Page:United States Statutes at Large Volume 111 Part 3.djvu/29

 PUBLIC LAW 105-89 —NOV. 19, 1997 111 STAT. 2117 "(iii) the parental rights of the parent to a sibling have been terminated involuntarily; "(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)— "(i) a permginency hearing (as described in section 475(5)(C)) shall be held for the child within 30 days after the determination; and "(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and "(F) reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subparagraph (B);". (b) DEFINITION OF LEGAL GUARDIANSHIP. —Section 475 of such Act (42 U.S.C. 675) is amended by adding at the end the following: "(7) The term 'legal guardianship' means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term 'legal guardian' means the caretaker in such a relationship.". (c) CONFORMING AMENDMENT. — Section 472(a)(1) of such Act (42 U.S.C. 672(a)(1)) is amended by inserting "for a child" before "have been made". (d) RULE OF CONSTRUCTION.— Part E of title IV of such Act (42 U.S.C. 670-679) is amended by inserting after section 477 the following: "SEC. 478. RULE OF CONSTRUCTION. 42 USC 678. "Nothing in this part shall be construed as precluding State courts from exercising their discretion to protect the health and safety of children in individual cases, including cases other than those described in section 471(a)(15)(D).". SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS. Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended— (1) in section 422(b)(10)(B)— 42 USC 622. (A) in clause (iii)(I), by inserting "safe and" after "where"; and (B) in clause (iv), by inserting "safely after "remain"; and (2) in section 475— 42 USC 675. (A) in paragraph (1)— (i) in subparagraph (A), by inserting "safety and" after "discussion of the"; and (ii) in subparagraph (B)— (I) by inserting "safe and" after "child receives"; and (II) by inserting "safe" after "return of the child to his own"; and

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