Page:United States Statutes at Large Volume 111 Part 3.djvu/40

 Ill STAT. 2128 PUBLIC LAW 105-89—NOV. 19, 1997 that result in delays to adoptive placements for children in foster care. "(B) If an appropriate application therefor is submitted, the Secretary shall consider authorizing a demonstration project which is designed to identify and address parental substance abuse problems that endanger children and result in the placement of children in foster care, including through the placement of children with their parents in residential treatment facilities (including residential treatment facilities for post-partum depression) that are specifically designed to serve parents and children together in order to promote family reunification and that can ensure the health and safety of the children in such placements. "(C) If an appropriate application therefor is submitted, the Secretary shall consider authorizing a demonstration project which is designed to address kinship care. "(4) LIMITATION ON ELIGIBILITY.—The Secretary may not authorize a State to conduct a demonstration project under this section if the State fails to provide health insurance coverage to any child with special needs (as determined under section 473(c)) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents. " (5) REQUIREMENT TO CONSIDER EFFECT OF PROJECT ON TERMS AND CONDITIONS OF CERTAIN COURT ORDERS.—In considering an application to conduct a demonstration project under this section that has been submitted by a State in which there is in effect a court order determining that the State's child welfare program has failed to comply with the provisions of part B or E of title IV, or with the Constitution of the United States, the Secretary shall take into consideration the effect of approving the proposed project on the terms and conditions of the court order related to the failure to comply.". 42 USC l320a-9 (b) RuLE OF CONSTRUCTION. — Nothing in the amendment made i^ote. by subsection (a) shall be construed as affecting the terms and conditions of any demonstration project approved under section 1130 of the Social Security Act (42 U.S.C. 1320a-9) before the date of the enactment of this Act. (c) AUTHORITY TO EXTEND DURATION OF DEMONSTRATIONS.— Section 1130(d) of such Act (42 U.S.C. 1320a-9(d)) is amended by inserting ", unless in the judgment of the Secretary, the demonstration project should be allowed to continue" before the period. SEC. 302. PERMANENCY HEARINGS. Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended— (1) by striking "dispositional" and inserting "permanency"; (2) by striking "eighteen" and inserting "12"; (3) by striking "original placement" and inserting "date the child is considered to have entered foster care (as determined under subparagraph (F))"; and (4) by striking "future status of" and all that follows through "long term basis)" and inserting "permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where

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