Families for Orphans Act of 2009 - Establishes within the Department of State the Office for Orphan Policy Diplomacy and Development which shall support: (1) the preservation and reunification of families; and (2) the provision of permanent parental care for orphans.
Directs the President to establish the Policy Coordinating Committee which shall monitor and support international efforts in family preservation, family reunification, and permanent parental care for orphans.
Authorizes the President to provide assistance to foreign countries: (1) for family preservation, family reunification, and orphan care efforts; and (2) to meet minimum standards required for such assistance.
Authorizes the Secretary of State to make grants to nongovernmental agencies to promote permanent parental care for orphans.
Directs the Secretary to: (1) initiate a study to identify global best practices for preserving and reunifying families and providing permanent parental care for orphans; and (2) carry out a global best practices pilot program.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3031 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3031
To encourage the development and implementation of a comprehensive,
global strategy for the preservation and reunification of families and
the provision of permanent parental care for orphans, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2009
Ms. Watson introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To encourage the development and implementation of a comprehensive,
global strategy for the preservation and reunification of families and
the provision of permanent parental care for orphans, and for other
purposes.
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 ``Families for
Orphans Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--GLOBAL ORPHANS STRATEGY
Sec. 101. Office for orphan policy diplomacy and development.
Sec. 102. Policy coordinating committee in support of orphan policy,
diplomacy, and development.
Sec. 103. Minimum standards for the provision of permanent parental
care.
Sec. 104. Grant, pilot, and development programs.
Sec. 105. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A child who grows up in a permanent family in an
atmosphere of happiness, love, and understanding has the best
opportunity for the full and harmonious development of his or
her potential.
(2) The right of a child to grow up in a safe, loving and
permanent loving relationship with a responsible adult is a
basic human right.
(3) The safety and well being of children should be the
paramount concern of child welfare policies and programs.
(4) As stated in the United Nations Programme for the
International Year of the Family (1994), ``the family provides
the natural framework for the emotional, financial, and
material support essential to the growth and development of its
members, particularly infants and children.''.
(5) Cost benefit analysis data shows that effective, high
quality interventions to improve parenting skills and reduce
child maltreatment save between $2 and $8 dollars for every
dollar spent.
(6) Despite the good efforts of countless governments and
nongovernmental organizations, millions of children remain
outside of the protection, permanency, safety, and love of a
family. Without the care of a family, these children are forced
to live on the streets, in child-headed households, or in
institutions.
(7) According to UNICEF, there are more than 132,000,000
orphans worldwide. Unless immediate action is taken, the number
of orphans is expected to increase over time.
(8) According to Dr. Dana Johnson at the University of
Minnesota, lack of stimulation and consistent caregivers,
suboptimal nutrition and physical/sexual abuse all conspire to
delay and sometimes preclude normal development, speech
acquisition and attainment of necessary social skills. Children
lose one month of linear growth for every three months in an
orphanage.
(9) Research indicates that infants who do not receive
touching, holding, and stimulation fail to thrive and may
suffer life-affecting physical and emotional stressors, if not
death.
(10) Although governments throughout the world are seeking
models for preventing institutionalization and finding
permanent families for orphaned children, many lack the
resources or infrastructure to adequately address this need.
(11) As a result of its efforts to protect its children
from abuse and neglect, the United States has amassed a vast
body of research, policy, and the professional capacity to
promote safety, permanency and well-being for children and
youth so they can become healthy and successful adults.
(12) Despite the fact that the United States invests
$300,000,000,000 annually in international aid programs that
are improving the health, safety and well-being of children
throughout the world, it is unclear how much of this funding is
used to support the preservation and reunification of families
or the provision of permanent parental care.
(13) Greater coordination is needed between Federal bureaus
and agencies with an interest in orphan care policy. Such
efforts would be assisted greatly by the development of a
comprehensive global strategy for providing permanent parental
care for orphans.
(14) Despite the United States' interest in developing a
comprehensive global strategy for providing permanent parental
care for orphans, the United States lacks a clear, dedicated
diplomatic authority to represent these interests.
(b) Purposes.--The purposes of this Act are to--
(1) provide the infrastructure and resources necessary for
the United States to develop and implement a comprehensive,
global strategy for the preservation and reunification of
families and the provision of permanent parental care for
orphans;
(2) streamline and coordinate United States policies and
programs related to the preservation and reunification of
families and the provision of permanent parental care for
orphans;
(3) encourage and assist foreign governments in the
development and implementation of effective child welfare
policies, systems, and programs that preserve and reunify
families and provide permanent parental care for orphans;
(4) ensure that all aid efforts receiving funding from the
United States recognize and support the need for the
preservation and reunification of families and the provision of
permanent parental care for orphans; and
(5) build global awareness of the need for the preservation
and reunification of families and the provision of permanent
parental care for orphans.
SEC. 3. DEFINITIONS.
In this Act:
(1) Deinstitutionalization.--The term
``deinstitutionalization'' means the process of safely moving
youth from institutions to--
(A) permanent parental care; or
(B) temporary alternatives designed to lead to
permanent parental care.
(2) Family at risk of dissolution.--The term ``family at
risk of dissolution'' means a family under circumstances
which--
(A) compromise the health, safety and well-being of
minor, dependent children to an extent that the
parental caregivers may be compelled to voluntarily or
involuntarily forfeit care parental rights or custody
of such children; or
(B) are likely to cause the parents to abandon or
relinquish rights to minor, dependent children.
(3) Family preservation.--The term ``family preservation''
means services for children and families designed to promote
the safety and well-being of children and families and to help
families (at risk or in crisis, including community-based
family support, social, therapeutic, and financial programs and
services designed to--
(A) enable families to provide safe, permanent, and
nurturing care to their children; and
(B) strengthen and support birth families who are
at risk of dissolution, separation, or domestic
violence.
(4) Reunification.--The term ``reunification'' means time-
limited services and activities provided to an orphan in order
to facilitate the safe and timely reunification of the child
and parent.
(5) Institution.--The term ``institution'' means--
(A) an orphanage;
(B) a children's home;
(C) a boarding school for orphans;
(D) a shelter;
(E) a residential facility;
(F) a hospital;
(G) a dormitory;
(H) long-term foster care; and
(I) any other setting in which permanent parental
care is not being provided to the child.
(6) Institutionalized child.--The term ``institutionalized
child'' is a child who is--
(A) younger than 21 years of age; and
(B) living in an institution.
(7) Orphan.--The term ``orphan'' means any child--
(A) who lacks permanent parental care because of
the death, the disappearance of, or the legal,
permanent relinquishment of such child by both
biological parents;
(B) who is living in the care and custody of an
institution;
(C) whose biological parents' rights have been
legally terminated; or
(D) whose country of origin has determined lacks
permanent parental care.
(8) Permanent parental care.--The term ``permanent parental
care''--
(A) means a legally recognized relationship between
a adult and a child who is younger than 21 years of
age, which is life-long and provides a caring, safe,
stable physical environment;
(B) includes--
(i) domestic and international adoption;
(ii) legal guardianship; and
(iii) legal kinship care; and
(C) does not include temporary or long term foster
care, institutionalization, or mentoring.
(9) Legal guardianship.--The term ``legal guardianship''
means a legally recognized relationship between child and
caretaker which is intended to be permanent and is evidenced by
the transfer to the caretaker of the following parental rights
with respect to the child: protection, education, custody, and
decision-making.
(10) Legal kinship.--The term ``legal kinship'' means a
legally recognized relationship between child and caretaker
which is intended to be permanent and is evidenced by the
transfer to the caretaker of the following parental rights with
respect to the child: protection, education, custody, and
decision-making.
(11) Adoption support services.--The term ``adoption
support services'' means services and activities designed to
encourage when adoption is found to be in the best interests of
children, including but not limited to pre- and post-adoptive
services; activities designed to expedite the adoption process
and support adoptive families.
TITLE I--GLOBAL ORPHANS STRATEGY
SEC. 101. OFFICE FOR ORPHAN POLICY DIPLOMACY AND DEVELOPMENT.
(a) Establishment.--There is established within the Department of
State the Office for Orphan Policy Diplomacy and Development (referred
to in this section as the ``Office''), which shall promote and
support--
(1) the preservation and reunification of families; and
(2) the provision of permanent parental care for orphans.
(b) Coordinator.--
(1) Appointment.--The Office shall be headed by the
Coordinator for Orphan Policy Diplomacy and Development
(referred to in this section as the ``Coordinator''), who shall
be designated by the President.
(2) Qualifications.--To the extent possible, the
Coordinator shall be an individual with background and
experience in the development of permanency related policies
and systems.
(3) Duties.--The Coordinator shall--
(A) oversee and coordinate--
(i) all programs and duties described in
this Act; and
(ii) all other activities that the United
States Government conducts in furtherance of
the purposes of this Act; and
(B) carry out the functions described in subsection
(c).
(4) Authority.--The Coordinator will report directly to the
Secretary of State.
(c) Functions.--
(1) Advisory.--Unless otherwise specified in law, the
Coordinator shall serve as the primary advisor to the Secretary
of State and the President in all matters related to--
(A) global family preservation and reunification;
and
(B) the provision of permanent parental care for
orphans.
(2) Diplomatic representation.--
(A) In general.--Subject to the direction of the
President and the Secretary of State, the Coordinator
shall represent the United States in matters and cases
relevant to family preservation and reunification and
permanent parental care in--
(i) contacts with foreign governments,
nongovernmental organizations,
intergovernmental agencies, and specialized
agencies of the United Nations and other
international organizations of which the United
States is a member;
(ii) multilateral conferences and meetings
relevant to family preservation, reunification,
and permanent parental care for orphaned
children; and
(iii) fulfillment of the diplomatic
responsibilities designated to the central
authority under title I of the Intercountry
Adoption Act of 2000 (42 U.S.C. 14911 et seq.).
(B) Waiver.--The Secretary of State may waive the
requirements of subparagraph (A) if--
(i) representation by the Coordinator would
interfere with the Secretary's constitutional
duty to represent the United States; or
(ii) representation by another high level
official would be more appropriate or
beneficial.
(3) Policy development.--
(A) In general.--The Coordinator shall--
(i) advise and support the Secretary of
State in the development of a comprehensive,
global strategy to promote the preservation and
reunification of families and the provision of
permanent parental care for orphans; and
(ii) advise and support foreign governments
with the development of sound policy
regarding--
(I) preservation and reunification
of families; and
(II) the provision of permanent
parental care for orphans.
(B) Best practices.--In developing policies under
this Act, the Coordinator should identify and engage
evidence-based programs and best practices in family
preservation, reunification and permanent parental care
derived from a wide variety of both domestic and global
policy and practice leaders.
(C) Cultural sensitivity.--In developing policies
under this Act, the Coordinator should take into
account cultural norms for each country to the extent
consistent with the overall purposes of this Act.
(D) Principle of subsidiarity.--In developing
policies and programs under this Act, the Coordinator
should--
(i) attempt to reunify children with their
family before pursuing adoption, legal kinship
or legal guardianship and domestic adoption;
and
(ii) ensure that reasonable efforts have
been made to provide permanent parental care
domestically before international.
(E) Technical assistance.--The Coordinator shall
provide technical assistance to foreign countries to
help build their capacities to strengthen family
preservation, reunification, and permanent parental
care policies, services, and practices, including--
(i) assistance with the drafting,
disseminating, and implementing of legislation
for family preservation and reunification and
the provision of permanent parental care;
(ii) assistance with the development of
systems designed to support family
preservation, reunification and permanent
parental care for institutionalized orphans;
(iii) assistance with the establishment of
public, private, and faith- and community-based
partnerships designed to support the
preservation and reunification of families and
permanent parental care for orphans;
(iv) assistance with the development of
workforce training for governmental and
nongovernmental staff working to support the
preservation and reunification of families and
permanent parental care for orphans; and
(v) assistance with infrastructure
development and data collection techniques
necessary to--
(I) support the biennial census
required under paragraph (6)(A);
(II) collect permanency indicators
described in paragraph (6)(B);
(III) collect the data necessary to
determine to what extent countries meet
the minimum standards described in
section 103; and
(IV) organizing exchanges for child
welfare, adoption, and other social
service professionals working to
support the preservation and
reunification of families and permanent
parental care for orphans.
(F) Preservation of the family and permanent
parental care conference.--In fiscal year 2011, and
every 2 years thereafter, the Secretary of State--
(i) shall conduct a conference on best
practices and successful strategies for the
preservation and reunification of families and
the provision of permanent parental care for
orphans;
(ii) share and address key issues relative
to--
(I) the most current biennial
census data collected under paragraph
(6)(A);
(II) the permanency indicator data
collected under paragraph (6)(B); and
(III) the data collected from the
Global Best Practices Pilot Program
under section 104(c);
(iii) disseminate information regarding
best practices for building country and
regional capacity to decrease the number of
orphans;
(iv) disseminate information regarding
strategies for financially sustaining
activities to support family preservation and
reunification and permanent parental care;
(v) disseminate information regarding best
practices in international adoption and in
preventing corruption; and
(vi) disseminate best methods and practices
for assessing progress and quality for moving
children into permanent parental care in a safe
and timely way.
(4) Coordination.--
(A) In general.--The Office shall coordinate the
foreign policy and assistance of the United States in
support of--
(i) families at risk of dissolution;
(ii) orphans in need of permanent parental
care.
(B) Coordination between domestic and international
policy.--To the extent possible, the Coordinator shall
work with the Secretary of Health and Human Services to
maintain consistency between United States foreign and
domestic policy on family preservation and
reunification and permanent parental care.
(5) Communication.--
(A) In general.--The Office shall build global
awareness of its purpose and activities.
(B) Website.--To carry out subparagraph (A), the
Office shall maintain a Website that includes--
(i) a description of the global problems
related to orphans and children in
institutional and temporary non-family care;
(ii) the status of activities being carried
out by the Office;
(iii) the progress made by the Office to
achieve its goals;
(iv) current research, reports, policy,
training opportunities, evaluation, and
methodology describing best practices;
(v) information collected by the biennial
census under paragraph (6)(A);
(vi) permanency indicators collected under
paragraph (6)(B);
(vii) the annual report submitted to
Congress under paragraph (6)(C);
(viii) the status of site results for the
study of global best practices conducted under
section 104(c)(1);
(ix) requests for proposals, grant or
contract awards, amounts, purposes, and lessons
learned during implementation; and
(x) a summary of the scope and progress of
country projects funded by the Office.
(6) Reports, research, and assessments.--
(A) Biennial census of children without permanent
parental care.--
(i) In general.--Not later than December
31, 2010, and every 2 years thereafter, the
Office shall develop, oversee, support, and
publish the results of a census of all children
who live outside permanent parental care. The
census shall enumerate the number of children,
categorized by sex and age, who reside--
(I) in a public or private
orphanage;
(II) in a hospital or other medical
institution or treatment facility;
(III) in temporary or long term
family-based foster care;
(IV) in a group home;
(V) in a residential or
congregational facility, regardless of
the availability of treatment services;
(VI) in kinship care without legal
status or the presence of adult family
members; or
(VII) in a dormitory or other
permanent or temporary living situation
in which a government or
nongovernmental organization places
children who do not have parental care.
(ii) Census countries.--The data collected
under clause (i) shall include all member
countries of the United Nations.
(iii) Delegate.--The Coordinator may
delegate the responsibility for conducting the
census to a third party if--
(I) such party has expertise in
human or social services and
international quantitative data
collection and analysis; and
(II) such a delegation is
consistent with the overall goals of
this Act.
(B) Permanency indicators for children without
permanent parental care.--
(i) In general.--The Office shall collect
available data related to a series of policy
and practice indicators on the capacity of
foreign governments to offer permanency as an
option for orphaned children.
(ii) Data.--Data collected under clause (i)
shall include--
(I) the number of families provided
preservation services and the number of
such families that remained intact
after receiving such services;
(II) the number of children in
institutions who were reunified with
their respective families;
(III) the number of children placed
in a permanent family through domestic
adoption and the living situation of
such children before such permanent
placement;
(IV) the number of children who
were placed in a permanent family
through legal guardianship and their
living situation before such permanent
placement;
(V) the number of children who were
placed in a permanent family through
international adoption and the living
situation of such children before such
permanent placement;
(VI) the number of children who
were placed in legal or informal
kinship care and their placement pre-
kinship care;
(VII) the number of children who
moved from temporary foster care to
long-term foster care;
(VIII) the number of children who
reentered institutional care after
moving into permanent parental care;
and
(IX) the length of time children
are spending in institutional or foster
care.
(iii) Delegate.--The Coordinator may
delegate the responsibility for collecting data
on permanency indicators under this paragraph
to a third party if--
(I) the third party has expertise
in human or social services and
international quantitative data
collection; and
(II) such a delegation is
consistent with the overall goals of
this Act.
(iv) Consultation.--The Coordinator may
consult with the Millennium Challenge
Corporation, the Department of Homeland
Security, the United States Agency for
International Development, the United Nations,
the United States Department of Health and
Human Services, UNICEF, the World Health
Organization, and other aid- or child welfare-
related networks and organizations to--
(I) identify and expand existing
reporting networks; and
(II) refine common definitions of
indicators.
(v) United states indicators.--The
Secretary of Health and Human Services shall
provide the Coordinator with the information
required to be collected under this paragraph
relating to individuals and families residing
in the United States.
(vi) Report.--Not later than December 31,
2011, and every 2 years thereafter, the Office
shall publish a report that includes the data
described in clause (ii).
(C) Annual report to congress.--Not later than
September 1 of each year, the Secretary of State shall
submit to Congress an annual report that includes--
(i) a description of the global status of
orphans;
(ii) a description of the activities of the
Office in support of family preservation and
reunification and permanent parental care for
orphans;
(iii) estimates from the most recent
biennial census of the number of children
living without permanent parental care;
(iv) a description of the status of family
preservation, reunification, and permanent
parental care initiatives underway in each
foreign country receiving financial assistance
under this Act;
(v) a description of--
(I) the major challenges faced by
governments that are resulting in an
increase in the numbers of orphans; and
(II) barriers which are preventing
governments from achieving permanent
parental care for orphans;
(vi) trends in increasing or decreasing
risks for orphans and families at risk of
dissolution;
(vii) a listing of the governments that do
not meet minimum standards described in section
103(a);
(viii) trends toward improvement in family
preservation and reunification;
(ix) trends in domestic and international
adoption, foster care, and institutional care;
(x) the most current permanency indicators
described in subparagraph (B); and
(xi) movement toward implementation of
permanency related laws and conventions.
(7) Grants.--The Office shall oversee the provision of
technical and financial assistance, including grants, pilot
programs, and demonstrations, to governments and
nongovernmental organizations to promote family preservation,
reunification, and permanent parental care for orphans.
SEC. 102. POLICY COORDINATING COMMITTEE IN SUPPORT OF ORPHAN POLICY,
DIPLOMACY, AND DEVELOPMENT.
(a) Establishment.--The President shall establish an interagency
policy coordinating committee (referred to in this section as the
``Policy Coordinating Committee''), which shall monitor and support
international efforts in family preservation, family reunification, and
permanent parental care for orphans.
(b) Appointment.--The President shall appoint the members of the
Policy Coordinating Committee, which shall include--
(1) the Secretary of State, who shall serve as Chair;
(2) the Administrator of the United States Agency for
International Development;
(3) the Attorney General;
(4) the Secretary of Health and Human Services;
(5) the Secretary of Homeland Security; and
(6) any other Government official appointed by the
President.
(c) Activities of Committee.--The Policy Coordinating Committee
shall provide advice to the Office for Orphan Policy Diplomacy and
Development regarding--
(1) the development of a comprehensive global strategy in
accordance with the minimum standards of this Act;
(2) financial support of programs that assist countries in
developing child welfare systems that--
(A) preserve and reunify families; and
(B) provide permanent parental care for orphans.
(3) advocacy efforts with governments, nongovernmental
organizations, and other entities to advance the purposes of
this Act; and
(4) the collection of data through significant research on
family preservation, reunification, and permanent parental care
methods for orphans.
(d) Working Groups.--Members of the Policy Coordinating Committee
may create small working groups within their respective agencies to
support and advise their work on behalf of the Policy Coordinating
Committee.
SEC. 103. MINIMUM STANDARDS FOR THE PROVISION OF PERMANENT PARENTAL
CARE.
(a) Minimum Standards.--A country meets the minimum standards for
the provision of permanent parental care by a partner country if--
(1) the government of the country has laws, practices and
judicial standards that--
(A) protect children from abuse and neglect;
(B) are aimed at reducing the number of abandoned
children;
(C) are aimed at preserving families at risk of
dissolution;
(D) are aimed at safely and appropriately
reunifying orphans and institutionalized children with
their families;
(E) promote legal guardianship and kinship care;
(F) promote domestic adoption;
(G) allow for international adoption;
(H) promote the physical and emotional well-being
and protection of children while they are waiting for
reunification or placement with a permanent family;
(2) the government of the country is--
(A) keeping a significant percentage of families at
risk of dissolution intact;
(B) reuniting a significant percentage of orphans
and institutionalized children with safe families and
relatives; and
(C) moving a significant percentage of orphans into
permanent parental care when it is determined that they
cannot be reunified; and
(3) the numbers of children aging out of institutions or
foster care in such country is decreasing by a significant
percentage each year.
(b) Criteria.--A country is eligible for assistance from the Office
for Orphan Policy Diplomacy and Development under this Act if the
government of the country--
(1) publicly acknowledges the need for family preservation,
reunification and permanent parental care for orphans; and
(2) demonstrates a commitment to develop improved laws,
policies, infrastructures, and training programs to preserve
and reunify with safe families and provide permanent parental
care for orphans by--
(A) developing formal strategic plans to develop
laws and infrastructure to address shortcomings related
to meeting the minimum standards described in
subsection (a);
(B) allocating resources to study the issues
described in subparagraph (A); or
(C) expending or setting aside sufficient funds, to
help build child welfare and judicial infrastructure
and enact laws to address shortcomings related to
meeting such minimum standards.
SEC. 104. GRANT, PILOT, AND DEVELOPMENT PROGRAMS.
(a) Assistance to Foreign Governments.--Chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) by redesignating section 135, as added by section 5(a)
of Public Law 109-121, as section 137; and
(2) by inserting after section 135, as added by section 3
of Public Law 109-95, the following:
``SEC. 136. ASSISTANCE TO FOREIGN GOVERNMENTS.
``(a) Assistance To Meet Minimum Standards.--The President is
authorized to provide assistance to foreign countries directly, or
through nongovernmental and multilateral organizations, for programs,
projects, and activities designed to assist the country to meet the
minimum standards described in section 103(a) of the Families for
Orphans Act of 2009.
``(b) Assistance to Foreign Governments That Meet Minimum
Standards.--
``(1) In general.--The President is authorized to provide
assistance, including trade and debt relief, to any foreign
country that demonstrates success in meeting the majority of
the minimum standards and other goals described in paragraph
(2).
``(2) Plan.--The government of a country desiring
assistance under this subsection shall demonstrate a commitment
to meeting the minimum standards described in section 103(a) of
the Families for Orphans Act of 2009 by independently, or with
assistance from the Office for Orphan Policy Diplomacy and
Development, developing--
``(A) a detailed, long-term strategic plan for
meeting such minimum standards and related long-range
goals; and
``(B) a 1-year or 2-year operational plan that
describes the immediate steps that the foreign
government will take toward meeting such minimum
standards.''.
(b) Assistance in Support of Family Preservation, Reunification and
Permanent Parental Care for Orphans.--
(1) In general.--The Secretary of State is authorized to
make grants to nongovernmental agencies working to promote
permanent parental care for orphans, in accordance with the
results of the global best practices study conducted under
subsection (c).
(2) Use of funds.--Grants received under this subsection
can be used to--
(A) improve public policy in support of the
preservation and reunification of families and
permanent parental care for orphans;
(B) reduce the number of children abandoned;
(C) reduce the number of families at risk of
dissolution;
(D) increase the number of children reunified with
their parents;
(E) increase the number of children obtaining legal
guardianship and kinship care;
(F) increase the number of children placed for
adoption domestically;
(G) support international adoption for children who
cannot be adopted domestically, or reunified with their
biological parents;
(H) draft laws and develop systems designed to
promote ethical, evidence-based practice in
international adoption;
(I) increase the level of expertise and
understanding of foreign governments working to
preserve and reunify families and promote permanent
parental care for orphans;
(J) create and support connections with caring,
committed adults to older children at risk of or in the
process of aging out of institutional care;
(K) develop mentoring, visitation and foster adopt
programs aimed at recruiting a larger number of
individuals willing to provide permanent parental care
for orphans;
(L) increase adoption support services, and
(M) create and improve child welfare and judicial
infrastructures, that strengthen and support permanent
family care for orphans.
(3) Eligibility criteria.--To the extent possible, grants
shall be awarded under this subsection to organizations that
have demonstrated--
(A) experience in the area of child welfare and
judicial policy, family preservation, reunification,
permanent parental care for orphans,
(B) success in working with the in-country
governmental agencies responsible for care of children;
and
(C) adherence to the child welfare laws of the
foreign government in which such organizations are
located.
(c) Global Best Practices.--
(1) Study on global best practices.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall initiate a study to identify global best
practices for--
(i) preserving and reunifying families; and
(ii) providing permanent parental care for
orphans.
(B) Identification of factors.--In conducting the
study under subparagraph (A), the Secretary shall
identify--
(i) evidence-based programs that are
demonstrated to provide permanent parental care
in a timely manner;
(ii) policy and practices that result in
increased deinstitutionalization of children;
(iii) legislation globally that requires
and supports permanent parental care;
(iv) factors that decrease the dissolution
of families; and
(v) best practices for promoting ethical
international adoption practices.
(C) Report.--Not later than 1 year after initiating
the study under this paragraph, the Secretary shall
publish a report on the best practices identified in
the study.
(D) Use of study results.--The Secretary shall use
the results of the study conducted under this paragraph
to guide and inform--
(i) the award of all grants under this Act;
and
(ii) all activities in the global best
practices pilot program carried out under
paragraph (2).
(2) Global best practices pilot program.--
(A) In general.--Upon completing the study
described in paragraph (1), the Secretary of State
shall establish and carry out a global best practices
pilot program.
(B) Purposes.--The purposes of the program
established pursuant to subparagraph (A) shall be to--
(i) demonstrate how research-based policies
and programs to provide orphans with permanent
parental care can be successfully implemented;
(ii) establish model programs that, once
tested for effectiveness, will be available,
replicable, and adaptable on a global basis;
(iii) identify a comprehensive series of
interventions, which result in family
preservation, reunification, and permanent
parental care for orphans; and
(iv) determine which in-country factors
enhance or negate efforts to achieve family
preservation, reunification and permanent
parental care for orphans.
(C) Selection of sites.--
(i) Number of sites.--In carrying out the
pilot program established under this paragraph,
the Secretary of State shall select and
establish not fewer than 5 sites, each of which
shall be located in a different region of the
world.
(ii) Priorities.--In selecting sites under
clause (i), the Secretary shall consider--
(I) cultural, geographic, and
economic diversity of countries
included in the region;
(II) whether governments within the
region have sufficient infrastructure
and capacity to support the pilot
program; and
(III) the incidence of abandoned
children and children in institutional
care in the region and culture.
(iii) Delegation.--The Coordinator for
Orphan Policy Diplomacy and Development may
delegate implementation of the pilot program
under this paragraph to 1 or more organizations
that have experience in the use of evidence-
based programs to promote family preservation,
reunification or permanent parental care for
orphans.
(iv) Annual report.--Not later than 1 year
after the date on which the first pilot program
is established under this paragraph, and each
subsequent year, the Coordinator shall publish
a report on the status of, and lessons learned
in, the pilot program.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(1) Operations.--There are authorized to be appropriated
for the administrative costs associated with carrying out the
duties of the Office for Orphan Policy Diplomacy and
Development--
(A) $3,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for each
subsequent fiscal year.
(2) Assistance to foreign governments.--There are
authorized to be appropriated for assistance to foreign
governments under section 136 of the Foreign Assistance Act of
1961--
(A) $5,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for each
subsequent fiscal year.
(3) Grants to support permanent parental care.--There is
authorized to be appropriated for grants under section 104(b)--
(A) $5,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for each
subsequent fiscal year.
(4) Global best practices pilot program.--There are
authorized to be appropriated to the Secretary of State to
carry out section 104--
(A) $3,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for each
subsequent fiscal year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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