Sec. 505. Unregulated custody transfers
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Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5111 et seq. ) is amended— by redesignating section 205 ( 42 U.S.C. 5115 ) as section 206; and by inserting after section 204 the following: It is the sense of Congress that— there are challenges associated with adoptions (including the child’s mental health needs and the difficulties many families face in accessing support services) and some families may seek out an unregulated transfer of physical custody of an adoptive child without any formal supervision by child welfare agencies or courts; some adopted children experience trauma, and the disruption and placement in another home due to such a transfer may contribute to additional trauma and instability for such children; unregulated custody transfers may not include certain safety measures that are required as part of formal adoption proceedings; child welfare agencies and courts may be unaware of the placement of children through unregulated custody transfers and, as a result, may not conduct assessments on children’s safety and well-being in such subsequent placements; the lack of such assessments may result in the placement of children in homes in which the children may be exposed to unsafe environments; the caregivers with whom a child is placed through an unregulated custody transfer may have no legal responsibility with respect to such child and may not have complete records, including the child’s birth, medical, or other records, with respect to such child; a child adopted through intercountry adoption may be at risk of not acquiring United States citizenship if an unregulated custody transfer occurs before the adoptive parents complete all necessary steps to finalize the adoption of such child; unregulated custody transfers pose significant challenges for children who experience such transfers; and the Department of Health and Human Services should support States in preventing, identifying, and responding to unregulated custody transfers, including of adopted children.
The Secretary, in coordination with the heads of other relevant departments of the Federal Government— shall improve public awareness related to preventing adoption disruption and dissolution, including preventing unregulated custody transfers of adopted children; and in carrying out paragraph (1), may update Federal resources, including internet websites, to provide— employees of State, local, and Tribal agencies that provide child welfare services with education and training materials related to preventing, identifying, and responding to unregulated custody transfers; and families with information on post-legal adoption services from State, local, and private resources to promote child permanency.
Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2021, the Secretary, in consultation with the Secretary of State, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Ways and Means of the House of Representatives, a report on unregulated custody transfers of children, including of adopted children.
The report required under paragraph
(1)shall include— information on the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet; information on the effects of unregulated custody transfer on children, including the effects of the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer; data on the prevalence of unregulated custody transfers within each State and across all States; and recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include— suggested changes or updates to Federal and State law to address unregulated custody transfers; suggested changes or updates to child protection practices to address unregulated custody transfers; and methods of providing to the public information regarding adoption and child protection. .
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