Children in Family Security Act of 2021
A BILL
To establish the Office of Children in Family Security and an Ambassador at Large for Children in Family Security, and for other purposes.
Sec. 2 Sense of Congress
It is the sense of Congress that—
the United States Government should be a source of support and encouragement for foreign child welfare systems interested in transitioning from institutional care to family care, according to the best interests of the child living without, or at risk of living without, family care;
a foreign child welfare system that reflects the best interests of a child living without, or at risk of living without, family care should—
while keeping siblings together whenever possible—
prioritize family preservation or reunification;
when family preservation or reunification is not possible, ensure the timely provision of adoption or guardianship; and
use interim placement of foster care or kinship care if—
such placement is immediately available; and
there are ongoing efforts to transition the child to the other forms of family care described in clauses (i) and (ii);
provide assistance for children with disabilities, who are disproportionately institutionalized, including—
payment and support to adults providing family care; and
any other available assistance that promotes the welfare of such children; and
not rely on institutional care; or
if institutional care is currently relied upon, work to transition children to family care;
children should grow up with permanent, safe, and nurturing families;
many children do not have such families;
institutional care—
is used throughout the world to assist the millions of children who are without family care, but such care does not reflect the best interests of such children; and
presents the risk of neurological and psychological harm to children, especially infants and children with disabilities;
there are children living in institutional care who have at least 1 living parent who would otherwise take care of them if the parent could meet the needs of such children;
some foreign governments lack the resources or infrastructure to adequately develop a child welfare system that reflects the best interests of children living without family care and children at risk of living without family care;
the United States can assist children around the world who are living without family care or who are at risk of living without family care by advocating for and providing technical assistance related to the implementation of laws, regulations, policies, and procedures that—
reflect the best interests of such children in a child welfare system of a foreign government; and
ensure that intercountry adoption is a viable and fully developed option; and
the implementation of United States foreign policy can be enhanced by providing the assistance described in paragraph (8) when—
such assistance serves the foreign policy interests of the United States; and
a foreign government lacking the resources or infrastructure described in paragraph (7) seeks such assistance from the United States.
Sec. 3 Definitions
In this Act:
Adoption— The term adoption means—
adoptions within the United States; and
intercountry adoptions.
Ambassador— The term “Ambassador” means the Ambassador at Large for Children in Family Security established under section 102(a) of this Act.
Central authority— The term central authority has the meaning given such term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).
Child welfare system— The term “child welfare system” means a group of services designed to promote the well-being of children by ensuring safety, achieving permanency, and strengthening families.
Children in adversity— The term children in adversity means individuals who—
have not attained 18 years of age; and
are experiencing conditions of serious deprivation and danger, including individuals who are—
living without, or at risk of living without, family care;
experiencing violence;
affected by, or emerging from, armed conflict or humanitarian crises;
living with disabilities;
orphans; or
otherwise vulnerable, including because of human immunodeficiency virus and acquired immunodeficiency syndrome (commonly known as “HIV/AIDS”), acute illness, or premature birth.
Convention country— The term “Convention country” means a country that is a party to the Hague Adoption Convention.
Family care— The term family care refers to adoption, family preservation, reunification, foster care, guardianship, or kinship care.
Family-like group home— The term family-like group home means an arrangement in which a child is placed in a home—
that houses a limited number of children; and
in which personalized caretaking is provided only by one or more caregivers.
Family preservation— The term family preservation means measures taken to keep a child within the care of his or her parent or parents.
Foster care— The term foster care means an arrangement in which a child is placed with at least 1 adult—
who is not a relative;
with whom the child does not have an emotionally significant relationship; and
who has been authorized by a child welfare system to provide full-time care for the child on a temporary basis.
Guardianship—
In general— The term guardianship means a permanent legal relationship between an adult and a child, in which the adult is lawfully vested with the power and charged with the duty of taking care of the child.
Kinship care; kefala order— The terms “Kefala order”, which is issued by a country that follows traditional Islamic law, and “kinship care” include relationships that may not qualify as permanent legal relationships under United States law, but may be considered forms of guardianship if such relationships are considered appropriate under the circumstances of a foreign child welfare system.
Hague adoption convention— The term Hague Adoption Convention means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993.
Institutional care— The term institutional care means care for children provided in a public or private residential setting that is—
not family care;
staffed by salaried or volunteer caregivers working pre-determined hours or shifts; and
a collective living arrangement, including—
orphanages;
places of safety or transit centers for emergency care used primarily as an alternative to family care;
children’s homes;
children’s villages or cottage complexes; and
boarding schools or hospitals used primarily as an alternative to family care.
Interim placement— The term interim placement means foster care or kinship care.
Kinship care— The term kinship care means an arrangement in which a child is placed with at least 1 adult who—
is a relative, a member of a Tribe or clan, or related by marriage, or has an emotionally significant relationship with the child; and
has been authorized by a child welfare system to provide full-time care for the child on a temporary basis.
Office— The term “Office” means the Office of Children in Family Security established under section 101(a) of this Act.
Reunification— The term reunification means the transition of a child, after being separated from parental care, into the care or custody of the parent or parents of such child, including the provision of access to appropriate services and support that follows reunification and addresses the reason for the initial separation.
Special advisor— The term Special Advisor means the Special Advisor for Children in Adversity appointed pursuant to section 135(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f(e)), as amended by section 201(4).