Dan Coats: “I note that the ``Child Support Performance and Incentive Act of 1998'' contains a provision which amends the ``Adoption…”

“I note that the ``Child Support Performance and Incentive Act of 1998'' contains a provision which amends the ``Adoption and Safe Families Act of 1997.'' This provision deals with how the provision on elimination of geographic barriers to adoption is enforced. It is my understanding that this amendment does not affect the other provisions in the new law on reasonable efforts or the termination of parental rights. It is my understanding that the purpose of the new law was to clarify federal policy regarding the protection of children in foster care. The adoption law makes clear that the health and safety of children must always be of paramount concern in any decision affecting the removal of children from their homes or the reunification of children with their families. To receive foster care and adoption assistance funds, States are generally required to make reasonable efforts to maintain children in their own homes or to reunify children and families when possible. However, it is my understanding that under the new law, the federal government does not require States to make such efforts in cases where a court finds that a parent has killed or assaulted a child or subjected the child to extreme forms of abuse or neglect. At the same time, the new law does not prevent a State from making efforts to preserve or reunify a family in such cases, as long as the child's health and safety are the paramount considerations. Is my understanding correct?”