight if no one else has by then... :wink:
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My advice is my opinion and not legal advice
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Frustrated
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Postby Frustrated » Wed Nov 23, 2005 9:47 am

Yes, this is happening in our Country as we speak and no one believes that this is in fact happening behind closed doors. I am too sad to hear stories like these. I know the facts you are saying is true, because my Partner's Cousin, grew up in the Foster Care System, since he was 3 yrs old, and now he is 21 and he said it was horrible in there, and has alot of abuses going on.

One Foster Parent told me few days ago, saying "CPS just wants to get rid of them and put them into Adoption quicker so they can go back to their ususal rountines". This is the Same Foster parent that has 4 siblings in her Home, two girls ages 7/8 and two boys 12/13, and all of them are given up for Adoption. There is to be a TPR hearing, where they will Terminate Parental Rights, and the Three of them wouldn't mind for Adoption but the oldest 13 yrs old does not want to be put up for Adoption. This Foster Parent acknowledges that CPS are not protecting Children, and just getting rid of them and shifting them into Adoptions in a quickest way. This Foster Parent is also adopting 13 yrs old Girl that was sexually molested by a Brother and her Parents got their Parental Rights Terminated. But she said she cannot adopt all 4 siblings and say that they all have to go. She knows that the other place in Foster Care System has its abuses, and she said yes, it is true. This is the Foster Parent saying this.

Anyhow, You need to get the State Ombudsman, for your Daughter's Rights, and Child's Rights Adovcate, you need to contact them immediately and tell them that your Daughter's Rights are being misused and forced into these things. You need to tell your Daughter to contact the State Ombudsman by writing her complaints. All she needs is a Paper and Pen, to write her Concerns, and you can write your Concerns and it will be sent to State OMbusdman, then they will look into the Case to see if the Rights are being violated. You need to get a Lawyer for your Daughter. You can try call Legal Aid, and Legal Aid will help your Daughter. Tell Legal Aid that your Daughter is being forced into signing papers that she did not want to.

That is a start, maybe Good Dad has more insights than I do. :wink:

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Dazeemay
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Postby Dazeemay » Wed Nov 23, 2005 11:21 am

Several things need to be done such as Good_Dad and Frustrated have mentioned.

Before I get into those things I want to say this. I know that when our granddaughter was in foster care they made it very difficult for us to have contact with her. Our visitations were limited and monitored. Is this your case? Are they letting you see the grandson?

That being said here are some things to do.

As Good_Dad mentioned your daughter can do a rescind signature. This is why I questioned whether you see her or are montitored because it might be difficult to get this to her to do.

CAUSE NUMBER:__________________


NOTICE OF
RESCIND OF SIGNATURE



NOW COMES ______________________ natural/common, ___________________ in
above case matter hereby files and states for the record that _________
signature on the visitations agreement which was obtained from ________ by
the DFS/CPS of this county, its Associates, the Juvenile Court of this
county, its Associates all acting Under The Color of Law * was fraudulently
obtained by all above parties who are detaining ________ children and who
Willfully and knowingly did not fully disclosure to __________ as to the
ramifications and the full effect of the signing of that document. That
document in question would only allow ________ visitation "only" if
__________ would volunteer to refrain from bringing a recording devise and a
person of __________ choosing to the visitations of ___________ children.

By __________ signature now, _____________________________ hereby rescind on
____________signature on that document in question in which refrains
___________ from bringing a recording devise or the bringing of a person of
her choosing to visitations of ___________ children. The lack of full
disclosure and fraudulent representations vitiate that document in question
with ___________ signature in which that agreement was reach is hereby
declared NULL and VOID as of this date of _______/______/ 2001.

Signature of Rescinding Party:

_________________________________ Date:
_____/______/ 2001

Color of Law -Misuse of power, possessed by virtue of state law and made
possible only because wrongdoer is clothed with the authority of the state,
when action is taken under "Color of State Law."



STATE OF } ___________________

COUNTY OF } ___________________

On _________________ before me,________________________________ ,personally

appeared _______________________________ , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names is
in their authorized capacities, and that by their signatures on this
instrument the persons, or the entity upon behalf of which the persons acted,
executed this instrument. I WITNESS my hand and official seal



Signature _________________________________.
(NOTARY)


Signer: ______ Known _______ Unknown


TYPES OF ID Produced
___________________________

(Seal)

Here is a site about what lawyers are suppose to do according to the American Bar Association.

http://forum.fightcps.com/viewtopic.php?t=2377

I have been advising parents to go to legal aid on the behalf of their children. If they object to helping you I would present the above info to them in regards to what the American Bar Association says. According to what they believe you are suppose to be considered for this grandchild and they are suppose to help you and your daughter.

Here is the link to the Ombudsmans Office

http://www.state.tn.us/tccy/ombuds.html

Link to dcfs policies in TN http://www.state.tn.us/youth/policies/chapter14.htm

Link for grandparents TN Brenda LeQuire is legislating for defacto custodial bill http://www.grandparentsforchildren.org/news.htm

Personally I would get started with legal aid as soon as you can and then do all of the other after initiating this step.

Make sure you read their policy book. Go directly to the directors office with all of the policies they ignored. Make sure you have a paper trail of all documents. When you go to the directors office do a cc of all persons you are contacting. The Ombudsman, caseworker, supervisors etc.

Be sure all letters get hand delivered with a receipt sent back to you so that you have all of this evidence.

Here is a link to grandparents Federal Law. Make sure your lawyer gets this if you obtain one. Also send it to everyone you write.

[color=darkblue]So many grandparents are losing grandchildren to the foster care system and they are not aware of the Adoption and Safe Families Act (ASFA), which mandates that suitable relatives be found before placement of children into foster care. Please make the children’s case worker aware of this law and your knowledge of it and share with your attorney as well. Children have a right to be placed with family members and the law demands it. This following is the ASFA law:



Public Law 105-89, The Adoption and Safe Families Act of 1997
Signed into law on November 19, 1997


H. R. 867
One Hundred Fifth Congress
of the
United States of America

An Act
To promote the adoption of children in foster care.

==============================

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the "Adoption and Safe
Families Act of 1997".

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS

Sec. 101. Clarification of the reasonable efforts requirement.

Sec. 102. Including safety in case plan and case review system requirements.

Sec. 103. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care.

Sec. 104. Notice of reviews and hearings; opportunity to be heard.

Sec. 105. Use of the Federal Parent Locator Service for child welfare
services.

Sec. 106. Criminal records checks for prospective foster and adoptive
parents.

Sec. 107. Documentation of efforts for adoption or location of a permanent
home.

TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

Sec. 201. Adoption incentive payments.

Sec. 202. Adoptions across State and county jurisdictions.

Sec. 203. Performance of States in protecting children.

TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

Sec. 301. Authority to approve more child protection demonstration projects.

Sec. 302. Permanency hearings.

Sec. 303. Kinship care.

Sec. 304. Clarification of eligible population for independent living
services.

Sec. 305. Reauthorization and expansion of family preservation and support
services.

Sec. 306. Health insurance coverage for children with special needs.

Sec. 307. Continuation of eligibility for adoption assistance payments on
behalf of children with special needs whose initial adoption
has been dissolved.

Sec. 308. State standards to ensure quality services for children in foster
care.

TITLE IV--MISCELLANEOUS

Sec. 401. Preservation of reasonable parenting.

Sec. 402. Reporting requirements.

Sec. 403. Sense of Congress regarding standby guardianship.

Sec. 404. Temporary adjustment of Contingency Fund for State Welfare
Programs.

Sec. 405. Coordination of substance abuse and child protection services.

Sec. 406. Purchase of American-made equipment and products.

TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.


TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR
FOSTER CARE AND ADOPTION PLACEMENTS

SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIREMENT.

(a) In General.--Section 471(a)(15) of the Social Security Act (42 U.S.C.
671(a)(15)) is amended to read as follows:

"(15) provides that--

"(A) in determining reasonable efforts to be made with respect to
a child, as described in this paragraph, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern;

"(B) except as provided in subparagraph (D), reasonable efforts
shall be made to preserve and reunify families--

"(i) prior to the placement of a child in foster care, to
prevent or eliminate the need for removing the child from the
child's home; and

"(ii) to make it possible for a child to safely return to the
child's home;

"(C) if continuation of reasonable efforts of the type described
in subparagraph (B) is determined to be inconsistent with the
permanency plan for the child, reasonable efforts shall be made to
place the child in a timely manner in accordance with the permanency
plan, and to complete whatever steps are necessary to finalize the
permanent placement of the child;

"(D) reasonable efforts of the type described in subparagraph (B)
shall not be required to be made with respect to a parent of a child
if a court of competent jurisdiction has determined that--

"(i) the parent has subjected the child to aggravated
circumstances (as defined in State law, which definition may
include but need not be limited to abandonment, torture, chronic
abuse, and sexual abuse);

"(ii) the parent has--

"(I) committed murder (which would have been an offense
under section 1111(a) of title 18, United States Code, if the
offense had occurred in the special maritime or territorial
jurisdiction of the United States) of another child of the
parent;

"(II) committed voluntary manslaughter (which would have
been an offense under section 1112(a) of title 18, United
States Code, if the offense had occurred in the special
maritime or territorial jurisdiction of the United States) of
another child of the parent;

"(III) aided or abetted, attempted, conspired, or
solicited to commit such a murder or such a voluntary
manslaughter; or

"(IV) committed a felony assault that results in serious
bodily injury to the child or another child of the parent; or

"(iii) the parental rights of the parent to a sibling have
been terminated involuntarily;

"(E) if reasonable efforts of the type described in subparagraph
(B) are not made with respect to a child as a result of a
determination made by a court of competent jurisdiction in accordance
with subparagraph (D)--

"(i) a permanency hearing (as described in section 475(5)(C))
shall be held for the child within 30 days after the
determination; and

"(ii) reasonable efforts shall be made to place the child in
a timely manner in accordance with the permanency plan, and to
complete whatever steps are necessary to finalize the permanent
placement of the child; and

"(F) reasonable efforts to place a child for adoption or with a
legal guardian may be made concurrently with reasonable efforts of
the type described in subparagraph (B);".

(b) Definition of Legal Guardianship.--Section 475 of such Act (42 U.S.C.
675) is amended by adding at the end the following:

"(7) The term 'legal guardianship' means a judicially created
relationship between child and caretaker which is intended to be
permanent and self-sustaining as evidenced by the transfer to the
caretaker of the following parental rights with respect to the child:
protection, education, care and control of the person, custody of the
person, and decisionmaking. The term 'legal guardian' means the caretaker
in such a relationship.".

(c) Conforming Amendment.--Section 472(a)(1) of such Act (42 U.S.C.
672(a)(1)) is amended by inserting "for a child" before "have been made".

(d) Rule of Construction.--Part E of title IV of such Act (42 U.S.C. 670-
679) is amended by inserting after section 477 the following:

"SEC. 478. RULE OF CONSTRUCTION.

"Nothing in this part shall be construed as precluding State courts from
exercising their discretion to protect the health and safety of children in
individual cases, including cases other than those described in section
471(a)(15)(D).".

SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.

Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended--

(1) in section 422(b)(10)(B)--

(A) in clause (iii)(I), by inserting "safe and" after "where";
and

(B) in clause (iv), by inserting "safely" after "remain"; and

(2) in section 475--

(A) in paragraph (1)--

(i) in subparagraph (A), by inserting "safety and" after
"discussion of the"; and

(ii) in subparagraph (B)--

(I) by inserting "safe and" after "child receives"; and

(II) by inserting "safe" after "return of the child to
his own"; and

(B) in paragraph (5)--

(i) in subparagraph (A), in the matter preceding clause (i),
by inserting "a safe setting that is" after "placement in"; and

(ii) in subparagraph (B)--

(I) by inserting "the safety of the child," after
"determine"; and

(II) by inserting "and safely maintained in" after
"returned to".

SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.

(a) Requirement for Proceedings.--Section 475(5) of the Social Security
Act (42 U.S.C. 675(5)) is amended--

(1) by striking "and" at the end of subparagraph (C);

(2) by striking the period at the end of subparagraph (D) and
inserting "; and"; and

(3) by adding at the end the following:

"(E) in the case of a child who has been in foster care under the
responsibility of the State for 15 of the most recent 22 months, or,
if a court of competent jurisdiction has determined a child to be an
abandoned infant (as defined under State law) or has made a
determination that the parent has committed murder of another child
of the parent, committed voluntary manslaughter of another child of
the parent, aided or abetted, attempted, conspired, or solicited to
commit such a murder or such a voluntary manslaughter, or committed a
felony assault that has resulted in serious bodily injury to the
child or to another child of the parent, the State shall file a
petition to terminate the parental rights of the child's parents (or,
if such a petition has been filed by another party, seek to be joined
as a party to the petition), and, concurrently, to identify, recruit,
process, and approve a qualified family for an adoption, unless--

"(i) at the option of the State, the child is being cared for
by a relative;

"(ii) a State agency has documented in the case plan (which
shall be available for court review) a compelling reason for
determining that filing such a petition would not be in the best
interests of the child; or

"(iii) the State has not provided to the family of the child,
consistent with the time period in the State case plan, such
services as the State deems necessary for the safe return of the
child to the child's home, if reasonable efforts of the type
described in section 471(a)(15)(B)(ii) are required to be made
with respect to the child.".

(b) Determination of Beginning of Foster Care.--Section 475(5) of the
Social Security Act (42 U.S.C. 675(5)), as amended by subsection (a), is
amended--

(1) by striking "and" at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and
inserting "; and"; and

(3) by adding at the end the following:

"(F) a child shall be considered to have entered foster care on
the earlier of--

"(i) the date of the first judicial finding that the child
has been subjected to child abuse or neglect; or

"(ii) the date that is 60 days after the date on which the
child is removed from the home.".

(c) Transition Rules.--

(1) New foster children.--In the case of a child who enters foster
care (within the meaning of section 475(5)(F) of the Social Security Act)
under the responsibility of a State after the date of the enactment of
this Act--

(A) if the State comes into compliance with the amendments made
by subsection (a) of this section before the child has been in such
foster care for 15 of the most recent 22 months, the State shall
comply with section 475(5)(E) of the Social Security Act with respect
to the child when the child has been in such foster care for 15 of
the most recent 22 months; and

(B) if the State comes into such compliance after the child has
been in such foster care for 15 of the most recent 22 months, the
State shall comply with such section 475(5)(E) with respect to the
child not later than 3 months after the end of the first regular
session of the State legislature that begins after such date of
enactment.

(2) Current foster children.--In the case of children in foster care
under the responsibility of the State on the date of the enactment of
this Act, the State shall--

(A) not later than 6 months after the end of the first regular
session of the State legislature that begins after such date of
enactment, comply with section 475(5)(E) of the Social Security Act
with respect to not less than 1/3 of such children as the State
shall select, giving priority to children for whom the permanency
plan (within the meaning of part E of title IV of the Social Security
Act) is adoption and children who have been in foster care for the
greatest length of time;

(B) not later than 12 months after the end of such first regular
session, comply with such section 475(5)(E) with respect to not less
than 2/3 of such children as the State shall select; and

(C) not later than 18 months after the end of such first regular
session, comply with such section 475(5)(E) with respect to all of
such children.

(3) Treatment of 2-year legislative sessions.--For purposes of this
subsection, in the case of a State that has a 2-year legislative session,
each year of the session is deemed to be a separate regular session of
the State legislature.

(4) Requirements treated as state plan requirements.--For purposes of
part E of title IV of the Social Security Act, the requirements of this
subsection shall be treated as State plan requirements imposed by section
471(a) of such Act.

(d) Rule of Construction.--Nothing in this section or in part E of title
IV of the Social Security Act (42 U.S.C. 670 et seq.), as amended by this
Act, shall be construed as precluding State courts or State agencies from
initiating the termination of parental rights for reasons other than, or for
timelines earlier than, those specified in part E of title IV of such Act,
when such actions are determined to be in the best interests of the child,
including cases where the child has experienced multiple foster care
placements of varying durations.

SEC. 104. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE HEARD.

Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended
by section 103, is amended--

(1) by striking "and" at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (F) and
inserting "; and"; and

(3) by adding at the end the following:

"(G) the foster parents (if any) of a child and any preadoptive
parent or relative providing care for the child are provided with
notice of, and an opportunity to be heard in, any review or hearing
to be held with respect to the child, except that this subparagraph
shall not be construed to require that any foster parent, preadoptive
parent, or relative providing care for the child be made a party to
such a review or hearing solely on the basis of such notice and
opportunity to be heard.".

SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE
SERVICES.

Section 453 of the Social Security Act (42 U.S.C. 653) is amended--

(1) in subsection (a)(2)--

(A) in the matter preceding subparagraph (A), by inserting "or
making or enforcing child custody or visitation orders," after
"obligations,"; and

(B) in subparagraph (A)--

(i) by striking "or" at the end of clause (ii);

(ii) by striking the comma at the end of clause (iii) and
inserting "; or"; and

(iii) by inserting after clause (iii) the following:

"(iv) who has or may have parental rights with respect to a
child,"; and

(2) in subsection (c)--

(A) by striking the period at the end of paragraph (3) and
inserting "; and"; and

(B) by adding at the end the following:

"(4) a State agency that is administering a program operated under a
State plan under subpart 1 of part B, or a State plan approved under
subpart 2 of part B or under part E.".

SEC. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE
PARENTS.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--

(1) by striking "and" at the end of paragraph (18);

(2) by striking the period at the end of paragraph (19) and inserting
"; and"; and

(3) by adding at the end the following:

"(20)(A) unless an election provided for in subparagraph (B) is made
with respect to the State, provides procedures for criminal records
checks for any prospective foster or adoptive parent before the foster or
adoptive parent may be finally approved for placement of a child on whose
behalf foster care maintenance payments or adoption assistance payments
are to be made under the State plan under this part, including procedures
requiring that--

"(i) in any case in which a record check reveals a felony
conviction for child abuse or neglect, for spousal abuse, for a crime
against children (including child pornography), or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault or battery, if a State finds
that a court of competent jurisdiction has determined that the felony
was committed at any time, such final approval shall not be granted;
and

"(ii) in any case in which a record check reveals a felony
conviction for physical assault, battery, or a drug-related offense,
if a State finds that a court of competent jurisdiction has
determined that the felony was committed within the past 5 years,
such final approval shall not be granted; and

"(B) subparagraph (A) shall not apply to a State plan if the Governor
of the State has notified the Secretary in writing that the State has
elected to make subparagraph (A) inapplicable to the State, or if the
State legislature, by law, has elected to make subparagraph (A)
inapplicable to the State.".

SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A PERMANENT
HOME.

Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is amended--

(1) in the last sentence--

(A) by striking "the case plan must also include"; and

(B) by redesignating such sentence as subparagraph (D) and
indenting appropriately; and

(2) by adding at the end the following:

"(E) In the case of a child with respect to whom the permanency
plan is adoption or placement in another permanent home,
documentation of the steps the agency is taking to find an adoptive
family or other permanent living arrangement for the child, to place
the child with an adoptive family, a fit and willing relative, a
legal guardian, or in another planned permanent living arrangement,
and to finalize the adoption or legal guardianship. At a minimum,
such documentation shall include child specific recruitment efforts
such as the use of State, regional, and national adoption exchanges
including electronic exchange systems.".

TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES
FOR CHILDREN

SEC. 201. ADOPTION INCENTIVE PAYMENTS.

(a) In General.--Part E of title IV of the Social Security Act (42 U.S.C.
670-679) is amended by inserting after section 473 the following:

"SEC. 473A. ADOPTION INCENTIVE PAYMENTS.

"(a) Grant Authority.--Subject to the availability of such amounts as may
be provided in advance in appropriations Acts for this purpose, the Secretary
shall make a grant to each State that is an incentive-eligible State for a
fiscal year in an amount equal to the adoption incentive payment payable to
the State under this section for the fiscal year, which shall be payable in
the immediately succeeding fiscal year.

"(b) Incentive-Eligible State.--A State is an incentive-eligible State
for a fiscal year if--

"(1) the State has a plan approved under this part for the fiscal
year;

"(2) the number of foster child adoptions in the State during the
fiscal year exceeds the base number of foster child adoptions for the
State for the fiscal year;

"(3) the State is in compliance with subsection (c) for the fiscal
year;

"(4) in the case of fiscal years 2001 and 2002, the State provides
health insurance coverage to any child with special needs (as determined
under section 473(c)) for whom there is in effect an adoption assistance
agreement between a State and an adoptive parent or parents; and

"(5) the fiscal year is any of fiscal years 1998 through 2002.

"(c) Data Requirements.--

"(1) In general.--A State is in compliance with this subsection for a
fiscal year if the State has provided to the Secretary the data described
in paragraph (2)--

"(A) for fiscal years 1995 through 1997 (or, if the first fiscal
year for which the State seeks a grant under this section is after
fiscal year 1998, the fiscal year that precedes such first fiscal
year); and

"(B) for each succeeding fiscal year that precedes the fiscal
year.

"(2) Determination of numbers of adoptions.--

"(A) Determinations based on afcars data.--Except as provided in
subparagraph (B), the Secretary shall determine the numbers of foster
child adoptions and of special needs adoptions in a State during each
of fiscal years 1995 through 2002, for purposes of this section, on
the basis of data meeting the requirements of the system established
pursuant to section 479, as reported by the State and approved by the
Secretary by August 1 of the succeeding fiscal year.

"(B) Alternative data sources permitted for fiscal years 1995
through 1997.--For purposes of the determination described in
subparagraph (A) for fiscal years 1995 through 1997, the Secretary
may use data from a source or sources other than that specified in
subparagraph (A) that the Secretary finds to be of equivalent
completeness and reliability, as reported by a State by November 30,
1997, and approved by the Secretary by March 1, 1998.

"(3) No waiver of afcars requirements.--This section shall not be
construed to alter or affect any requirement of section 479 or of any
regulation prescribed under such section with respect to reporting of
data by States, or to waive any penalty for failure to comply with such a
requirement.

"(d) Adoption Incentive Payment.--

"(1) In general.--Except as provided in paragraph (2), the adoption
incentive payment payable to a State for a fiscal year under this section
shall be equal to the sum of--

"(A) $4,000, multiplied by the amount (if any) by which the
number of foster child adoptions in the State during the fiscal year
exceeds the base number of foster child adoptions for the State for
the fiscal year; and

"(B) $2,000, multiplied by the amount (if any) by which the
number of special needs adoptions in the State during the fiscal year
exceeds the base number of special needs adoptions for the State for
the fiscal year.

"(2) Pro rata adjustment if insufficient funds available.--For any
fiscal year, if the total amount of adoption incentive payments otherwise
payable under this section for a fiscal year exceeds the amount
appropriated pursuant to subsection (h) for the fiscal year, the amount
of the adoption incentive payment payable to each State under this
section for the fiscal year shall be--

"(A) the amount of the adoption incentive payment that would
otherwise be payable to the State under this section for the fiscal
year; multiplied by

"(B) the percentage represented by the amount so appropriated for
the fiscal year, divided by the total amount of adoption incentive
payments otherwise payable under this section for the fiscal year.

"(e) 2-Year Availability of Incentive Payments.--Payments to a State
under this section in a fiscal year shall remain available for use by the
State through the end of the succeeding fiscal year.

"(f) Limitations on Use of Incentive Payments.--A State shall not expend
an amount paid to the State under this section except to provide to children
or families any service (including post-adoption services) that may be
provided under part B or E. Amounts expended by a State in accordance with
the preceding sentence shall be disregarded in determining State expenditures
for purposes of Federal matching payments under sections 423, 434, and 474.

"(g) Definitions.--As used in this section:

"(1) Foster child adoption.--The term 'foster child adoption' means
the final adoption of a child who, at the time of adoptive placement, was
in foster care under the supervision of the State.

"(2) Special needs adoption.--The term 'special needs adoption' means
the final adoption of a child for whom an adoption assistance agreement
is in effect under section 473.

"(3) Base number of foster child adoptions.--The term 'base number of
foster child adoptions for a State' means--

"(A) with respect to fiscal year 1998, the average number of
foster child adoptions in the State in fiscal years 1995, 1996, and
1997; and

"(B) with respect to any subsequent fiscal year, the number of
foster child adoptions in the State in the fiscal year for which the
number is the greatest in the period that begins with fiscal year
1997 and ends with the fiscal year preceding such subsequent fiscal
year.

"(4) Base number of special needs adoptions.--The term 'base number
of special needs adoptions for a State' means--

"(A) with respect to fiscal year 1998, the average number of
special needs adoptions in the State in fiscal years 1995, 1996, and
1997; and

"(B) with respect to any subsequent fiscal year, the number of
special needs adoptions in the State in the fiscal year for which the
number is the greatest in the period that begins with fiscal year
1997 and ends with the fiscal year preceding such subsequent fiscal
year.

"(h) Limitations on Authorization of Appropriations.--

"(1) In general.--For grants under subsection (a), there are
authorized to be appropriated to the Secretary $20,000,000 for each of
fiscal years 1999 through 2003.



"(2) Availability.--Amounts appropriated under paragraph (1) are
authorized to remain available until expended, but not after fiscal year
2003.

"(i) Technical Assistance.--

"(1) In general.--The Secretary may, directly or through grants or
contracts, provide technical assistance to assist States and local
communities to reach their targets for increased numbers of adoptions
and, to the extent that adoption is not possible, alternative permanent
placements, for children in foster care.

"(2) Description of the character of the technical assistance.--The
technical assistance provided under paragraph (1) may support the goal of
encouraging more adoptions out of the foster care system, when adoptions
promote the best interests of children, and may include the following:

"(A) The development of best practice guidelines for expediting
termination of parental rights.

"(B) Models to encourage the use of concurrent planning.

"(C) The development of specialized units and expertise in moving
children toward adoption as a permanency goal.

"(D) The development of risk assessment tools to facilitate early
identification of the children who will be at risk of harm if
returned home.

"(E) Models to encourage the fast tracking of children who have
not attained 1 year of age into pre-adoptive placements.

"(F) Development of programs that place children into pre-
adoptive families without waiting for termination of parental rights.

"(3) Targeting of technical assistance to the courts.--Not less than
50 percent of any amount appropriated pursuant to paragraph (4) shall be
used to provide technical assistance to the courts.

"(4) Limitations on authorization of appropriations.--To carry out
this subsection, there are authorized to be appropriated to the Secretary
of Health and Human Services not to exceed $10,000,000 for each of fiscal
years 1998 through 2000.".

(b) Discretionary Cap Adjustment for Adoption Incentive Payments.--

(1) Section 251 amendment.--Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)), as
amended by section 10203(a)(4) of the Balanced Budget Act of 1997, is
amended by adding at the end the following new subparagraph:





"(G) Adoption incentive payments.--Whenever a bill or joint
resolution making appropriations for fiscal year 1999, 2000, 2001,
2002, or 2003 is enacted that specifies an amount for adoption
incentive payments pursuant to this part for the Department of Health
and Human Services--

"(i) the adjustments for new budget authority shall be the
amounts of new budget authority provided in that measure for
adoption incentive payments, but not to exceed $20,000,000; and

"(ii) the adjustment for outlays shall be the additional
outlays flowing from such amount.".

(2) Section 314 amendment.--Section 314(b) of the Congressional
Budget Act of 1974, as amended by section 10114(a) of the Balanced Budget
Act of 1997, is amended--

(A) by striking "or" at the end of paragraph (4);

(B) by striking the period at the end of paragraph (5) and
inserting "; or"; and

(C) by adding at the end the following:

"(6) in the case of an amount for adoption incentive payments (as
defined in section 251(b)(2)(G) of the Balanced Budget and Emergency
Deficit Control Act of 1985) for fiscal year 1999, 2000, 2001, 2002, or
2003 for the Department of Health and Human Services, an amount not to
exceed $20,000,000.".

SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.

(a) State Plan for Child Welfare Services Requirement.--Section 422(b) of
the Social Security Act (42 U.S.C. 622(b)) is amended--

(1) in paragraph (10), by striking "and" at the end;

(2) in paragraph (11), by striking the period and inserting "; and";
and

(3) by adding at the end the following:

"(12) contain assurances that the State shall develop plans for the
effective use of cross-jurisdictional resources to facilitate timely
adoptive or permanent placements for waiting children.".

(b) Condition of Assistance.--Section 474 of such Act (42 U.S.C. 674) is
amended by adding at the end the following:

"(e) Notwithstanding subsection (a), a State shall not be eligible for
any payment under this section if the Secretary finds that, after the date of
the enactment of this subsection, the State has--



"(1) denied or delayed the placement of a child for adoption when an
approved family is available outside of the jurisdiction with
responsibility for handling the case of the child; or

"(2) failed to grant an opportunity for a fair hearing, as described
in section 471(a)(12), to an individual whose allegation of a violation
of paragraph (1) of this subsection is denied by the State or not acted
upon by the State with reasonable promptness.".

(c) Study of Interjurisdictional Adoption Issues.--

(1) In general.--The Comptroller General of the United States shall--

(A) study and consider how to improve procedures and policies to
facilitate the timely and permanent adoptions of children across
State and county jurisdictions; and

(B) examine, at a minimum, interjurisdictional adoption issues--

(i) concerning the recruitment of prospective adoptive
families from other States and counties;

(ii) concerning the procedures to grant reciprocity to
prospective adoptive family home studies from other States and
counties;

(iii) arising from a review of the comity and full faith and
credit provided to adoption decrees and termination of parental
rights orders from other States; and

(iv) concerning the procedures related to the administration
and implementation of the Interstate Compact on the Placement of
Children.

(2) Report to the congress.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit to the
appropriate committees of the Congress a report that includes--

(A) the results of the study conducted under paragraph (1); and

(B) recommendations on how to improve procedures to facilitate
the interjurisdictional adoption of children, including interstate
and intercounty adoptions, so that children will be assured timely
and permanent placements.

SEC. 203. PERFORMANCE OF STATES IN PROTECTING CHILDREN.

(a) Annual Report on State Performance.--Part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the
following:





"SEC. 479A. ANNUAL REPORT.

"The Secretary, in consultation with Governors, State legislatures, State
and local public officials responsible for administering child welfare
programs, and child welfare advocates, shall--

"(1) develop a set of outcome measures (including length of stay in
foster care, number of foster care placements, and number of adoptions)
that can be used to assess the performance of States in operating child
protection and child welfare programs pursuant to parts B and E to ensure
the safety of children;

"(2) to the maximum extent possible, the outcome measures should be
developed from data available from the Adoption and Foster Care Analysis
and Reporting System;

"(3) develop a system for rating the performance of States with
respect to the outcome measures, and provide to the States an explanation
of the rating system and how scores are determined under the rating
system;

"(4) prescribe such regulations as may be necessary to ensure that
States provide to the Secretary the data necessary to determine State
performance with respect to each outcome measure, as a condition of the
State receiving funds under this part; and

"(5) on May 1, 1999, and annually thereafter, prepare and submit to
the Congress a report on the performance of each State on each outcome
measure, which shall examine the reasons for high performance and low
performance and, where possible, make recommendations as to how State
performance could be improved.".

(b) Development of Performance-Based Incentive System.--The Secretary of
Health and Human Services, in consultation with State and local public
officials responsible for administering child welfare programs and child
welfare advocates, shall study, develop, and recommend to Congress an
incentive system to provide payments under parts B and E of title IV of the
Social Security Act (42 U.S.C. 620 et seq., 670 et seq.) to any State based
on the State's performance under such a system. Such a system shall, to the
extent the Secretary determines feasible and appropriate, be based on the
annual report required by section 479A of the Social Security Act (as added
by subsection (a) of this section) or on any proposed modifications of the
annual report. Not later than 6 months after the date of the enactment of
this Act, the Secretary shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate a
progress report on the feasibility, timetable, and consultation process for
conducting such a study. Not later than 15 months after such date of
enactment, the Secretary shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate the
final report on a performance-based incentive system. The report may include
other recommendations for restructuring the program and payments under parts
B and E of title IV of the Social Security Act.



TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS

SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.

(a) In General.--Section 1130(a) of the Social Security Act (42 U.S.C.
1320a-9) is amended to read as follows:

"(a) Authority To Approve Demonstration Projects.--

"(1) In general.--The Secretary may authorize States to conduct
demonstration projects pursuant to this section which the Secretary finds
are likely to promote the objectives of part B or E of title IV.

"(2) Limitation.--The Secretary may authorize not more than 10
demonstration projects under paragraph (1) in each of fiscal years 1998
through 2002.

"(3) Certain types of proposals required to be considered.--

"(A) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which is
designed to identify and address barriers that result in delays to
adoptive placements for children in foster care.

"(B) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which is
designed to identify and address parental substance abuse problems
that endanger children and result in the placement of children in
foster care, including through the placement of children with their
parents in residential treatment facilities (including residential
treatment facilities for post-partum depression) that are
specifically designed to serve parents and children together in order
to promote family reunification and that can ensure the health and
safety of the children in such placements.

"(C) If an appropriate application therefor is submitted, the
Secretary shall consider authorizing a demonstration project which is
designed to address kinship care.

"(4) Limitation on eligibility.--The Secretary may not authorize a
State to conduct a demonstration project under this section if the State
fails to provide health insurance coverage to any child with special
needs (as determined under section 473(c)) for whom there is in effect an
adoption assistance agreement between a State and an adoptive parent or
parents.

"(5) Requirement to consider effect of project on terms and
conditions of certain court orders.--In considering an application to
conduct a demonstration project under this section that has been
submitted by a State in which there is in effect a court order
determining that the State's child welfare program has failed to comply
with the provisions of part B or E of title IV, or with the Constitution
of the United States, the Secretary shall take into consideration the
effect of approving the proposed project on the terms and conditions of
the court order related to the failure to comply.".

(b) Rule of Construction.--Nothing in the amendment made by subsection
(a) shall be construed as affecting the terms and conditions of any
demonstration project approved under section 1130 of the Social Security Act
(42 U.S.C. 1320a-9) before the date of the enactment of this Act.

(c) Authority To Extend Duration of Demonstrations.--Section 1130(d) of
such Act (42 U.S.C. 1320a-9(d)) is amended by inserting ", unless in the
judgment of the Secretary, the demonstration project should be allowed to
continue" before the period.

SEC. 302. PERMANENCY HEARINGS.

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is
amended--

(1) by striking "dispositional" and inserting "permanency";

(2) by striking "eighteen" and inserting "12";

(3) by striking "original placement" and inserting "date the child is
considered to have entered foster care (as determined under subparagraph
(F))"; and

(4) by striking "future status of" and all that follows through "long
term basis)" and inserting "permanency plan for the child that includes
whether, and if applicable when, the child will be returned to the
parent, placed for adoption and the State will file a petition for
termination of parental rights, or referred for legal guardianship, or
(in cases where the State agency has documented to the State court a
compelling reason for determining that it would not be in the best
interests of the child to return home, be referred for termination of
parental rights, or be placed for adoption, with a fit and willing
relative, or with a legal guardian) placed in another planned permanent
living arrangement".

SEC. 303. KINSHIP CARE.

(a) Report.--

(1) In general.--The Secretary of Health and Human Services shall--

(A) not later than June 1, 1998, convene the advisory panel
provided for in subsection (b)(1) and prepare and submit to the
advisory panel an initial report on the extent to which children in
foster care are placed in the care of a relative (in this section
referred to as "kinship care"); and

(B) not later than June 1, 1999, submit to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate a final report on the matter described in
subparagraph (A), which shall--

(i) be based on the comments submitted by the advisory panel
pursuant to subsection (b)(2) and other information and
considerations; and

(ii) include the policy recommendations of the Secretary with
respect to the matter.

(2) Required contents.--Each report required by paragraph (1) shall--

(A) include, to the extent available for each State, information
on--

(i) the policy of the State regarding kinship care;

(ii) the characteristics of the kinship care providers
(including age, income, ethnicity, and race, and the relationship
of the kinship care providers to the children);

(iii) the characteristics of the household of such providers
(such as number of other persons in the household and family
composition);

(iv) how much access to the child is afforded to the parent
from whom the child has been removed;

(v) the cost of, and source of funds for, kinship care
(including any subsidies such as medicaid and cash assistance);

(vi) the permanency plan for the child and the actions being
taken by the State to achieve the plan;

(vii) the services being provided to the parent from whom the
child has been removed; and

(viii) the services being provided to the kinship care
provider; and

(B) specifically note the circumstances or conditions under which
children enter kinship care.

(b) Advisory Panel.--

(1) Establishment.--The Secretary of Health and Human Services, in
consultation with the Chairman of the Committee on Ways and Means of the
House of Representatives and the Chairman of the Committee on Finance of
the Senate, shall convene an advisory panel which shall include parents,
foster parents, relative caregivers, former foster children, State and
local public officials responsible for administering child welfare
programs, private persons involved in the delivery of child welfare
services, representatives of tribal governments and tribal courts,
judges, and academic experts.

(2) Duties.--The advisory panel convened pursuant to paragraph (1)
shall review the report prepared pursuant to subsection (a), and, not
later than October 1, 1998, submit to the Secretary comments on the
report.



SEC. 304. CLARIFICATION OF ELIGIBLE POPULATION FOR INDEPENDENT LIVING
SERVICES.

Section 477(a)(2)(A) of the Social Security Act (42 U.S.C. 677(a)(2)(A))
is amended by inserting "(including children with respect to whom such
payments are no longer being made because the child has accumulated assets,
not to exceed $5,000, which are otherwise regarded as resources for purposes
of determining eligibility for benefits under this part)" before the comma.

SEC. 305. REAUTHORIZATION AND EXPANSION OF FAMILY PRESERVATION AND SUPPORT
SERVICES.

(a) Reauthorization of Family Preservation and Support Services.--

(1) In general.--Section 430(b) of the Social Security Act (42 U.S.C.
629(b)) is amended--

(A) in paragraph (4), by striking "or" at the end;

(B) in paragraph (5), by striking the period and inserting a
semicolon; and

(C) by adding at the end the following:

"(6) for fiscal year 1999, $275,000,000;

"(7) for fiscal year 2000, $295,000,000; and

"(8) for fiscal year 2001, $305,000,000.".

(2) Continuation of reservation of certain amounts.--Paragraphs (1)
and (2) of section 430(d) of the Social Security Act (42 U.S.C. 629(d)(1)
and (2)) are each amended by striking "and 1998" and inserting "1998,
1999, 2000, and 2001".

(3) Conforming amendments.--Section 13712 of the Omnibus Budget
Reconciliation Act of 1993 (42 U.S.C. 670 note) is amended--

(A) in subsection (c), by striking "1998" each place it appears
and inserting "2001"; and

(B) in subsection (d)(2), by striking "and 1998" and inserting
"1998, 1999, 2000, and 2001".

(b) Expansion for Time-Limited Family Reunification Services and Adoption
Promotion and Support Services.--

(1) Additions to state plan.--Section 432 of the Social Security Act
(42 U.S.C. 629b) is amended--

(A) in subsection (a)--

(i) in paragraph (4), by striking "and community-based family
support services" and inserting ", community-based family support
services, time-limited family reunification services, and
adoption promotion and support services,"; and

(ii) in paragraph (5)(A), by striking "and community-based
family support services" and inserting ", community-based family
support services, time-limited family reunification services, and
adoption promotion and support services"; and

(B) in subsection (b)(1), by striking "and family support" and
inserting ", family support, time-limited family reunification, and
adoption promotion and support".

(2) Definitions of time-limited family reunification services and
adoption promotion and support services.--Section 431(a) of the Social
Security Act (42 U.S.C. 629a(a)) is amended by adding at the end the
following:

"(7) Time-limited family reunification services.--

"(A) In general.--The term 'time-limited family reunification
services' means the services and activities described in subparagraph
(B) that are provided to a child that is removed from the child's
home and placed in a foster family home or a child care institution
and to the parents or primary caregiver of such a child, in order to
facilitate the reunification of the child safely and appropriately
within a timely fashion, but only during the 15-month period that
begins on the date that the child, pursuant to section 475(5)(F), is
considered to have entered foster care.

"(B) Services and activities described.--The services and
activities described in this subparagraph are the following:

"(i) Individual, group, and family counseling.

"(ii) Inpatient, residential, or outpatient substance abuse
treatment services.

"(iii) Mental health services.

"(iv) Assistance to address domestic violence.

"(v) Services designed to provide temporary child care and
therapeutic services for families, including crisis nurseries.

"(vi) Transportation to or from any of the services and
activities described in this subparagraph.

"(8) Adoption promotion and support services.--The term 'adoption
promotion and support services' means services and activities designed to
encourage more adoptions out of the foster care system, when adoptions
promote the best interests of children, including such activities as pre-
and post-adoptive services and activities designed to expedite the
adoption process and support adoptive families.".



(3) Additional conforming amendments.--

(A) Purposes.--Section 430(a) of the Social Security Act (42
U.S.C. 629(a)) is amended by striking "and community-based family
support services" and inserting ", community-based family support
services, time-limited family reunification services, and adoption
promotion and support services".

(B) Program title.--The heading of subpart 2 of part B of title
IV of the Social Security Act (42 U.S.C. 629 et seq.) is amended to
read as follows:

"Subpart 2--Promoting Safe and Stable Families".

(c) Emphasizing the Safety of the Child.--

(1) Requiring assurances that the safety of children shall be of
paramount concern.--Section 432(a) of the Social Security Act (42 U.S.C.
629b(a)) is amended--

(A) by striking "and" at the end of paragraph (7);

(B) by striking the period at the end of paragraph (8); and

(C) by adding at the end the following:

"(9) contains assurances that in administering and conducting service
programs under the plan, the safety of the children to be served shall be
of paramount concern.".

(2) Definitions of family preservation and family support services.--
Section 431(a) of the Social Security Act (42 U.S.C. 629a(a)) is
amended--

(A) in paragraph (1)--

(i) in subparagraph (A), by inserting "safe and" before
"appropriate" each place it appears; and

(ii) in subparagraph (B), by inserting "safely" after
"remain"; and

(B) in paragraph (2)--

(i) by inserting "safety and" before "well-being"; and

(ii) by striking "stable" and inserting "safe, stable,".

(d) Clarification of Maintenance of Effort Requirement.--

(1) Definition of non-federal funds.--Section 431(a) of the Social
Security Act (42 U.S.C. 629a(a)), as amended by subsection (b)(2), is
amended by adding at the end the following:


"(9) Non-federal funds.--The term 'non-Federal funds' means State
funds, or at the option of a State, State and local funds.".

(2) Effective date.--The amendment made by paragraph (1) takes effect
as if included in the enactment of section 13711 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-33; 107 Stat. 649).

SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH SPECIAL NEEDS.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended
by section 106, is amended--

(1) in paragraph (19), by striking "and" at the end;

(2) in paragraph (20), by striking the period and inserting "; and";
and

(3) by adding at the end the following:

"(21) provides for health insurance coverage (including, at State
option, through the program under the State plan approved under title
XIX) for any child who has been determined to be a child with special
needs, for whom there is in effect an adoption assistance agreement
(other than an agreement under this part) between the State and an
adoptive parent or parents, and who the State has determined cannot be
placed with an adoptive parent or parents without medical assistance
because such child has special needs for medical, mental health, or
rehabilitative care, and that with respect to the provision of such
health insurance coverage--

"(A) such coverage may be provided through 1 or more State
medical assistance programs;

"(B) the State, in providing such coverage, shall ensure that the
medical benefits, including mental health benefits, provided are of
the same type and kind as those that would be provided for children
by the State under title XIX;

"(C) in the event that the State provides such coverage through a
State medical assista
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

sedwards
Posts: 389
Joined: Fri Jun 17, 2005 7:07 pm
Contact:

Postby sedwards » Thu Nov 24, 2005 12:53 am

hey i see you got on . I will help with the papers . you also need the dec of facts dear ... and you need to join courtwatchers .... email me or pm me either one take care happy thanksgiving ..
Hazel McBride, a contemporary suicide researcher and psychotherapist ... "No government and no court should be allowed to take a child from a parent unless there is a very, very, very good reason," says Dr. McBride. "Because to have a child ripped from you, it's the same as a child dying. It's absolutely uncivilized, barbaric and devastating for any parent. It's not uncommon for these people to suffer depressive breakdowns."


www.spareourchildren.tk

thia'smommy
Posts: 122
Joined: Mon May 23, 2005 6:25 am

Paula, You should tell the whole story

Postby thia'smommy » Tue Dec 06, 2005 8:13 am

PAULA,

You should tell this forum the whole story about the entire situation regarding your daughter and then maybe someone MIGHT be able to give you advice you can ACTUALLY use.

Posting under many different names with different and partial stories is not going to help you ( as far as advice from the members on this forum) You are wasting the members valuable time in which they can be helping someone who is truthful.

PAULA DON'T YOU THINK IT IS ABOUT TIME YOU BE HONEST WITH YOURSELF AND EVERYONE AROUND YOU, AND STOP HURTING PEOPLE THAT WHERE IN YOUR LIFE THAT ACTUALLY CARED FOR YOU, ( INCLUDING MY PARENTS) AND WHERE GENUINLY TRYING TO HELP YOU.

You where not honest with me and tried to damage my case for your best friend Beth, I would like to know what SHE ACTUALLY DID TO HELP YOU!!!!!!!!!!!!!!!!!

OH YA, SHE TOLD YOU HER SAD STORY FULL OF LIES JUST TO MANIPULATE YOU AS SHE DOES WITH EVERYONE AROUND HER.

BE TRUTHFUL OR GET OVER IT AND MOVE ON.

YOU KNOW WHO THIS IS.

YOURS TRULY!!!!!!!!!!!!!!!!

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Tue Dec 06, 2005 10:47 am

:shock:

User avatar
DesertSkye
Posts: 332
Joined: Sat Apr 30, 2005 6:59 am
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What is going on

Postby DesertSkye » Fri Dec 09, 2005 7:37 pm

:o :shock: :?: :cry:

I truly hope this is a case of someone mixing someone up with someone else

There was a lot of helpful info there that took ALOT OF TIME to post

This reminds me of the caringbridge sites where people would fake their children and sometimes non-existent children were ill with cancer or something else to get attention....

I hope that is not the case here and if it is a mix up that will be sad because now everyone will not want to help further
A wretched soul, bruised with adversity,
We bid be quiet when we hear it cry;
But were we burdened with like weight of pain,
As much or more we should ourselves complain.
William Shakespeare

sedwards
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Postby sedwards » Fri Dec 09, 2005 9:23 pm

Well Well ok i dont know what dealings thias mom has with paula or what is going on with that . But i have copys of all paulas paperwork and she has been wronged.. and i have spoke with her and her daughter several times now . She is in tennnessee now and has been for over a week now trying to get some things taken care of . Paula is very hurt and wants her daughter and grandson ... and i have been trying to help her in everyway possible . sedwards
Hazel McBride, a contemporary suicide researcher and psychotherapist ... "No government and no court should be allowed to take a child from a parent unless there is a very, very, very good reason," says Dr. McBride. "Because to have a child ripped from you, it's the same as a child dying. It's absolutely uncivilized, barbaric and devastating for any parent. It's not uncommon for these people to suffer depressive breakdowns."





www.spareourchildren.tk

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unfairjustice05
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Postby unfairjustice05 » Wed Dec 14, 2005 9:23 pm

It has been a while since I have posted.At least a couple hours.And I get a phone call from mommieslilgrl telling me that someone on this forum has been calling her a lier and telling others that she is not being truthful.I thought we were all here for a purpose and that is to HELP people and NOT judge them.

I know for a fact that i myself and sewards have been helping her through all of her courts and all of the nitemares that she is having just like the rest of us....Now the ones that want to pick on people that ae having a bad enough time in life and have nothing better to do take a good look at your own situation and stop thereatening and calling other people names.

Not all of us know the story of everyones issues but we can sure try to lend a ear and be as helpful as we can be without being judgemental.
_________________
angel

And I know who wrote the reply above mine and sedwards I am a good friend of mommieslilgrl and I believe everything she says because I am going through the same deal here.SO at least she is trying to get her daughter back and isn't giving up.
Honeybee

sedwards
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Postby sedwards » Thu Dec 15, 2005 8:28 pm

Yes this is so true and so sad also . i myself dont even come in here that much anymore .. this isnt what it used to be .. i love helping people and have dedicated my life to it .. but in here you get judged and some of the post are just rediculous. And i dont mean the ones with new people neither .. iI myself judge none i go on my own instints to help people that is all i can do .. but i try to advise all in some way . But not in here very often .And the bad thing is my knowledge does get children home . i know for a fact cause it worked with mine and many others .. And i dont use it in here in post anymore cause everyone wants to judge.. As the bible says he that is with out sin cast the first stone... As far as i have seen i hope none of youll has evn thought about picking one up :? ..Enough said . You know i wondered why everyoen was gone from when i first joined in here it was the best place in the world .. Now i know .. And i know if Linda had time to be in here like she used to she wouldnt have this for a minute... Youll need to think and if you cant say something nice or help .. Keep your mouth shut .. Or should i say keep your fingers off the keyboard . Because if you look at it we could find something wrong with every story in here ... But to call someone a liar makes you no better than cps ..to me .. well enough said .. sedwards
Hazel McBride, a contemporary suicide researcher and psychotherapist ... "No government and no court should be allowed to take a child from a parent unless there is a very, very, very good reason," says Dr. McBride. "Because to have a child ripped from you, it's the same as a child dying. It's absolutely uncivilized, barbaric and devastating for any parent. It's not uncommon for these people to suffer depressive breakdowns."





www.spareourchildren.tk

RKeyser
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Postby RKeyser » Thu Dec 15, 2005 11:45 pm

Oh my gosh, why is someone calling her a liar? People come here for help so anyone who calls and says bad thing never to GET OUT!!!! This is a place for real people with real problems made by our states that many have died to protect, so stop it, it's not right for anyone to do that. mommyslilgirl, God bless you and your daughter and we pray for things to go well and I for one (as well as so many) think we need to stand together no matter where we are or who we are.

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scarfyrre
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Postby scarfyrre » Fri Dec 16, 2005 5:30 am

I read the many posts by that one person that called Paula (?) a liar, but I have to say I've not seen any other rude posts. I think to lump everyone into that one person's posts is wrong. I've found nothing but support and good info here.

To allow one person, who doesn't post here any longer, to run you off from helping others, helps no one. I don't know who runs the board any longer since Linda left, but whomever it is, he/she needs to warn and ban. It's that simple.

If you want truly rude, join some Yahoo groups. I had one call me a nit-picking bitch because I dared explain why the ACLU cannot take the majority of CPS cases. Here someone would at least have the intelligence to discuss it.

I've never run a board, but I have worked for online role-playing games as a programmer/customer service employee. Great time, but I had to inforce the rules rather harshly. Players got several warnings and if they continued to be naughty, they were locked out. If you or whomever is running the board and you feel a post is truly rude and insulting, and not just in your opinion, then warn and ban. And if you find you can't bring yourself to be the bad guy, then assign someone to do the job. Don't just run from the problem.

Don't let real or imagined slights stop you from helping. You'll do those that need the help absolutely no good, and that's why you got into this, right? :)

sedwards
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Postby sedwards » Fri Dec 16, 2005 5:55 am

What you say is true . And i do check in here and pm people i can help .. And it isnt only this post .. Some of the language and attitudes in here have got horrid.. i will always help just not on the board like i did where others can see how i do it but i help daily . There isnt one day that goes by that i aint working with someone .. Beleave that .. If not on comp then i am on the phone .. Oh yes there are some bad groups Beleave me i know i have been doing this for a while .. But when you get people argueing over whos right and whos wrong and all and from what i know we are the ones that has been done wrong. None of us need to go into a group and be condemed or judged.. There is enough hurt without all the crap from other people ... But no matter what i will never leave this board totally beleave that .. And no linda isnt gone yet.. She is just very very busy .. Sedwards
Hazel McBride, a contemporary suicide researcher and psychotherapist ... "No government and no court should be allowed to take a child from a parent unless there is a very, very, very good reason," says Dr. McBride. "Because to have a child ripped from you, it's the same as a child dying. It's absolutely uncivilized, barbaric and devastating for any parent. It's not uncommon for these people to suffer depressive breakdowns."





www.spareourchildren.tk


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