Laws: Cases and Codes : U.S. Code : Title 42 : Section 679


   
U.S. Code as of: 01/19/04
Section 679. Collection of data relating to adoption and foster care

    (a) Advisory Committee on Adoption and Foster Care Information
      (1) Not later than 90 days after October 21, 1986, the Secretary
    shall establish an Advisory Committee on Adoption and Foster Care
    Information (in this section referred to as the "Advisory
    Committee") to study the various methods of establishing,
    administering, and financing a system for the collection of data
    with respect to adoption and foster care in the United States.
      (2) The study required by paragraph (1) shall - 
        (A) identify the types of data necessary to - 
          (i) assess (on a continuing basis) the incidence,
        characteristics, and status of adoption and foster care in the
        United States, and
          (ii) develop appropriate national policies with respect to
        adoption and foster care;

        (B) evaluate the feasibility and appropriateness of collecting
      data with respect to privately arranged adoptions and adoptions
      arranged through private agencies without assistance from public
      child welfare agencies;
        (C) assess the validity of various methods of collecting data
      with respect to adoption and foster care; and
        (D) evaluate the financial and administrative impact of
      implementing each such method.

      (3) Not later than October 1, 1987, the Advisory Committee shall
    submit to the Secretary and the Congress a report setting forth the
    results of the study required by paragraph (1) and evaluating and
    making recommendations with respect to the various methods of
    establishing, administering, and financing a system for the
    collection of data with respect to adoption and foster care in the
    United States.
      (4)(A) Subject to subparagraph (B), the membership and
    organization of the Advisory Committee shall be determined by the
    Secretary.
      (B) The membership of the Advisory Committee shall include
    representatives of - 
        (i) private, nonprofit organizations with an interest in child
      welfare (including organizations that provide foster care and
      adoption services),
        (ii) organizations representing State and local governmental
      agencies with responsibility for foster care and adoption
      services,
        (iii) organizations representing State and local governmental
      agencies with responsibility for the collection of health and
      social statistics,
        (iv) organizations representing State and local judicial bodies
      with jurisdiction over family law,
        (v) Federal agencies responsible for the collection of health
      and social statistics, and
        (vi) organizations and agencies involved with privately
      arranged or international adoptions.

      (5) After the date of the submission of the report required by
    paragraph (3), the Advisory Committee shall cease to exist.
    (b) Report to Congress; regulations
      (1)(A) Not later than July 1, 1988, the Secretary shall submit to
    the Congress a report that - 
        (i) proposes a method of establishing, administering, and
      financing a system for the collection of data relating to
      adoption and foster care in the United States,
        (ii) evaluates the feasibility and appropriateness of
      collecting data with respect to privately arranged adoptions and
      adoptions arranged through private agencies without assistance
      from public child welfare agencies, and
        (iii) evaluates the impact of the system proposed under clause
      (i) on the agencies with responsibility for implementing it.

      (B) The report required by subparagraph (A) shall - 
        (i) specify any changes in law that will be necessary to
      implement the system proposed under subparagraph (A)(i), and
        (ii) describe the type of system that will be implemented under
      paragraph (2) in the absence of such changes.

      (2) Not later than December 31, 1988, the Secretary shall
    promulgate final regulations providing for the implementation of - 
        (A) the system proposed under paragraph (1)(A)(i), or
        (B) if the changes in law specified pursuant to paragraph
      (1)(B)(i) have not been enacted, the system described in
      paragraph (1)(B)(ii).

    Such regulations shall provide for the full implementation of the
    system not later than October 1, 1991.
    (c) Data collection system
      Any data collection system developed and implemented under this
    section shall - 
        (1) avoid unnecessary diversion of resources from agencies
      responsible for adoption and foster care;
        (2) assure that any data that is collected is reliable and
      consistent over time and among jurisdictions through the use of
      uniform definitions and methodologies;
        (3) provide comprehensive national information with respect to
      - 
          (A) the demographic characteristics of adoptive and foster
        children and their biological and adoptive or foster parents,
          (B) the status of the foster care population (including the
        number of children in foster care, length of placement, type of
        placement, availability for adoption, and goals for ending or
        continuing foster care),
          (C) the number and characteristics of - 
            (i) children placed in or removed from foster care,
            (ii) children adopted or with respect to whom adoptions
          have been terminated, and
            (iii) children placed in foster care outside the State
          which has placement and care responsibility, and

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

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



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