119-s604

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 604 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 604

 To amend the adoption opportunities program to define unregulated 
 custody transfers of children and to improve awareness and prevention 
 of such transfers, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 13, 2025

 Ms. Klobuchar (for herself and Mr. Cramer) introduced the following 
 bill; which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To amend the adoption opportunities program to define unregulated 
 custody transfers of children and to improve awareness and prevention 
 of such transfers, 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.

 This Act may be cited as the ``Safe Home Act of 2025''.

SEC. 2 UNREGULATED CUSTODY TRANSFERS.

    (a) In General.--Title II of the Child Abuse Prevention and 
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is 
amended--

    (1) by redesignating 

section 205 (42 U.S.C. 5115) as 
 

section 206; and

    (2) by inserting after 

section 204 the following:

``

SEC. 205. SENSE OF CONGRESS, TECHNICAL ASSISTANCE, AND REPORT ON 
 UNREGULATED CUSTODY TRANSFERS.

 ``

    (a) Sense of Congress.--It is the sense of Congress that--
 ``

    (1) there are challenges associated with some 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;
 ``

    (2) 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;
 ``

    (3) unregulated custody transfers may not include certain 
 safety measures that are required as part of formal adoption 
 proceedings, such as required child welfare or criminal 
 background checks or clearances;
 ``

    (4) 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;
 ``

    (5) the lack of such assessments may result in the 
 placement of children in homes in which the children may be 
 exposed to unsafe environments;
 ``

    (6) 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;
 ``

    (7) 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; and
 ``

    (8) unregulated custody transfers pose significant 
 challenges for children who experience such transfers.
 ``

    (b) 

=== Definition. ===
-For the purpose of this section, the term 
`unregulated custody transfer'--
 ``

    (1) means the abandonment of a child, by the child's 
 parent or legal guardian, or a person or entity acting on 
 behalf, and with the consent, of such parent or guardian--
 ``
        (A) by placing the child with a person who is 
 not--
 ``
            (i) the child's parent, stepparent, 
 grandparent, adult sibling, legal guardian, or 
 other adult relative;
 ``
            (ii) a friend of the family who is an 
 adult and with whom the child is familiar; or
 ``
            (iii) a member of the federally 
 recognized Indian Tribe of which the child is 
 also a member or eligible to be a member;
 ``
        (B) with the intent of severing the relationship 
 between the child and the parent or guardian of such 
 child; and
 ``
            (C) without--
 ``
            (i) reasonably ensuring the safety of the 
 child and permanency of the placement of the 
 child, including by conducting an official home 
 study, background check, and supervision; and
 ``
            (ii) transferring the legal rights and 
 responsibilities of parenthood or guardianship 
 under applicable Federal and State law to a 
 person described in clause
            (i) ,
            (ii) , or
            (iii) of subparagraph
        (A) ; and
 ``

    (2) does not include the surrender of an infant to a safe 
 haven by the parent or guardian of such infant, if such 
 surrender is consistent with the safe haven law of the 
 applicable State.
 ``
            (c) Technical Assistance and Public Awareness.--The Secretary, in 
coordination with the heads of other relevant Federal agencies--
 ``

    (1) shall improve public awareness related to preventing 
 adoption disruption and dissolution, including preventing 
 unregulated custody transfers of adopted children; and
 ``

    (2) in carrying out paragraph

    (1) , shall update Federal 
 resources, including internet websites, to provide--
 ``
        (A) employees of State, local, and Tribal 
 agencies that provide child welfare services with 
 education materials related to preventing, identifying, 
 and responding to unregulated custody transfers, 
 including such materials containing information on 
 adoption support and stability services for adoptive 
 families and prospective adoptive families; and
 ``
        (B) prospective adoptive families with 
 information on accessing pre-adoption education and 
 post-adoption services from State, local, and private 
 resources to promote child permanency.
 ``
            (d) Report to Congress.--
 ``

    (1) In general.--Not later than 2 years after the date of 
 enactment of the Safe Home Act of 2025, the Secretary, in 
 consultation with the Secretary of State, shall prepare and 
 submit to the Committee on Health, Education, Labor, and 
 Pensions and the Committee on Finance of the Senate and the 
 Committee on Education and Workforce and the Committee on Ways 
 and Means of the House of Representatives a report on 
 unregulated custody transfers of children, including of adopted 
 children.
 ``

    (2) Elements.--The report required under paragraph

    (1) shall include--
 ``
        (A) information on the causes, methods, and 
 characteristics of unregulated custody transfers, 
 including the use of social media and the internet;
 ``
        (B) 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;
 ``
            (C) data on the prevalence of unregulated custody 
 transfers within each State and across all States;
 ``
            (D) recommended policies for preventing, 
 identifying, and responding to unregulated custody 
 transfers, including of adopted children, that 
 include--
 ``
            (i) suggested changes or updates to 
 Federal and State law to address unregulated 
 custody transfers;
 ``
            (ii) suggested changes or updates to 
 child protection practices to address 
 unregulated custody transfers; and
 ``
            (iii) methods of providing to the public 
 information regarding adoption and child 
 protection; and
 ``
        (E) a description of the activities carried out 
 under subsection
            (c) .''.

    (b) Conforming Amendment.--

Section 203
            (d) (3)
        (A) of the Child Abuse 
Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 
5113
            (d) (3)
        (A) ) is amended by striking ``

section 205

    (a) '' and inserting 
``

section 206

    (a) ''.
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