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