1. Short title
This Act may be cited as the “Safe Home Act of 2018”.
Safe Home Act of 2018
A BILL
To amend the Child Abuse Prevention and Treatment Act to include an act of unregulated custody transfer in the definition of child abuse and neglect, and for other purposes.
2. Treatment of unregulated custody transfer
In general— Section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended—
in paragraph (2)—
by striking “or an act or failure” and inserting “an act or failure”; and
by inserting “, or an unregulated custody transfer” after “serious harm”;
in paragraph (7), by striking “; and” and inserting a semicolon;
in paragraph (8), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(9) the term “unregulated custody transfer” means the abandonment of a child, by the child’s parent, legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian—
“(A) by placing a child with a person who is not—
“(i) the child’s parent, step-parent, grandparent, adult sibling, adult uncle or aunt, legal guardian, or other 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;
“(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 subparagraph (A).”
Technical amendment— Paragraph (5) of section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by striking “450b” and inserting “5304”.