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Melanne Verveer's Subject Files
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
List of Participants - Adoption Meeting (partial) (2 pages)
08/02/1996
b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Melanne Verveer
OA/Box Number: 20017
FOLDER TITLE:
Adoption [Folder 1] [1]
2013-0534-S
ry1530
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
ADOPTION
ADOPTION
PHOTOCOPY
PRESERVATION
6-25-1997 12:25PM
FROM MARY BOURDETTE 96905750
file adgetion
P.2
House Adoption Bill
(H.R. 867 - Primary Sponsors: Representatives Camp and Kennelly)
Major Provisions
Clarifies reasonable efforts by requiring each state to define legislatively the categories of
aggravated circumstances under which reasonable efforts are not required. In addition
to the State's list, the bill provides several specific egregious circumstances in which no
reasonable efforts would be required, such as if a parent had murdered or tortured a child,
or if parental rights to a sibling had previously been terminated involuntarily. The
provision further notes that child health and safety should be the paramount consideration
in determining whether or not reasonable efforts should be made to prevent a removal or
reunify a child.
Provides financial incentives to states to increase the number of adoptions from the public
child welfare system (per child bonuses).
Clarifies the purpose of dispositional hearings by renaming them permanency hearings
and shortens the timeframe until such a hearing is required from 18 months to 12 months.
Require states to file a Termination of Parental Rights (TPR) petition or join TPR
proceedings after a child under 10 years old has been in foster care 18 of the past 24
months unless (1) at the state's option, if the child is in relative care; (2) a State court or
State agency has determined there are compelling reasons why TPR is not in the child's
best interests; or (3) the State has not provided the services the State deems appropriate.
Requires reasonable efforts to find an adoptive home or other permanent living
arrangement if reunification is not pursued.
Requires an annual report on states' performance regarding adoption and permanency for
children.
Increases from 10 to 15 the number of child welfare demonstration waivers authorized.
Provides that foster parents must be given notice of and an opportunity to be heard in
reviews and hearings, although they would not become parties to the case.
Relation to the Adoption 2002 Report
With the exception of the requirement to initiate proceedings to terminate parental rights after a
child has been in foster care for 18 months and the foster parent notification, the other major
provisions of the bill were all elements of Adoption 2002. The one major item from Adoption
6-25-1997 12:25PM
FROM MARY BOURDETTE 96905750
P.3
2002 which was not included in the House measure is funding to identify and remove barriers to
permanency and adoption.
Costs
This bill is cost neutral. No additional money would be spent.
Current Status
The bill passed in the House on April 30, 1997 by a vote of 416 to 5. The Administration sent a
letter strongly supporting the bill.
6-25-1997 12:25PM
FROM MARY BOURDETTE 96905750
P.4
Senate Adoption Bills
(Several related proposals are active, the primary of which is S. 511, the Safe Adoptions and
Family Environments Act, nicknamed SAFE, sponsored by Senators Chafee and Rockefeller.)
Major Provisions of the Chafee-Rockefeller Proposal
Clarifies the reasonable efforts requirement by emphasizing child safety and providing
for some circumstances under which reasonable efforts are not required. The language in
the bill is similar to that in the House bill, although not identical.
Accelerates the schedule of permanency hearings so that one must be held by the time a
child is in foster care 12 months (rather than the current 18). The Senate provision also
requires that after the initial permanency hearing, subsequent hearings shall be held every
6 months while the child remains in care. (The House bill does not require these
additional hearings.)
Revises adoption assistance eligibility to remove income of the birth family as a key
eligibility criteria.
Expands the definition of IV-E maintenance payments to include a year's reunification
services, including substance abuse and mental health services, etc.
Authorizes a new series of grants to reduce backlogs/barriers regarding adoptions,
authorized at $50 million per year.
Amends the Substance Abuse Prevention and Treatment Block Grant to broaden the
current preference for services to pregnant women to include also parents with children
who have been referred to treatment by child welfare agencies.
Allows foster care payments on behalf of children living in residential treatment
programs with their mothers.
Broadens the use of foster care training funds for training collaborating agencies on child
protection/child welfare issues.
Requires reasonable efforts to find an adoptive home or other permanent living
arrangement if reunification is not pursued.
Increases from 10 to 15 the number of authorized child welfare demonstration waivers
Requires each state to implement a child death review team, and requires a federal child
death review team to investigate deaths on military bases and Indian Reservations.
6-25-1997 12:26PM
FROM MARY BOURDETTE 96905750
P.5
Requires States to develop and implement guidelines for out of home care akin to
accreditation.
Other Senate Proposals
While S. 511 has received primary consideration in the Senate, there are several additional child
welfare/adoption proposals being considered as well. Senator DeWine has introduced a measure
that includes items from the House passed bill that are not included in the Chafee-Rockefeller
proposal. Senator Craig has introduced in the Senate a bill nearly identical to the House-passed
measure (as S. 827). In addition, Senator Grassley has also expressed an intention to put forward
a competing bill, but no such bill has yet been introduced.
Relation to the Adoption 2002 Report
The Senate bill contains many of the elements from Adoption 2002, but goes well beyond it with
respect to providing additional funding to address barriers to sound child welfare practice: The
Senate bill does not include the concept of financial incentives (bonuses) to states for increasing
the number of adoptions beyond current levels.
Costs
No official cost estimates for S. 511 have been released, but it is expected that the current version
of the bill will be scored by CBO with a cost of approximately $3 billion, most of that in the
provision which would remove Adoption Assistance eligibility restrictions based on birth family
income.
Current Status
Senators Chafee and Rockefeller tried to have their bill considered as part of budget
reconciliation, but the proposal was ruled non-germane. Senator Lott has attempted to have the
Senate vote on the House bill as passed, but that effort was blocked as well. It is not clear at this
time what strategy Senators Chafee and Rockefeller, and others, will next take.
May 6, 1997 - Page 1
P.2
ADMINISTRATION, HOUSE, AND SENATE ADOPTION/CHILD WELFARE PROPOSALS
Adoption 2002 Report
H.R. 867 (Camp-Kennelly) as passed 4/30/97
S. 511 (Chafee, Rockefeller, et al) as introduced
Work with States on numerical goals and targets to
No additional legislative authority needed.
No additional legislative authority needed.
double the number of adoptions and other
permanent placements by 2002.
Provide technical assistance to State agencies,
Technical assistance authority (Sec. 12)
No provision.
courts and communities to improve the timeliness
of permanency decisions and to increase the
number of adoptions and other permanent
placements.
Financial incentives to states to increase the
Adoption incentives payments (Sec. 4)
No provision.
number of adoptions from the public child welfare
system (per child bonuses).
FROM MARY BOURDETTE 96905750
Continued aggressive implementation of the
No additional legislative authority needed.
No additional legislative authority needed.
Multiethnic Placement Act, as amended.
Publish an annual State-by-State report on success
Annual report on States' performance (Sec. 10)
No provision.
in meeting numerical targets for adoption.
Recognize successful state efforts.
No additional legislative authority needed.
No additional legislative authority needed.
Provide States with funding to:identify and remove
No provision.
Section 401 authorizes 5 year grants to reduce
barriers to permanency and adoption
backlogs/barriers regarding adoptions. Authorizes
a new funding stream under IV-E (to be section
478) with up to $50 million for these grants.
Clarify the purpose of dispositional hearings by
Dispositional hearing renamed as permanency
Same provision, section 302
renaming them permanency planning hearings and
hearing. (Sec. 5)
shorten the timeframe until such a hearing is
5-07-1997 3:00PM
required from 18 months to 12 months.
Require permanency hearing no later than 12
months after a child is in care (rather than 18).
(Sec. 5)
May 6, 1997 - Page 2
ADMINISTRATION, HOUSE, AND SENATE ADOPTION/CHILD WELFARE PROPOSALS
Adoption 2002 Report
H.R. 867 (Camp-Kennelly) as passed 4/30/97
S. 511 (Chafee, Rockefeller, et al) as introduced
Clarify "reasonable efforts" requirements to
Clarify reasonable efforts by requiring each state
Adds language on child health/safety and
emphasize that child health and safety should be
to define legislatively the categories of aggravated
reasonable efforts similar although not identical to
the paramount concern in making child welfare
circumstances under which reasonable efforts are
H.R. 867. (Sec. 102)
decisions and to illustrate circumstances in which
not required. In addition to the State's list, the
reunification is not appropriate.
circumstances listed in the CAPTA bill would not
Also adds safety language to provisions regarding
require reasonable efforts, nor would efforts be
the contents of case plans and requirements for
required if parental rights to a sibling had
case reviews. (Sec. 103)
previously been terminated involuntarily. The
provision further notes that child health and safety
should be the paramount consideration in
determining reasonable efforts. (Sec. 2)
Establish a reasonable efforts requirement to
Requires reasonable efforts to find an adoptive
Requires reasonable efforts to find an adoptive
FROM MARY BOURDETTE 96905750
secure an adoptive home when reunification has
home or other permanent living arrangement if
home or other permanent living arrangement and
been ruled out.
reunification is not pursued. (Sec. 2)
requires documentation of such efforts. (Sec. 301)
Section 7 requires that reasonable efforts to find an
adoptive home must be documented.
Encourage States to use the Federal Parent Locator
Use of Parent Locator Service in TPR cases (Sec.
No provision.
Service to locate absent-parents-and relatives who
9)
might provide a permanent home for the child and
to terminate parental rights when appropriate:
Increase the number of child welfare
Increase from 10 to 15 the number of child welfare
Increase from 10 to 15 the number of child welfare
demonstration waivers.
demonstration waivers (Sec. 11).
demonstration waivers, Section 402.
An amendment added on the House floor provides
that one of the additional demonstrations must be
5-07-1997 3:01PM
on the subject of kinship care.
P.4
May 6, 1997 - Page 3
ADMINISTRATION, HOUSE, AND SENATE ADOPTION/CHILD WELFARE PROPOSALS
Adoption 2002 Report
H.R. 867 (Camp-Kennelly) as passed 4/30/97
S. 511 (Chafee, Rockefeller, et al) as introduced
A variety of steps are proposed to encourage more
Require states to file a TPR petition or join TPR
No provision.
timely decision making, but no specific deadlines
proceedings after a child under 10 years old has
for TPRs are proposed.
been in foster care 18 of the past 24 months unless
(1) at the state's option, if the child is in relative
care; (2) a State court or State agency has
determined there are compelling reasons why TPR
is not in the child's best interests; or (3) the State
has not provided the services the State deems
appropriate. (Sec. 3)
Not addressed.
Foster parents must be provided notice of and an
No provision.
opportunity to be heard in reviews and hearings.
(Sec. 6)
FROM MARY BOURDETTE 96905750
Suggests this is an issue that needs further study.
Required report and recommendations on kinship
No provision.
Commits to establishing kinship demonstration
care. (Sec. 8)
projects as provided for in the reauthorized
CAPTA legislation, and through child welfare
demonstration waivers.
Not addressed.
An amendment added on the House floor provides
Section 205 requires States to conduct criminal
that states may conduct criminal background
background checks for prospective foster and
checks of prospective foster and adoptive parents
adoptive parents and for staff of group care homes.
and group home staff (Sec. 17)
Not addressed.
Report to Congress on coordination of substance
Section 201 requires HHS to prepare an inventory
abuse and child protection/child welfare services.
of federal programs providing substance abuse
(Sec. 13)
prevention and treatment to families receiving
child welfare services, and requires a Report to
5-07-1997 3:01PM
Congress on issues in providing such services.
Not addressed.
Clarification of population eligible for Independent
No provision.
Living Services. (Sec. 14)
P.5
May 6, 1997 - Page 4
ADMINISTRATION, HOUSE, AND SENATE ADOPTION/CHILD WELFARE PROPOSALS
Adoption 2002 Report
H.R. 867 (Camp-Kennelly) as passed 4/30/97
S. 511 (Chafee, Rockefeller, et al) as introduced
Not addressed.
An amendment added on the House floor expresses
No provision.
the sense of Congress that States should consider
enacting standby guardianship laws. (Sec.18)
Not addressed in Adoption 2002, but CAPTA
No provision.
Section 104 requires each state to implement a
already encourages States to establish such teams.
child death review team, and requires a-federal
child death review team to investigate deaths on
military bases and Indian Reservations.
No provision.
Section 202 amends the Substance Abuse
Not addressed.
Prevention and Treatment Block Grant to broaden
the current preference for services to pregnant
women to include also parents with children who
have been referred to treatment by child welfare
FROM MARY BOURDETTE 96905750
agencies.
Not addressed.
No provision.
Section 203 allows foster care payments on behalf
of children living in residential treatment programs
with their mothers.
HHS will "review and may revise the title IV-E
No provision.
Section 204 broadens the use of foster care training
training regulations to assure a comprehensive
funds for training collaborating agencies on child
approach to child welfare training."
protection/child welfare issues.
Not addressed.
No provision.
Section 206 requires States to develop and
implement guidelines for out of home care akin to
accreditation.
Not addressed.
No provision.
Section 303 revises adoption assistance eligibility
so that birth families' low income is not an
5-07-1997 3:02PM
eligibility requirement. In addition, the bill makes
immigrant children in the care of state/tribal child
welfare agencies and who otherwise meet IV-E
requirements eligible for adoption assistance.
(Essentially exempts adoption assistance from the
immigrant provisions of the welfare reform bill.)
May 6, 1997 - Page S
P. P.6
ADMINISTRATION, HOUSE, AND SENATE ADOPTION/CHILD WELFARE PROPOSALS
Adoption 2002 Report
H.R. 867 (Camp-Kennelly) as passed 4/30/97
S. 511 (Chafee, Rockefeller, et al) as introduced
Not addressed.
No provision.
Section 304 expands the definition of IV-E
maintenance payments to include a year's
reunification services.
Proposes technical assistance to support the
No provision.
Section 305 requires HHS to study
development of collaboratives that encourage
interjurisdictional adoption issues.
placements across geographical boundaries.
FROM MARY BOURDETTE 96905750
5-07-1997 3:02PM
Adjusting the Census
T
HE DECENNIAL Census is supposed to be
under the present system, and this has also
a complete count of the population. The
tended to be the Republican view.
goal is never quite achieved. There is
When urban and other advocates pushed for
always an undercount; it tends to be greater
adjustment of the 1990 figures, the Bush admin-
among some groups-blacks and Hispanics in the
istration refused. The courts upheld the decision;
inner cities, for example-than among others.
saying basically that the executive branch has
The fauity figures can have serious conse-
discretion to do the thing either way. Congress
quences. The population figures are the basis for
then ordered a study by the National Academy of
both congressional redistricting and the appor-
Sciences. The study found that statistical adjust-
tionment of certain federal funds. A state or city
ment would produce more accurate figures at
whose population is undercounted can lose a
lower cost, also a consideration in'a tight budget
congressman or a sizable chunk of federal aid.
era. The Clinton administration thus began to
By the 1990 Census, the problem had reached
prepare to adjust the year 2000 figures. But the
fight about whether to do so seems likely to
such a point that the possible losers were urging
recur.
the use of sampling to adjust the numbers. The
The Senate Appropriations Committee's first
statisticians say that by extrapolating from sam-
bill of the year included a rider forbidding any
ples they can make the numbers more accurate,
further expenditure of funds on the adjustment
even if all the people in the new totals won't have
process. In response to administration objections,
been physically counted in the traditional way,
the rider was amended the other day to permit.
Why not, say the jurisdictions and groups that
further work, so long as it didn't lock the process
would benefit-and Democrats, who tend to
in. The fight has thus been put off until later. Our
represent the undercounted groups, tend like-,
own sense is that adjustment is the right thing to
wise to agree that adjustment would be a good
do. We used to have doubts about the adjustment
idea. But others say an adjusted count will always
process; it seems warranted to us now, You
be an artifact, subject to manipulation and un-
balance risks in situations such as this. The
trustworthy; they want to stick to what they call
professionals at the Census Bureau aren't going
hard numbers. Not surprisingly, they include—
to play politics with the numbers, and an adjusted
though they are not limited to-the winners
Census will be more accurate-and more fair.
From Foster Care to Adoption
BOUT 15 YEARS ago, Congress enacted
been abandoned or subjected to abuse, don't look
A
legislation directing states to make reason-
on foster care as a long-term solution. Begin the
able efforts to reunify abused children with
process of terminating parental rights and ar-
their families. The law reflected both a strong
ranging for adoption. Where children under 10
commitment to parental rights and an uninspect-
have been in foster care for 18 of the most recent
ed belief that with help, even the most improba-
24. months. begin making permanent plans for
ble and abusive parents could be counted on to
adoption. Adoption should be considered for all
provide suitable care. That is true in some cases.
children in foster care at 12-month intervals
But the dark secret known to people who work in
instead of every 18 months. States that increase
the field, but seldom honestly acknowledged by
the rate of adoptions from föster care will receive
lawmakers and many others, is that some parents
incentive payments:- $6,000 for every hard-to-
are the worst possible people to care for children.
place child and $4,000 each for others.
Recent news accounts of toddlers beaten to
The bill now being considered offers no magic
death by their fathers, of children abandoned
solution: Not every child in foster care will be
while their mother was out looking for drugs or
adopted. But emphasizing the desirability of that
of youngsters bound, gagged and locked in a
step in certain cases, and setting reasonable
room for 22 hours a day prove the point.
timetables for action, will change the lives of tens
In dealing with some of these horrible cases,
of thousands of children. More adoptions will also
however, states often felt bound by federal law to
better enable social service agencies to manage
continue to try to keep the families together.
the badly overburdened foster care system for
Last week the House took a realistic view of this
the benefit of those children who remain.
problem and passed legislation to clarify the
Overall, the direction of the reform is right.
responsibility of social workers. The bill, which
Parents whose conduct demonstrates an indiffer-
appears headed for Senate passage soon, is not a
ence or hostility to their children should not
reversal of the old policy. But it puts a new and
retain the power to leave them in limbo or
welcome-emphasis on the children who should be
prevent their adoption into loving homes. When
the focus of society's concern.
family reunification is not possible or wise, the
Continue reasonable efforts to reunite families,
rights of parents should be considered but not
the bill directs. But where parents pose a threat
controlling. The well-being of the children should
to the children, get tough. Where a child has
control.
The Washington Post
SATURDAY, MAY 10, 1997
MAY-10-1997 03:24
P.025
05/08/97 THU 02:03 FAX
021
MARY McGRORY
A Chance to Put Children First
A
lot of people In this city profess
Williams allegedly punched the boy,
to be champions of children. Sen.
causing his strangulation. In the other.
Mike DeWine (R-Ohio), an
5-year-old Richard Holmes was bound
earnest, unpretentious. conservative
hand and foot by his father and his
first-termer is the real ching: He is
girlírland, was gagged with duct tape
pushing a bill that gives children a break
and tethered to his bed for some 22
under the infamous Family Reunification
hours. The father had abused him as a
Act that is responsible for so many
baby, but the judge overlooked that and
grotesque returna of children to
the social workers sedulously ignored
dangerous families
the complaints of teachers who reported
"He's a tiger," saya Rep. George
bruises and other evidence of violence.
Miller (O-Calif.) who, with the best
The scene was Montgomery County,
Intentions in the world. sponsored the
which is one of the 10 richest in the
original Family Reunification Act in
country and has unusually well-educated
1980, but who now feels that DeWine's
social workers. An official report
revision is appropriate is a post-crack
exonerated them.
world. He protests his bill is not
DeWine says he doesn't know if his bill
responsible for the injuries and deaths
would have saved Robert and Richard.
that sometimes result, "it's the stupidity
He ia the father of eight, and so pro-child
of people interpreting it."
that he keeps an entire shelf of Dr. Seuss
DeWine's interest goes back to his
books in his office The trouble, as he
days as 0 Junior prosecutor in Ohio.
sees it, is that we as a society have got
Later, as Beutenant governor, be was in
to stop worrying about the parents and
charge of the state's juvenile justice
system. He was appalled by the almost
focus on our kids. We have got to change
the culture. My bill will change attitudes,
casual dispatch of children to bad
I hope. It makes the welfare and salety of
homes. He would ask a social worker
the reason and be told, "We had to, it's
the child the paramount issue. put the
the federal law."
emphasis on saving the child, not the
Actually, the law mandated
family. It will take away any excuse for
"reasonable efforts" to reunify the
social workers or the Judge to fund
family. Reason has long since
automatically in favor of the family."
TheWashington Plost\
THURSDAY, MAY 8, 1997
disappeared from the equation. Social
DeWine's bill recently salled through
workers and judges are so under the
the House as part of the Camp-Kennelly
sway of reunification that they close
Adoption Promotion Act. which passed
their eyes to the history of parents and
by 416 to 6. Its prospects in the Senate,
define a family as a aingle mother on
however, are not brilliant. A competing
crack.
bill, which has large sums for unification
What seems to matter to social
efforts, has preferance Sen. John H.
workers and judges is a compliant
Chafee (R-R.I.) is a co-sponsor of the
stritude. A mother who killed her baby
Safe Adoption and Family Environment
but filled out all her forms correctly,
Act, and he has domain over the
attended perenting classes regularly and
Environment and Public Works
never gave anyone any sauce is in a
Committee. No one wishes to alienate
good way to get a child back. Every
him. He and his co-sponsor, Sen. "Jay"
mother la Mother Machree to some
Rockafeller (D-W,) have let It be
family advocates. Their philosophy
known that they wish their bill to take
seems derived from the headquarters of
precedence over the House measure.
the Hallmark Greeting Card Mother's
"Tintend to be very aggresaive and
Day unit rather than firsthand
obnoxious until I get this done, I don't
observation of total irresponsibility.
know how." says DeWine.
A leading expert on child abuse,
In 8 wall-run world, his views would
Richard Galles of the University of
prevall. He merely asks to give children a
Rhode Island-he is the author of "The
chance to be children, to be watched over
Book of David". the story of a baby killed
and taken care of. But the word "family"ts
by its mother, while child welfare
such a taliaman in U.S. politics that
workers wrung their hands-says that
politicians leap to salute whenever they
social workers like anyone "who Isn't
hear it. But they ought to think of the cost
yelling at them and trying to fdll them.
of putting the burden on children They
They mistake compliance for real
should not have to be sacrificed to polish
change."
the egoe of parents who want society, or
Two recent cases of family
their circle, to think of them as fit parents.
reunification should be raising the
Children shouldn't have to suffer to
capital's consciousness on the Issue.
redeem the reputations of people who
The father of 11-year-old Robert
don't treat them right.
Talking It Over
By Hillary Rodham Clinton
Our foster care system
urgently needs reform
The reality of foster care was
families even when that may
brought home to Bill and me
entail separating them from their
when we met a teen-age boy at
biological parents - should be a
the White House this winter. Bill
priority of our child welfare sys-
asked him where he was from.
tem. Finally, we are recognizing
"Fairfax County," the boy said.
that there are parents who will
When Bill asked where in the
never be able to care for their
county, the boy shrugged and an-
children. And, in order to secure
swered, "All over."
a foster child's well-being and sta-
Because of the complex reg-
ble development, we as a society
ulations, outdated assumptions,
have the responsibility to decide
and understaffed and over-
as quickly as possible whether a
whelmed agencies of our child
child can return home safely.
welfare system, many children
Many of the provisions in the
spend their formative years shut-
House and Senate bills reflect
tling from one foster home to an-
recommendations made in Adop-
other. Today, even children lucky
tion 2002, a report prepared by
enough to find adoptive families
the Department of Health and
will have waited an average of
Human Services in response to
three years or more in a series of
the president's directive to iden-
temporary homes.
tify the barriers to adoption and
But that can change. The Sen-
double the number of children
ate and the House of Represent-
placed annually in permanent
atives are both considering bills
homes by the year 2002.
that will take important steps to-
Over the years, my husband
ward making sure that no child
has dedicated a great deal of time
languishes in foster care.
and energy to improving foster
Currently, a child's case can
care and promoting adoption. As
drag on for years in the foster
a result of the administration's ef-
care system as authorities make
forts, it is now illegal to deny or
repeated attempts to reunite a
delay an adoption simply because
child with his or her biological
the prospective parents and child
are not of the same race. And last
parents. Often these parents, for a
variety of reasons, are unable to
year, the president signed into
change the behavior that caused
law a $5,000 tax credit to help
them to lose their child in the
families adopt children.
first place. If either bill becomes
Federal leadership is crucial,
but it will take the commitment of
law, "reasonable efforts" to re-
turn a child to his or her family
people from all corners of our
would not be required in extreme
country to bring about the
cases such as torture, abandon-
sweeping change our child wel-
ment or physical or sexual abuse.
fare system requires. This week,
The Washington Times
THURSDAY, JUNE 26, 1997
Court hearings to determine the
I'll be speaking at a national con-
placement of a child would be re-
ference on adoption and child
quired within 12 months - in-
welfare reform sponsored by the
stead of the current 18 months
W.K. Kellogg Foundation. The
of his or her arrival in the foster
conference will bring together
business and religious leaders,
care system. To make clear their
purpose, these hearings would be
policy-makers, elected officials,
renamed "permanency planning
judges, child advocates, and fos-
ter and adoptive families to dis-
hearings."
cuss strategies to reduce the
As a children's advocate and
number of waiting children and
lawyer who has represented par-
limit the time a child spends in
ents and children in their strug-
foster care to no more than one
gles with the foster care system
year.
for more than 25 years, I believe
The Kellogg Foundation has
these steps are long overdue. In
been working to reform child
1973, I wrote an article about
welfare systems in 11 states and
children's rights under the law,
localities. Last year alone, the
specifically their rights in family
foundation helped find perma-
situations that pose serious
nent families for 7,000 children.
threats to their health and safety.
This was possible because the
Even a few years ago, some con-
foundation worked with churches
sidered this view controversial.
and mounted aggressive media
Critics suggested that by support-
campaigns to recruit prospective
ing a child's right to a loving fam-
adoptive families. And it helped
ily, I advocated giving govern-
child welfare agencies reform
ment more power to break up
casework procedures, consolidate
biological families and giving
records and modernize data col-
children the right to bring trivial
lection methods so that no child
disputes with their parents —
becomes lost in the system.
such as bedtime or who takes out
Now we must build on their
the garbage - to court.
work. With thousands of children
Thankfully, that erroneous in-
leading transient lives in foster
terpretation of my views has
care, we cannot afford any more
given way to a new bipartisan
delays. We need to encourage
consensus around the idea that
Congress to pass the best adop-
protecting our children from
tion bill possible. Thousands of
harm and working to provide
innocent children are counting on
them with permanent, loving
us.
Business, parties
The plan limits ozone, an ingre-
"As important as the public
dient of smog, to 0.08 parts per {health protections are, equally im-
split over proposal
million, compared with 0.12 parts portant is sensible, reasonable im-
per million now, and makes other plementation," Mrs. Browner said
changes to more accurately mea-
yesterday.
By Lorraine Woellert
AI
sure air quality. The government;
also would regulate microscopic
Industry groups said the fight
THE WASHINGTON TIMES
soot particles that are 1/28th the
against the proposal is just begin-
President Clinton yesterday en-
width of a human hair. Health ex-
ning. "I think you'll see an even
dorsed a sweeping plan to elimi-
perts say these particles become
larger coalition developing as
nate soot and smog that would es-
lodged in the lungs and might be
more and more people understand
more dangerous than larger parti
how bad a decision this is," said
Clinton plan toughens smog rules
tablish the toughest air pollution
standards in U.S. history.
cles already regulated.
Jerry Jasinowski, president of the
Backyard barbecue grills and
National Association of Manufac-
It will be up to states and cities,
lawn mowers might be forbidden
not the EPA, to decide how they
turers. "The standards, if imple-
under the regulations, industry
meet the new standards, whether
mented, would have a devastating
groups say.
restricting utility emissions, car
effect on businesses and jobs.".
Speaking at a family conference
exhaust, or the use of old lawn
in Nashville, Tenn., Mr. Clinton
Warren P. Strobel, traveling with
mowers.
tried to quiet critics by promising
the president in Nashville, contrib-
The move has split nearly every
a flexible, long-term approach to
uted to this article
constituency imaginable, includ-
meeting the new pollution limits.
ing scientists, environmentalists
Reaction from the business
and even local governments; none
community, however, was swift
agree on the need for or impact of
and blunt.
the new regulation.
"It's going to be tragic," said
Many states, particularly those
Harry Alford, president of the Na-
in the Midwest, say the new stan-
tional Black Chamber of Com-
dards will damage economies by
merce. "It's a sad day."
pushing manufacturing compa-
Mr. Clinton acknowledged the
nies, and their jobs, to other coun-
new standards would be "some-
tries where pollution standards
what controversial" but appealed
are less strict. The U.S. Conference
to opponents to hold their crit,
of Mayors opposes the EPA plan.
icism.
But some urban areas, espe-
"Those who have opposed the
cially those along the East Coast,
higher standards, I want to just tell
back the proposal because it would
you, read the implementation
bring Midwestern states under the
schedule, work with us," he said.
same pollution restrictions. Sen.'
"We will find a way to do this in a
Alfonse M. D'Amato, NewYork Re-
way that grows the American
publican, yesterday pledged to re-
see EPA, page A9
sist attempts to delay or weaken
the standards. Rep. John Dingell,
EPA
Michigan Democrat, vowed to
block the new rules.
From page Al
"The administration has chosen
to ignore the legitimate concerns
economy."
expressed by nearly 80 Demo-
He pledged to give states and
cratic members of the House and
businesses time, flexibility and
several of the president's own
technical support to meet the new
Cabinet," Mr. Dingell said.
rules. The health of the nation,
Health groups claimed bipar-
particularly children, is at risk, he
tisan support for their cause and
said.
were confident in their victory.
"We have to keep having a clean
"The public still overwhelm-
environment if we want healthy
ingly supports these standards, de-
children," Mr. Clinton said, noting
spite this multimillion-dollar cam-
the rising incidence of asthma
paign. They know the air is dirty,"
among schoolchildren. "Children
said Paul Billings, deputy director
with asthma don't do very well in
of government relations at the
The Washington Times
THURSDAY, JUNE 26, 1997
school."
American Lung Association.
His announcement follows crit-
He dismissed claims that the
icism at the Group of Seven sum-
regulations would drastically alter
mit in Denver, where Mr. Clinton
the suburban lifestyle as "scare
successfully blocked strong lan-
tactics," saying technological ad-
guage calling for global clean-air
vances will accomplish most of the
standards.
reductions. He noted the introduc-
The proposed U.S. regulations,
tion of clean-burning gasoline and.
which would be the first in a dec-
catalytic converters in recent
ade, have been under fire since No-
years.
vember, when they were first re-
"The public isn't going to see
vealed by Administrator Carol
dramatic changes in the way they
Browner, head of the Environmen-
live," Mr. Billings said. "We're go-
tal Protection Agency.
ing to see incremental changes,
After the regulations are pub.
and technology is going to carry
lished July 19, Congress will have
the day."
60 days to review them, and a bi-
Mrs. Browner said the plan will
partisan group already is working.
focus on electric utility emissions
to derail the proposal. A 1996 law
and will allow areas at least until
designed to cut red tape also per-.
2004 to comply.
mits "aggrieved" businesses or
Because this is the first time the
towns to sue to block the reg-
EPA has tried to regulate soot, the
ulations from taking effect.
agency will spend five years just to
The standard would put hun-
build a system to monitor the fine
dreds of counties and cities, in-
dust. The plan includes an emis-
cluding the Washington region, out'
sions trading program, in which
of compliance with the Clean Air
states that exceed standards would
Act and force states to impose
be able to sell their "pollution
costly controls on emissions.
credits" to other states.
ate struggles to adopt
W system of foster care
heryl Wetzstein
guish."
ASHINGTON TIMES
Critics say children get stuck in
foster care because states and
Committee Democrats have in-
agencies receive per diem pay-
sisted that Republicans provide
their documents without any dele-
Meanwhile, Rep. Gerald Solo-
Kevin Green, a Mississippi teen-
mon, New York Republican and
chairman of the House Rules Com-
mittee, demanded that President
Clinton persuade former Demo-
cratic fund raiser Charlie Yah Lin
Trie to return from China to testify
before Congress.
"How do you explain that the
U.S. government cannot locate
Charles Trie, but Tom Brokaw
can?" Mr. Solomon wrote, refer-
ring to an NBC News interview
with Mr. Trie. In a letter to Mr.
Clinton, Mr. Solomon asked that
Secretary of State Madeleine K.
Albright determine Mr. Trie's loca-
ager who grew up in foster care
ments for each child in care. Un-
and is speaking about it today in
willing to give up the money, they
wrote.
Washington, might have found a
tions.
tion in China.
won't give up the child — at least
permanent home if congressional
for a few years, critics say.
reforms proposed this year were in
In Mr. Green's case, his mother
place during his childhood.
gave him to foster care soon after
But those reforms are now on
he was born prematurely and
hold because lawmakers have
drug-addicted. She would have
"diametrically opposed" ideas
terminated her parental rights
about how to fix the foster-care
anytime, he said, but she didn't do
system, top GOP aides said this
it until he was 16 - well past an
week.
"adoptable" age in many eyes.
Senate Majority Leader Trent
As a result, he grew up in a suc-
Lott, Mississippi Republican, has
cession of foster homes while his
asked senators with competing
social workers tried in vain to re-
ideas to begin forging a consensus
unite him with his mother.
Thompson prods GOP to comply in probe
giving them limited immunity
from prosecution.
Mr. Thompson urged Mr. Nich-
olson to "permanently look into
this matter and ensure that RNC
compliance will be prompt and
Mr. Nicholson wrote Mr.
Last year, he became one of
complete."
Thompson and the ranking com-
mittee Democrat, Sen. John Glenn
of Ohio, on June 11 that the GOP
organization tried to answer com-
mittee concerns.
"Indeed, we invite the commit-
tèe to pose substantive questions
rather than issue inflammatory
comments to the media," he wrote.
Republican attorneys, he added,
bill, his spokesman said this week.
were searching "every file" at Re-
publican headquarters and at a
warehouse in an effort to comply.
Only material "which has no rel-
evance to the committee's inves-
tigation" has been deleted, he
The delay disappoints Republi-
nearly 15,000 children to "age out"
can leaders, who hoped after a
of the foster-care system. He at-
416-5 vote in the House on a foster-
tends classes, works two jobs and
care reform bill to get a quick, de-
lives on his own, thanks to the
cisive and bipartisan "win" on a
moral support he got from one of
family issue by Mother's Day.
his foster families and several
Instead, they watched as the
"independent-living" programs.
House bill was derailed in the Sen-
At 19, he knows that what he got
ate, an industry-supported Senate
from the system wasn't enough. "I
bill strangled on its budget-busting
always really wanted to be adopt-
price tag, and a third closely
ed," said Mr. Green, who will speak
guarded and possibly radical ap-
at a conference sponsored by the
proach developed among Senate
W.K. Kellogg Foundation.
conservatives.
The current cease-fire - the
Members of Congress have been
working all year to pass legislation
Committee, said he wrote the letter
because the Democratic minority
complained that Republicans held
back key information from investi-
The Republican National Com-
first in several months of vigorous
to promote the adoption of foster-
mittee sent Mr. Thompson's panel
several boxes of documents in re-
sponse to a Senate subpoena, but
many of the records contained ma-
jor deletions,
Mr. Thompson wrote the Repub-
lican Party chairman at a time he's
seeking Democratic support to
grant limited immunity to low-
level witnesses in the probe. At
least two Democratic votes are re-
quired for the immunity, which
needs a two-thirds committee ma-
On June 12, Democratic com-
mittee members blocked Mr.
Thompson's initial request to com-
pel testimony from 18 witnesses by
behind-the-scenes discussions -
care children like Mr. Green.
pleases adoption advocates such as
Maureen K. Hogan, executive di-
At the heart of the debate is a
gators.
jority.
rector of Adopt A Special Kid.
national policy that tells social
As evidenced by the court-
workers to make "reasonable ef-
ordered supervision of foster care
forts" to reunite children with
programs in 22 states and the Dis-
their families - a compassionate
trict, "the system is literally in fail-
approach to handle families who
ure, massive systemic failure," she
are only temporarily distressed,
said. "For Congress to do a reform
child welfare advocates say.
that's anything less than a really
The policy has unfortunately
thoughtful approach isn't just irre-
forced too many children back into
sponsible, it's immoral."
unsafe homes, said Reps. Dave
Each year, some 600,000
Camp, Michigan Republican, and
abused, neglected or abandoned
Barbara B. Kennelly, Connecticut
children enter foster care. Most -
Democrat, who sponsored an
Sounding a warning to his own
66 percent - are eventually re-
adoption-promotion bill that
party, the Republican head of the
re-enter the system and "lan-
ASSOCIATED PRESS
Senate campaign-finance inquiry
has told the GOP national chair-
man not to shield "important
facts" from investigators.
In a letter written June 11 and
obtained Wednesday by the Asso-
ciated Press, Sen. Fred Thompson,
Tennessee Republican, demanded
"complete cooperation" by the Re-
"With respect to witnesses, I
turned home, but many repeatedly
passed the House in April with an
publicans.
would also urge you to counsel
your attorneys not to attempt to
shield important facts with broad
and specious assertions of privi-
lege," as others have done, Mr.
Thompson wrote Republican Na-
tional Committee Chairman Jim
Mr. Thompson, chairman of the
Nicholson.
Senate Governmental Affairs
overwhelming vote of 416-5.
The Washington Times
THURSDAY, JUNE 26, 1997
Democrats turn up rhetorical heat as tax, budget votes loom
if Democrats were in the majority,"
hausted the HOPE credit, and
cuts "is one of the most important
or no taxes.
child tax credit to constituents be-
By Patrice Hill
said Senate Minority Leader Tom
adds funds for school construction.
votes that will be taken in this Con-
THE WASHINGTON TIMES
"What we have is a replay of the
fore next year's election. It would
Daschle, South Dakota Democrat.
On capital gains, the Demo-
gress." Meanwhile, House Minor-
last Congress. They are taking
require the Internal Revenue Ser-
House and Senate Democrats
The bipartisan tax bill already
cratic plan dramatically cuts back
ity Whip David E. Bonior led a lib-
care of the biggest corporations in
vice to notify all taxpayers that the
used yesterday's balanced-budget
gives part of a $500-per-child
on breaks enjoyed by wealthier
eral assault on the GOP tax and
this
country
while children
credit is available on Jan. 1, 1998,
debate to sharpen their rhetoric
credit to working-class families
Americans by substituting a 30
budget bills on the House floor.
don't get the necessary health in-
and adjust tax withholding to re-
for the larger battle over tax cuts
that currently zero out their tax
percent exclusion from income for
In a theme that Democrats hope
surance they need and legal immi-
flect the tax cut.
being waged the rest of this week
bills by using the Earned Income
the GOP's dramatic rate reduc-
to amplify in next year's election
grants go without," said Mr. Bon-
in Congress.
Tax Credit. The Democratic plan
tions. It targets maximum capital-
campaigns, Mr. Gephardt, Mis-
ior, Michigan Democrat.
In a second change demanded
Senate Democrats unveiled
would enable them to take the full
gains relief as well as all of its es-
souri Democrat, said the parties'
While Democrats heaped crit-
by legislators from corn-growing
their alternative to the bipartisan
credit, covering an additional 7
tate tax relief on small businesses
differing tax plans "offer a stark
icism on the GOP tax bill, the
regions, House Ways and Means
tax bill pending on the Senate floor,
million children, sponsors say.
and farms.
contrast between the values of Re-
Committee Chairman Bill Archer
House approved some last-minute
cutting taxes by the same net
The Democratic bill provides
In the House, Democrats got a
publicans and Democrats in our
changes, primarily to counter crit-
dropped his plan to accelerate the
amount of $77 billion over five
$41 billion in education tax breaks
head start on today's daylong tax-
approach to helping middle-in-
icism from conservative and farm-
elimination of tax subsidies for
years, but shifting more of the
- more than President Clinton re-
cut debate by using much of yes-
come families."
state Republicans and ensure
ethanol producers. The Texas Re-
benefits from wealthier taxpayers
quested. It pares back Mr. Clin-
terday's balanced-budget debate to
Republicans aim to provide the
near-unanimous GOP support in
publican's proposal would allow
who save and invest to working-
ton's HOPE tuition credit less se-
attack the Republican tax bill.
most tax relief to middle-income
today's vote.
the subsidies to expire as currently
class families who pay no taxes.
verely than the bipartisan bill,
House Minority Leader Richard
families who pay the most in taxes,
scheduled in 2000.
One of the changes would ad-
"It is important that Americans
provides a tuition deduction of 20
A. Gephardt led the charge by pro-
while Democrats target their relief
dress concerns of conservatives
Nancy Roman contributed to this
know what would have been done
percent to people who have ex-
claiming that today's vote on tax
to families who currently pay little
who want to deliver the bill's $400
report.
The Washington Times
THURSDAY, JUNE 26, 1997
MELANNE VERVEER
Rochefellar for Am. cas
MELANNE VERVEER
- had no charce
to
Cap on adm cop -
- Ohedeaut process
realth 7 family preserv's
beaching house sell forcing
+ $ fn one services
true negatiations
would have and
pubstitute
no energe but up
his comment not real
down on house being
fott sunendered
then Craig, Chaffer
Roch, De wron
file adoption —
Conts + Denise
report to
Dord
off set - cost welfore allocation reform b. grant idea
—
file
adoption
Families
forKids
Arizona - Pima County, Kansas, Northeast Ohio, Massachusetts, Michigan - Kent County,
Mississippi, Montana, New York City, North Carolina, South Carolina, Washington
July/August 1997
On June 25 and 26, nearly 250 key national, state, and local leaders gathered
in Washington, DC, for a foster care and adoption policy conference, Policy
Perspectives on Permanency, hosted by the W.K Kellogg Foundation as part
of the Families for Kids Initiative (FFK). The goal of the conference was to focus
national attention upon the critical issue of waiting children and create a sense
of urgency about their plight that would compel action and systemic change at
all levels. The conference provided opportunities for FFK to leverage
sustainability efforts; communicate with broader audiences about FFK and
children in foster care waiting for permanent homes; sustain the adoption reform
momentum generated over the last two years; and engage federal, state, and
local policymakers in exchanging solutions and perspectives.
First Lady Hillary Rodham Clinton, Kansas Governor Bill Graves and First Lady
Linda Graves, and New York City Mayor Rudolph Giuliani were among the
W.K.KELLOGG
keynote speakers who presented their perspectives on solutions and systems
FOUNDATION
changes. Other national, state, and local advocates from across the United
One Michigan
States, as well as adoptive families, brought their first-hand experiences to the
Avenue East
discussion. The audience included leaders from religious groups, child
Battle Creek, MI
advocates, community activists, top child welfare administrators, the judiciary,
49017-4058
state and local elected officials, and Congress.
USA
616-968-1611
First Lady Hillary Rodham Clinton noted that the conference could not have
100 on site
Telex: 4953028
been more timely given that federal policymakers are forging a bipartisan
Facsimile: 616-968-0413
coalition on some crucial child welfare issues that put the country "within reach
of bringing common sense to the overburdened and outdated foster care
system." She emphasized the need to recognize and work harder to reduce the
disproportionate representation of children of color within the foster care system
and to redefine reasonable efforts and offer financial incentives to those
interested in adopting children, especially special needs children, from the public
To help people
system. Underscoring the President's commitment that no child should be
help themselves
through the practical
deprived of a safe and permanent home for longer than necessary, she
application of knowledge
summarized current efforts to highlight successful strategies; breakdown
and resources to improve
financial and other resource barriers to permanency; and make tax credits
their quality of lite and
that of future generations
available for adoptive parents. Mrs. Clinton offered support and gratitude to FFK
for its commitment and leadership in reform efforts.
- more -
AUG 22, 1997 4:10PM #818 P.01
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FFK Successes and Challenges, Page 2
Members of Congress speak up.
The conference's plenary and breakout sessions on
June 26 were preceded by a reception and dinner on the evening of June 25 featuring
federal policymakers who shared their perspectives on child welfare reform. Senator Mike
DeWine (R-OH), Congressman Dave Camp (R-MI), Congresswoman Barbara Kennelly (D-
CT), Congresswoman Carolyn Maloney (D-NY), and Olivia Golden from the Department of
Health and Human Services emphasized the importance of both Republicans and
Democrats working together to reform the system and were hopeful that Congress would
act this year on legislative reforms. In the opening prayer, Judge Julian Pinkham, Yakima
Nation Tribal Court judge and spiritual leader, urged participants to protect the health and
well-being of children in foster care.
Envisioning change. On June 26, Dr. Valora Washington of the W.K. Kellogg
Foundation opened the conference, calling it a clarion on behalf of waiting kids as well as an
opportunity for conferees to share what they know about what works. "Increasing the
chances of permanency for children drifting in the system requires new potential allies to
elevate the dream of change above the intimidating presence of things as they are," said Dr.
Washington. "This is what FFK reformers have succeeded in doing and what all reformers
must do if we are to enact what 25 years of research has already taught us about children's
needs and proven systems solutions."
Through the eyes of children and youth. To underscore the urgency of the issue, the
opening speakers were veterans of child welfare systems that failed to find permanent
homes for them. Shane Salter, who is currently the deputy director of For Love of Children
in Washington, DC, spoke about his experiences in nine foster homes, two group homes,
and an orphanage before he "aged out" of the system. Mr. Salter was followed by Kevin
Green, a member of the Mississippi SUN (Speak Up Now) Team, who told his story of his
foster care placements. He indicated that his FFK advocacy work as part of the SUN team
was helping fill a hole in his heart as a result of being without a family. "Why we turn our
backs on kids, I don't know," Mr. Green said.
Community visioning, community leadership.
Judge
William
Byars,
Jr.,
Fifth
Circuit
Family Court Judge in Kershaw County, S.C., spoke to the participants about the paradigm
shift needed, including in the court system, to "see the system through the eyes of a child."
He has been an acknowledged leader in South Carolina's legal reform movement, which
has embraced family preservation, emphasized permanency, supported kinship care,
increased terminations of parental rights by a factor of 10, and increased adoptions by a
factor of six.
State perspectives on permanency. Kansas Governor Bill Graves and Mrs. Linda
Graves, adoptive parents themselves, shared with the audience Kansas' approach to
reform. The change process had three immediate goals: above all, to protect kids; to focus
on outcomes, not social service process; and to deliver services more effectively. Kansas
pursued these goals by privatizing the bulk of their child welfare services, the first state in
the nation to do so. He stated that the initial results of this approach are encouraging, with
fewer children entering foster care each year, more children returning home, children
staying in foster care for shorter periods of time, and reunified families remaining together
longer.
more -
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Achieving permanency: What we must do. A panel of child welfare commissioners
shared their philosophies and strategies for improving the foster care and child welfare
systems. Nicholas Scoppetta, commissioner of New York City's Administration for
Children's Services, talked about several of their strategies that have steadily increased the
number of adoptions since 1994. A new focus on permanency and adoption and the
support of key members of the judiciary are among the factors of their success. Donna
Starr, president of the Native American Commission on Children and Families in
Washington state and a member of the Muckleshoot Tribe, emphasized that tribal people do
not believe in severing their blood ties (as is often the case in the mainstream formal
adoption process); instead, they favor using guardianships, relying upon open adoptions as
a last resort. Jim Clarke, state director of the South Carolina Department of Social Services,
stressed improving the management of systems serving children. Kevin Fitzgerald, director
of the North Carolina Division of Social Services, cited the success of North Carolina's eight
"FFK counties" in outperforming all other counties in terms of increasing adoption rates and
stabilizing expenditures. JoAnn Lawer, deputy secretary for the Office of Children, Youth
and Families in Pennsylvania, discussed her agency's collaborative efforts with the Annie E.
Casey Foundation's Family to Family initiative to develop reliable data on children in the
foster care system. Marva Hammonds, director of the Michigan Family Independence
Agency noted several positive developments throughout the state, including legislative
initiatives that would require legal personnel to recognize a child's sense of time.
The FFK Mandate: Reduce the backlog and change the system. Thursday's
luncheon featured Mayor Rudolph Giuliani speaking about New York City's approach to
reducing the backlog of kids waiting to be adopted and reforming the child welfare system
so that it serves children and families better. He spoke about the need for the agency to
shift from a culture of unaccountability to one of accountability in order for it to effectively
protect children. He also emphasized that local governments, particularly city governments,
are in the best position to help kids and families because they are the closest to their
problems and their needs.
Implementing change: Conversations about permanency.
In
the
afternoon,
the
conference divided into five breakout sessions to allow participants to engage in concrete
discussion about various aspects of reform.
Taking action to achieve permanency for kids.
This session explored putting state
policy and legislative frameworks in place by addressing issues such as reasonable efforts,
court management, and enforcement of timeframes and permanency options in statute and
policy. The panel featured Mark Hardin, director of Child Welfare at the American Bar
Association, Center on Children and the Law in Washington, D.C.; Cassie Bevan, staff
professional assistant to the U.S. House of Representatives Committee on Ways and
Means, Subcommittee on Human Resources in Washington, D.C.; Barbara Pryor, legislative
assistant to Senator John D. Rockefeller (D-WV) in Washington, D.C.; and Judy McKenzie,
executive director of the Spaulding Center for Children in Detroit, Michigan.
Building blocks for permanence addressed the question of whether the movement to
restructure or privatize child welfare services will ensure permanency for children. The
session included discussions of public and private sector roles, the need for integrated
children's services and the implications of managed care, Teresa Markowitz, commissioner
of Children and Families in Kansas, Karabelle Pizzigati, the director of public policy at the
- more -
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FFK Successes and Challenges, Page 4
Child Welfare League of America, Gary Crow, executive director of Lorraine County
Children's Services in Ohio, and Michael Weekes, deputy commissioner of quality
management and program development in Massachusetts lead the discussion.
Funding mechanisms for outcome-based systems looked at innovative alternatives that
address the reduction of mainstream funding and how states are developing new resources.
The panel included Isaac Palmer, deputy commissioner for the Ohio Department of Human
Services; Fred Wulzcyn, Chapin Hall Center for Children at the University of Chicago;
Chuck Harris, chief of the Children's Services Section in North Carolina; and MaryLee Allen,
senior public policy director at the Children's Defense Fund in Washington, DC. The
panelists and participants discussed managed care, outcome-based contracts, and new
approaches to IV-E & IV-B federal funding waivers, among other issues.
Promising practice solutions: Early Interventions highlighted innovative solutions that
include intervention before removing children from their families; reducing foster care drift;
and identifying critical cultural issues. Some of the programs designed to achieve this
include kinship care models, concurrent planning, family decision-making conferences, and
family advocacy. This session was led by Linda Katz, program director at the Lutheran
Social Services of Washington and Idaho; Veneese Chandler, executive director of the
Family Outreach Center in Grand Rapids, Michigan; and Ernesto Loperena, executive
director of the New York Council on Adoptable Children in New York City.
Promising practice solutions: "The Backlog Blitz". "How best can we achieve the
outcome of moving children into permanent families?" was the central question in this
session. A panel including Ruth Amerson, executive director of Another Choice for Black
Children in Sanford, N.C., Polly Pfeuffer, a permanency planning specialist for Arizona
Families for Kids in Tucson, and Kim Stevens, family advocacy coordinator for
Massachusetts FFK in Boston shared their successful approaches to increasing the number
of children who find permanent homes.
For more Information. Complete summary highlights of Families for Kids national policy
conference. Policy Perspectives on Permanency, will be available in early September from
the W.K. Kellogg Foundation at 800/819-9997. Visit the W.K. Kellogg Foundation web site
at www.wkkf.org for a press release on the conference and press kit including several
downloadable publications and fact sheets on FFK. Go to the "Newsroom" in the
"Resources" section of the web site, and click on "Adoption Reform Conferences."
Successes and Challenges is a monthly fax providing information about the W.K. Kellogg
Foundation's Families for Kids Initiative. We have recently added the participants in the
African American Leadership Summit and national adoption policy conference, Policy
Perspectives on Permanency, to the distribution list. If you have moved, changed your fax
number or do not want to be on our distribution list, please contact us by phone:
202/326-8713, fax: 202/682-2154, or e-mail: [email protected]. Thank you.
###
Prepared by the Communications Consortium Media Center, 1200 New York Avenue, NW, Suite 300, Washington,
DC 20005. We welcome your comments, questions or suggestions.
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Gold-Fax
file Message D. adaption Page 5. 002
2/6
Sixch Floor
1250 H Street, N.W.
Washington. D.C.
20005-3908
(202) 737-4700
FAX (202) 626-3471
D.C. BAR PUBLIC SERVICE ACTIVITIES CORPORATION
September 16, 1997
MEMORANDUM
TO:
Members, Task Force on Children At Risk
FROM:
Noël Brennan
Theresa Mihalik
Thank you for your contribution to a good opening discussion of issues surrounding children in
the neglect system. As D.C. Bar President Carolyn Lamm indicated in her remarks, our charge is
to:
Develop a project (or couple of projects) involving lawyers in our bar to help provide
representation to affected parties & help reduce the backlog in processing adoptions and;
Identify a couple of other reform and/or systemic issue areas and the appropriate role for
the Task Force to effectively address them.
It was clear from your comments that each of you has thought a great deal about these issues and
we have attempted to capture a number of these ideas/concerms/issues below:
Lots of people/committees etc. have and are looking at these issues. They have
been effective in varying degrees. We need to set some limits on ourselves and
identify a small number of realistic projects/issues to tackle and then see where Wc
are.
Any efforts must be balanced in approach. Adoption and reunification must each
be considered as an alternative.
Adequate representation is needed for all parties.
Welfare reform changes add burdens to custodial parents.
For the court to do its job, kinship alternatives need to be thoroughly
explored. DHS social workers need adequate training regarding their roles
and responsibilities.
In nearly all cases of reunification, substance abuse must be addressed yet
inadequate treatment resources exist in our community.
09/26/97 FRI 10:06 FAX 202 514 7805
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Housing and employment can be issues in reunification.
Brokering needs to occur between D. C. Housing Authority and DHS to
help alleviate this barrier to reunification.
Where cases are set for trial, the waiting time needs to be shortened.
What are the issues related to Court procedures that may need
improvement?
The current state of the adoption laws and procedures in the District of
Columbia are not "user friendly" particularly in the are of foreign adoptions.
DHS is currently revamping its approach to subsidy awards, and the District
of Columbia is without regulations.
The Task Force should draw in others / groups, where it makes sense, who have
worked in this area.
We have asked Diane Weinroth and Harvey Schweitzer to prepare a list of the entities currently in
place and providing legal services. Jeanne Jones has agreed to follow up with Diane and Harvey
to help pull these materials together. We will provide you with the list as soon as it is compiled. It
is our hope that this list will help identify some of the gaps in the services that are being provided.
The goal of the projects that develop from this Task Force is to bridge some of those gaps in the
provision of services in particular.
Potential Projects Involving D.C. Bar PSAC and Pro Bono Assistance
Since the D.C. Bar will be developing a project for lawyers, we'd like your help in identifying
some ideas for Maureen and Jeanne to explore. Here are a few thoughts for potential projects.
PSAC training project for lawyers doing pro bono adoption cases (what training
currently exists? What else is needed?)
PSAC recruitment effort with law firms to place lawyers in Office of the
Corporation Counsel to terminate parental rights where adoption is the goal (can
OCC absorb this help? Could this be accomplished with a few phone calls from
Carolyn Lamm?)
PSAC project to recruit and train pro bono lawyers to serve as system
advocates/court advocates to represent children, birth mothers / putative fathers,
etc. in adoption proceedings-contested and uncontested. (What would such a
project cost and how would it be managed?) Such representation would include
representation to help obtain housing. Can PSAC's current mentoring clinic be
expanded to include adoption cases and provide representation to all parties?
2
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A pro se project to develop pleadings and handouts for the clerk's office.
A project to produce a videotape on pro se adoption. (How much would this
cost?)
A project to develop recommendations to the Court as to how its procedures can
be improved.
Issues/Roles for Task Force in Addressing Systems Issues
The more challenging opportunity for our Task Force relates to the role we can play in
identifying some modest goals and topics towards broader reform. In reviewing our discussion,
there are a myriad of topics/issues, any one of which is a huge undertaking (e.g., the drafting of
regulations, including but not limited to regulations governing subsidies). I hope each of you will
come to our next meeting with one idea for us to pursue, either from this list or from your own
experience. After discussing the topics, we need to make a decision on which 1 or 2 to pursue. To
the extent we hope it will be helpful, I believe we can get the assistance of a number of federal
agencies, e.g., HHS, HUD to focus attention and resources on the issue of adoption/unification in
our community.
Jeanne Jones has provided here a list of Task Force members and phone numbers.
The date of our next meeting needs to be changed to September 30 at 5:00 p.m. in Judge
Burnett's jury room, # 415 (on the Fourth Floor of D.C. Superior Court, 500 Indiana Ave.,
N.W.). We apologize for any inconvenience and we look forward to seeing you. In the meantime
please feel free to call either of us with issues and ideas.
Thank you.
3
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THE DISTRICT OF COLUMBIA BAR
TASK FORCE ON ADOPTION
(Special)
Created June 17, 1997
Appointments September 1997
Chalrpersons
NOEL ANN BRENNAN
THERESA M. MIHALIK
U.S. Department of Justice
Kuder, Smollar & Friedman, P.C.
OJP-OAAG Room 6400
1925 K Street, N.W.
810 7th Street, N.W.
Room 200
Washington, D.C. 20531
Washington, D.C. 20006
307-5933 Fax: 514-7805
331-7522 Fax: 331-0388
Members
HON. ARTHUR L. BURNETT SR.
Washington, D.C. 20008
Superior Court of the District
362-7602 fax: 727-2132
of Columbia
500 Indiana Avenue, N.W.
KALA SHAH
Washington, D.C. 20001
Sherman, Meehan, Curtin & Ain
879-4883 fax: 879-0133
1900 M Street, N.W.- Suite 600
Washington, D.C. 20036
HON. JUDITH BARTNOFF
530-3300 fax: 296-1529
Superior Court of the District
of Columbia
LESLIE SCHERR
500 Indiana Avenue, N.W.
Seymour& Scherr, PLLC
Washington, D.C. 20001
815 Connecticut Avenue, N.W.
879-1988 fax: 879-0171
Suite 500
Washington, D.C. 20005
SUSAN M. HOFFMAN
833-5555 fax: 828-5393
Crowell & Moring
1001 Pennsylvania Avenue, N.W.
HARVEY SCHWEITZER
Washington, D.C. 20004
5409 Glenwood Road
624-2591 fax: 628-5116
Bethesda, Maryland 20817
547-1840 fax: 547-1857
DEBORAH Y. LUXENBERG
(301) 656-2775
Luxenberg & Johnson
1244 19th Street, N.W. -3rd Floor
Washington, D.C. 20036
265-3340 fax: 265-0101
MELISSA G. REINBERG
Legal Aid Society
666 11th Street, N.W.- #800
4
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-2-
TASK FORCE ON ADOPTION CONT'D.
DIANE WEINROTH
JEANNE JONES
1727 Church Street, N.W.
The District of Columbia Bar
Washington, D.C. 20036
Public Services Activities Corporation
232-2083 / 274-4155
1250 H Street, N.W.
fax: 274-0659
Washington, D.C. 20005
737-4700 Ext. 295
HON. JOAN ZELDON
Fax: 626-3471
Superior Court of the District
of Columbia
500 Indiana Avenue, N.W.
Washington, D.C. 20001
879-1590 fax: 879-0137
Ex-Officlo
CAROLYN B. LAMM
White & Case
601 13th Street, N.W. #600 South
Washington, D.C. 20005
626-3600 Fax: 639-9355
ANDREW H. MARKS
Crowell & Moring
1001 Pennsylvania Avenue, N.W.
10th Floor North Tower
Washington, D.C. 20004
624-2920 Fax: 628-5116
Staff Llalsons
MAUREEN THORNTON SYRACUSE
The District of Columbia Bar
Public Service Activities Corporation
1250 H Street, N.W. - 6th Floor
Washington, D.C. 20005
737-4700 Ext. 290
Fax: 626-3471
5
Thursday, June 6, 1996
Upper Des Moines
Kossuth County, lowa
Algona Founder
Asa C. an
Ambrose A. Cal
Now In Its 145th Year
July 185
0A46 DANTON DAILYNEWS MODIA SERVICER
NO, NO 1188 DON'T
ADOPT ME III I
DON'T WANT TO BE
SUBPOENAED!
NURSERY
PHOTOCOPY
PRESERVATION
Sep-02-97 02:15P JOHN F. YARBROUGH
212 724 7465
P.02
fleadation
JOHN F. YARBROUGH
124 West 73rd Street, #7 New York, NY 10023
Phone 212.724.7465 Fax 212.875.1440
September 2, 1997
Ms. Melanne Verveer
Chief of Staff
First Lady Hillary Clinton
The White House
Washington, DC
Dear Ms. Verveer:
I am writing an article about Birthright, the newly formed adoption activist
group whose founding members include Isabella Rossellini. You met with founders
Shirley Kirshbaum and Phyllis LaBella last month in Washington, and 1 was hoping
I could talk to you briefly for the article, which I am submitting to the New York
Times Living section this week.
Your thoughts about the group's potential, the climate in Washington on
adoption issues, as well as the First Lady and the President's passsion regarding
adoption issues, would be helpful to the article.
I am faxing to you several of my clips. My work has appeared in George, the
Washington Post, Los Angeles Times, and elsewhere. Also, I worked for several
years on Capitol Hill for Congresswoman Nancy Pelosi, and worked for the 1993
Presidential Inaugural Committee.
Thank you for your consideration, and I hope to talk with you soon.
Best wishes,
John F. 7. your Yarbrough
Sep-02-97 02:16P JOHN F. YARBROUGH
212 724 7465
P.03
DALLAS LIFE MAGAZINE
The Dallas Morning News
NU STRATION: DAVID POVILATE
T appoinument with my neurolo-
Why
times 2 year.
began like those before il, in
Epilepaty is a neurological disorder that encompasses
same kind of waiting room I
increasingly second point-
I Chose
30 types of seizures, ranging from 10. second saring
known for years Going to the
spells ID convulsive mado lasing minutes. The spells
that I had. called complex partial secures, CREE # person
almost every transmers open
to move similarly around. P through Up-smacking or
had been exhaused and bas-
chewing modors and start off for about 2 minure. Half
had long ago become a rt.
the class of epilepsy are like azine - there is 00 trace
minder of what was wrong with are,
able cause. Among the rest. some of the DOR frequent
not 4 symbol of hope. But this time I had come as a
s 1 can time brain surgery," 1 rold my doctor
Brain
cluses are head injuries, high fevers is infancy or difficul-
patient who aggressively wanted 2 change. "I wark to sec
tics during birth About two million Americans have tpi-
lepay, many of whom are able to control their scinures
That was how. nearly three years ago. I decided to
through medicarion or chose whose scizures can't be
accively combat my epilepsy Since 1967. when an ambu-
controlled, only about 100,000 are suitable for surgery.
lance had rushed me to Children's Medical Center during
Due 10 the small number of centers that perform the sur-
any first seizure. epileptic spells bad thrown mc into
say and the relucance of many neurologise and physi-
Rtates in which I was totally obtivious to what
was going on around roc. I had spens my whole life sad-
died with the feeling that this disorder had denied me the
Surgery
cans 10 recommend it. the number who acually undergo
it ad year is even smaller. between 500 and 1,000.
Patients can expect a minimum price of 225,000.
kind of life that everyone else enjoyed. At 23. with my
Much of what I first learned about the surgery CHIC
undergraduate degree in hand and the biggest part of my
life ahead of me. 1 wanted 10 Aght back
through day volunteer work for the Dallas Epilepsy Associ-
stion is the all of 1986, and through doctors M the epi.
And that is what 1 did Last July. I had part of my brain
removed * the University of California If Los Angeles
One man's battle
tepsy ureatmers center M Parkland Mcmorial Hospital.
Medical Center. one of the premier surgery central for
When I decided to pursue surgery, though, to inidally
against epilepsy
thought I should have h including my ocurologist,
epilepsy in the world The procedure may have ended my
epilepsy in the 10 months since. I have DOI had 3 seizure
physician and parents. My episodes were toinor compared
- before the surgery they were occurring as other 25 100
By John F. Yarbrough
10 chose of DOR parients who pursue surgery, many of
whom have ronic-clonic seizures in which the encire
Sep-02-97 02:16P JOHN F. YARBROUGH
212 724 7465
P.04
body stakes Most of the were 1 looked
B) brain art put 10 sleep There were
normal and talked normally To those
countess tests MRI sars. CAT scans.
around me. 1 was aniculate and seemed
PET scare. * pneumoencephalogram and
10 handle my handicap mrch case 1 had
$ and angiogram And some of # was
graduared from Tulanc University and
tak? Before the piece of the Chusing
#25 working loward a master's at
seizures could be removed. H fun had 10
Nontrassem why did I need surgery'
be locard In order to get the clearent
what most people couldn I perceive.
rading of my brain are during the
though was the hidden impact of ept.
second phase of resung doctors tm.
lepsy Throughout my life. I had been
planted 14 thin electrode needles -
corning out or seizures only to confront
depth ciecudes - lato my brain. a pro.
something worse: The stares of both
cedure that Itse Involved surgery.
fnends and strangers My entire team
Bur for me. the roost difficult part was
would look It mc, bewildered because I
the monotonous process of having my
had run out of bounds with the ball; st
seizures recorded by the EEG. Whb rpi-
parties I would suddenly find myself the
lepsy, you cannot make yourself have
object of anention of a whole room, or,
seizures, then go our to lunch and come
during puberty. I would discover other
back later for more testing I bad to
students in class looking as me after I
spend six weeks lying in bed so the any
wer my pants during 8 seizure. It was a
spells could be monitored; during the
smuggle 10 explain my behavior - why
depth-clecurade testing I was surapped 10
1 walked razy with your brielcase. or
the bed. Overall. I had about 10 scirures.
why I poured my drink on your food.
and alrogether. they probably basted DO
But my desire for change went be-
more chan 10 minutes.
yond that. I was also afraid of being de.
pendent on others for the rest of my life.
Because my disorder had kept me from
driving. friends and family often had to
I
n the fall of 1987. I almost
changed my mind The doctors
help me ges around. No manes how Inde-
told me I would have 10 80
pendent 1 strove to be - and in fact I
through the depth-electrade KR.
probably became more self-reliant than
ing I had hoped to svoid this and
my friends who drove - there was N.
80 straight to the final surgery. 25
ways the feeling of dependency.
a fourth of all patients do. The depth
I was someone who needed to be
electrodes, which are implaned for
cared for.
weeks. are scrually riskier than the final
surgery. To the, this was I sudden Not-
back
R
com 453r announced the
But the trepidation I felt WOR beyond
hall increase on the van
the depth electrodes: For the first time I
epilepsy ward. "Seiture in
WIS scared of the whole Idea. So for, ev-
room 453!" Suddenly, three
erything had been safe and easy. and It
nurses burried into the
had always been uncertain whether I
room, gathered around try
would get to the riskier phases of the
bed and barraged the with the usual
program. Now things were different. It
questions. "What b your name? Where
WZ5 frightening the this decision made
are you? Who is the president of the
with such hope could Instead hurt Ex.
United Scaresh All were ways of gauging
M) head throbbed just thinking about it.
the extent to which the seizure was If.
The chances of something going
fecting me. The seizure W25 also being
arong. although less than I percent,
videotaped by VCR cameras and recorded
were substantial. The brain b 2 sensitive
by an elecuroencephalograph (EEG),
organ, and hundreds of things could hap-
which would be marked for the doctors
pco. including death I DUR have walked
10 review later.
around my back yard a hundred times.
This W23 a typical seene in the UCLA
rethinking what before had seemed so re.
epilepsy ward. where I spent weeks bav-
solved.
ing my scitures monitored during TRD
When 1 look back on those doubtful
testing plases, one in the submet of
moments, sometimes I wonder how 1 had
1987 and the other in the spring of
the courage to continue. It secres so in-
1988. Alchough epilepsy surgery has
credible. But chen, after 1 morden. I e.
been available since it 1675 first per-
mind myself. Frustration may have given
formed in England in 1886. advance-
me the desire for surgery. but k could
ments over the past 30 years -
have never given me the surength to face
pioneered at the Monucal Neurological
R. My family understood and gave me
Insure - have helped epilepsy spe.
that strength - they didn't show that
cialiso locate seizure-causing areas of
they were frightened even though they
the brain more preciscly than ever be.
were. And that reinforcement kept my
fore. While at L'CIA I went through the
fear from surfacing Alone, I not only
most intense examination imaginable.
would have backed our before the depth
Electrodes were glued on my head and
electrodes, I wouldn't have gotten a
put inside my head. tubes were navigated
UCIA in the first place.
through my body. needles were stuck
Taking their support with me. I went
into my prw. and entire hernispheres of
back TO California and completed the
Sep-02-97 02:16P JOHN F. YARBROUGH
212 724 7465
P.05
Texas Treatment Options
E
pliepsy surgery has been svail-
able to Dates since 1985 a
medicines don't work with Surgery
holds a hope for better control."-
Parkland Memorial Hospital. A
Wishin the last you. the program
part of the hospital's Epilepsy
has expanded to include nearby Od.
Treatment Center, the surgery program
is one of only - to Texas - the
dren's Medical Center. Patients are put
through intensive evaluation, using as
other is through the Baylor College of
eircaroencephalograph. slong with
Medicine M The Methodist Hospital in
other sexu. Initially, only scalp clec-
Houston During the pax 3½ years, the
trodes are used to record setzures, but
program has bad 70 surgery parients,
w more information is needed. patients
and 70 percent have become sehure
undergo more Invastive sesting. The
free.
program recently began uning a SPICT
"The surgery adds a whole new at
scanner, which helps find seizure point
a to treatment," says Dr. Robert
of origin by examining blood Bow in
LeRoy. director of the Epilepsy Treas-
the boin.
SICTE Center and assistance professor of
A staff of 25 runs the surgery pro-
neurology M the University of Texas
gram: the program also has bad the ac-
Southwestern Medical Center at Dallas.
tive pardicipation of the aenrology and
"The fact is that there are probably 15
Deurosurgery departments m South-
percent of adults with epilepsy that
western Medical Center.
-J.F.Y.
depth-elecurode searing. It confirmed
y eyes opened. I
what the doctors had long suspected: My
surgery would be an anterior temporal
procedure for epilepsy. one with a very
M
looked around what
seemed w be a busy
lobecromy. the FOR common surgical
room. 1 heard voices
talking mechines run-
high success rate. or all those who had
ning and strange beep-
had the same type of surgery M UCIA to
tog My head
the 30 years before me, 98 percent had
hurt. A DATE walked over to M. and I
experienced some improvement in their
looked up at her and opened my mouth
seinwe control. or those, 75 percent re-
"Ate I OK*
mained on their medication and were
I heard seyself any those words and
seizure-tree for long periods of time; 20
heard the sunc's positive response. I
percent were completely selzure-free for
was alive. My legs and - moved, and I
life and able to stop medication; and 3
could ace and talk I - had enough
percent experienced a lower seizure rate
energy to) reach over to seal some kr to
bur never were - entire year whole a
moisten my dry mouth 8 that first
scizure. The remaining 2 percens showed
blurred day after surgery, in the middle
no improvement to scizure coorrol.
of 2 busiling intensive care work, this -
A number of facion ande may surgery
all ches mattered to mc The prospect
afe. The first was the my seizures were
the I might be free of setzures - $
coming from a part of my brain DO bigger
ficeting thought.
than $ quarter. Second, the area causing
Who was impossible to Imagine -
seizures was locared in any right tempo-
how the removal of the piece of conex
a lobe. Two of the lobe's usu! jobs are
would so redically change my Life. I had
to assist with non-verbal memory and the
always wanted to stop my epflegary, M
senses of hearing, smell and taste, but k's
always issumed the my life would be
also an NYCL as close to any visa! func-
bener without kg but I had never acto-
tions of my brain and early accessible to
ally pondered how my life would
the ocurosurgeon. LEX. the affected part
change. That k why my Life now is so
was not on my language dominant side.
incredible that at times tr's like a dream
Change pm one of those factors and the
Having gone the past nine months
surgery would have been riskler and per-
without a seture, I have become a more
haps imposible.
confiderx person. I feel I can any or do
I checked into the UCIA DEUTORS-
anything, with ocw acqualorances and
gery ward July 27. 1988, a day before my
old friends. And I'm much more relaxed.
operation. Strangely, during that day and
less sensitive than before. No longer is
evening I was not really afraid, nor did I
there this feeling the I have to prove
ponder the possibility of how wonderful
something.
Life ahead might be: The biggest obam-
Despite the bck of schures to due,
do had already been overcome, and
there is still another step to be taken be-
thinking about & glorious future seemed
fore the surgery's success is fully real-
premarure. k was sort or Issue the open-
tred. The step, which will occur some-
ing night of a play. where the actor, hav.
time in the next year if I continue
ing persevered through tryours. rehears-
scizure-free. is for me to go completely
als and moments of indecision, knows be
off my medication. In doing so, I may
is ready to perform - but be doesn't
continue to be free of setzures and may
dare predict what the critics will any.
never have to take medicine again.
Sep-02-97 02:16P JOHN F. YARBROUGH
212 724 7465
P.06
if the seizures resure. ay first reaction
will probably be anger. I did BOX intend to
no 95 yards and F tackled just before the
end zone. I wanted, and will was, all scal)-
blances of the disorder removed forever.
The is how, down deep. 1 feel. But ay
immediate anger toward maying DD medicine,
if chec is the case. would subside. I would
realize just how wonderful no outcome the
surgery had, CVCD If the outcome didn't also
include doing away with medication. Be-
cently, something happened the made Inc
feel ashamed for worrying about all of this. I
learned the one of my UCLA roommetes died
in a come following turgery. I was shocked
and scared. The danger of months ago,
strangely, was never more real to me dep X
that moment. And the fact that his death had
occured more then n year ago didn't matter.
He had been any friend. in the months since
my surgery I had allowed uryself to feel so
good, so wonderfully optimistic, the his
death seemed beyond belief.
After hanging up the phone, 1 walked into
the kitchen and told try mother wher had hap-
pened. We just stood there together silently.
listening to the bum of the refrigeramor. For
the longest moment we didn't even look =
each other. Then suddenly a sound came from
my mother. I can't remember whether it WE a
moun or cry, but k come just = she cleared
her throat to speak.
"To more scared now than I was when
you were going through the she mid.
"So am I." I said. "So am 1."
T
be packing loss at NorthPark
shopping center are virually
empty of traffic on Sunday
mornings. k makes a wonder-
ful place for a facher to teach
his son how no drive. The I
will be able so get a driver's Home be given
my dad and me the chance 10 make up for
something WC missed 10 years ago.
"When you come to a three-way stop Hike
chis, you have the right of way because you
are on the through sureet," my dad arys x we
approach the stop sign. His voice bes the
same inflection k probably had when he
showed the how w bk 8 beschall. or when he
told me to seand up for myself M school.
"And since you for here before the or
coming noward m. you have the right of may
over him, too," be add
I pax my foot on the - RED the wheel ID
the left, make 1 slow but confident tran. Half.
way down the road I realtze that 1 have had
the wrong blinker on the whole time. My dad
chuckles. k wasn't a left turn worth bragging
about, but k was a good start.
John F. Yarbrough b a Dallas based uriter.
The Washington Post
A WEEKLY JOURNAL OF MEDICINE,
OVERNIGHT SHIFTS
A psychiatry resident recounts
INFANT FORMULA
his final night on call
9
Pediatricians rankled by
television ads
6
TEALTH
CANCER THERAPIES
A physician's advice
15
JUVENILE DIABETES
Rate 15 rising in Europe
7
LABELING FRUIT JUICES
FDA's now proposal
16
SPINAL CORD INJURY
New drug shows promise
8
AVOIDING TICKS For kids
18
SCIENCE AND SOCIETY
WHEN THE NEAREST DOCTOR
IS ACROSS THE CHESAPEAKE BAY
Sep-02-97 02:18P JOHN F. YARBROUGH
212 724 7465
DENTET Dur Law.
monstors -
progress or J storm
over Tanguer Island
that delayed his
departure or starral
hours
Include
or
-
WHEN THE NEAREST DOCTOR
IS ACROSS THE CHESAPEAKE BAY
BRINGING MEDICAL CARE TO SMITH & TANGIER ISLANDS
By John F. Yarbrough
slightly larger neighbor to the south: lack of access to
being airlified to the mainland Residents mmobilized
Special to TM Per
basx medical care
him by placmg sundbags around his bead and neck be
While Tanger, population 660, has a resident nurse
SMITH ISLAND Md.
recovered without suffering permanent damage.
who doubles as the island's lone high school teacher.
hen 61-year-old Mary Ev-
Pregnant women frequently leave the relands for
there basn't been a doctor or nurse DD Smith Island
and died of as acute astb-
the mainland before them babics are due, particularly
for several years. The closest hospital is in Cristield.
ma attack at I a.m. one
if there is lear that bad weather will prevent travel
W
which. weather permitting is a 45-minute ferry ride
Smith Island ***INCD often move B with relatives or
Sunday last February. her
away. Most medical emergencies are sent to Penm-
death sbocked many of the
friends to and around Cresbeld: some Tanger women
sula Regional Medical Center - Salisbary, a trip that
wart until they experience the first contractions and
400 residents of this -
takes mother 45 munutes by car from Crisfield. much
then climb on a boat bound for the mainland Frve
mote archrpelago in the
of it over a two-lane road
years ago. one Tanger mother are birth DD a speed-
Chesapeake Bay. Because
The geographical isolation of these insular Eastern
boat 10 munutes from the Cnsfield dock.
there is no doctor or Jurse
Shore communities and the fact that ferries make 2
"People here past can't go down the street to the local
here. several times in
single daily roundtrip to the mumband limit islanders'
doctor any time they want or need to." sud David Nr.
the months before her
ability to obtain basic health services and can make
chois a physician in White Stone Va. who since 1979
death Evans had made the
emergencies that are handled routinely elsewhere
has been making the 30-minite fight to Tanger 9. see
three-hour round trip to
life-threatening.
the mainland to see a doctor.
patients several times each month "As a result they kt
The difficulties are compounded by weather. Fog.
things so too kmg. There's not wuch in the way of reg-
About an hour before the died. Evans. gasping for
storms and ice frequently prevent boats from leaving
breath. telephoned her aster Charlotte Due who
ular checkups or the preventive medicine sort of thing
and belicopters from landing and. especially m winter.
It's more Trest the now because I need it" I had age
Inved nearby and begged for help. Due unmediately
can usolate residents for days at a time. When weather
person wari three days with a broken arm to see me You
called the 911 operator m Crisfield. Md., the closest
is DOC a factor. distance can pose . . problem. Although
never bear of that - our world"
mainland community: the operator disparated a Me-
several residents on each island have basic training m
devac belicopter. Date then rushed to her sister's
emergency medical techniques. it can *ake as long as
No Doctor Since 1968
house. dialed 9:1 again and. following the Instructions
90 mutes for a beacopter to arrive from Salisbury
of an emergency medical technician. began trying to
The problems of recruiting-and retaining-doc-
or Norfolk. Va. and for a patient to be stabilized
perform cardiopulmonary resuscitation
fors and nurses may be particularly apparent on these
enough to be moved To people suffering from beart
By the time the belicopter arrived about 30
islands, but they are not unque to them. rural health
attacks. strokes or uncontrolled asthma, that critical
minutes later. Evans was dead "She just needed to be
experts say.
time may mean the difference between life and death.
in 4 hospital. to be seen by a doctor or nurse." said
"Different geographic areas have different prob-
Several years ago. a heart attack victim had to re-
Due. "We need a doctor or ourse on the island. I don't
letas." said Frank Park, program management officer
mam overnight on Tanger because rough wunds pre-
know d they could have saved her in this case. but
for the U.S. Public Health Service district that in-
vented a helicopter from making the crtp. He died at
there are cases [here] where people could be saved"
cludes Smith and Tanger. "Some are economic prob-
an Eastern Shore hospital after undergoing surgery.
The death of Mary Evans illustrates 2 problem that
lems. in other areas n is an access problem. or a mal-
In 1988. a 19-year-old resident broke his Deck during
bas long plagued the residents of this tiny insular fish
distribution of doctors problem. You see it in the
a swimming accident. Because thick fog bad carvet
ing community and those of Tanger Island. Va., its
mountains of Appalachis 8 southwest Virgmia. where
oped the reland. the youth had to wait 24 hours before
people are just so dara soleted that it's a disincentive
Sep-02-97 02:19P JOHN F. YARBROUGH
212 724 7465
P.09
Eight-year-old Irons
Pruitt. left. watches
from the clinic's
decreasy with her
friends Lonnicann
and James Parks
while her mother. a
dental assistant
helps with a patient
for doctors to practice. You see it on Indian reserva-
time, or out West where there are great distances."
As is the case in other rural communities around
the country. both islands have experienced an exodus
of younger residents who have left for the mainland in
a of jobs and better opportunities. Smith Island
has lost 200 people since 1980. Some are victims of
the economically depressed seafood industry, the life-
blood of both islands, which were settled in the 1600s
by British sailors.
The insularity of the islands has made it hard to
attract health care workers. Tangier has not had a
fulltime doctor since 1968. Smith's last resident phy-
sician left four years ago to work in a Maryland state
prison, partly. be said, because he was unable to earn
enough money to support his family.
These days. Tangier residents rely on Nichols and
another physician, as well as a rural health nurse and
dentist Date Lazar. each of whom flies to Tangier to
see patients several times a month. They operate out
of a three-room white clapboard clinic on Tangier's
max street named after Charles F. Gladstone, a phy-
sician who retired in 1954 at age 76 after practicing
on the island for 37 years.
Few doctors have stayed nearly as long; some have
left to less than a year. Over the years, Smith and
Tanger have been forced to try unorthodox methods
to recruit doctors. including several worldwide ap-
peals by ham radio operators.
In 1957. after a four-year campaign. Tangier at-
tracted international publicity when Mikio Kato. a
33-year-old Japanese surgeon who had trained in
America. traveled 8.000 miles from his home in Kobe,
Japan, to serve as the island's doctor. One of his first
official acts was to pronounce the death of a 60-year-
See ACROSS THE BAY. Page 12
Sep-02-97 02:20P JOHN F. YARBROUGH
212 724 7465
P.10
Cover Story
ACROSS THE BAT, Prote Page II
working on the island has proven to be an
0
20
than nobody, but that's the way it in wi
emotional burden 84 well as . financial one
MARYL
N.J.
MIN
health care here. Someone's shays diesi
old woman who had collapeed in the island's
"It wore me down." Lynette Becker, a nurse
isfied with nomething."
Methodist church, where abo had gone as
who practiced on Smith from 1972 to 1979,
The lack of medical care may also refle
told a local author. 7 had gotten too close,
the ambivalence Manders feel toward wb
part of a committee to welcome the new
tried so hard to carry everyone's medical
they regard as intrumions from the outsie
physician.
burdens. I could DEVER bear to charge peo-
W
Although they depend on and tolerate t
Eight months after his arrival, Kato mar-
ple, and when I finally ast down and took a
estimated 30,000 tourists who visit the
ried his 21-year-old secretary, Emama Sue
look at my last year's salary, it was $6,700
DEL
bands each summer-tew of whom ape:
Crockett, a descendant of one of Tangier's
and more than a third of that went for ex.
the night-local residents are leery that R
original families. Within 18 months. the
penses-for boat repair and pas to -
much contact with non-reaidents could n
couple departed for western Maryland, af-
around"
. cherished way of life.
ter Kato complained that be was unable to
Eric Sobr, Smith's last fulltime doctor
Several years ago, Smith Islanders, W.
practice his specialty and went "days with-
who left in 1987. said be had to supplement
Salisbury
did not get electricity or telephone servi
out a patient to attend"
his income by working a 32-bour shift every
MD.
until the 19404, successfully battled or
is in not possible to expand my practice
week at & mainland hospital emergency
struction of an airstrip that would have
since the community is no isolated," be told
room. He said that despite the financial die-
lowed regular visits by the health works
& Post reporter at the time "There just
Incentive to practicing in Smith, be enjoyed
who serve Tangier.
im't enough practice to support a man with
living 8 the island. "It was a big change,
Tangier residents may be more accepti
but I felt at home right away." said Solir.
of such a trade-off. There are a lot of time
a wile. 1 Date not been shie to make a living.
who arrived to 1983. 7 felt like I had 100
and my loan from the bank is getting larger
VIRGINIA
when, if we had a steady doctor bere, pr
grandparents. and in many van the work
Ak wouldn't have to be taken away wb
and larger."
seemed quite real A lot of life and work in
-
they are tick," said Euna Dise, # 79-year<
Some doctors seem to have suffered from
spent dealing with ideas and abstractions.
widow who runs a boardinghouse. Dise $
as many medical problems as their patients.
but this was up front and tangible."
because she was gont 00 weekends when
she is reluctant to leave the labind, av
A retired 54-year-old Deover physician are
A Adrie practitioner. who replaced Sohr
most emergencies occurred. The ourse
briefly. "I do my shopping over there I
rived on Tangier in the mid-1960a. having
in 1989 and was paid $50,000 by the Mary-
could not be located for comment
the mainland) but I go and 3 come back
had free heart sttacks in the previous four
bend State Department of Health. resigned
"People thought they'd be getting more
don't ever stay away from home at night.
years and after losing . finger to bone dis-
and left the island be fall Some Smith rea-
hands-co treatment," said Jecings Evans,
- Be died can the island three years after
idents expressed dissatisfaction with her
president of the Committee for Smith Island
Tangier Disease and Heredity
his arrival.
care. partly because they felt she was send-
Affairs, the community's informal govern-
Partly to address the problem of limit
For health care workers, Sving and
ing too many residents to the mainland and
ing body. T think] anybody would be better
screes to medical care, about 100 hea
cart workers from Maryland and Virgi
make - I day trip to Tangier ene
fall for Tangier Health Day, an event up:
scred by Eastern Shore Rural Health Inc.
community health center to Onancock, 1
The program attracts more than half of ,
island's population, particularly those or
age 45.
The group, which includes pediatric
and a surgeon. sets UD clinics in the Me
edist church (virtually all the residents
both islands are Methodists). the Gladsti
clinic and the school Most of their servi
are provided free to the islanders. wbx
return bost a seafood supper at the enc
the day.
In addition to providing co-site care
the form of a manumography van. pharma
cholesterol testing. psychological COURT
ling and a gynecology clinic, the med
team seeks to increase the reside:
awareness of health issues. Among the
forts are educational programs about C
cer risks-especially skin cancer. which
common among the watermen-s well
high blood pressure and clevated choles
al from high-fat diets.
In recent years. health day has prover
be more than just a convenient way to be
health care to Tangier. Several years I
doctors discovered that a waterman in
sixties had an abdominal aneurym-
ballooning of an artery caused by the P
sure of blood Dow through a weak area.
it been left untreated. it would have to
him within six months, doctors said.
Two years 450, the team was on the
WASHINGTON POST HEALTH/JULY 18, 1991
land when 63-year-old Andrew Parks or
three of his fingers in a chainsaw acció
A surgeon reattached the fingers and #
the use of Parks's hand.
The problem of access to medical a
compounded by the fact that increa
numbers of residents are elderly. Accur
to Jennings Evans, CKE third of Smith
idents are over 60 and many of the 1
GENALE
-
houses on both islands are inhabited by
Receptionist Wands Parks Left. and dental arridant Inco Pruit cerry Date Lear's dental aquipment w his Name at for and w the 4a
ing widows who live alone.
12
Sep-02-97 02:21P JOHN F. YARBROUGH
212 724 7465
P. 11
at , 55% sland resided I the 1960s
as = and named the because
Over the years. studies of health prob.
- - Tanger have brooght teams of
resal researchers to the and
A= outbreak of tuberculons. I disease
that had then been virtually eradicated a
* U.S. prompted 8 19.0 stady by the
VIDA State Health Department and Co-
know Coveraty doctors. They found that
the nacience of tuberculoses was more than
twice the national average and that 25 per-
- of the then 800 residents had been
exposed to the airborne infection Testing
revealed that three residents had active
TB.
Disturbing Signs of Change
Wale the islands often are portrayed M
quanzi communities unchanged by time,
there are signs that they are becoming
more the the mainland. Many bornes luve
ask TV bookupe and 8 Tanger, where
picket fences have been replaced by chain
link. Smith also has cars-handreds of
dea mostly junkers bought cheaply 00 the
oxchad and then driven mil they stop
If and are standoned MI the mush
X are other changes as well AL-
though alcohol x not sold OD Smith Island,
aicohobism n a problem. accurding to for.
= Scuth Island doctor Enc Soar and his
-
-
At the Cladstone clinic on Tangur Island, visiting physician Dacid Nichals claimines
kne wrfe Lynaya Sobr. who worked M 3
22-month-old Chrotopher Lance Datey as AW mather Stephaner matches
to and alcohol counselor a the island
:- * past decade, If least five deaths
1" seleved to be related to airobaham, she
"People here just can't go down the street to the local
= Drug use on both above KICE res-
ideas believe, is the result of & formed so-
doctor any time they want or need to. As a result, they
if betwork for the young.
Doeth residents face ("eer obstacles.
Desprie the hardships of brag - the &
let things go too long. There's not much in the way of
and and the risk that they IAY de without
= medical care, many wbc have fam-
regular checkups or the preventive medicine sort of
ibes TO care for them choose to FOT 8 the
a
thing. It's more Treat me now because I need it'I had
They're physically solated. 301 they're
- molated in the most important sense."
one person wait three days with a broken arm to see
and Erk Sobr. They're with their acces-
in FIVE and with people they have
MDCC they were chicker
me. You never hear of that in our world."
FX some. bowever. the canger and dif-
David Michola, NO
Scalty of staying can become too great and
White Stone, Va.
be leave for a mainland cursing home or
to be sear a hospital Some depart with the
Their problems are typical of the elderly
tutes of Health found that two young broth-
== of eventually returning to the island:
elsewbere: hypertension. beart discase, ar.
ers on the island were missing the beneficial
every Sunday in each of Smith Island's
thrits. a high-fat dxt-in this case fried
form of high-density ipoprotem while re-
= churches, parishioners offer prayers
crab and oysters-and diabetes. In the past
taining the harmful low-density lipoprotein.
for local residents in mainland -
two years. 26 of South Island's 400 resi-
Symptoms of the disease include an elevat-
bocies.
dents have died.
ed cholescerol level. enlarged liver and
Among the names they - 15 that of
On Tanger. chronic Jiness is partly the
spleen and enlarged orange toosis
E:ward Cortan. 71. who let: Seath seven
result of beredity. Forty percent of adult
The deficiency can cause premature
boots ago for a nursing bone B Subsury.
islanders have bean thease or diabetes or
coronary disease. according to Victor
its Evans sto rs: = there
both. and seemingly healthy men ID their
McKusick. a professe of general at :
texth after his arrival and that Corbin
thirties have ched of heart attacks. accord-
Hopkins Hospital 5 Baltimore. 11 a mber-
took particular comfort from the fact that
ing to Jean Crockett, the island's registered
ned as a recessive disorder." said
be could see hospital from the
nurse. Since April. three Tanger residents
McKusick. The close marrying. the mar-
wodow of has room
between the ages of 51 and 66 have died of
rying within the group 13 responsible for R
This: was important to him." Evas said.
heart attacks. Crockert said.
coming out." The boys' parents had a reces-
sive gene for the disorder.
The waited it out (as long as be could on the
Because of intermarriage. some residents
suffer from an extremely rare cholesterol
About 30 cases of the disorde: have been
sand;. but be the advantage of being
disorder called Tanger disease.
reported worldwide. including the two on
x: 4 medical facility."
The disease was discovered in the 1960s
Tangier. according to physician Donald S.
Jane F. Yarbrough M . - IR Salubury,
when researchers from the National Insu-
Frednckson. the former NTH drector who
ML
file
Adoption
[
B
BIRTHRIGHT INC.
19 East 88th Street
April 25, 1997
Suite 1-D
New York NY 10128
Dear Adoption Advocate:
212/753-0048
If you are an adoptive parent, thinking about
adoption, experiencing infertility issues, an
FOUNDING MEMBERS
adult adoptee, a birth parent who has
experienced relinquishment, or know and care
Marcelle Clements
about someone who is, please read on
Nancy Kellogg Gray
Nunzio Gubitosa
Birthright, Inc., a non-profit organization
Shirley Kirshbaum
founded in the fall of 1995 will have its first
Phyllis L. LaBella
public meeting on Wednesday May 21, 1997 from 7:00
Isabella Rossellini
to 8:30PM. It will take place at the Annunciation
Michelle Murphy Strada
Greek Orthodox Church on the corner of West End
Robert Strada
Avenue and West 91st Street (entrance on W. 91st)
in the Green Room. Future meetings will take
place on the third Wednesday of each month (except
for August) at the same location. We invite you
to join us in our goal of educating the public of
every child's right to a family.
As a newly formed organization founded in our
living rooms, we eagerly anticipate your support
in helping us branch out into the community. We
wish to advocate the positive aspects of families
being formed in many ways. We can make a
difference and hope you will join us in this
effort. Your attendance and/or contribution will
help facilitate our goals. Contributions can be
sent to Birthright, Inc. at the above address.
With best wishes,
Phyllis L LaBells
Phyllis L. LaBella
Marcelle Clements
Nancy Kellogg Gray
Nunzio Gubitosa
Shirley Kirshbaum
Isabella Rossellini
Michelle Murphy Strada
Robert Strada
People
CHATTER
by Kim Cunningham
TAKING IT PERSONALLY
Isabella Rossellini
guest-stars on Chicago
Hope this month (Feb.
10 and 17) as an infer-
tile college professor
who wants to adopt a
baby. "They wanted [to
portray] an independent,
intelligent career woman
who finds herself middle-
A
Rossellini:
aged and without chil-
Adopting on Hope.
dren, like a lot of women
JEAN CUMMINGS.ALL ACTION/RETNA. LTD.
in our generation," says
Rossellini, 44, who has an adopted son,
Roberto, 3, and a daughter, Elettra, 13
(with ex-husband Jonathan Wiedemann).
"I generally don't do things close to me,
but this was an exception. With adoption,
the story is often told only if there is some
sense of drama, like Baby Jessica or Baby
Richard. We wanted to tell the story of
a normal adoption, the kind that hap-
pens to thousands of Americans
each year." Does she plan to
show the tape to her son some-
day? "Yes, but it will be like
10 years from now when he
can follow it."
I
BAZAAR
I
The author and her son, Luc.
Adoption:
A Romance
As Marcelle Clements discovers,
there's nothing arbitrary about
the love of family, no matter
how its members have come together.
Photographed by Marc Hom
"Nipples. Bottles. Diapers. Wipes. Receiving blankets.
My son, Luc, now a year and a month old, some-
Booties. Maybe six or so little undershirts. Onesies."
times points his index finger at me and, with his most
"What are onesies?" I asked my friend Nancy, who
eloquent, emphatic tone, asks, "Mama?" and then
was listing the objects I should take with me to Texas.
firmly waits for the answer. Perhaps that is meant for
She, too, was waiting to hear that labor had begun,
me. I can't be too sure, since he also often says, with
and had already packed what she and her husband
no less eloquence or emphasis, "Pokega!"
needed for the drive to Massachusetts.
That's what I often think about when people ask,
Who knows what to bring? After all, there's no way
"Is he yours?"
to tell exactly when the baby will be born, how long
"Tommy and my sister's kid were visiting at my
the trip will be. The carefully organized baby bag,
mother's house," one of my friends recently told me,
though, wouldn't take up all that much room. You don't
"and my mother introduced them to someone by say-
want to bring anything excessive. You feel tremulous
ing, This is Philip, my grandchild, and this is Tommy,
about bringing anything at all, in case it all goes wrong
my adopted grandchild." I'm happy to report that this
and the birth mother changes her mind and-without
could never have happened with my own mother, who
dramatizing in the least-your life is simply shot to
is uninterested in any dialogue except for the declara-
hell for good. That's what one thinks about while pack-
tions of ardent admiration she considers Luc's due.
ing. Will the birth go well? How will the baby be? Will
"My grandson many of her sentences begin.
she change her mind? Will everything be all right?
Yet as any adoptive mother has noticed, there are
I couldn't even bear to think about it not being all right.
many people who refer to someone's "real" child and
"Ask the caseworker at the
never think twice of it, especially if
agency if the hospital will provide
Sometimes Luc
they haven't been taught all those
formula," Nancy said in a voice that
words, all the postmodern adoption
was low, uninflected, and slightly
points at me, asks,
words that strike some people as so
constricted by the knowledge that it
odd or even comical but that are so
isn't possible to relinquish yourself
"Mama?" and waits
vitally necessary to the psychological
to your emotions and stay sane. Peo-
for the answer.
survival of child and family. Now,
ple are fond of talking of joy around
Perhaps that is
perhaps because I've heard Luc's
the time of a birth, but joy in this
magisterial "Pokega" and "Mama" so
case is purely theoretical, condition-
meant for me. I
often, I no longer internally flinch
al, pending. Luckily, as prospective
quite so hard when people ask,
HAIR, GUY LAURENT FOR SUSAN PRICE MAKEUP. PATI DUBROFF. CASHMERE CARDIGAN DONNA KARAN ESSENTIALS SEE BUYLINE FOR DETAILS AND STORES.
adoptive mothers rather than "regu-
can't be sure, since
"Where was his real mother from?"
lar" mothers, Nancy and I had no tra-
he also says, with
Angela was more than generous
dition of happy optimism to enforce,
in granting me maternal rights. She
and we could be frank with each
no less Pokega! emphasis,
had chosen me, after all, as his
other. In fact, I now realize, talking
mother, just as I had chosen her. In-
with women who are "irregular"
deed, she coached me as much as
mothers was my first experience of
possible. It was she, for instance,
real freedom of thought around the subject of children.
who, in the course of one of our frequent calls in the
When Angela and Steve called, and each of them in
weeks before she gave birth to Luc, first asked me
turn said, "I think you should come," everything hap-
whether I had gotten what I needed to bring to Texas.
pened so fast that I didn't have to ponder the problems
"No," I admitted somewhat sheepishly.
of any more arrangements. I took my bags downstairs
"Why not?" she asked.
and got in a taxi for the airport. In San Antonio I picked
"I don't know for sure," I said, thinking it was
up a rental car equipped with a car seat and, after get-
probably out of fear-just plain cowardice.
ting lost only once or twice, got to the motel and
"Well, hey, you better get going," she said.
checked in. It was almost 3 A.M. by then. I hadn't even
That's when I called Nancy, she of the calm voice
sat down when the phone rang. "We're at the hospital,"
and the reliable list.
Steve said. "Come over right away." Considering my
"Don't forget," Angela added a day or two before
nonexistent sense of direction and the utterly deserted
the birth, "there's a lot of air-conditioning here. Bring
nocturnal landscape, it is one of the most astonishing
some blankets."
accomplishments of my life that I managed to zap up the
"Take a lot of books." said my friend Paula. who
road, careen around the complex of hospitals, and
called from London to give me last-minute advice,
somehow, having gone the wrong way down one-way
"even though you won't be able to read."
streets as many times as possible, turn into the correct
"The hotel will have a crib," my friend Lee told
parking lot in a flurry of flying gravel. By the light of
me. She'd spent months in Eastern European hotel
the EMERGENCY sign I saw a good-looking kid standing
rooms under similar circumstances.
there wearing a baseball cap and smoking a cigarette,
"And be sure to arrange for a car seat," said Nik-
and it was Steve. "Not bad," he said. Five hours later
ki, the caseworker.
Angela gave birth, and I was, if you will, a mother.
And so the accessories for Luc's debut came
together. I've kept a few things, one or two of the little
he prefers file cabinets but will settle for a good dress-
onesies, for instance. And from the first day on I took
er-provoking the cat or being stalked by him, putting
pictures of Luc, and of Angela and Steve, and of all of
puzzle pieces almost in their place, nuzzling his
us together, and of their families and friends, and of
babysitter, and neatly segueing into hide-and-seek.
their apartment building, and of Nikki, and of the adop-
Hide-and-seek is every adoptive family's game, you
tion agency. And I also took pictures when I went to fi-
might say. "You don't know-you have no idea how the
nalize the adoption six months later, of all of the above
child will develop," points out my friend Phyllis. "So
parties, and also of the judge, and of the courthouse.
everything is a surprise and a delight. And there's some-
In fact, it was just such a photo album that tilted my
thing else that's special about this union, an odd thing.
decision toward adoption. I think Luc was conceived in
because when you think about it, you don't choose your
my mind when the friend of a friend told me about her
parents or your siblings. But as an adult, you do choose
experience with this particular agency. She invited me
your lovers or your spouses; you choose your great loves.
over and showed me the book she was keeping for her
And this has the quality of chosenness."
son. He was named Antonio, for her Italian father,
For many, one of the special pleasures of adoption
though the child is African-American. "But he looks
is that the child isn't implicated in the unhappiness of
like an Antonio, doesn't he?" she
the adoptive mother's own family. "I look at her, and I
Clockwise from far left:
don't see my mother," says
one friend. "I don't have to
Children available for
adoption through the
repeat all of the bad things.
Virginia (left) and New
York State (right) Social
Services departments:
children in a Romanian
orphanage: four
Russian children
waiting to be adopted:
Ethiopian orphans:
abandoned children in
a Thai group home.
You wonder if your child has
a sibling in Ecuador or India, still
peeding a mother, whom you could
bring back. Your sense of family
becomes strangely capacious, quickly
overcoming fear of the unknown.
I can choose what I
keep and what fits into
said. She flipped the pages that documented her son's
the relationship the two of us will develop."
first days, the agency, Nikki. Antonio smiled. He was
Who does Luc look like? All of us. I imagine: his
about six weeks old at the time and had just begun to
birth family, and also we who surround him now and
smile. He smiled every time she looked at him, smil-
whose facial expressions, mannerisms, tones of voice,
ing. She smiled. He smiled. It was not possible to see
and moods he so naturally mimics. In that sense, as in
who started it. It was precisely the right accompani-
many others, we all share him still.
ment to the family album.
About a month ago, when we spoke long distance in
My guess is that I must feel mighty real to Luc, just
honor of Luc's first birthday, Angela told me she had
as he cannot feel anything but real to me, as he blows
just gotten her driver's license and her high school
raspberries and kisses, leans over the high chair and
diploma and that she was going to go to college next se-
carefully drops tiny morsels of lunch overboard, or
mester. She also had learned how to make jam. "Do you
sings to himself in his crib, one plump leg draped over
like strawberry?" she asked. In my refrigerator now
the side, when he's supposed to be napping. He still
there's a jar that bears a homemade label: ANGEL JAM.
often wears onesies, and I guess one of his most real
I can't imagine having any other birth parents. In-
attributes is the phenomenal amount of laundry he
deed, nothing about or around Luc feels incongruous.
generates, especially now that he's up on his feet. Still
Social rules simply have rearranged themselves around
unsteady, he toddles and waddles and staggers at top
him. One of the things that almost any adoptive mother
speed through the apartment, busy, busy, busy, empty-
will tell you is that if one's life changes drastically af-
ing drawers whenever he gets enough of a head start-
ter giving birth to a child, one loses one's moorings en-
tirely after adopting. In the best possible way, that is:
An adoption easily becomes a kind of free fall into the
THE ABC'S OF ADOPTION
present. And the great emotional luxury is the feeling
As the opportunities for adoption increase, so does
that it's a present you can actually improvise. It's amaz-
the red tape. The following is an overview of the
ing how quickly the outlandish becomes natural when
often complicated adoption process.
you know that it is caring and fair and decent. Rela-
tionships that were unimaginable a few months earlier
What Are the Terms?
establish themselves as permanent fixtures of the
Public: Adoption of children in foster care through
heart. My friends no longer even notice anything odd
a state agency.
about the locution "my birth mother," just as Angela
Private agencies: Adoption via organizations that
and her friends say, "my adoptive mother."
seek out adoptable children through doctors, hos-
"My birth mother, who didn't even know my last
pitals, and birth parents.
name," says Nancy, "knew the most intimate details
Independent: Adoption through individuals (law-
about me. Things nobody knows." After a while you
yers or birth parents, for example).
forget there's anything odd about it.
Related: Adoption between relatives or stepfamilies.
Or maybe you don't even know your birth mother.
Intercountry: Adoption of foreign-born children.
Maybe you wonder, maybe you worry about how she
Open: Adoption of children whose birth parents are
managed. "The missing voice in all this," says Lee,
known to the adoptive parents. (This could range
"is that of the birth mothers in foreign adoptions. No-
from onetime meetings to ongoing relationships.)
body talks about them. They're never quoted any-
where." Lee could get hardly any personal information
Who Gets Adopted?
about her child's birth mother beyond the fact that she
Approximately 100,000 adoptions are completed each
is a Gypsy, as is the father. "All I know is that she was
year in the U.S.; more than half of these are related.
15 years old," Lee says. "And on the birth certificate
Last year, about 500,000 children were part of the
PHOTOGRAPHS. OPPOSITE PAGE. CLOCKWISE FROM FAR LEFT: ADOPTION RESOURCE EXCHANGE OF VIRGINIA. 1-800-DO-ADOPT NEW YORK STATE'S WAITING CHILDREN. 345-KIDS:
she wrote that the father was 22."
foster-care system, though most were not available for
Your daughter is Korean, or Russian, or mixed
adoption. In 1990, the last year such statistics were
race. You wonder if there's a sibling still in Eastern
available, 17,000 children in foster care (out of
Europe, India, Ecuador, still needing a mother, whom
20,000 children available to be adopted) were placed
you could bring back. Your sense of family becomes
with adoptive families. African-American children
strangely capacious, quickly overcoming ethnic barri-
often remain in foster care up to one third longer than
ers, fear of the unknown past, the instinctive need for
the median time of all other children.
your own genetic survival.
Less than 30 percent of all unrelated adoptions
"Is it painful to think of not having had a biologi-
are handled through private agencies. With some pri-
cal child?" I asked several of my friends recently.
vate agencies, an adoptive parent may have to wait
"It's a loss," says Nancy, "but you get so much more."
between three and five years for a healthy white
"What I learned from it," says Phyllis, mother of six-
American infant; the average waiting time for a mi-
month-old Isabelle, "is that you expand your sense of
nority infant is usually between three and six months.
what it means to be human."
Intercountry adoptions account for less than
Maybe all that one must surmount only enriches this
one fifth of all unrelated adoptions in the U.S. In
motherhood, and that this is the meaning of the journey
1994, there were 8195 intercountry adoptions. Of
that begins in loss, veers toward life again in that moment
those, the most children came from Korea (1795),
when one signs a piece of paper creating a legal relation-
followed by the Russian Federation (1530), China
AP/WIDE WORLD PHOTOS: GAMMA LIAISON (2): ROBERT NICKELSBERA/GAMMA LIAISON
ship with a child, and culminates when one is anxiously
(787), Paraguay (483), and Guatemala (436).
packing a bag for the trip to another woman's delivery.
It's funny how seldom we talk about those days,
Who Can Adopt?
the days just before the baby, spent either anguished
The requirements for adoptive parents vary among
or anesthetized by fear, depending on one's psycholo-
states and agencies. In many instances, unrelated
gy. Yet when I listen to my friends who have adopted
adoption is facilitated if the youngest parent is no
in the last few years, they express the same feelings,
more than 40 years older than the child. It also
despite their wildly varied circumstances.
helps to be married for a few years, healthy, and
"No one could continue thinking of those days and
financially stable.
weeks," says Lee, who spent her waiting time in Bulgaria,
where the 15-year-old Gypsy mother had placed her new-
How Much Does It Cost?
born child in an orphanage. It was after a two-year battle
While some state agencies charge a minimal fee
with legalities that Lee met her little girl, now named So-
(rarely more than $200), independent adoptions can
phie. But it took three more months to process the paper-
cost as much as $40,000. Private agencies charge as
work, while Sophie remained in the orphanage. "The wait
much as $25,000 for infant adoptions.
is so painful," says Lee, "that, like with childbirth, no one
-Brenda C. Coughlin
could function if they continued to think about it."
294
287
ADOPTION: A ROMANCE
(continued from page 287)
"About eight weeks before we were to leave for China,
they sent us a picture," says Phyllis. "We were both very
struck by these intelligent eyes looking out at us from the
picture. She was so alert. That photograph became very im-
portant to us, in what we went through internally. There's a
process that gets set in motion, an emotional preparation.
You begin to have this child in your mind, and already some-
thing is at work in forming an attachment. There's something
transformative going on: You're becoming a parent."
Women who adopt older children always keep the
precious photographs within reach during the weeks and
months of waiting. Women who adopt children from other
countries buy books to look at while they're waiting,
books that will begin their education about another cul-
ture. They study the features of their children's racial
groups. And of course, the women who wait for babies
still in utero have memorized the file and the pho-
tographs of the birth parents, and often keep the printout
of the sonogram to look at again and again.
As I set all this down here I realize that it i's really too
poignant, too sentimental, to convey. To tell you the truth,
if I say this much, it's because of my feeling that so little
of all this is ever talked about, except by the women
themselves, on the phone, sitting on one another's
couches looking at photo albums. Even while all the talk
BAZAAR OCTOBER 1995
shows spill scandal and bitterness
great need of some, the more it ap-
onto the airwaves. Even while hardly
pears to enrage others. And infertili-
a week goes by that you don't read of
ty procedures stir up such conflicts
some awful new trial in the papers,
that hundreds of thousands of people
study the picture of a desperate
have made it their business—
woman wearing sunglasses, her lips
whether financial or moral-to in-
set tightly, a four-year-old child cry-
volve themselves in the most inti-
ing. These are the images that define
mate affairs of the heart. Long-
adoption for much of America, de-
awaited foreign adoptions as well as
spite the fact that they represent
nontraditional domestic arrange-
such a very small portion of cases.
ments are often viewed with, at worst,
For instance, you might be sur-
disgust, at best, suspicion and dis-
prised by the number of birth moth-
taste. To a surprisingly large segment
ers who also keep photographs, not
of the population, the passionate de-
only of the babies but of the new par-
sire for a child in any but the regular
ents to whom they entrusted the ba-
way is seen as absurdly compulsive,
bies, sometimes framed and set
dangerously unnatural, unnecessary,
alongside other family pictures.
or even ridiculous. Why?
Why is it that these stories are so
It can't only be the shock of the
seldom told? Granted, it is irrespon-
new. Granted, open adoption and the
sible to recommend adoption to any-
increasingly varied circumstances of
one without caveats of many sorts,
the children as well as of the parents
but why-in this era when "regular"
are multiplying so quickly that
parenthood seems to be idealized
everyone-participant and observer
more than any other institution-is
alike-is reeling a bit. Still, the
this other, profoundly compelling de-
widespread hostility is so dispropor-
sire to raise a child so often seen as
tionate that it seems to correspond
preposterous? Yet adoption is as old
with a deep and primitive fear.
as biological parenthood. There has
So far, though, there seems to be
never been a time when orphans
no analysis of the intense reaction.
weren't raised by aunts, grandpar-
Even the psychotherapists I queried
ents, strangers. There has never been
were hesitant to formulate any theo-
a time when mothers didn't ensure
ries. I asked some to take a guess.
their children's welfare by placing
"Everyone is deeply sensitive to
them with other families. There is not
issues of abandonment," one psycho-
a place in the world where, if they
analyst suggests. "The very idea of a
can afford it-and often even if they
mother giving up her child is very
can't-people will not welcome other
frightening." Perhaps the prejudice
women's children into their homes.
expresses horror at the symbolic role
Somehow, though, in this country
of the birth mother.
at this particular time, these acts of
Another analyst I spoke to sug-
love are often seen as bizarre. Surro-
gested that, on the contrary, many of
gacy, egg donors, birth fathers-all
the problems may arise from an ideal-
these new terms are triggers for im-
ization of the birth mother, the myste-
ages of court cases, the misery of the
rious good mother as opposed to the
parents, the tragedy of the child. As
known bad adoptive parents. "It's
for adoption, the oldest and most
common to be angry at your parents
blatantly needed unconventional
and to have a fantasy that you were
arrangement, it is seen in many quar-
adopted but never told and that you
ters now as an act of emotional vio-
don't really belong to these people
lence, the parties as venal, crazy,
who call themselves your parents, that
selfish, and cruel to one another and,
there is a real mother and father
even worse, to the child.
whom you might discover one day, to
It sometimes seems to me that the
whom you could flee for safety and
more open adoption becomes, the
love." In this scenario, the diabolical-
more intense the opprobrium it gath-
ly bad adoptive parents are pretend-
ers. The more it becomes accepted,
ing to be real and thereby preventing
overtly longed for, allowed to fill the
the child from growing up
298
BAZAAR OCTOBER 1995
ADOPTION: A ROMANCE
world, to pick up an infant who needs
Cartesian thinking, the nevertheless attentive and grateful
(continued from page 295)
a parent will become as common and
recipient of his Pokega and Mama declarations. It's terri-
happy and loved by the good parents.
thrilling a romance as it should be.
ble to contemplate anything else. But, fortunately, I don't
Either of these possibilities, certain-
And it is a romance. In the end, it's a
have to: We already have a past together, even though the
ly, would lend more plausibility to the
reality you feel you have created more
present now takes up all the available space. And that, in
wicked, sadistic shadow plays evoked by
deliberately, with no imperative but
my view, is real family.
the talk-show spectacles in which every
the love you want to give and receive.
birth parent is either an extortionist or a
No, said several adoptive parents
victim, every adoptive parent an ex-
when I pointed out that well-meaning
ploitative and easily exploited subject,
friends often insist that a parent's
every child a forbidden prize.
feelings about biological and adopted
Of the thousands of adoptions that
children are exactly the. same.
proceed each year without betrayal, in
"There's no difference," say those
a spirit of mutual respect and increas-
friends. "Your child is your child."
ing understanding, not much is report-
Of course your child is your child.
ed. In fact, the bugaboo of the success-
But there is a difference. To parents I
fully challenged adoption has been
know who are raising adopted chil-
realized very few (but invariably sensa-
dren, this relationship seems more
tionalized) times in the last five years,
romantic, more miraculous.
while close to 500,000 American adop-
"When you're in a group of people
tions have been completed during the
and their biological children, do you
same period, to say nothing of the more
feel excluded?" I asked Lee. "No," she
than 38,000 foreign adoptions. While
said. "I feel luckier than they are."
there is no doubt that disappointments
"I feel as if Hannah had to be my
and dishonesty are not rare, the pro-
child. It could only have been her,"
portions are insanely distorted by
says Paula. "Sometimes I tell myself,
what the TV shows, incredibly, often
'Thank God Mark and I didn't start
present as the official version.
four years earlier, or we wouldn't
Still, the more diversified and
have had Hannah."
heterogeneous adoption becomes—
As for me, I don't even want to
the more little Chinese girls there are
consider the possibility that another
in New York and little Russian boys
woman could have been the one
in Michigan, the more older children,
pulling into the hospital parking lot
older parents, same-sex parents,
that night when Luc was wending his
single-women parents-the more
way at last into our world. I am not a
taboos will recede, the more "natu-
superstitious person, nor a fatalist,
ral" adoption will become. If the gov-
but I do feel there was some natural
ernment doesn't hamper the process
dynamic, some break in the random-
any more than it does already, the
ness, some right pattern that fell into
radical changes that are the source of
place that night, as if there were a fate
resentment and fear cannot but even-
or a will or a choice on all our parts,
tually create a new context that will
whichever you prefer-I don't care-
make the resistance obsolete.
that brought these particular people,
Paradoxically, what is most
and no others, together. There's only
threatening to many people about
one Angela, one Steve, one Luc, one
modern adoption is the lack of secre-
me. We are it. And at this moment,
cy. What was clandestine is now pub-
when I find-to my surprise-that all
licly disclosed; where there was
the anxiety is now far enough behind
shame there is now pride. It's in-
me that I can afford to scan the world
creasingly unnecessary to base the
for different possibilities and alter-
present on an unacknowledged past
nate realities, there is no doubt in my
that condemned all parties to a false
mind that I am the only creature who
reality in perpetuity. Honesty, too, no
could or should have been the audi-
less than hate, is self-perpetuating.
ence for Luc's pranks, the mediator in
And perhaps new traditions will
his relationship with the cat, the chief
then begin to fall into place, and
dispenser of hugs, kisses, and futile
packing that small bag to go to the
exhortations to enter the world of lan-
other end of the country, or of the
guage by way of French and
300
BAZAAR OCTOBER 1995
It really doesn't matter
By Jacquelyn Mitchard
MILWAUKEE
In fact, by that standard, that
I READ in Parade that movie
mogul Steven Spielberg and his
It's just a fact.
one isn't, but he bears a strong
resemblance. In lots of families,
wife, Kate Capshaw, are so busy
Legal, social and
that's touching and dear -
because they have five children
- "one of whom is adopted."
emotional.
three little redheads at the li-
brary with Dad. Even I think so.
Later the same week, a Big
It doesn't signify much in my
Ten basketball coach is griev-
family, but that doesn't make
ing. His "adopted daughter" has
tween them." This story isn't
my children less my children.
lapsed into a coma.
about how I built my family, I
And it would do me good if my
I've been a reporter my whole
point out; mentioning how I got
press colleagues stopped think-
adult life, and I understand the
my kids would be like describ-
ing this is just a sentimental
importance of detail. But when I
ing each one's hair color.
notion that makes adoptive
read these descriptions, there is
"But otherwise," she persists,
parents feel more like families
an unmistakable subtext. The
"people will think you gave
who have "their own."
Spielberg family is way busy -
birth to all these children."
and the fact that one of those
"So what?" I ask.
It's just a fact. Legal, social
five kids is different suggests
"It's like lying," she says,
and emotional.
that things are even more hec-
"because you didn't."
I know plenty of parents who
tic. As for the coach, there is the
"Nevertheless, they're my
have given birth to children
unintentional hint that the
children."
they don't like much, and so do
tragedy might have been even
"I know, I know," she sighs.
you. But in media and even
more substantial had he been
"I have a friend who adopted a
family law, intelligent people
related to his daughter by birth.
little girl from Peru, and she
cling to a stubborn belief that
In a People magazine story
says the same thing."
inherited bonds are most po-
about the death of actor Carroll
Her tone, however, suggests
tent. It is, I believe, this attitude
O'Connor's son, his adoption is
that it is just as tedious when
(unintended, almost invisible)
emphasized not once, but three
her friend says it as when I do.
that makes some adopted chil-
times. Does the writer intend to
In the nicest possible way, of
dren feel so lonesome, that
suggest this detail helps us un-
course.
changes natural curiosity and
derstand his death by drug
People don't think I'm a bad
yearning into obsession.
overdose?
woman when I bristle over the
In fact, one of the most
In a story about a book I
adoption distinction in every
common gifts an adoptive par-
wrote, a writer from Boston asks
story about Tom Cruise and his
ent gets is a poem that begins,
me to identify which three of
children. They just think I'm
"Not flesh of my flesh nor bone
my five children were adopted.
hysterical. Even friends and
of my bone, but still, undeni-
I decline.
family who love my adopted
ably, my own."
"You really should," she says,
children just as much as they
It's meant to be sweet. But to
"though I understand, you don't
do my non-adopted children roll
hell with it.
want to make a distinction be-
their eyes (in the nicest possible
Whether or not I made it with
way, of course) when I chide the
my proteins, the flesh and bone
Jacquelyn Mitchard is a
neighbor who says, of my son
in my house - which I nurture
columnist for the Milwaukee
Dan, "You can sure tell that this
and embrace and protect - is
Journal Sentinel.
one is yours."
indeed "of" me. From whatever
genetic backgrounds my chil-
dren came, their heritages are
About Letters
Non Sequitur
now folded into our common
destiny. I don't have gray eyes,
but I'll probably have gray-eyed
Readers may drop off, mail,
grandchildren. Of my own.
fax or e-mail letters. The Ea-
I'M SORRY HOSKING,
gle's address is found over the
BUT WE HAVE A CERTAIN
I can't change the world, or
editorials. Fax to 499-3419. E-
IMAGE To UPHOLD IN
even my block, but there was a
mail to [email protected]
THIS OFFICE...
time when we writers thought it
Letters should be signed and
necessary to describe the
include the writer's address
makeup and clothing of every
and a daytime telephone
woman we interviewed. We
number. E-mail letter writers
stopped. It just didn't matter.
should include a mailing ad-
Hasn't the time come to do
dress and phone number.
that with the origin of families,
Shorter letters are preferred.
unless that is what the story is
The Eagle edits all letters and
about? Do we include details
tries to condense the longer
(dyed hair, third husband) that,
ones. The Eagle does not ac-
under the guise of detail, betray
cept thank you letters.
a judgment?
The Eagle will not publish
People who love me are roll-
letters that violate standards of
ing their eyes.
good taste, make libelous ac-
"But it really doesn't matter,"
cusations or ad hominem ar-
they'll say.
guments, or endorse commer-
10-0
My point exactly. So don't do
cial products.
01996
Writers
Group
E-mail:
[email protected]
it.
B
Birthright, Inc., a non-profit
organization, was formed
B
with the intention of
educating the public at large
of every child's right to
BIRTHRIGHT, Inc.
a family. It is the birthright
of every child brought into
this world.
B
BIRTHRIGHT, Inc.
EMPHASIS ON THE POSITIVE ASPECTS
DEFINITION OF FAMILY
OF ADOPTION
WAYS OF ACHIEVING GOALS
It is the intention of our organization to broaden
Too often the media and general public focus on
Building a strong organization of supportive
the context of the term "family". It has many
the sensational and questionable cases (which are
families dedicated to enlightening the public.
variations and is formed in many different ways.
the rare exceptions). Throughout it all, the chil-
The one thread that unifies them is that they are
dren are regarded as chattel and discussed as
Working with the White House, the entertain-
all based on unconditional love.
objects "owned" by various sources. Statistics of
ment world, legislators, and educators to
legally uncomplicated adoptions (foreign and
make sure that laws protect and advocate
We want to promote and legitimize the concept of
domestic) far exceed the exceptions. In fact, one
children's rights.
families formed through varied means:
rarely hears about stories of these families unless
Work closely and passionately with the press
Adoption
there is a "problem". Out of all adoptions final-
and media through interviews, television
Single-parent families
ized in this country, only 1% ever encounter legal
shows, seminars and conference exposure.
Step-children
difficulties.
Children from second marriages
The purpose is ultimately to change the
The birth mother is rarely discussed in a manner
Ethnically and racially mixed families
stigma attached to birth mothers, children,
cognizant of her sacrifice. No matter what the cir-
Gay parenting
and parents in adoptive families.
cumstances are, the decision to place a child for
In all their manifestations, we wish to stress the
adoption is one born out of love for the child and
important concept of family rather than the
respect for their birthright of a "family".
"labels" which define their formation.
FOUNDING MEMBERS
Marcelle Clements, Nancy Kellogg Gray,
Nunzio Gubitosa and Shirley Kirshbaum,
Phyllis L. LaBella, Isabella Rossellini,
Robert and Michelle Murphy Strada.
My
Children's
BY ANTOINETTE MARTIN
Other
Moms
I want my two adopted children to be
close to their birth mothers. People tell me I'm risking
everything, that I may lose my kids someday.
But to me, being open is the only loving thing to do.
Last June, I traveled with my 3-year-old
daughter from Montclair, NJ, to Jackson, MI,
so we could attend her birth mom's gradua-
tion from high school.
Yes, I know. You need a minute. Shall I run it by again?
Slowly, then: Eighteen-year-old Angie was graduating
from Jackson High, and she wanted us there-Mariah, the
small curly locked dynamo she gave birth to and who looks
so much like her, and me, Mariah's mom.
Angie was only 14 when she met my husband, Ted, and
me in a social worker's office, and chose us to adopt her
newborn preemie girl. She'd managed to hide her pregnancy
from her grandparents, who were raising her, until two days
before she gave birth. She also managed to stay on the hon-
or roll at school. She assumed she'd keep Mariah-until she
and wanted to be close to her. Then we proceeded to do the
brought home the tiny bundle and realized there was no way
same with Mariah's birth mom.
it would ever work.
The day of Angie's graduation was swelteringly hot. The
When Mariah joined our family, it seemed obvious that
sun beat down on the football field, where the graduates were
the teenage girl who loved her so would remain part of our
gathered, and in the bleachers, where we well-wishers sat.
lives. After all, that's the way it was when we adopted
Next to me, Angie's grandpa mopped his brow. Mariah sat in
Charlie, our now-6-year-old son. Charlie's birth mom was in
my lap and seemed to melt there, our dresses and legs glued
Texas, so the connection mostly involved the telephone,
together like cheese on a burger. Still, a chill went down my
photos, and videos. But at the time, we lived only 90 miles
spine when the superintendent took the podium and
away from Angie. She could even visit every few months to
announced: "Graduates, please rise. I want you to show your
see Mariah grow.
gratitude and respect to all the parents, counselors, and those
What we are doing is called open adoption. The practice,
who may have helped along the way." Applause erupted on
which is on the rise across the country, means that birth
the field. They were clapping for us! Even for me.
mothers and adoptive parents are known to each other and,
I owe the joy I felt that day to the complicated family ties
to varying degrees, stay in touch indefinitely. Back when we
we've patchworked together. My girl! I sighed as Angie
adopted Charlie, we were given no instructions about how to
sashayed up for her sheepskin. My girl's girl, I corrected
handle the complicated relationship we were entering. We
myself, looking down at Mariah. Whatever. There is no
just went ahead and fell in love with Charlie's birth mom,
luckier or prouder mom who has ever lived.
86
The morning after graduation, Angie, her
grandma, Mariah, and I went out for breakfast.
Mariah piped up and said she had to go potty. Thank
goodness. It gave me a few minutes' reprieve to think of how
Over her pancakes, Grandma reminisced
to soothe tempers back at the table. Being a mom always
about how shocked she was when Angie had
requires a lot of instinct, but at least there are signposts.
turned up pregnant while still in junior high.
Being an open-adoption mom is an utterly improvised
"They used to try to find out how I was gonna react,"
dance-and sometimes a glide onto ice as thin as tissue.
Grandma said of Angie and Mariah's birth father, Brian,
"You know," I said when we returned to the table, "I have
UGRAPHS BY STEFFEN THALEMANN
three years Angie's senior. "I'd be driving them someplace,
always admired the way you both handled things when our
little sweetie was born."
and they'd point out a girl they knew, and say she was preg-
nant. And I'd say, 'Oh! So young!''
They looked at me quietly.
"You nearly blew a gasket when you found out," groused
"There was bound to be tension in a situation like that," I
Angie, who was wan and grouchy from partying until 4:00
said. "But you guys managed to hold your family together.
A.M. "You were so mean to me. You came down so hard.
And you found a good home for Mariah. A lot of girls like
That's why Mariah came early."
Angie wind up being thrown out on the street, and then their
babies are really in trouble."
"Oh, Angie!" I blurted. Her grandmother sat motionless.
"I don't think so," was all I could manage to say.
They both murmured agreement. We moved on, talking of
Angie's plans for college and her hope of becoming a nurse.
By the time the check came, Angie and Grandma were con-
to say. "I was in your tummy."
genial again. Angie swung Mariah upside down, then flipped
"That's right," Angie says. "You were."
her up to give Grandma a kiss on the cheek. We had all
She is pleased to hear the recitation, I think, but nob.
groped our way through a crisis once again.
expects a preschooler to fully understand the implications.
It's what we do. We grope, and hope for the best.
But Charlie is old enough now to begin considering his
adoptive status. I've been trying to broach the notion of
genes, telling him about Angel's great-uncle who patented a
"Aren't you afraid you're going to lose those
tool for analyzing engines and suggesting it might be why
beautiful children?" asks a friend of mine who
Charlie is such a genius with Legos. But Charlie is pretty
was a social worker before she retired.
sure he got those gifts from Ted, who's a builder and a fixer
She has grandchildren who are adopted. She is a warm, gen-
too. Maybe, I concede, it's a combination.
erous woman who thinks I am completely out of my mind.
One question people always ask is: "Won't the kids be
"You're risking everything!" she's been saying for six
confused about who is Mommy and Daddy?" No, I don't
years. Ted and I had no set plan about open adoption back
think so, not for a minute-because none of us adults are. The
then. I'd found Charlie's birth mom through a woman in my
children call their birth parents by their first names just as
mom's square-dancing class. This woman had written to
Ted and I do. The birth parents call Ted and me by our first
thousands of doctors and midwives around the country, say-
names too. But everyone refers to us as Charlie and Mariah's
ing she wanted to adopt. After she did, she still got calls, and
mom and dad.
she sent one of them, from Texas, my way. We brought
"What makes a baby?" Mariah asked Angie one day. "Oh,
Charlie home when he was 9 months old.
gosh," Angie said, rolling her eyes. "You better ask your
I remember how my friend reacted when I told her how I had
mother."
flown from Michigan to Texas to meet Charlie's birth mom
But another time, a year or two ago, Angel left a phone
and her mom, how we talked for hours about their family lore,
message for Charlie, saying "Mommy" called. I chalked it up
and how I invited them back to our hotel room to help us settle
to habit, because her other two sons now live in Kansas with
Charlie in for a nap. "But now they will know how to find
their father, and she probably leaves such messages for them
him!" my friend said. Other friends, who'd seen us through six
all the time. Still, I figured it was worth mentioning: "Char-
years of infertility treatments and the loss of a baby girl I car-
lie just can't grasp that yet, Angel," I told her.
ried nearly to term, also had fits of anxiety on our behalf.
She agreed, and it never happened again. But she still
Charlie's birth mom, Angel, was
sends cards signed "Mom." Angie
22 when we adopted Charlie. Aside
does too. I think that's lovely, and I
from Charlie, she already had two
keep every one in the kids' albums,
other boys, born during an early first
"She's going to want that
because I know-if my children are
marriage to another man. Angel and I
anything like sentimental old me-
had bonded on the telephone, but I
child back someday,"
they will cherish those mementos.
had not met her until she walked into
Actually, Charlie doesn't seem
the adoption agency in San Antonio
my friend insisted.
ruffled by the suggestion that he has
and delivered her son to me. "From
another set of parents. What bothers
mama," she said as she placed him in
him is those brothers. I sense this
my arms, "to mama." I never have
the sense I am her mother, the way I
"You could be in for great,
will be our most intense family
issue for some time.
sometimes do with Angie. But Angel
great pain."
"When I think of my brothers, I
made me a mother after years of
feel like I'm going to cry," he tells
questing, and that makes for a power-
me sometimes when we're snug-
ful connection too.
gling in his bed just before sleep. He
After Angie's graduation, I visited my elderly friend, who
frequently asks why Andrew, 8, and Jake, 7, cannot come
was still nervous. She watched Mariah cavort on the carpet,
live with us.
and listened to my proud prattling about Angie.
Andrew, for his part, wants to know everything about Char-
"She's going to want that child back someday," my friend
lie-what be likes and doesn't like, and about our new house in
insisted. "You could be in for great, great pain."
New Jersey. He absorbs the tidbits, rapt. "Oh, I was just look-
Later, I relayed to Angie what my friend and others
ing at that picture of Charlie you sent me, and praying that I
thought she might feel, and do. She was shocked.
could talk to him," Andrew gushed last time we called.
"I would never do that!" Angie said. "I might have carried
We visited the brothers once. It was a bit awkward for
her, but you guys are her parents. I gave you that in life. That
some of the adults. Andrew and Jake's grandparents were
was my choice. I wanted to make Mariah happy, and she is!
understandably taken aback to be hosting the adoptive fami-
And I wanted to make you happy. Once I met you guys, I
ly of their son's ex-wife's son.
really, really cared about you. It's like, you know-you're
But the boys got on famously, racing mini-cars all over the
Mom and Dad."
house, performing somersaults on the sofa, pushing each other
I do know. When I met Angie, I was 42, exactly three
on the porch swing. I was struck by how much they all looked
times her age. Angie's mom had been dead four years, killed
like Angel, and like one another. That was four years ago.
by her father-who will most likely be imprisoned for that act
Charlie was only 2-he has no memories of it, only pictures.
of jealous rage for the rest of his life. I had lost a daughter.
Arranging the next visit is a top priority. For now, Charlie
She had lost a mother. Once I met her, I really, really cared
has the phone, the mail, and what psychologist Betty Jean
about her too.
Lifton, Ph.D., calls the Ghost Kingdom-meaning the shad-
I have learned much from our birth mothers. How could I
ow life of "what might have been" that haunts those who
ever banish them from my life, let alone my children's?
grow up in families other than the one they were born to.
The dark corners are not so dark for children of open adop-
tion, says Lifton, who herself was adopted under the system
Mariah is on the phone with Angie: "Um..." she
where everyone kept the identities of her birth parents a
says, trying to summon something interesting
secret. "But there is a loss whenever there is an adoption,
88
Charlie, 6, and Mariah could "pass" as
Toni and Ted's biological children.
But Toni, who prefers to be open about
their adoption, says such secrecy goes
against her grain.
has. Still, I have been there in
another important way Lifton
has not: I am what I suppose is
called a birth aunt.
Fifteen years ago, when
my brother was in high
school, he and his girlfriend
had a baby girl they knew
they couldn't raise. They
placed her with a couple who
were friends of the obstetri-
cian's wife. Everyone agreed
this was best.
But, Lord, Lord, Lord, how
it hurt.
And really, it has never
stopped hurting. One of the
reasons for that, I believe, is
that our family wound up los-
ing my birth niece to the
shadows-and she, us.
The people who adopted
the baby, naming her Emily,
did send my brother a few pic-
tures during her first year. We
found them among his things
when he was murdered five
years later, at age 22. A part of
Patrick-alive-we thought. It
was an indescribable comfort.
even when the adoption is open," she reminds me. "The shad-
But then, a telephone call
ow world of what might have been still comes into being."
was arranged between my mother and Emily's adoptive moth-
er to speak of Patrick's death. "You have all of our sympathy,"
Emily's mom said with great sorrow. And she added: "I'm
Once, I took Mia-she had nicknamed herself by
afraid that's all I can offer."
then-to get her cut lip treated. "She's so gor-
No contact. No letters. No information. No pictures.
geous!" the doctor said, shooting a glance at me.
After we adopted Charlie and Mia, I passed a letter to
"Hey, don't look over here," I said, laughing.
Emily's parents, via the obstetrician. I strove to be gentle,
"She's got a gorgeous birth mom."
respectful, and grateful. But I did tell them I feared Emily
Lifton thinks my response was unnecessary-that there is
might someday weep for all she had missed-just as some of
us in her birth family do now. My mother, I wrote, cries each
such a thing as being too open. "Listen," she exhorts me,
"Mia and Charlie don't want to be reminded all the time that
year when our family gathers at Christmastime. "A picture,
they weren't born into your family. And they may not want
I'd just like to see a picture," she always says.
the whole world to know they're adopted. Kids want to be
Emily's parents responded with a picture for my mom-a
the same, not different. When they're a little older, they
splendid one of a striking blond girl standing outside on the
could get teased. Some kids say mean things about adoptees
porch in the California sun. She has my brother's dimples.
not having 'real' parents.
They also sent a note saying Emily will likely want to meet us
someday-and they will support her in that. After she is 18.
"And after all," she adds, "it's not like a foreign adoption
where the nature of the relationship is literally written on the
"Meanwhile," they wrote, "please do not contact us again."
child's face. Charlie and Mia can 'pass'-and that gives them
options."
"Okay, Mia," I said, as we hovered at the edge
This unnerves me and goes against my grain. Why should
of the field, watching the graduates file toward
they "pass" as my biological children? Doesn't conceding to
us. "Here comes Angie!"
a prevailing prejudice mean quashing pride in oneself?
Mia plunged into the sea of white robes and found her birth
"But the children should be able to choose for themselves
mom, who swooped her up in her arms and carried her the
who to let in on their story," Lifton argues. "You don't want
to experiment with your children to see if you can change the
rest of the way. I stepped forward and took a close-up photo
minds of others who might be inclined to be nasty."
of the two of them. In the picture, Angie has a blazing grin of
Eventually, I'll be able to ask Charlie and Mia what they
pride and satisfaction on her face, Mia a more thoughtful
think. For now, I ask myself, "What would I want if it were
look. Mia is hugging Angie, and gazing straight at me.
How I love that picture. Every time I look at it, I smile a
me?" I'm the oldest of eight children born to my biological
mother and father, so I haven't been there in the way Lifton
smile just as big as Angie's. That picture speaks to me. It
says: We are doing the right thing.
two
moms
baby
An Intimate story of adoption by Marcelle Clements
I often find myself musing about Ange-
talked about It a lot-that we will always
by this tiny genetic foreigner for
la wondering how she's doing. whether
feel connected to each other. It's a
whom we will be all of family?
she's all right, whether she's in a good
strange and powerful connection. I
Many of us answer yes. More and
enough mood, whether her mother is
guess we'll have It until one of us dies,
more of us, lately. And as adoption be-
being nice enough to her, whether she's
and maybe beyond, as embodied in the
comes more common, more open, and less
still eating all that unbelievable fried
life of this child who will continue in
secret, shameful, and silent, the ties that
food they love in Texas, whether her
the world when we are gone.
bind all the participants are being re-ex-
figure has gone back to normal since the
In many ways, we make up our fam-
amined, re-created. And that is how 1, a
pregnancy, whether she's being more
illes as we go along. Almost from the
single French Jewish woman in her 40s,
careful now with birth control. It may
start there is the favorite baby-sitter, the
have come to feel that one of the people
seem odd to you, but I really like to
nursery school teacher, the best friend,
in the world I am closest to is 'wise-
think about her. Angela just had her
or the delightful creature yearned for as
cracking, gum-chewing 21-year-old kid
twenty-first birthday last week. She's
the best friend. Twenty, 30, 50 years lat-
In San Antonio whose favorite expletive
the mother of an adorable 2-year-old
er these people live in our memories,
actually is "Dang!"
boy, and last spring she gave birth
many of them stilled in the perpetual
to the baby I adopted.
smiles of youth, the eerie freete-frames
FRIENDS WHO ARE NOT FAMILIAR WITH
Sometimes she telephones me:
of loving memory. They are the families
the new world of adoption ask me If I'm
they're moving and she wants to be sure
of the heart, the real families, as pol-
not scared to keep Angela in my life.
I have her new address, or maybe she
gnantly and affectionately remembered
"What if she shows up at the door some.
just wants to talk. Sometimes I call her.
as the siblings and uncles who populat-
day!" they ask.
Often, I think of her and I don't allow
ed the world of our childhoods, If we
Well. what if she does? Will it be as an
myself to call her. I don't want to have
were lucky. As time goes by, we add
enemy or as a friend?
any relationships that will become con-
to our families, but less and less as we
My guess is that someday he'll want
fusing for my son as he gets older. So, as
grow older. We know, now, what the
meet her, and she has told me that she'll
per the agreement we both made with
implications are. Do we want to be-
be ready for that and so will the rest of
the adoption agency, I restrict myself to
come Intimate with this stranger? Do
her family. That's a great gift for my son,
the photos I'm to send once a month
we want to forever be bound? This is
isn't it?
for six months and then once a year for
what makes 80 many decisions diffi-
We agree that there should be bound.
five years.
cult in adulthood and-none, perhaps, as
aries and that these need to be carefully
But I've had the sense all along-and
complex and risky as adoption. Will we
established for the sake of the child. But I
I know Angela has, too, because we've
allow ourselves to love and be loved
know that all
(continued on page 138)
82 New WOMAN DECEMBER 1994
The author with
her son, Luc.
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cared-and also that she cared enough
When I would come back into the
not to disorient him, that she'll be will-
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tion-as If the room were a train or a
her and not before then.
for anything less?
boat and we were all on a journey.
And, let's be frank, what is the real
A graph next to the bed showed the
fear my friends feel on my behalf? Either
intensity of the contractions. We could
While other
that she will one day want him back or
see it and Angela couldn't, so we often
ski exercisers
that he will one day wish he were her
knew before she did that she was about
provide an
son and not mine. But the truth is that
to be in pain. But It wasn't nearly as
awkward shuffling
both these things will happen some-
bad, she told me, as with her first child.
motion, a NordicTrack
times. She'll have those feelings and
There was another interesting ma-
exerciser uses a patented
he'll have those feelings and all three of
chine next to the bed; It broadcast the
flywbeel and one-way
us will have to live with that.
sound of the baby's heart. The sound of
cluich mechanism to
And I'm betting my happiness on It-
the baby's heart became to me the coun-
provide a smooth non
and the child's-that we will. Sure, the
terpoint to every conversation in the
jarring workout.
stakes are high, but aren't they always?
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It was all so odd, and yet I felt every-
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mother are still strange on our tongues,
thing so viscerally. I knew that this was
describing function in the coldest fash-
a very strange thing I was living. But I
NordicTrack
lon, and only In relationship to a child.
felt hyperalert. I guess that sound, that
What about us, Angela and me? What
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are we to each other?
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Well, of course, to me Angela Is not a
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Call 1-800-942-1890 258L4 Ext.
generic "birth mother." She has a tattoo
whether I did the right thing-that feel-
on her shoulder, loves to zone out watch-
ing has never gone away.
or write NordicTrack, Dept. 258LA
ing MTV, is Interested in photojournal-
And what did Angela feel? The mir-
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to go to college-as hard as that is with
citement, fear, hope, loss, love.
no money and a 2-year-old. Yes, she's a
He was born not long after dawn. She
birth mother, If you like, but to me she is
gave him to me to hold, and I was hold-
TWO MOMS AND A BABY
the woman who, early in the morning of
ing him when he opened his eyes. She
continued from page 82
a hary spring day, gave birth to Luc, who
was moved by how thrilled I was.
weighed seven pounds, 13 ounces. In the
I'd been told by the hordes of people
children thirst to hear where they came
birthing room, she rested on a pillow
who give unsolicited advice in these cir-
from, that they need to know that they
they'd allowed her to bring from home.
cumstances exactly how I would feel at
were desired, that their birth was a won-
The pillow case had a leopard-skin pat-
that moment
der, and that they were always the object
tern. When I arrived, her attractive young
"As soon as you hold the baby, It's as
of love and care. My guess is that at some
husband, Steve, was there, her solemn
If he were your biological child; there's
point during or after his adolescence the
friend Rachel, and a young barefoot cous-
no difference," is how one version goes.
time will seem right for a meeting.
in who had beautiful long blond hair. In
No. I didn't feel that. I didn't immedi-
Meanwhile, Angela has asked me to
the middle of the night, her mother and
ately feel euphoric, maternal, as if I'd
call her from time to time, maybe once a
her sister arrived from another town.
been born for this and my whole life
year around his birthday, to let her
We all alternated spending time sit-
had led to this moment.
know how he is.
ting next to Angela. In my hand her
"When you first hold the baby, you
"Are you sure It won't be too painful
hand seemed small, her fingers thin and
feel that he's a stranger. It takes some get-
for you?" I asked her.
a little cold. Sometimes she closed her
ting used to," is what the other faction of
"No," she said. "Not as painful as
eyes and a half hour slipped away.
unsolicited advice-givers will tell you.
never knowing anything."
There was time to talk, but the night
No, I didn't feel that either. I wasn't
There's no doubt that adoption is a
sped by with astounding rapidity. Up on
alienated, assailed by second thoughts,
risky relationship, as risky as that of
the top floor of the hospital there were
weirded out or freaked out.
mothering any child or, Indeed, of enter-
some coffee machines, and Steve and I
I felt completely engaged and fascinat-
ing into any relationship so loving that
shuttled back and forth. One could step
ed. How amazing It was to hold him.
one's happiness depends on it forever: so
out on the roof and watch the lights of
What an astonishing sight he was.
many, many terrible things could happen.
San Antonio twinkling and winking in
"Seel" said Angela. "No fur."
We hope none of them will. But, surely,
the darkness and then grow fainter to-
For months, It had been a joke between
to give Angela news of the child she gave
ward morning. On the roof, there was a
us that perhaps had stood for all of our
birth to, to let her know that he's all right,
gust of heat and humidity such as I'd
common fears about whether the baby
that he's loved, can only lessen the possi-
only experienced In the tropics. Back in
would be healthy. Some babies are actually
bility of anxiety and fear and remorse.
the room, It was cool and the lights
born a bit on the furry side. It's called La-
Surely, he'll want to know someday
were low, and I began to feel as If we'd
nugo. It's shed within a few weeks. But
that she wanted news of him, that she
all been there for a very long time.
when Angela and I had kidded around
138 NEW WOMAN DECEMBER 1994
early on in her pregnancy about what ac-
But there you go. What can you do?
cret desires I might have, appearancewise,
who showed me how to diaper him, and
There were dramas along the way.
I had said that my only special request was
I have photos of the first time we did le,
There always are, not Just In an adop-
that the baby not be furry.
on his first day of life. He is tiny and red
tion process, but In any pregnancy. But
"I promise," she had said. "No fur."
In the middle of the frame of our two
looking back now, I feel as If even the
We had talked once or twice a week
sets of hands. My guess is that someday
difficult moments wound up solidifying
for most of her pregnancy. We got to
he'll love those pictures. Someday he'll
our connection. We shared them as well
stare at all these pictures taken in Texas,
know each other very, very well. I think
as we could, and can one ask for any-
and-whatever else he sees in those
I understand how she feels about giving
thing more, even from one's family?
photographs-he'll see that there was
up this baby. "I feel," she told me-and
I know what you're thinking. I was
nothing secretive or shameful about his
I think this was her greatest gift-"I feel
really lucky. I agree. But maybe there's a
beginnings and that the first two wom-
as If It's less a loss than a new beginning,
lot more luck in the world than La com-
en who were his family had come to be
for all of us." But I know that it was in-
monly Imagined, when strangers decide
each other's family as well.
deed a loss. And I think she under-
to take a risk together, to behave well.
So little is known about bables, of
stands how I feel about the miscarriages
And, mind you, it's not as If there
course, that it's impossible to conjecture
I had when I was trying to have a baby.
hasn't been a lot of longing on all sides
how aware Luc may have been of his
We know a lot, In other words, of each
for life to have turned out differently.
first experience of loss, never to be ver-
other's family fantasles. She knows I
And perhaps that is part of what will
balized, but it's one of the things I think
gave up smoking. I know she loves to
bind us forever: the losses that we've
about, sometimes, when I think about
swim. She knows I like to travel. I know
had, each in our own way, the families
the circumstances of his birth.
the kind of books she likes, and she
we once wanted or should have had. Not
But, of course, in many ways, he still
knows the kind of music I like. In fact,
just Angela's and mine, but Luc's, too.
has Angela. Perhaps she actually does
while she was pregnant I would send
Maybe he had a sense, right at the start,
live somehow in that Inchoate baby
her cassettes and she would put the
of this larger family, that there was not
memory. But in any event, she certainly
earphones from her Walkman on
one but two sets of eyes, smiles, arms to
lives In my memory, In the photographs
her belly, especially at night when she
hold him in a special motherly way.
I took and, of course, she lives in him,
wrote in her diary. The baby loved
It was Angela who showed me how to
In his every cell, and always will.
Mozart. How do you like that? And also
feed him and burp him. Now I always
Duke Ellington. I know Angela also
stop halfway through to burp him, Just
Marcelle Clements, a contributing editor
played him some country music, and
like she told me, even though some of
at New Woman, also writes regularly for
I'm not a big fan of country music.
the books say otherwise. It was Angela
Premiere.
One little boy
redeems his
grandmother's
legacy
of sorrow.
by Marcelle
Clements
SUNDAYS
WITH
MY MOTHER
My mother is only 89, so it's a bit early to write this: I
Come to think of it, actually, my mother has always
might have waited until her ninetieth birthday or until
had great last lines before going off to her emergencies,
her next major accomplishment. I'm sure she's got some
though I think my favorite was when I was leading her
goal up her sleeve, and once she sets her mind on some-
out of her apartment to a waiting ambulance. She was
thing nothing will deter her. These days, for instance, she's
passing a kidney stone and was in such atrocious pain that
working on a book, and I remember what she told me a
she could barely walk. But just before we reached the
couple of years ago while I was with her in yet another
door she turned to me and, suddenly finding some new
emergency room. (It was during her phase of undergoing
source of strength, said, "Don't forget-there's a whole
major emergency surgery on an average of once a year.)
chicken in the refrigerator."
She'd been hit by a truck a block away from her house, on
Well, anyway, with Mother's Day coming up and the
her way to the post office to mail some package of war-
baby due to reach his first birthday a few weeks later-al-
timelike supplies to some relative in Europe. She had a
ready!-I figure I might as well write this now so, as she
number of broken bones in her legs and hands, and we
would put it, "That way, it'll be done, and I'll be rid of it."
weren't sure what might be bleeding internally.
Mind you, it's only because it's in public in this magazine
"Don't worry," she said just before they wheeled her
and because it's Mother's Day that I'm taking such a direct
away to reset God knows what. "I'm not going to die-I've
approach. We have a major difference of opinion on the sub-
got to finish my book." Then she had a sudden grave and
ject of procrastination, as on many others. "You waste your
pensive look, as if she were going to talk to me about
energy with your indecision," my mother tells me. She hasn't
something she wanted me to remember. "Do you think
wasted a drop of energy in all these years, is my guess. You
LARA ROSSIGNOL
maybe I should switch from autobiography to fiction?"
wouldn't believe how much energy my mother still has, even
88 NEW WOMAN
MAY 1995
The author's son, Luc,
with his grandmother,
Chaja Kleinwecksler.
now that one of her greatest sorrows is that she can't lift the
her Hunter College professors a few years ago. (She was ma-
baby. And it's the low-wattage version of how she used to be.
joring in political science but plowed her way through the
In the 1950s, I remember, my father used to call her The
required English and math courses, gathering new friends in
Atomic Woman. Or, rather, La Femme Atomique, because
the various departments as she went along.)
we lived in Paris, but that's another story.
My mother insists that she has had a good life: "I was
Every Sunday we have lunch, my mother and the baby
loved," she points out. "I know what great passion is." But
and I. And, come to think of it, she's right that I should
on much of the sadder material, my mother instructs me,
be well rid of this task if it's at all true that telling helps
in case I have to finish the book by myself, to leave out
even a little bit to lessen some of this painful, wrenching
many of the really painful parts. "It's not what people want
feeling I always get when I see my mother and my baby to-
to read," she says.
gether, my mother so old and my son so young, and their
So I won't tell all of them to you either, but, trust me,
communication so perfectly direct and so perfectly loving
many of my mother's stories are unhappy. Most recently,
and so perfectly happy. It is the first time in my life that
there was my father's death and, because of the move to
I've seen my mother so happy.
America, having to live so far away from my sister Odette
There's a lot I could tell you about that, and her Polish
and her husband, Salomon, and their children and their
childhood, but that's yet another story. There are many sto-
children's children. What's left of the family-there's al-
ries in such a long life, and you may read them soon, if my
most none-is scattered. Here there's only me and, of
mother manages to finish her book despite my procrastinat-
course, her friends, her studies, her memories, her stories,
ing on having our interviews transcribed. She has already
her dead, who all live with her still, all the lives and deaths,
written a couple of hundred pages herself, encouraged by
all the old, unburied sorrows she relives daily.
D144
NEW WOMAN
MAY 1995
89
01994 EDF
Thanks to you. all sorts
SUNDAYS WITH MY MOTHER
her charm more urgent and available.
continued from page 89
After all, even though she had ended
her career as a singer, she was still a so-
of everyday products are
Even in her childhood she'd already
prano. Being a soprano is perhaps most
gotten the full quota: the crib deaths of a
of all a state of mind in both the singer
being made from the paper,
little brother and sister; the 5-year-old
and the listeners.
brother who fell out a window; the
"How I could have sung to you!" she
adored mother who died when my moth-
says to the baby every single Sunday.
plastic, metal and glass that
er was 10. The life of the household was
But if he is missing out on the big Ital-
cold and hard and her father was some-
ian arias of my own childhood, he gets
you've been recycling.
times tremendously tender, sometimes
the benefit of dozens of cheerful tunes
ferocious. "Don't say anything bad about
and ditties, most of which I had never
him," says my mother. "The Germans
heard and I would never have imagined
But to keep recycling
burned him in their ovens."
were part of her repertoire.
So I won't. He was handsome, young,
Oui, j'arrive au bon moment
working to help protect the
and by various accounts, brilliant and
J'suis content, j'suis content
highly cultivated, and he allowed my
Tous les rois ont fichu le camp
mother to take singing lessons, though
J'suis content, content.
environment, you need to
he didn't know she was planning a ca-
It's their theme song, I guess, because
reer in opera and he certainly didn't pay
she sings it to him all the time, and he
buy those products.
for her classes. She gave violin lessons
smiles as soon as she starts. It's an un-
to get through her training in the basic
translatable little song about arriving
repertoire: she had a big, lyric, soprano
just in time because all the kings have
BUY RECYCLED.
voice. And she was lucky that her father
left, and about being happy.
thought girls should be educated. The
Happy?
Jews of Radom, Poland, were very reli-
"Where did you learn that?" I ask her.
gious. Not that it necessarily did them
"Do you think I remember?" she says.
all that much good: there were 60,000 of
But she barely pauses to answer my
them before the war and I've heard that
questions. She's busy with him, and for
there were two or three left afterward.
the first time in my life she forgets to co-
Well, I guess I'll skip the war. You
erce me into eating too much, though, as
can read about it in my mother's book,
always, the heavy, white, hand-embroi-
as well as her first husband's death and
dered linen, the gold leaf china, and the
my parents' love affair. Her firstborn,
crystal wineglasses are on the table, and
AND SAVE.
Marcel, died the spring after the war,
there is a four-course meal ready for
age 19, and I was born to replace him.
me. She's on a special diet and can't eat
"Your father wanted to console me,"
anyway, she says, so she concentrates
So look for products made
my mother has always explained.
entirely on him. She is his greatest fan
But she was inconsolable. Every day,
and his chief interpreter. "He thinks
from recycled materials, and
my mother came into my room-it had
he's going to get the sounds out of my
been his room and all his books were
mouth so he can have them too," she
still there, the dark-green velvet drapes,
explains when he puts his hands on her
buy them. It would mean the
the rather austere dark mahogany desk,
lips while she is singing.
bed, armoire, and a big picture of him in
"He is trying to get the flowers," she
world to all of us.
a leather frame, which used to often
points out as he paws at the tablecloth.
scare me at night. Every morning my
She gives him everything he wants.
mother came in and kissed the picture.
"Only one cookie," I sermonize, and
For a free brochure, write
There would be her lipstick on the
she has bought him the world's most gi-
glass. She had very red lips in the 1950s
gantic cookie. She gives him the one,
Buy Recycled, Environmental
and wore rouge as well and very elegant
and when he has finished it or hurled it
dresses and amazing hats with feathers
on the floor, he looks at her, piteously
Defense Fund. 257 Park Ave.
and carried astonishing and frivolous
mewling and pleading. As she ambles
objects like Persian lamb muffs and
wavily down the hall, forgetting her
silver fox stoles and small, exquisite
cane as usual, he promptly stops the
South, New York, NY 10010,
mother-of-pearl binoculars when she
wailing and regards her retreating back
went to the opera.
with interest. She returns with some
or call 1-800-CALL-EDF.
In her unending grief, she managed
other treat, and he taps the table with
to be very beautiful. It suited her, this
both hands. "He's only lacking the
ENVIRONMENTAL
DEFENSE
EDF
sorrow, and she always attracted love
words," my mother says of his ability to
FUND
and admiration, as if the poignancy
communicate. If I leave the room for a
Public Service
of the underlying tragedy only made
Ad
moment, I often catch them upon my
Publication
&EPA
144 NEW WOMAN MAY 1995
return, irr flagrante delicto, his bib rak-
My mother gravely assents. She
Or, for that matter, in mine. Thank
ishly slung over his shoulder, as he is
brings her face nearer to his and peers
goodness it's that song he hears, and I
rummaging through the cookie box for
into his eyes and addresses him directly.
hope he remembers it so that one day
an extra cookie or (God only knows
He looks back, with that way he has of
he can recall some happy moments and
how many) several extra cookies.
looking. "Will you be a great musician
forget his own sorrows. I hope he'll
She was against the adoption at first.
or a great philosopher?" she asks him.
only have little ones, only little sorrows,
It seemed to her like the ultimate insult
The baby bursts into smiles, squeals,
in a long happy life.
among all the damages of life-her
and sweet, thrilled screeches, which
Oui, j'arrive au bon moment,
life-and all of the sorrows and ex-
seem to come as a novel and delight-
J'suis content, j'suis content.
asperation that could be provided by
ful surprise to the two ladies. Dorothy
Which reminds me that I should ask
an unruly, indecisive, and ungrateful
emits a little shriek of pleasure and my
my mother to teach me the rest of the
daughter (that's me), and she did every-
mother, peals of laughter.
words so that I won't forget them. I keep
thing she could to talk me out of it.
"Oui, mon chéri," she coos to him.
meaning to ask her but never get around
There would be no father. I would have
"Oui." And he COOS back.
to it. I should do it and be rid of it be-
no more liberty. There was the money.
And seeing what he has in her and
cause, as she would be quick to point
There were all the potential disasters.
what she has in him, I see now, I almost
out, there's not a moment to waste. How
My mother was at her most eloquently
see how it could have been, in her life.
long we wait for our happiness.
tragic. La Traviata. "But wouldn't it
make you happy to have a little child
around here?" I had asked her.
"I've already had my own children,"
she informed me.
She'd changed her mind even before
"We all say to ourselves
he arrived because of a phone conver-
'if could
sation she'd had with my sister in Paris,
in the course of which my sister had
way to exercise home,
pointed out that without a child I
that didn't take very long
would have no structure, no regular
hours. "You're right," my mother had
didn't cost an arm and
said. And that was that. (She told me
a leg, and really worked.
so, I recall, while I was waiting for her
to be wheeled into surgery for her
I'd do it in a heartbeat
emergency appendectomy last year.)
But anyway, as soon as he arrived,
Well, you know what
and she saw how Exceptional, how
you just found ECLL
Gifted, how Extraordinarily Beautiful
and Uniquely Sociable he is, there was
no more question of any ambivalence.
She keeps trying to lift him up into
her lap. "I forget," she says. "I forget
my age." But he can be placed in her
arms, and he has special sounds for her,
"So, now that you've found the HealthRider,
special coos, gurgles, squeals, raspber-
ries. "That particular scream," she says
what are you going to do about it?"
of one of his especially delighted noises,
"We're all in the same boat. We
in the world.
"I have exclusivity on that one, don't
really are. We need an exercise
Well you did-and
program that really works, but one that
it is! If you're really
I?" He generously treats us to more of
doesn't require a second mortgage on
serious about getting fit,
his repertoire. Then she announces,
the house or dressing up and spending
call HealthRider's toll free number
sotto voce, to me: "These will be his
two hours at a spa. Who has time for
immediately."
cries one day when he makes love."
that? Don't these people have jobs?
Greer Childers
And then she turns back to him.
What we need is
"Oui, mon chéri, oui."
the most efficient
Yes! I want to order my new HealthRider and
experience the benefits of total body fitness.
1-800-
0-3615
machine possible.
Or write: ExerHealth, Inc. 1276 South 500 West,
Her friend Dorothy, who sometimes
Extension 1359
One that gives us
Salt Lake City, Utah 84101 to order your HealthRider
for just $499 plus $45 shipping and handling. Or pay just $169 down and
joins us for lunch-though she's on a
maximum fat burning
4 monthly payments of only $99. Tax additional where applicable.
special diet and can't eat much-not
Please send me a free VHS video brochure.
in minimum time. One
Name (Please Print)
only approves of my mother's point of
that stretches,
Address
view but actually manages to add her
exercises and even
City
State
Zip
own fillip now and then.
tones all muscles at
Telephone (
)
"He's absolutely magnetic," Dorothy
the same time. If you
Method Of Payment:
Check
O
Money Order
Visa
MasterCard
American Express
points out with emphatic amazement.
found it, it would be
Card #
the most popular total
Exp. Date
"I can't take my eyes off of him!"
body fitness machine
Signature
HealthRider-
NEW WOMAN
MAY 1995
145
Birth
"All I want-
ed was for
Luc and
his mom to
be happy,"
says Angela
Owens.
Mother
Giving YOUR cHild TO
ANOTHER WOMAN TO Ra1se
1S more than aN acT
of Desperation. It S
an act of love.
This can't be happening. This really CANNOT be happening!
I guess it was after the holidays-when I could stay clear of
That was all I could think as I took my sixth home pregnan-
everybody-that I first thought about giving the baby up for
cy test and read the positive result. I had no morning sickness,
adoption. So I let myself relax for a while-what a joke. Just
no weight gain, no appetite change, no fatigue, none of the
when I believed everything was going to be fine, my brother de-
symptoms I had with my first pregnancy. I convinced myself I
cided to get married. In January. I was one month bigger. One
wasn't pregnant and believed it for about another month. I had
month harder to hide. As I sat there at my brother's reception
it in my head that there wasn't a baby.
he asked, "Hey, Angel, when's the baby due?" The whole table
I can't say when or why I changed my mind. Maybe it was
was staring at me, so I laughed and said, "Yeah, whatever, I'm
maternal instinct. Or maybe it was because my clothes were
not pregnant." Then I excused myself and went to the bath-
too tight. Either way I finally believed, and I was petrified. De-
room to let my unborn baby rebel at my lie. My first bout of
pressed. My husband, Steve, and I were broke. He was 19, I was
morning sickness. Perfect.
20. We both had lost our jobs, plus we were losing our apart-
I was so scared. As my husband and I moved from relative to
ment and our car. We were going downhill. Where the hell
relative, my pregnancy became very obvious. I was so worried, I
did I get off bringing another child into this mess? We were
couldn't sleep. I decided that abortion was my only option. So
barely feeding Blayne, our 9-month-old son. Where the hell
we borrowed the money and off I went to the abortion clinic.
did I get off loving this unborn baby?
I sat there upset and terrified. I don't believe in this, I kept
For the next month we kept this child a secret. As planned,
telling myself. But I was too scared to back out. I was taken to
we visited all our relatives at the holidays. What a disaster! My
an examination room and told to get undressed and lie on the
husband's grandparents asked his parents if I was pregnant.
table. Lying there, I noticed two glass jars next to me. That is
They said, "Not that we know of."
where my baby will end up! No way! I had to leave.
EVAN KAFKA
My mother cornered me in her kitchen and asked me when
The doctor walked in and asked how far along I was. He had
the baby was due. I looked appropriately horrified and said,
his hand on my abdomen, and when I answered, "About two-
"What? I'm not pregnant, I'm just gaining weight." And then I
and-a-half months," his eyebrows shot up. Just to make sure, he
sat down and tried to hide my stomach for the rest of the night.
ordered a sonogram. The doctor moved the machine away from
by Angela OWENS
103
Adoption adoption options?
toDay
me and turned the volume off. I had no idea
Public agencies are run by the local
each other out on their own-often
Tranches of states' social services de-
through classified ads. Adoptive parents
what they were seeing, but their words were
elments and mostly place children
who don't flt the traditional mold are
like music to my ears. "We are sorry, but you're
who have been abused, abandoned, or
more likely to choose this option. Why?
too far along for us to do an abortion-that is,
sphaned. There is usually only a small
Since there are so many people looking
unless you want to pay another two hundred
(if any).
to adopt, agencies tend to reject first
dollars and have the two-day procedure done."
Private agencies, which are licensed
those who are too old, have not been
Never. And so my journey began.
approved by the state, handle the
married long enough, or who do not have
I was so relieved. I knew then and there I
regest number of domestic and inter-
enough money. For Independent adop-
would give the baby up for adoption. I didn't
nuntry adoptions. Flat fees range from
tions, cost varies; adoptive parents
know exactly how to begin, but through a
8.000 to more than $20,000. Often
must pay the birth mother's legal and
birth mother chooses the adoptive
medical expenses-which can skyrock-
friend of a friend, who had gone through some-
ments. usually from a profile and pho-
et if she isn't Insured.
thing similar, I got the name and number of a
Agencies provide counseling for the
What are a birth mother's rights af-
respected adoption agency in San Antonio.
irth mothers and short-term supervi-
ter the adoption?
On my first visit there, I felt so many things. I
sion of the adoptive parents.
Technically, she has none. Once the pa-
felt worthless as a mother. Even though I was
In an independent adoption, the preg-
pers are signed-about six months lat-
sure I was doing the right thing, I was still a
mother-one who was planning to give her baby
away. I also felt unsure that anyone besides me would want my
even more. And that's exactly what I needed.
baby and love it as much as, if not more than, I would. I wouldn't
When I was six months pregnant, I had a sonogram to deter-
settle for anything less. Not even if they were millionaires. They
mine the sex of the child. The first sonogram showed we had a
had to prove to me they could handle this responsibility.
girl. I was delighted; Marcelle was satisfied. It was healthy, she
I use "they" loosely. I never actually pictured a "they." Sound
said, and that was all that mattered. I had a second sonogram at
weird? Not really. You see, I think God planned this. He knew
eight months that showed we were having a boy. Marcelle was
who would get this child. And when the time was right, God
ecstatic, and so was I.
would let me know.
He was to be named Luc Leon. That was perfect. Just like
On my second visit to the agency, my husband and I looked
Marcelle and our friendship. Yes, we are friends. Great friends.
through portfolios of adoptive parents. We looked at happily
I love her, and I love the fact that I gave her something she
married couples with good homes, substantial amounts of mon-
wanted. 1 feel as though it was meant to be. People say that they
ey, and unsure smiles on their faces. We read a few of the pro-
feel this way when they find their "perfect mate." Well, Mar-
files they wrote, but nothing clicked. I picked up the last port-
celle was meant to be my light-you know, the one that is sup-
folio. It was a picture of a woman. Only a woman. I didn't read
posed to shine at the end of the dark tunnel.
her profile, I didn't ask her name, I just said, "I want her." She
The months seemed to fly by. My due date was June 10, ex-
looked so strong and sure-not desperate like the others. She
actly one year and six months after Blayne was born. By now
seemed kind and like nothing could shock her. I knew she
my family knew of my plans to give my child up for adoption.
would never judge me.
They kept asking why-"How could you?" and "What about us,
The agency told me they would contact the woman and let
his grandparents?" Nobody ever asked if I was going to be okay
her know we had picked her.
or how I felt. Nobody asked if Marcelle was nice or if she was
Our relationship with Marcelle started right away. She called
happy. Nobody except my father.
us every week. Sometimes she called twice a week to see how
The only thing that ever came up was her religion. My father
my doctor appointments went or to tell me that she was gain-
is Catholic; Marcelle is Jewish. He said it didn't matter. If I was
ing weight too. "Don't worry," I told her, "you'll lose it after the
comfortable with the decision, he would stand by me. My sister
baby is born." We both laughed at the irony of it.
accepted it too. But my mother was a different story. She ac-
Every night I would write my feelings and dreams in my di-
cused me of doing this just to hurt her. She said that I was self-
ary. I would write how many times the baby kicked. While I was
ish. I haven't talked to her in almost a year. Maybe someday
writing, I would put headphones on my stomach SO the baby
she'll change. Maybe someday I will forget her words.
could hear the music 1 played. Duke Ellington was a favorite.
On June 10, my labor started. Right on time. I went into im-
The baby would kick and roll inside me, and a tiny foot would
mediate denial. I need more time, I thought as I tried to sleep.
poke out right under my breast. I would rub the little knot it
My husband kept saying we should go to the hospital, that we
formed and pretend I was tickling the baby's foot. I will always
should call Marcelle. But I wasn't ready. I would never be ready.
remember the feeling of that tiny foot. 1 want that child back
When I finally went to the hospital, everything went wrong.
in my body. It was the longest time I ever spent with him.
I had planned for me, Steve, and Marcelle to be in the room.
As sure as I was that I was doing the right thing, I still
But it turned into a circus. My friend went with us, as well as a
had bouts of depression. I wouldn't see this child grow up.
cousin, my mother, and my sister (at my invitation).
He would have no memory of me, of my embrace, of my
Marcelle arrived a few hours later. She and Steve went to get
love for him, of my smile or scent. But I also knew that Mar-
something to eat and came back to find Luc hanging upside
celle could and would love this child just as much, maybe
down, screaming, attached to the cord. So much for wanting
104 NEW WOMAN
MARCH 1996
adopting legally be-
about one another-how much depends
child's only parents.
on what the parties agree to (like mak-
IF room for her to change
Ing occasional phone contact or actu-
mind?
ally visiting each other's homes regu-
some states the birth
larly). The National Council for Adoption
The nurse came in and told me 1 wasn't al-
evoke consent up to ten
maintains that open adoption Interferes
lowed to let him sleep in the bed with me, as
the signs the papers. But af-
with parenting and confuses the child.
he could fall. I put him in his bed beside me; I
the only way the birth par-
Others argue that it helps adoptive par-
was tired but didn't want the nurses to take
child back Is to prove
ents feel secure that the birth mother
him. After a few minutes he woke up and
fraudulent or to find a
has thought through her decision, frees
stared at me. He looked sad. Or maybe I want-
highly publicized (and
the child from nagging questions about
ed him to look sad. Anyway, I took him out of
061) Baby Jessica case, for
his biological mother, and gives the
his bed and held him while he slept in my
birth parents won cus-
birth mother confidence in the baby's
arms. He was content. He didn't know it
the father was able
new home.
would be the last time I would hold him this
never been told
Where would I start?
If you want to put your baby up for
way. But I did. I cried for hours.
What open adoption?
adoption or If you want to adopt, call
My mother came to the hospital that night.
Only generally used to re-
the National Council for Adoption
My sister held him while my mother and I
a o arrangements In which the birth
([202] 328-1200) for more information.
talked. She told me that she had tried to find
and adoptive parents know something
Tamar Schreibman
out if she could take him from me. I told her
she was too late, that I had already signed the
papers. She insisted she could still do some-
her to be there at his birth. I wanted her there so he could iden-
thing if she had enough money. I sat there, dazed. Couldn't
tify her smell right away. I also wanted her support, and I want-
she see my swollen eyes? Why couldn't she hug me and tell
ed to be the one to hand her Luc. I wanted to show her that I
me that she loved me and Luc?
loved her and trusted her.
The next day I was discharged from the hospital. Marcelle,
After the doctor cut the cord, I held him, Steve held him,
Steve, and Nikki, the caseworker, came to see me out. I was
and my mother held him. I took him from my mother, turned
wheeled out of the hospital in a wheelchair with empty arms.
toward Marcelle, and said, "Congratulations, you have a son."
No balloons. No hint that I had a newborn son. I stared
She smiled, just a little. She looked down at him, and he
straight ahead, my eyes glued on a woman and her baby be-
wrapped his fingers around her index finger then opened
ing wheeled out. She had balloons and flowers and her baby.
his eyes. It was perfect. And for a split second I hated her. She
She was complete; I wasn't. I wanted to cry, but I had to be
would have my son. I wanted to scream. I wanted to get up and
strong. I had to get myself through all of this. I think I did a
walk out of my life. Fortunately, I was too drugged up to do
good job; in fact, I'm pretty sure of it.
any of those things.
Marcelle spent a week in San Antonio waiting for approval
I fell asleep, and when I awoke the next day, I felt relieved.
to take Luc across state lines. We spent a lot of that week to-
Marcelle and I took pictures and talked. I taught her how to
gether. Steve and I showed her the Alamo, the Tower of the
change Luc's diaper and how to feed him. We laughed at his ex-
Americas, and the Riverwalk. I loved her more each day, as a
pressions and Blayne's reaction to him. They got along famously.
person and as a mother.
It's a harsh reality from my son's point of view. At least
When she called to tell us she was leaving, I wanted to drive
Steve and I have a few precious memories to hold dear. Blayne
to her hotel and get my baby. I wanted to hold him again, to
will have none. Just curiosity and probably some anger. I will
bring him home. I ached for my baby, and I always will.
have to deal with all this when the time comes, just as Mar-
To heal myself, I went out and bought a small cedar chest. In
celle will have to deal with Luc. We have faith in each other
it I placed every piece of Luc I had: his hospital shirt, his first
to do the right thing by our children, who are brothers. Mar-
bottle, his hospital cap, and all the pictures that were taken.
celle and I decided that when the boys are old enough, they
I longed for so many things I would never have. I would nev-
could meet each other if they wanted to, and Luc could meet
er see him take his first step or hear him say his first word. There
me if he wanted to.
was a very real possibility that I would never see him in person
That night I lay in my hospital bed holding Luc and crying.
again. I really didn't know what would happen.
I told him how much I loved him. How perfect he was. I felt his
Life moved very fast. I experienced two more losses in a
skin and memorized his face, his feet, his hands, his smile. Yes,
short time. My best friend's son died at 14 months of age. One
he smiled at me. Just once.
week after that my sister's fiancé committed suicide. I had
The next day I had to sign the papers. Once the papers were
no time to mourn my own loss. I was too busy pulling every-
signed, I couldn't change my mind. I thought about the final-
body else together. All I wanted to do was sleep. I couldn't
ity of it just the same. I wanted my tiny new son to have a
move forward. I couldn't see past my pain that Blayne needed
good life. I wanted Marcelle to have this perfect child. They
me and I wasn't there.
needed each other. I needed both of them to be happy. I had
After several months I came around. At least I could hope
that power, so I signed the papers. While I was signing my
that I would see Luc again. I lived on that hope, and all my
papers, Marcelle was signing hers, and so she officially be-
hopes came true.
came Luc's mom.
Marcelle came back to San Antonio in December to fi-
After everybody left that night, I fell asleep holding Luc.
nalize the adoption. She brought Luc with her. I guess D 158
NEW WOMAN
MARCH 1996 105
Sensual
BIRTH MOTHER
Aides
continued from page 105
she thought that I could handle seeing him.
They pulled up to my apartment, and I
came down to help them carry all their
stuff in. Luc was sitting in the backseat,
TURN
wide awake. He was staring straight at me,
so I walked up to him and picked him up.
He never took his eyes off me; he gave me
BACK
the biggest smile and kicked his feet like
he knew me. I couldn't stop myself from
taking him out of the car seat so I could
hold him. I didn't want to put him down,
THE
and I didn't want to hold him too much. I
didn't want Marcelle to think I was desper-
How to order them
ate to hold him. I didn't want her to see
without embarrassment.
How to use them
CLOCK
how much pain I was in. I just wanted her
to see me happy. Don't get me wrong-I
without disappointment.
was happy. But I was also'sad. I knew they
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would leave again.
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They spent a couple of hours with me
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I went to bed that night and cried for
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I woke up full of anticipation. I was go-
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my phone started ringing, and I thought it
for replacement or refund.
would be them to tell me they weren't
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did, only to hear my sister crying. My
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and ask to have Luc back. Nor will she insist
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800-985-6657
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158 NEW WOMAN
MARCH 1996
THE NEW YORK TIMES OP-ED MONDAY, MAY 27, 1996
In America
BOB HERBERT
Turning Children's Rights Into Reality
"If we could have but one genera-
standard of living and the security of
equate care at maternity.'
Fre-
tion of properly born, trained, edu-
a stable income as the surest safe-
Hoover's goals
quent medical inspection - (a) By
cated, and healthy children, a thou-
guard against social handicaps."
family doctor (b) By school or com-
sand other problems of government
There is no controlling the ironies
munity clinic." "Rigid inspection
would vanish."
remain a dream.
when such a document emanates
and control of food and water against
Herbert Hoover said it, nearly 16
from an Administration like Mr.
infection." "Special education for
years before Bill Clinton was born.
Hoover's. The Children's Charter
[the handicapped]."
The lead story in The New York
may have championed "a stable in-
The relevant question now is how
Times of Nov. 20, 1930, opened as
Children's Charter," which had
come as the surest safeguard
to translate some of the goals estab-
follows: "Demanding 'a fair chance'
grown out of a White House Confer-
against social handicaps," but it was
lished by a conservative Republican
for every child, President Hoover
ence on the Health and Protection of
issued the same year that Mr. Hoo-
President in the first third of the 20th
called tonight for the mobilization of
Children that was convened by Mr.
ver signed the infamous Smoot-Haw-
century into a reality for children
the best thought of the nation to
Hoover in 1930.
ley tariff legislation that contributed
struggling (in some cases for surviv-
prepare a program to fit the nation's
Ms. Ward and Mr. Tuchman sent a
so mightily to the Great Depression.
al) as we approach the beginning of
youth for 'a complexity of life for
letter to me that said, in part, "This
And no sooner had the Presidential
the 21st century
which there is no precedent.''
Children's Charter, which we are en-
commission completed its work than
Marian Wright Edelman, presi-
Nearly seven decades later the
closing, stands in sad counterpoint to
its chairman, Mr. Hoover's Interior
dent of the Children's Defense Fund,
Children's Defense Fund has organ-
the current climate in American poli-
Secretary, Ray Lyman Wilbur, was
recites like a mantra some of the His
ized a rally in Washington ("Stand
tics."
issuing public statements aimed at
currently facing children. She will
for Children," Saturday at the Lin-
The charter, extremely progres-
soothing fears that the Government
tell you that every 9 seconds a child
coln Memorial) geared to essentially
sive for its time, consisted of 19
might try to do too much good. "No
drops out of school, every 14 seconds
the same end. With children still in
"rights" of the children of America.
one," said Mr. Wilbur, "should get
a child is arrested, every 15 minutès
deep trouble, and with existing serv-
Three examples:
the idea that Uncle Sam is going to
a baby dies, every 2 hours a child
ices so clearly in the sights of G.O.P.
"For every child a school which
rock the baby to sleep."
killed by a firearm, every 4 hours a
budget sharpshooters, there is no
is safe from hazards, sanitary, prop-
But whatever the shortcomings of
child commits suicide, every 7 hours
telling how many more decades this
erly equipped, lighted and ventilat-
Mr. Hoover and his times, there is
a child dies from abuse or neglecta
effort might take.
ed."
little doubt the President felt deeply
The ultimate irony related to Her-
A couple of Times readers, Judith
"For every child who is in con-
about the plight of America's chil-
bert Hoover's Children's Charter is
Ward and Bernie Tuchman, recently
flict with society the right to be dealt
dren. He helped draft the charter
the amount of energy his own party
visited the Hoover Institution at
with intelligently as society's charge,
himself, and his penciled notes on
has invested in fighting efforts to
Stanford University in Palo Alto,
not society's outcast."
society's obligations to children (ac-
improve the well-being of the na-
Calif. They came across a Presiden-
"For every child the right to
cording to an essay by Vaughn Davis
tion's children. That fight continues
tial policy statement known as "The
grow up in a family with an adequate
Bornet) included the following: "Ad-
with no sign of a letup.
In My Opinion:
Adoption Today - the truth
By Geraldine-Grena-Daneman
I have just finished reading a letter to the Edition titled "Isn't Anyone Outraged",
by C. Catherine Marangos. The real outrageousness of the letter is the misconceptions
and comparisons of adoptions today versus those of yesteryear.
I am the adoptive mother of a 2 1/2 year old son. My husband and I adopted from
a non-profit agency in Texas. We had a five month relationship with our birth mother.
She was counseled on her adoption decision with independent and group counseling
through our agency. She always knew she could change her mind. I held her hand and
spoke with her through a C-Section delivery and visited her and my son during a 5 day
hospital stay. I shared both tears of joy and sorrow with her. We spoke about her past
and future and together we faced her decision. I continue to this day to send pictures
and letters regarding our son. She was and always will be a precious part of my life for
without her, I would never be a parent. My son's birthmother gave me every bit of
information about my child's birthfather. He denied paternity, but was still informed of
the child's birth through registered letters, public notices in his local paper and given 30
days to contest the adoption. He never did.
My son's birthmother was honest and informative about my son's birthfather's
name and whereabouts.
In the cases of "Baby D" and "Baby Richard" the birthmother most likely lied
about the name, whereabouts or existence of the child's birthfather. In Baby Richard's
case, the birthmother claimed the birthfather had died. In "Baby D's" case, the
birthfather's in jail. "Baby D" was returned to his biological father at 3 1/2 years.
"Baby Richard" at 2 1/2 to his biological mother and father (they later married). The
birthmothers were not held responsible for their deceptive action.
In these cases, the courts, lawyers and judges look too long for decision of
custody to be given. In the best interest of the child, it is not taking 2-3 years to decide.
We must make laws to govern how long an adoption contestment case can take. I am
sure both cases had long complicated details, but I am not in agreement with Ms.
Marangos that biological is always better. Maybe shared or joint custody could have
been worked out or even visitation. This seems so much kinder than taking a three year
old from the only home and parents they have come to know and love. Afterall, many
children grow up with 2,3 even 4 parents in these days of divorce and step-parents. We
all make mistakes but children should not be forced to suffer because of actions of adults.
Most children today are given up for adoption because the biological parent(s)
feel they cannot give their child the life they want for them. Adoption comes from the
heart, the heart of the biological parent to the heart of the adoptive parent. They both
love very much, though very different. Together they will create and pray for the life
every child deserves.
Today there are choices. A birthparent can choose a closed adoption where no
identity is given, a semi-open adoption, where birthparents pick and choose the adoptive
couple and remain on a first name basis only and have limited contact throughout the
child's life or an open adoption, where all identities are known and contact will remain
open throughout the child's life.
The days of the orphan train are gone and non existent, Adult adopters are now
petitioning the courts for their adoption, medical and genetic records. Lawyers and
agencies are allowed to charge only fees to facilitate adoptions not to make profits. The
lawyers Ms. Marangos speaks about in her letter are corrupt and should be disbarred.
You cannot force a birthmother to sign adoption papers through threats and illegal
channels. Bad people exist in many aspects of life. I truly believe that most adoption
attorneys only operate within our legal laws.
Last of all our adoption system is not just for children without birthparents. A lot
of the children in the foster care system are from abusive or neglectful homes.
Unfortunately, due to the belief that biological is best, most of these children sit and wait
to be put on a list as an adoptable child. Some even get returned to homes where
biological parents will abuse and neglect them again.
Adoption does not exist for lawyers and agencies to make money. It does not exist
to take children forcibly from their misinformed birth parents. Adoption exists to create
families for children who need to be loved and nurtured and need to be given a stable,
loving home environment. Adoption is the fulfillment of the gift of a child to an infertile
couple or the addition to a family filled with love and comfort for a neglected child. It is
not a supply and demand business. It is a state of heart.
As an adoptive mother, I can tell you my son did not grow in my belly, but
another woman's womb. God placed him there just for me and my husband. My
birthmother told me this and I have felt him in my heart since the day he was born.
Adoption creates families, it does not pull them apart.
Leuers to the Editor
year (Moning ounty
by Dyer Communications, Inc., 3 East Front Street
Second Class postage paid at Red Bank
Not in a Vacuum
bilitate the Rullman house. Their
voidable-that is a contract to
POSTMASTER: Send address
community spirit and innovative
buy my dinette set. But. a minor
THE TWO RIVER TIMES. 3 EAST FRI INT STREET
To the Editor:
ideas are remarkable. How can
may sign away an infant, without
the borough council ignore the
(An open letter to Red Bank
counseling or representation,
sincerity and generosity of SO
Mayor McKenna)
without a parents co-signature.
I the article by
many people willing to donate
Green For A I)
Thank you very much for your
The minor's relinquishment or
their labor to enhance the whole
Lenape Woods
long letter of March 27, 1997 con-
her own child may not be voided.
R7) should be
concept of the Riverside Gardens
cerning the fate of the Rullman
Park? The talent and will are
As an attorney I may not rep-
Presented on this week's OpEd
natural wonder
House. I was most impressed that
resent a mortgage company with-
there. It just needs to be matched
page are opposing views on the
levelopers. As
you took the time and thought to
out making sure tat the borrower
by the leadership of Red Bank.
state of the environment in the
dening section
respond to my letter to .you. It's.
has his or her own legal counsel.
immediate wake of the 27th
Times stated:
been my experience that most
There is ...unique. opportunity
I cannot put a mere mortgage on
here to act for the best long-term
Annual Earth Day observi.
find high hills
public officials, if and when they
someone's home without advis-
in laurel, dog-
interest of the borough, and yes,
vance. While numerous
do respond. do SO in the most brief
ing them of their right to their
valeas so close
the surrounding community.
grassroots activities took
and superficial manner. I am
own independent counsel. Isn't
Mary Lou Strong
place over this past weekend
nswer is there
appreciative of your effort to
anyone outraged that I can take
Middletown Township
(Earth Day itself was
dong Route 36
explain your position regarding
away someone's flesh and blood
Tuesday), in general the day
other. It is the
the Rullman House.
forever without ensuring that
was marked by apathy.
the bayshore
However, I feel that you need to
Isn't Anyone
amount of protection?
We watch as Earth Day
understand that Red Bank doesn't
The focus of the adoption sys-
becomes an ever-larger band-
attach is the
exist by itself in a vacuum. We
Outraged?
tem is to provide babies for peo-
wagon for corporations, many of
res of rolling
silent shoppers may not be resi-
ple who want to adopt. It's really
whom are chronic polluters, to jump
Route 36,
dents of Red Bank. but we are
a matter of supply and demand,
To the Editor:
upon. And we wonder: are we delusional
Middletown
indeed helping to pay the taxes
not "the best interest of the
enough to believe them; have we become such
oard gave pre-
with every cent we spend in Red
child." Agencies and lawyers
for the build-
Isn't anyone outraged that an
that we will let them get away with anything?
Bank stores. It seems to me that
earn no fees without relinquished
infant can be turned over to total
Governor Whitman must think so. She has
to seven sto-
the continued commercial success
babies. I have been told of coer-
story build-
strangers without anyone telling
of Red Bank is very dependent
cive practices used to get the
vate industry to monitor itself. It is a plan that WOT
the father?
foxes guard the hen house - if one doesn't care
this high rise
upon people who live outside the
birthmother's signature to relin-
Isn't anyone upset that foster
As the OpEd piece written by the director of
low income
borough who come to Red Bank to
quish such as: "It's illegal for you
parents (no legal adoption took
at Washington, D.C.-based Citizens for a Soum
od 33 living
shop. Many of us care very deeply
to take the baby home unless you
place) can use the courts thwart
clear, (though perhaps not entirely intentionall
mildable acres.
about the future of the borough.
pay the hospital bill first," and
here is a need
a birthparent's legal right to his
more important than the environment. Unfortuna
We could just as easily go to the
This signature is just for foster
child for years of a baby's life.
"green for a day" mentality of too many disinter
11 housing in
Grove, the Monmouth Mall, or any
care until you can pay the bill.?
Isn't anyone angry that
author is just about right. Too many people are
a complex of
number of bland, featureless dis-
No parental relinquishment
Trenton gives me legal rights to
economics than with clean water and clean air. The
this environ-
count malls. But Red Bank has
should be legal without indepen-
The answer
signers of contracts to buy
something unique to offer, the van-
dent legal representation. Babies
ishness for which we all at sometime will dearly
dinette sets than to mothers of
sentimental tree-huggers? We call it common sens
using credits
ishing old-fashioned ambiancy of
are more important than home
babies?
It"is true that much progress has been made
would gain
the traditional small- Down
equity loan and dinette sets.
There is a lot of misguided
Day in 1970. New Jersey today is a model to emulate
this complex!
town, and the (Vige)
Every adoption takes place
chatter about Judge Helen Hoens
recycles some 60% of in-state garbage. The spectac
given to the
offered by many Red Bank
under a virtual 'gag order.'
decision returning Baby D to his
ery facility" at the Monmouth County Reclamation
hoods where
chants. We should NOT beftrented
Adoptions are generally complet-
biological and lawful father.
Falls (see next week's TRT) will utilizé methane,
into the land-
like carpet baggers whose Opin
ed in a single closed hearing-
Yes, I do remember Baby
(once burned off as waste), to convert to electricity
ted by large
ions don't matter.
the press and the public are
Jessica. Newsweek reported, 3-21-
And, thanks to the relentless efforts of local org
I would like to point out that
excluded. The birthparents of the
94, that Anna Jacqueline Schmidt
Clean Ocean Action, the Baykeeper, the Littoral Soci
oncerns, left
when Mrs. Margaret Rullman
child are given no notice nor
is happy and content one year
oceans and beaches are cleaner than they were in
eject, are the
died, she left her house and prop-
opportunity to be heard, the child
after being returned to her
dramatic improyement in the quality of the Navesin
hood groups
has no independent counsel.
erty to her son, as most parents
biological family,
Rivers, too to the extent that shellfish beds have
the Lenape
do. It was not Mrs. Rullman who
As an adoptee I know first
:also.remember the roots of
the Oceanic Bridge for the first time in nearly 30
pose this pro-
hand what it is like to be turned
sold it. It was her son who made
The adoption system in America:
due local water monitoring groups, the state DEPE.
dition will be
the decision not to relocate, and
over to strangers, to lose both
the Orphan Train. Tens of thou-
Frank Pallone, and increased awareness of our
the Lenape
who subsequently sold the
parents, medical history, extend-
sands of New York City kids were
about by events that include the annual Navesink
on's children
The Rullman house has longobeen
ed family, cultural and genealogi-
sent to homes in the West. They
Festival slated for Red Bank's Marine Park June 22
recognized by preser
cal heritage. Under the closed
were removed from their families
It is true also that much 100 much is being
1sh, President
records system this loss is forev-
a significant structure In Red
among "the dangerous classes of
this awareness and progress.
110 Highlands
Bank's streetscape, and is listed in
er. Do any of you in the editorial
New York" (to quote Charles
As Assemblyman Bob Smith notes in his
Association
the Monmouth County istoric
department know that pain?
Loring Brace) by his organiza-
Whitman has slashed the state's Department
Sites Inventory: Sooner or later the
Neither of my parents had the
tion, the Children's Aid Society
Protection budget by 30%; abolished the state
borough council is going to have
fortitude to do what Baby D's
(and others, including the
Laboratory: aboli: hed the office of the Environme
father is doing, though our sepa-
to recognize the spe-
Catholic Sisters of Charity). It
reduced anticipated fees for industrial pollution by
ration through adoption caused a
cial nature of Red
was seen as being in the best
pollution sampling of New Jersey air; and has proper
Bank, that it is a
great deal of pain to us and rip-
RECEPTIONIST
interests of these children to
current, pollution-oriented enforcement of water polhi
pled through our families.
threatened
remove them from their Italian,
Citizens for a Sound Economy, content with the
As a mother of three I fear a
ACCOUNTANT
resource of his-
Irish and Jewish families and
tus quo. asks why some people are still fearful of
system that, takes children away
toric buildings.
send them west to work and learn
answer," the organization writes, "may rest with
from their families because there
Is the future of
English.
movement itself. As challenges are met in one area
SECURITY
are people who may believe they
Red Bank to
movement. for its own survival, had to find new
Is the public aware that when a
would be better parents. Young
look like the
birthmother signs relinquish-
surprise of most experts, we have been told that
PRESIDENT
lives are not commodities.
sterile anony-
in fact, still very harmful."
ment papers as early as three
The Racks, like the DeBoers,
It is?
mous design of the
days after childbirth, she is given
chose to ignore the genetic and
City Centre?
no legal representation and of
According to statistics reportedly from
Red Bank is so fortunate that
legal bond between a parent and
office. 75% of our freshwater rivers and streams fail
independent counseling. It is an
child. From the time Baby D was
there is a large
uninformed consent-no one will
itary quality safe for swimming: 65% are SO polluted
ten months old, the Racks, whose
group of citizens
tell her what most birthmothers
support a healthy aquatic community; and 100% of the
application to adopt had not yet
who care, and
uated were found to be either threatened or in an
experience after relinquishment.
bee ruled upon, have engaged in
who came
water quality.
She is given no hearing.-H
court battles that have robbed
forward at a
parental rights are terminated—
Are the experts surprised by this, too? Are you?
this child of years with his lawful
recent coun-
even if no one ever adopts her
We cannot rest on our environmental-progress law
family. There are children who
cil meeting
child. She is never informed if
allow our political leaders to ignore their constituent
SELF EMPLOYED
have no parents and who would
with such an
selves with big business, and assume that we are
her child is ever adopted, or even
ANY HATS
benefit from adoption. That is not
impressive,
thetic to see through their facades.
if the child is alive or dead.
this case.
workable
As an attorney I know that a
For what good is a sound economy to our children
C. Catherine Marangos
plan to reha-
et is not a healthy place for them to live?
contract signed by a minor is
Fair Haren
^ fourth-grader could tell you that. One told us
749-2625
PHYLLIS L. LaBELLA, CSW
Board Certified Diplomate
in Clinical Social Work
(NYS Certification #PR 015507-1)
(NJ License #SC 00809)
792 Columbus Avenue, Apt. 11-0
19 East 88th Street, Suite 1-D
New York, New York 10025
New York, New York 10128
Tel. #: 212/663-8613
Tel. #: 212/987-0077
Fax #: 212/749-2625
OUALIFICATIONS
Master of Science Degree is Social Work from Columbia University;
Certificate in Psychoanalytic Psychotherapy from Washington Square
Institute; Clinical Diplomate and Past First Vice President of New
York State Society of Clinical Social Work Psychotherapists; Past
President of the Metropolitan Chapter of the New York Society of
Clinical Social Work Psychotherapists; Consultant, Field
Representative and Lecturer for Adoption Services Associates (a
Texas based adoption agency licensed in New York, New Jersey, and
Connecticut), The New York Office of Heart of America Adoption
Center (a Kansas based adoption agency licensed in New York),
Consultant to various Adoption Agencies, Adoption Attorneys,
Adoption Groups and Infertility Groups.
PROFESSIONAL MEMBERSHIPS: Clinical Diplomate and Past First Vice
President of the New York State Society of Clinical Social Work
Psychotherapists and Past President of its Metropolitan Chapter;
Clinical Diplomate and Member of the National Association of Social
Workers, Board Certified Diplomate in Clinical Social Work,
(American Board of Examiners in Clinical Social Work). The
Committee on Psychoanalysis of the National Federation of Societies
of Clinical Social Work; National Registry of Health Care
Providers; American Orthopsychiatric Association; American
Anorexia/Bulimia Association, Inc.; Columbia University School of
Social Work Alumni Association; North American Council on Adoptable
Children; Adoptive Parents Committee; National Infertility Network
Exchange (NINE) ; The Resolve Infertility Group; Stars of David
Adoptive Parents Group; Concerned Parents for Adoption; Families
with Children from China; and Founding Member of Birthright, Inc.
Twenty-five years of experience in the adoption field as
consultant, lecturer, counselor and psychotherapist dealing with
the multiple aspects of infertility, the adoption triad (birth
parents, adoptive couples and adoptees), and all phases of the
adoption process and child rearing. Extensive public speaking
before various self-help groups dealing in infertility, adoption,
and/or child rearing, as well as at local, national and
international adoption conferences. Appearances on local and
national television and local radio. Extensive experience in doing
custody evaluation, as well as giving expert witness testimony in
court cases.
PHYLLIS L. LaBELLA, CSW
Board Certified Diplomate
in Clinical Social Work
(NYS Certification #PR 015507-1)
(NJ License #SC 00809)
792 Columbus Avenue, Apt. 11-0
19 Bast 88th Street, Suite 1-D
New York, New York 10025
New York, New York 10128
Telephone: 212/663-8613
Telephone: 212/987-0077
Fax #: 212/749-2625
EDUCATION
Certificate in Psychoanalytic
Washington Square Institute
Psychotherapy (1977)
for Psychoanalytic Psychotherapy
(New York City)
MSSW (1974)
Columbia University School of
Social Work
Casework/Group Work
BA (1972)
City College of the City
University of New York
Major: Psychology
Minor: Sociology
HONORS
Columbia University Tuition Grant, Veterans Administration Training
Grant, Honor Society of City College
PROFESSIONAL EXPERIENCES
1978 to Present
Private practice in Psychoanalytic
Psychotherapy
1972 to Present
Twenty-five years of experience in the
adoption field as consultant, lecturer,
counselor and psychotherapist dealing with the
multiple aspects of infertility, the adoption
triad (birth parents, adoptive couples and
adoptees), and all phases of the adoption
process and child rearing. Extensive public
speaking before various self-help groups
dealing in infertility, adoption, and/or child
rearing, as well as at local, national and
international adoption conferences.
Appearances on local and national television
and local radio. Extensive experience in
doing custody evaluations, as well as giving
expert witness testimony in court cases.
January 1992 to
Appointed to serve on the New York State Task
December 1993
Force on Waiting Children, which had as its
fundamental premise that every child has the
right to a stable and permanent home as soon
as possible. The objective of the Task Force
was to examine and make recommendations as how
best to facilitate the adoption process. The
Task Force served a two year term.
1995 to Present
Founding member of Birthright, Inc. The
intention of our organization is to broaden
the context of the term "family". It has many
variations and is formed in many different
ways. The one thread that unifies them is
that they are all based on unconditional love.
We want to promote and legitimize the concept
of families formed through varied means:
Adoption
Single-parent families
Step-children
Children from second marriages
Ethnically and racially mixed families
Gay parenting
Our ways of achieving goals is building a
strong organization of supportive families
dedicated to enlightening the public. Working
with influential individuals connected with
the White House, the entertainment world,
legislators, and educators to make sure that
laws protect and advocate children's rights.
Working closely and passionately with the
press and media through interviews, television
shows, seminars and conference exposure. The
purpose is ultimately to change the stigma
attached to birthmothers, children and parents
in adoptive families.
1985 to Present
Consultant, Field Representative and Lecturer
for Adoption Services Associates (a Texas
based adoption agency licensed in New York,
Connecticut, and New Jersey).
1994 to Present
The New York Office of Heart of America
Adoption Center (a Kansas based adoption
agency licensed in New York).
1980 to Present
Active in adoption work, and as a
psychotherapist specializing in pre and post
adoption counseling and family therapy, and as
a Home Study Specialist.
1984 to Present
Clinical Supervision of psychotherapists in
private practice.
1984 to 1986
Clinical Supervision of psychotherapists in
psychoanalytic psychotherapy at the Bronx
Center for Community Services, Bronx, New
York.
July 1974 to
New Home Guild, 150-20 88th Street, Howard
June 1981
Beach, New York 11414. Long term individual,
marital and family psychotherapy with varied
age ranges and diagnostic categories.
November 1975
Queensborough Community College, Bayside,
July 1976
New York. Counselled a variety of students of
all ages and backgrounds (including veterans)
regarding studies, program selection, personal
problems, housing, etc; collateral field work
attending veterans organizations and American
Legion meetings, researched and wrote a
Veterans Handbook which included information
on services available to veterans and their
families (i.e. housing, social security,
Medicaid, medical and dental coverage,
education, mental health services, job and
school information).
June 1974 to
McMahon Services for Children, 1011 First
November 1974
Avenue, New York, New York. Caseworker and
group worker. Ran groups for Agency Operated
Boarding Home Housemothers, foster mothers and
foster children, intensive counselling with
birthmothers and birthfathers, house-parents,
adopted children and foster children; worked
cooperatively with community resources and the
schools; supervised several workers regarding
adoption (home studies, adoption law, etc.)
September 1973
Veterans Administration Psychiatric
May 1974
Outpatient Division, New York City. Field
Placement/Second year internship. Long and
short term casework and group work with Viet
Nam Era, Korean and World War II veterans,
marital counseling, and family therapy, intake
interviews, concrete services.
September 1972
Spence-Chapin Adoption Services, 6 East 94th
Street, New York City. Field Placement/First
year internship. Intensive counseling with
birth mothers, foster parents and adoptive
parents; liaison to community resources and
the schools; handled selected adoption
situations of a special nature (home studies,
analysis, working through feelings regarding
relinquishment by birth parents, and adoption
of children from varied cultural backgrounds)
Full time employment after completion of field
placement (May to September 1973)
PUBLIC SPEAKING ENGAGEMENTS
Topics related to:
Infertility
All phases of the adoption process
Anxiety
Depression
Employment pressures (i.e. ethics, stress management)
Addictions
Health problems
Marital discord
Eating disorders
Childhood trauma
Incest survivors
Speaking engagements:
Numerous workshops, meetings, and annual conferences of:
The North American Council on Adoptable Children (NACAC)
throughout the United States and Canada
American Adoption Congress Annual Conferences
Adoptive Parents Committee (APC), a New York/New Jersey
support group
Resolve, an infertility group
Stars of David, a support group of adoptive couples on the
multiple aspects of infertility, adoption and child
rearing
Families with Children from China
Concerned Parents for Adoption, a New Jersey support
group of adoptive couples on the multiple aspects of
infertility, adoption and child rearing
PROFESSIONAL MEMBERSHIPS
Clinical Diplomate, Fellow and Past First Vice President of the New
York State Society of Clinical Social Work Psychotherapists and
Past President of its Metropolitan Chapter; Clinical Diplomate and
Member of the National Association of Social Workers, Board
Certified Diplomate in Clinical Social Work, (American Board of
Examiners in Clinical Social Work)
The Committee on
Psychoanalysis of the National Federation of Societies of Clinical
Social Work; National Registry of Health Care Providers; American
Orthopsychiatric Association; American Anorexia/Bulimia
Association, Inc. i Columbia University School of Social Work Alumni
Association; North American Council on Adoptable Children; Adoptive
Parents Committee; National Infertility Network Exchange (NINE) ;
The Resolve Infertility Group; Stars of David Adoptive Parents
Group; Concerned Parents for Adoption; Families with Children from
China; and Founding Member of Birthright, Inc.
REFERENCES FURNISHED UPON REQUEST
COMMONWEALTH OF MASSACHUSETTS
DIVISION OF REGISTRATION
BOARD
IN SOCIAL WORK
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LIC INDEP CLIN SOCIAL WORKER
ISSUES THIS LICENSE TO
TYPE
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792 COLUMBUS AVE APT 11-0
NEW YORK
NY 10025
FOR PRACTICE IN NEW JERSEY AS A(N) LIC CLINICAL SOC WORKER
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08/31/98
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that The
DIRECTOR
Fax (212) 749-2625
/
PHYLLIS L. LABELLA, CSW, BCD
PSYCHOTHERAPIST
|
19 East 88th Street
Suite 1-D
Hours By Appointment
New York, NY 10128
(212) 987-0077
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DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
List of Participants - Adoption Meeting (partial) (2 pages)
08/02/1996
b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Melanne Verveer
OA/Box Number: 20017
FOLDER TITLE:
Adoption [Folder 1] [1]
2013-0534-S
ry1530
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Adophor
LIST OF PARTICIPANTS
ADOPTION MEETING
8/2/96 9:15 am
MAP ROOM
Michael Barr
(b)(6)
[001]
Ms. Mary M. Bellor
(b)(6)
Ms. Ellen Block
(b)(6)
Ms. Barbara B. Blum
(b)(6)
Lois Brown
(b)(6)
Mr. Calvin Cafritz
(b)(6)
Ms. Nancy M. Daly
(b)(6)
Christine Ellertson
Passholder
Tom Freedman
(b)(6)
Ms. Jan Meffner
(b)(6)
Lyn Hogan
Passholder
Olivia Golden
(b)(6)
Wendy Jacobson
(b)(6)
Ms. Carol Larson
(b)(6)
Mr. Theodore E. Lobman
(b)(6)
Mr. Michael Levine
(b)(6)
Ms. Ruth. Massinga
(b)(6)
Mr. Douglas W. Nelson
(b)(6)
Ms. Susan Notkin
(b)(6)
Ms. Julie L. Rogers
(b)(6)
Mr. Robert Rogers
(b)(6)
Mr. Leonard Smith
(b)(6)
Mr. Paul Vander Velde
(b)(6)
Ms. Kathy Whelpley
(b)(6)
Caro
Wendy Williams
(b)(6)
fill adgition
September 23, 1997
MEMORANDUM
TO:
Hillary Rodham Clinton
FROM:
Nicole Rabner, Jennifer Klein
cc:
Melanne Verveer
RE:
Tomorrow's Meeting on Adoption
The purpose of tomorrow's meeting is to be briefed by HHS on the recently introduced Senate
child welfare bill and explore Administration strategy. We participated with HHS in a briefing
by key staff of Senators Rockefeller and Chafee on the PASS Act, and they expressed an
eagerness to work with the Administration. Rockefeller and Chafee plan to hold a one-day
Finance Committee hearing on the bill on October 8th, and hope that it goes directly to the floor
for speedy passage. They urged our support.
As you know, the other important purpose of this meeting is to speed up what might otherwise be
a lengthy Administration review.
Background
As you know, on Thursday, September 18, a bi-partisan group of Senators -- including Senators
Rockefeller, Chafee, Craig, Jeffords, Dewine, Bond, Coats, Levin and Landrieu -- announced an
agreement on child welfare legislation, called the Promotion of Adoption, Safety and Support for
Abused and Neglected Children Act (PASS). The PASS Act represents the Senate version of the
House adoption legislation which passed this past Spring, which the Administration endorsed.
Through the Spring and Summer, Rockefeller had prevented speedy Senate consideration of the
House bill, in order to work on more ambitious Senate legislation. The PASS Act incorporates
many elements of the Administration's Adoption 2002 initiative, including the principle of health
and safety for children in foster care, financial incentives for states to meet adoption targets,
clarification of the "reasonable efforts" standard, and shortened waiting times for children in
foster care. The PASS Act also includes other measures, including judicial reforms and health
coverage for special needs children who are adopted (effectively de-linking adoption assistance
from IV-E eligibility).
Unlike the House bill, the Senate Act, as you know, has budget implications (roughly estimated
at $2.4 billion, althought CBO has not yet scored the bill), paid for by savings from "cost-
allocation" -- ensuring that states do not shift TANF administrative costs to other federal
entitlement programs, such as Medicaid and food stamps. The Administration has been on record
as supporting some version of cost allocation. As you might suspect, however, there are many
competing causes trying to capture this pot of savings (for instance, Agriculture research
spending). Rockefeller's argument is that if we are going use this savings for something, it
should be for measures that re-invests in this same population.
Attached please find a one-page description of the PASS Act, the Congressional Research
Service side-by-side of the introduced legislation from the House and Senate, and the PASS
legislation, as introduced on 9/18/97, as well as the Adoption 2002 report.
Meeting Participants
The First Lady
Melanne Verveer
Bruce Reed
Elena Kagan
Gene Sperling
Janet Murguia
Jennifer Klein
Nicole Rabner
OMB TBD
Donna Shalala
Olivia Golden
Rich Tarplan
Mary Burdette
Promotion of Adoption, Safety and Support for Abused and Neglected Children Act
(PASS)
The result of a comprehensive bi-partisan effort on behalf of children and families, the purpose
of PASS is to promote adoptions and safety for abused and neglected children by clarifying
that a child's health and safety are the paramount considerations when a state makes any
decision concerning the well-being of a child in the foster care system.
1.
PROMOTES ADOPTIONS
Rewards States that increase adoptions with bonus of $2000 for adoptions of
foster children and $4000 for adoptions of children with special needs
Requires States to use "reasonable efforts" to move eligible foster care children
towards safe adoptions
Promotes adoption of all special needs children and ensures health coverage for
special needs children who are adopted
Breaks down unnecessary geographic barriers facing adoptive families
Requires States to document and report adoption efforts
II.
ENSURES SAFETY FOR ABUSED AND NEGLECTED CHILDREN
Ensures that health and safety are paramount concerns when a State determines
placements for abused and neglected children
Adds "safety of the child" to every step of the case plan and review process
Requires criminal records checks for all foster and adoptive parents
Allows children to be freed for adoption more quickly in extreme cases such as
murder or severe abuse by their parents
III.
ACCELERATES PERMANENT PLACEMENTS
Cuts by 1/3 the time a child must wait for a plan to achieve a safe and
permanent home
Requires states to initiate court proceedings to free a child for adoption once
that child has been waiting in foster care for one year or more
Gives judges the discretion not to initiate legal proceedings in special
circumstances such as when a child is safely placed with loving relatives
Shortens a child's wait for adoption by allowing states to develop a standby
(or concurrent) permanency plan
Prevents long, legal delays through the appeals process
IV,
INCREASES ACCOUNTABILITY AND REFORMS
Establishes new outcome measures to monitor and improve state performance
Requires states, for the first time, to document child-specific efforts to move
children into adoptive homes
Introduces innovation grants to reduce backlogs of children awaiting adoption
Strengthens and integrates substance abuse treatment with protections for
children
Continues investments in strengthening families at the community level
Establishes a plan for public oversight of suspicious child deaths
PASS Act language
September 18, 1997
CONGRESSIONAL RECORD-SENATE
S9645
would support an expanded harvest
The legislation before us today fo-
The PASS Act seeks to shorten the
level. However, New England's past has
cuses on the actions needed to safe-
time a child must wait to be adopted,
taught us that in an unregulated envi-
guard the Atlantic herring and mack-
all the while ensuring that wherever a
ronment, this current healthy condi-
erel fisheries. However, I look forward
child is placed, his or her safety and
tion could rapidly be reversed. Given
to the broader debate. By the prompt
health will be the first concern.
the present lack of a Federal fishery
enactment of this legislation I hope we
The PASS Act also contains impor-
managément plan for herring and ques-
can contribute to that debate and
tant new financial incentives to help
tionable scientific information on the
begin to shift the national example
these children find adoptive homes.
status of the stocks, the uncontrolled
by New England fisheries from one of
State agencies will receive bonuses for
expansion of this fishery could have
overfishing and painful rebuilding to-
each child that is adopted, and families
devastating consequences.
ward one of conservative management
who open their hearts and their homes
We need to slow down·the increase in
that is successful in preserving both
to these children will be eligible for
fishing power entering the herring fish-
the fishermen and the fish.
Federal financial assistance and Medic-
ery. and we need to give the New Eng-
ar
aid coverage for the child.
land- Council the time to develop a
By Mr. CHAFEE (for himself, Mr.
al
I believe the PASS Act is a good bi-
thoughtful Federal management plan
CRAIG, Mr. ROCKEFELLER, Mr.
partisan, compromise package. The
for herring that responds to local inter-
JEFFORDS, Mr. DEWINE, Mr.
sponsors of this bill have worked hard
ests and needs. While I had hoped that
COATS,
Mr.
BOND,
Ms.
to come together in support of a child
the council and the Secretary of Com-
LANDRIEU, and Mr. LEVIN):
welfare reform bill. And we expect this
merce would be able to accomplish
S. 1195. A bill to promote the adop-
new, revised legislation to move quick-
these goals through the process estab-
tion of children in foster care, and for
lished by the Magnuson-Stevens Act
ly through the Senate, as the Majority
and other fishery laws, it has become
other purposes; to the Committee on
Leader has indicated that adoption leg-
Finance.
clear in recent weeks there we must im
islation is one of a select few priorities
pose temporary legislative safeguards
THE PROMOTION OF ADOPTION SAFETY AND SUP-
to be dealt with before expected ad-
PORT FOR ABUSED AND NEGLECTED CHILDREN
until that process is complete.
journment in early November.
ACT
But the real reason we need to move
The bill which Senators SNOWE, KEN
to
Mr. CHAFEE. Mr. President, I am
NEDY, and I are introducing today, the
this bill is not because of legislative
North Atlantic Fisheries Resource Con-
pleased to introduce the Promotion of
haste. It is because each passing day
servation Act, provides those safe-
Adoption, Safety and Support for
we do not act to bring hope and relief
guards. First, by September 30, 1998,
Abused and Neglected Children Act,
to abused and neglected children is a
the New England and Mid-Atlantic
the so-called PASS Act. This legisla-
dark day for Congress and the Nation.
Councils and the Secretary of Com-
tion will make critical reforms to the
Finally let me thank my friend JAY
merce are required to develop and im-
Nation's child welfare and foster care
ROCKEFELLER, who has worked so tire-
plement both a fishery management
system and will go a long way toward
lessly on these issues and whose leader-
plan for herring and a plan amendment
improving the lives of the hundreds of
ship was key to this bill. I also want to
for Atlantic mackerel. Second, a fish-
thousands of abused and neglected chil-
pay special tribute to LARRY CRAIG-
the
ing vessel that is longer than 165 feet
dren across America. These are chil-
without his commitment to these chil-
the
or has engines that exceed 3,000 horse-
dren without a safe family setting.
dren this agreement would not have
power is prohibited from harvesting ei-
They are children who face abuse and
been possible. I am proud of this bipar-
ther herring or mackerel until the
neglect every day of their lives. They
tisan effort, and I hope all of my col-
of
councils and the Secretary have ad-
are America's forgotten children. And,
leagues will support this measure. I
dressed the potential impact of such
all too often, they are children without
ask unanimous consent that the full
vessels in the management plan.
hope.
text of the legislation be printed in the
While the provisions of the North At-
This chilling picture has brought the
RECORD.
lantic Fisheries Resource Conservation
sponsors of this bill together to take
There being no objection, the bill was
to
Act are specific to two Northeast fish-
immediate action. The goals of the
ordered to be printed in the RECORD, as
eries, the issues which they address
PASS Act are twofold: to ensure that
follows:
should become part of a broader na-
abused and neglected children are in
S. 1195
tional policy debate about our vision
safe settings, and to move children
Be it enacted by the Senate and House of Rep-
for
for the American fishing industry in
more rapidly out of the foster care sys-
resentatives of the United States of America in
the 21st century. For over two decades,
tem and into permanent placements.
Congress assembled,
our fishery policies have focused on
While the goal of reunifying children
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
two goals: conservation and manage-
with their biological families is laud-
(a) SHORT TITLE.-This Act may be cited as
ment of U.S. fishery resources and de-
able, we should not be encouraging
the "Promotion of Adoption, Safety, and
States to return abused or neglected
Support for Abused and Neglected Children
velopment of the domestic fishing in-
(PASS) Act"
dustry. We have succeeded beyond our
children to homes that are clearly un-
For
(b) TABLE OF CONTENTS.-The table of con-
expectations in achieving the second
safe. Regrettably, this is occurring
tents of this Act is as follows:
goal of developing the U.S. fishing in-
under current law.
in
Sec. 1. Short title: table of contents.
dustry. I am optimistic that the Sus-
About 500,000-half a million-abused
TITLE I-REASONABLE EFFORTS AND
tainable Fisheries Act will move us to-
or neglected children currently live
the
SAFETY REQUIREMENTS FOR FOSTER
ward achieving the first goal of im-
outside their homes, either in foster
CARE AND ADOPTION PLACEMENTS
proving conservation and management.
care or with relatives. In Rhode Island
Sec. 101. Clarification of the reasonable ef-
With the achievement of those goals,
alone, there are nearly 1,500 children
forts requirement.
the
however, come new questions. What do
who have been removed from their
Sec. 102. Including safety in case plan and
we want our fishing industry to look
homes and are in foster care. The
case review system require-
like in the years to come? What should
Rhode Island Department of Children
ments.
off
and Families has an active case load of
Sec. 103. Multidisciplinary/multiagency
we as a nation do to preserve tradi-
pri-
child death review teams.
tional coastal communities centered
about 7,700 children who have been
Sec. 104. States required to initiate or join
on small-boat fishermen? What restric-
abused or neglected.
proceedings to terminate paren-
tions if any should be placed on enor-
Many of these children will be able to
tal rights for certain children
mous factory trawlers? In New Eng-
return to their parents, but many will
in foster care.
land, these large ships conjure up
not. Too often, children who cannot re-
Sec. 105. Notice of reviews and hearings; op-
en
memories of foreign factory trawlers
turn to their parents wait for years in
portunity to be heard.
foster care before they are adopted. In
Sec. 106. Use of the Federal Parent Locator
of
vacuuming up and destroying U.S. fish-
Service for child welfare serv-
ery resources in the days before the
today's child welfare system, it has be-
ices.
Magnuson-Stevens Act. Are such ships
come a lonely and tragic wait with no
her
Sec. 107. Criminal records checks for pro-
that
an appropriate element in other U.S.
end. To us, that is an unacceptable way
spective foster and adoptive
fisheries?
of life for any child to have to endure.
parents and group care staff.
S9646
CONGRESSIONAL RECORD-SENATE
September 18, 1997
"(IV) committed a felony assault that re-
suspect that the child death was caused by,
Sec. 108. Development of State guidelines to
ensure safe, quality care to
sults in serious bodily injury to the child or
or related to, child abuse or neglect; or
another child of the parent;
"(B) the child who died was a ward of the
children in out-of-home place-
"(ii) if a court of competent jurisdiction
State or was otherwise known to the State
ments.
Sec. 109. Documentation of efforts for adop-
determines that returning the child to the
or local child welfare service agency.
tion or location of a permanent
home of the parent would pose a serious risk
"(2) A child death review team established
home.
to the child's health or safety (including but
in accordance with this subsection should
TITLE II-INCENTIVES FOR PROVIDING
not limited to cases of abandonment, tor-
have a membership that will present a range
PERMANENT FAMILIES FOR CHILDREN
ture, chronic physical abuse, sexual abuse, or
of viewpoints that are independent from any
a previous involuntary termination of paren-
specific agency, and shall include representa-
Sec. 201. Adoption incentive payments.
tal rights with respect to a sibling of the
tives from, at a minimum, specific fields of
Sec. 202. Promotion of adoption of children
expertise, such as law enforcement, health,
child); or
with special needs.
"(111) if the State, through legislation, has
mental health, and substance abuse, and
Sec. 203. Technical assistance.
specified cases in which the State is not re-
from the community.
Sec. 204. Adoptions across State and county
quired to make reasonable efforts because of
"(3) A State child death review team
jurisdictions.
serious circumstances that endanger a
shall-
Sec. 205. Facilitation. of voluntary mutual
"(A) provide support to a regional or local
child's health or safety;
reunions between adopted
"(D) if reasonable efforts to preserve or re-
child death review team;
adults and birth parents and
unify a family are not made in accordance
"(B) make public an annual summary of
siblings.
with subparagraph (C), and placement with
case findings;
Sec. 206. Annual report on State perform-
either "parent would pose a serious risk to
"(C) provide recommendations for system-
ance in protecting children.
the child's health or safety, or in any case in
wide improvements in services to investigate
TTTLE III-ADDITIONAL IMPROVEMENTS
which a State's goal for the child is adoption
and prevent future fatal abuse and neglect;
or placement in another permanent home.
and
AND REFORMS
Sec. 301. Expansion of child welfare dem-
reasonable efforts shall be made to place the
"(D) if the State child death review team
onstration projects.
child in a timely manner with an adoptive
covers all counties in the State on its own,
family, with a qualified relative or legal
carry out the duties of a regional or local
Sec. 302. Permanency planning hearings.
child death review team described in para-
Sec. 303. Kinship care.
guardian, or in another planned permanent
living arrangement, and to complete what-
graph (4):
Sec. 304. Standby guardianship.
ever steps are necessary to finalize the adop-
"(4) A regional or local child death review
Sec. 305. Clarification of eligible population
team shall-
for independent living services.
tion or legal guardianship; and
"(E)' reasonable efforts of the type de-
"(A) conduct individual case reviews;
Sec. 306. Coordination and collaboration of
substance abuse treatment and
scribed in subparagraph (D) may be made
"(B) recommend followup procedures for
child death cases; and
child protection services.
concurrently with reasonable efforts of the
"(C) suggest and assist with system im-
Sec. 307. Reauthorization and expansion of
type described in subparagraph (B);".
family preservation and sup-
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND
provements in services to investigate and
port services.
CASE REVIEW SYSTEM REQUIRE-
prevent future fatal abuse and neglect."
(b) FEDERAL CHILD DEATH REVIEW TEAM.-
Sec. 308. Innovation grants-to reduce back-
MENTS.
Title IV of the Social Security Act (42
Section 471 of the Social Security Act (42
logs of children awaiting adop-
U.S.C. 601 et seq.) is amended-
U.S.C. 671), as amended by subsection (a), is
tion and for other purposes.
TITLE IV-MISCELLANEOUS
(1) in section 422(b)(10)(B) (as redesignated
amended by adding at the end the following:
by section 5592(a)(1)(A)(iii) of the Balanced
"(d)(1) The Secretary shall establish a Fed-
Sec. 401. Preservation
of
reasonable
Budget Act of 1997 (Public Law 105-33; 111
eral child death réview team that shall con-
sist of at least the following:
parenting
Stat. 644))-
Sec. 402. Reporting requirements.
(A) in clause (iii)(I). by inserting "safe
"(A) Representatives of the following Fed-
Sec. 403. Report on fiduciary obligations of
eral agencies who have expertise in the pre-
and" after "where"; and
State agencies receiving SSI
(B) in clause (iv), by inserting "safely"
vention or treatment of child abuse and ne-
payments.
after "remain"; and
glect:
Sec. 404. Allocation of administrative costs
"(1) Department of Health and Human
(2) in section 475-
of determining eligibility for
Services.
(A) in paragraph (1)-
medicaid and TANF
(i) in subparagraph (A), by inserting "safe-
"(ii) Department of Justice.
TITLE V-EFFECTIVE DATE
ty and" after "discussion of the"; and
"(iii) Bureau of Indian Affairs.
"(iv) Department of Defense.
Sec. 501. Effective date.
(11) in subparagraph (B)-
TITLE I-REASONABLE EFFORTS AND
(I) by inserting "safe and" after "child re-
"(v) Bureau of the Census.
"(B) Representatives of national child-
SAFETY REQUIREMENTS FOR FOSTER
ceives"; and
(II) by inserting "safe" after "return of the
serving organizations who have expertise in
CARE AND ADOPTION PLACEMENTS
the prevention or treatment of child abuse
child to his own": and
SEC. 101. CLARIFICATION OF THE REASONABLE
and neglect and that, at a minimum, rep-
(B) in paragraph (5)-
EFFORTS REQUIREMENT.
resent the health, child welfare, social serv-
(1) in subparagraph (A), in the matter pre-
Section 471(a)(15) of the Social Security
ceding clause (1), by inserting "a safe setting
ices, and law enforcement fields.
Act (42 U.S.C. 671(a)(15)) is amended to read
"(2) The Federal child death review team
that is" after "placement in"; and
established under this subsection shall-
as follows:
(11) in subparagraph (B)—
"(15) provides that-
(I) by inserting "the safety of the child."
"(A) review reports of child deaths on mili-
"(A) in determining reasonable efforts, as
tary installations and other Federal lands.
after "determine"; and
described in this section, the child's health
and coordinate with Indian tribal organiza-
(II) by inserting "and safely maintained
tions in the review of child deaths on Indian
and safety shall be the paramount concern;
in" after "returned to".
"(B) reasonable efforts shall be made to
SEC. 103. MULTIDISCIPLINARY/MULTIAGENCY
reservations;
preserve and reunify families when pos-
CHILD DEATH REVIEW TEAMS.
"(B) upon request, provide guidance and
technical assistance to States and localities
sible-
(a) STATE CHILD DEATH REVIEW TEAMS.-
"(1) prior to the placement of a child in fos-
Section 471 of the Social Security Act (42
seeking to initiate or improve child death re-
ter care, to prevent or eliminate the need for
U.S.C. 671) is amended by adding at the end
view teams and to prevent child fatalities:
removing the child from the child's home
and
the following:
when the child can be cared for at home
"(c)(1) In order to investigate and prevent
"(C) develop recommendations on related
without endangering the child's health or
child death from fatal abuse and neglect, not
policy and procedural issues for Congress.
safety; or
later than 2 years after the date of the enact-
relevant Federal agencies, and States and 10-
"(ii) to make it possible for the child to
ment of this subsection, a State, in order to
calities for the purpose of preventing child
safely return to the child's home;
be eligible for payments under this part,
fatalities.".
"(C) reasonable efforts shall not be re-
shall submit to the Secretary a certification
SEC. 104. STATES REQUIRED TO INITIATE OR
that the State has established and is main-
JOIN PROCEEDINGS TO TERMINATE
quired on behalf of any parent-
"(1) if a court of competent jurisdiction has
taining. in accordance with applicable con-
PARENTAL RIGHTS FOR CERTAIN
fidentiality laws, a State child death review.
CHILDREN IN FOSTER CARE.
made a determination that the parent has-
team, and if necessary in order to cover all
(a) REQUIREMENT FOR PROCEEDINGS-Sec
"(I) committed murder of another child of
counties in the State, child death review
tion 475(5) of the Social Security Act (42
the parent;
"(II) committed voluntary manslaughter of
teams on the regional or local level, that
U.S.C. 675(5)) is amended-
another child of the parent;
shall review child deaths. including deaths in
(1) by striking "and" at the end of subpara.
which-
graph (C);
"(III) aided or abetted, attempted, con-
"(A) there is a record of a prior report of
(2) by striking the period at the end of sub-
spired. or solicited to commit such murder
child abuse or neglect or there is reason to
paragraph (D) and inserting and": and
or voluntary manslaughter; or
997
September 18, 1997
CONGRESSIONAL RECORD-SENATE
S9647
(3) by adding at the end the following:
(1) IN GENERAL.-Except as provided in
to be made under the State plan under this
"(E) in the case of a child who has been in
paragraphs (2) and (3), the amendments made
part, including procedures requiring that
foster care under the responsibility of the
by this section shall apply to children enter-
"(A) in any case in which a criminal record
State for 12 of the most recent 18 months. or
ing foster care under the responsibility of
check reveals a criminal conviction for child
for a lifetime total of 24 months, or, If a
the State after the date of enactment of this
abuse or neglect, or spousal abuse, a crimi-
shed
court of competent jurisdiction has deter-
Act.
nal conviction for crimes against children,
ould
mined an infant to have been abandoned (as
(2) TRANSITION RULE FOR CURRENT FOSTER
or a criminal conviction for a crime involv-
defined under State law), or made a deter-
CARE CHILDREN.-Subject to paragraph (3),
ing violence, including violent drug-related
any
mination that the parent has committed
with respect to any child in foster care under
offenses, rape, sexual or other physical as-
murder of another child of such parent. com-
the responsibility of the State on or before
sault, battery, or homicide, approval shall
is of
mitted voluntary manslaughter of another
the date of enactment of this Act, the
not be granted, unless the individual pro-
alth
child of such parent, aided or abetted, at-
amendments made by this section shall not
vides substantial evidence to local law en-
and
tempted. conspired, or solicited to commit
apply to such child until the date that is 1
forcement officials and the State child pro-
such murder or voluntary manslaughter, or
year after the date of enactment of this Act.
tection agency proving that there are ex-
committed a felony assault that results in
(3) DELAY PERMITTED IF STATE LEGISLATION
traordinary circumstances which dem-
serious bodily injury to the surviving child
REQUIRED.-The provisions of section 501(b)
onstrate that approval should be granted;
local
or to another child of such parent, the State
shall apply to the effective date of the
and
shall file a petition to terminate the paren-
amendments made by this section.
"(B) in any case in which a criminal record
y
of
tal rights of the child's parents (or, if such a
SEC. 105. NOTICE OF REVIEWS AND HEARINGS;
check reveals a criminal conviction for a fel-
petition has been filed by another party,
OPPORTUNITY TO BE HEARD.
ony or misdemeanor not involving violence,
tem-
seek to be joined as a party to the petition),
Section 475(5) of the Social Security Act
or a check of any State child abuse registry
gate
and, concurrently, to identify. recruit, proc-
(42 U.S.C. 675(5)), as amended by section
indicates that a substantiated report of
ess, and approve a qualified family for an
104(b), is amended-
abuse or neglect exists, final approval may
adoption, unless—
(1) by striking "and" at the end of subpara-
be granted only after consideration of the
eam
"(1) at the option of the State, the child is
graph (E);
nature of the offense or incident, the length
being cared for by a relative; or
(2) by striking the period at the end of sub-
of time that has elapsed since the commis-
ocal
"(11) a State court or State agency has doc-
paragraph (F) and inserting and"; and
sion of the offense or the occurrence of the
ara-
umented a compelling reason for determin-
(3) by adding at the end the following:
incident, the individual's life experiences
ing that filing such a petition would not be
"(G) the foster parents (if any) of a child
during the period since the commission of
riew
in the best interests of the child.".
and any relative providing care for the child
the offense or the occurrence of the incident,
(b) DETERMINATION OF BEGINNING OF Fos-
are provided with notice of, and an oppor-
and any risk to the child.'
TER CARE-Section 475(5) of the Social Secu-
tunity to be heard in, any review or hearing
SEC. 108. DEVELOPMENT OF STATE GUIDELINES
for
rity Act (42 U.S.C. 675(5)), as amended by
TO ENSURE SAFE, QUALITY CARE TO
to be held with respect to the child, except
subsection (a), is amended-
CHILDREN IN OUT-OF-HOME PLACE-
that this subparagraph shall not be con-
im-
MENTS.
(1) by striking "and" at the end of subpara-
strued to make any foster parent or relative
and
graph (D);
Section 471(a)(10) of the Social Security
a party to such a review or hearing solely on
Act (42 U.S.C. 671(a)(10)) is amended-
(2) by striking the period at the end of sub-
the basis of such notice and opportunity to
paragraph (E) and inserting "; and"; and
(1) by inserting "and guidelines" after
be heard.".
(42
(3) by adding at the end the following:
"standards" each place it appears; and
is
SEC. 106. USE OF THE FEDERAL PARENT LOCA-
"(F) a child shall be considered to have en-
(2) by inserting "ensuring quality services
TOR SERVICE FOR CHILD WELFARE
ing:
tered foster care on the latter of-
that protect the safety and health of chil-
SERVICES.
Fed-
dren in foster care placements with non-
"(1) the first time the child is removed
Section 453 of the Social Security Act (42
con-
profit and for-profit agencies," after "related
from the home; or
U.S.C. 653), as amended by section 5534 of the
to"
"(ii) the date of the first judicial hearing
Fed-
Balanced Budget Act of 1997, is amended-
SEC. 109. DOCUMENTATION OF EFFORTS FOR
on removal of the child from the home.".
(1) in subsection (a)(2)-
ADOPTION OR LOCATION OF A PER-
ore-
(c) ELIMINATION OF UNNECESSARY COURT
(A) in the matter preceding subparagraph
MANENT HOME.
ne-
DELAYS.-
(A), by inserting "or making or enforcing
Section 475 of the Social Security Act (42
(1) ONE-YEAR STATUTE OF LIMITATIONS FOR
child custody or visitation orders" after "ob-
U.S.C. 675) is amended-
nan
APPEALS OF ORDERS TERMINATING PARENTAL
ligations,"; and
(1) in paragraph (1)-
RIGHTS.-Section 471(a) of the Social Secu-
(B) in subparagraph (A)-
(A) in the last sentence-
rity Act (42 U.S.C. 671(a)), as amended by sec-
(1) by striking "or" at the end of clause
(i) by striking "the case plan must also in-
tion 5591(b) of the Balanced Budget Act of
(ii);
clude": and
1997, is amended-
(11) by striking the comma at the end of
(ii) by redesignating such sentence as sub-
(A) by striking "and" at the end of para-
lld-
clause (111) and inserting or": and
paragraph (D) and indenting appropriately;
graph (18);
in
(111) by inserting after clause (111) the fol-
and
(B) by striking the period at the end of
lowing:
(B) by adding at the end, the following:
use
paragraph (19) and inserting "; and"; and
"(iv) who has or may have parental rights
"(E) In the case of a child with respect to
ep-
(C) by adding at the end the following:
with respect to a child,"; and
whom the State's goal is adoption or place-
rv-
"(20) provides that an order terminating
(2) in subsection (c)-
ment in another permanent home, docu-
parental rights shall only be appealable dur-
am
(A) by striking the period at the end of
mentation of the steps taken by the agency
ing the 1-year period that begins on the date
paragraph (3) and inserting and"; and
to find an adoptive family or other perma-
the order is issued."
111-
(B) by adding at the end the following:
nent living arrangement for the child, to
(2) ONE-YEAR STATUTE OF LIMITATIONS FOR
ds,
"(4) a State agency that is administering a
place the child with an adoptive family,
APPEALS OF ORDERS OF REMOVAL.-Section
program operated under a State plan under
legal guardian, or in another planned perma-
471(a) of the Social Security Act (42 U.S.C.
subpart 1 of part B, or a State plan approved
nent living arrangement, and to finalize the
671(a)), as amended by subsection (a), is
under subpart 2 of part B or under part E.".
adoption or legal guardianship. At a mini-
amended-
and
SEC. 107. CRIMINAL RECORDS CHECKS FOR PRO-
mum, such documentation shall include
(A) in paragraph (19), by striking "and" at
SPECTIVE FOSTER AND ADOPTIVE
child specific recruitment efforts such as the
ies
the end;
PARENTS AND GROUP CARE STAFF.
use of State, regional, and national adoption⁴
(B) in paragraph (20), by striking the pe-
Section 471(a) of the Social Security Act
exchanges including electronic exchange sys-
riod and inserting and"; and
(42 U.S.C. 671(a)), as amended by section
tems."; and
(C) by adding at the end the following:
104(c)(2), is amended-
(2) in paragraph (5)(B), by inserting "(in-
"(21) provides that a court-ordered removal
(1) by striking "and" at the end of para-
cluding the requirement specified in para-
of a child shall only be appealable during the
lo-
graph (20);
graph (1)(E))" after "case plan".
1-year period that begins on the date the
ild
(2) by striking the period at the end of
TITLE II-INCENTIVES FOR PROVIDING
order is issued."
paragraph (21) and inserting and"; and
PERMANENT FAMILIES FOR CHILDREN
(d) RULE OF CONSTRUCTION.-Nothing in
OR
(3) by adding at the end the following:
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
TE
part E of title IV of the Social Security Act
"(22) provides procedures for criminal
Part E of title IV of the Social Security
IN
(42 U.S.C. 670 et seq.), as amended by this
records checks and checks of a State's child
Act (42 U.S.C. 670-679) is amended by insert-
Act. shall be construed as precluding State
abuse registry for any prospective foster par-
ing after section 473 the following:
eo-
courts or State agencies from initiating or
ent or adoptive parent. and any employee of
"SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
42
finalizing the termination of parental rights
a residential child-care institution before
"(a) GRANT AUTHORITY.-Subject to the
for reasons other than, or for timelines ear-
the foster parent or adoptive parent, or the
availability of such amounts as may be pro-
lier than, those specified in part E of title IV
residential child-care institution may be f1-
vided in advance in appropriations Acts for
of such Act. when such actions are deter-
nally approved for placement of a child on
this purpose, the Secretary may make a
b-
mined to be in the best interests of the child.
whose behalf foster care maintenance pay-
grant to each State that is an incentive-eli-
(e) EFFECTIVE DATES.-
ments or adoption assistance payments are
gible State for a fiscal year in an amount
S9648
CONGRESSIONAL RECORD-SENATE
September 18, 1997
equal to the adoption incentive. payment
"(B) the percentage represented by the
cial needs, which needs shall be considered
payable to the State for the fiscal year under
amount appropriated for that year, divided
by the State, together with the cir-
this section, which shall be payable in the
by the total amount of adoption incentive
cumstances of the adopting parents, in deter.
immediately succeeding fiscal year.
payments otherwise payable under this sec-
mining the amount of any payments to be
"(b) INCENTIVE-ELIGIBLE STATE.-A State is
tion for the fiscal year.
made to the adopting parents.
an incentive-eligible State for a fiscal year-
"(e) 2-YEAR AVAILABILITY OF INCENTIVE
"(B) Notwithstanding any other provision
If
PAYMENTS.-Payments to a State under this
of law, and except as provided in paragraph
"(1) the State has a plan approved under
section in a fiscal year shall remain avail-
(7). a child who is not a citizen or resident of
this part for the fiscal year;
able for use by the State through the end of
the United States and who meets the re-
"(2) the number of foster child adoptions in
the succeeding fiscal year.
quirements of subparagraph (A) and is other-
the State during the fiscal year exceeds the
"(f) LIMITATIONS ON USE OF INCENTIVE PAY-
wise determined to be eligible for the receipt
base number of foster child adoptions for the
MENTS.-A State shall not expend an amount
of adoption assistance payments, shall be el-
State for the fiscal year;
paid to the State under this section except
igible for adoption assistance payments
"(3) the State is in compliance with sub-
to provide to children or families any service
under this part.
section (c) for the fiscal year; and
(including post adoption services) that may
"(C) A child who meets the requirements of
"(4) the fiscal year is any of fiscal years
be provided under part B or E. Amounts ex-
subparagraph (A) and who is otherwise deter-
pended by a State in accordance with the
1998 through 2002.
mined to be eligible for the receipt of adop-
preceding sentence shall be disregarded in
tion assistance payments shall continue to
"(c) DATA REQUIREMENTS.-
determining State expenditures for purposes
"(1) IN GENERAL.-A State is in compliance
be eligible for such payments in the event
of Federal matching payments under section
with this subsection for a fiscal year if the
that the child's adoptive parent dies or the
474.
State has provided to the Secretary the data
child's adoption is dissolved, and the child is
"(g) DEFINITIONS.-As used in this section:
described in paragraph (2) for fiscal year 1997
placed with another family for adoption."
"(1) FOSTER CHILD ADOPTION.-The term
(or, if later, the fiscal year that precedes the
(b) EXCEPTION.-Section 473(a) of the Social
'foster child adoption' means the final adop-
first fiscal year for which the State seeks a
Security Act (42 U.S.C. 673(a)) is amended by
tion of a child who, at the time of adoptive
in
grant under this section) and for each suc-
adding at the end the following:
placement, was in foster care under the su-
"(7)(A) Notwithstanding any other provi-
ceeding fiscal year.
pervision of the State.
sion of this subsection, no payment may be
"(2) DETERMINATION OF NUMBERS OF ADOP-
be
"(2) SPECIAL NEEDS ADOPTION.-The term
made to parents with respect to any child
lic
TIONS.-
'special needs adoption' means the final
that-
for
"(A) DETERMINATIONS BASED ON AFCARS
adoption of a child for whom an adoption as-
"(1) would be considered a child with spe-
DATA.-Except as provided in subparagraph
ad
sistance agreement is in effect under section
(B), the Secretary shall determine the num-
cial needs under subsection (c);
pa
473.
"(ii) is not a citizen or resident of the
of
bers of foster child adoptions and of special
"(3) BASE NUMBER OF FOSTER CHILD ADOP-
needs adoptions in a State during each of fis-
United States; and
TIONS.-The term 'base number of foster
"(111) was adopted outside of the United
for
cal years 1997 through 2002, for purposes of
child adoptions for a State' means, with re-
this section, on the basis of data meeting the
States or was brought into the United States
spect to a fiscal year. the largest number of
requirements of the system established pur-
for the purpose of being adopted.
foster child adoptions in the State in fiscal
suant to section 479, as reported by the State
"(B) Subparagraph (A) shall not be con-
pa
year 1997 (or, if later, the first fiscal year for
in May of the fiscal year and in November of
strued as prohibiting payments under this
which the State has furnished to the Seo-
the succeeding fiscal year, and approved by
part for a child described in subparagraph
TK
retary the data described in subsection
the Secretary by April 1 of the succeeding
(A) that is placed in foster care subsequent
(c)(2)) or in any succeeding fiscal year pre-
to the failure, as determined by the State, of
an
fiscal year.
ceding the fiscal year.
the initial adoption of such child by the par-
fer
"(B) ALTERNATIVE DATA SOURCES PER-
"(4) BASE NUMBER OF SPECIAL NEEDS ADOP-
ents described in such subparagraph.".
an
MITTED FOR FISCAL YEAR 1997.-For purposes
TIONS-The term 'base number of special
(c) REQUIREMENT FOR USE OF STATE SAV-
of the determination described in subpara-
needs adoptions for a State' means, with re-
INGS.-Section 473(a) of the Social Security
graph (A) for fiscal year 1997, the Secretary
spect to a fiscal year. the largest number of
may use data from a source or sources other
Act (42 U.S.C. 673(a)). as amended by sub-
special needs adoptions in the State in fiscal
section (b), is amended by adding at the end
Sti
than that specified in subparagraph (A) that
year 1997 (or, if later, the first fiscal year for
the Secretary finds to be of equivalent com-
the following:
which the State has furnished to the Seo-
"(8) A State shall spend an amount equal
tio
pleteness and reliability. as reported by a
retary the data described in subsection
State by November 30, 1997, and approved by
to the amount of savings (if any) in State ex-
(c)(2)) or in any succeeding fiscal year pre-
penditures under this part resulting from the
tiv
the Secretary by March 1, 1998.
ceding the fiscal year.
application of paragraph (2) on and after the
cot
"(3) No WAIVER OF AFCARS REQUIREMENTS.-
"(h) LIMITATIONS ON AUTHORIZATION OF AP-
effective date of the amendment to such
This section shall not be construed to alter
PROPRIATIONS.
paragraph made by section 202(a) of the Pro-
ipr
or affect any requirement of section 479 or
"(1) IN GENERAL.-For grants under this
motion of Adoption, Safety, and Support for
stu
any regulation prescribed under such section
section, there are authorized to be appro-
Abused and Neglected Children' (PASS) Act
(1
with respect to reporting of data by States,
priated to the Secretary $15,000,000 for each
to provide to children or families any service
and
or to waive any penalty for failure to comply
of fiscal years 1999 through 2003.
(including post-adoption services) that may
dec
with the requirements.
"(2) AVAILABILITY.-Amounts appropriated
be provided under this part or part B.".
ord
"(d) ADOPTION INCENTIVE PAYMENT.-
under paragraph (1) are authorized to remain
available until expended, but not after fiscal
SEC. 203. TECHNICAL ASSISTANCE.
"(1) IN GENERAL.-Except as provided in
the
paragraph (2), the adoption incentive pay-
year 2003."
(a) IN GENERAL-The Secretary of Health
the
ment payable to a State for a fiscal year
SEC. 202. PROMOTION OF ADOPTION OF CHIL-
and Human Services may, directly or
Chi
under this section shall be equal to the sum
DREN WITH SPECIAL NEEDS.
through grants or contracts, provide tech-
(
(a) IN GENERAL-Section 473(a) of the So-
nical assistance to assist States and local
of-
app
"(A) $2,000, multiplied by amount (if any)
cial Security Act (42 U.S.C. 673(a)) is amend-
communities to reach their targets for in-
to
by which the number of foster child adop-
ed by striking paragraph (2) and inserting
creased numbers of adoptions and, to the ex-
par.
tions in the State during the fiscal year ex-
the following:
tent that adoption is not possible, alter-
(2
ceeds the base number of foster child adop-
"(2)(A) For purposes of paragraph (1)(B)(ii).
native permanent placements, for children in
tabl
tions for the State for the fiscal year; and
a child meets the requirements of this para-
foster care.
"(B) $2,000, multiplied by the amount (if
graph if such child-
(b) LIMITATIONS.-The technical assistance
any) by which the number of special needs
"(1) prior to termination of parental rights
provided under subsection (a) shall support
adoptions in the State during the fiscal year
and the initiation of adoption proceedings
the goal of encouraging more adoptions out
exceeds the base number of special needs
was in the care of a public or licensed private
of the foster care system, when adoptions
adoptions for the State for the fiscal year.
child care agency or Indian tribal organiza-
promote the best interests of children. and
ties
"(2) PRO RATA ADJUSTMENT IF INSUFFICIENT
tion either pursuant to a voluntary place-
shall include the following:
FUNDS AVAILABLE.-For any fiscal year, if-the
ment agreement (provided the child was in
(1) The development of best practice guide-
total amount of adoption incentive pay-
care for not more than 180 days) or as a re-
lines for expediting termination of parental
ments otherwise payable under this section
sult of a judicial determination to the effect
rights.
for a fiscal year exceeds the amount appro-
that continuation in the home would be con-
(2) Models to encourage the use of concur-
priated for that fiscal year, the amount of
trary to the safety and welfare of such child.
rent planning.
the adoption incentive payment payable to
or was residing in a foster family home or
(3) The development of specialized units
each State under this section for the fiscal
child care institution with the child's minor
and expertise in moving children toward
year shall be-
parent (either pursuant to such a voluntary
adoption as a permanency goal.
"(A) the amount of the adoption incentive
placement agreement or as a result of such a
(4) The development of risk assessment
payment that would otherwise be payable to
judicial determination); and
tools to facilitate early identification of the
the State under this section for the fiscal
"(ii) has been determined by the State pur-
children who will be at risk of harm if re.
year; multiplied by
suant to subsection (c) to be a child with spe-
turned home.
September 18, 1997
CONGRESSIONAL RECORD-SENATE
S9649
(5) Models to encourage the fast tracking
uals with expertise or advocacy experience
"(F) The specific steps taken by the State
of children who have not attained 1 year of
in adoption and foster care issues.
to facilitate permanence for children.
age into adoptive and pre-adoptive place-
(3) CONTENTS OF REPORT.-The report re-
"(3) MEASURES.-In developing the out-
ments.
quired under paragraph (1)(C) shall include
come measures, the Secretary shall use data
(6) Development of programs that place
the results of the study conducted under sub-
from the Adoption and Foster Care Analysis
children in pre-adoptive families without
paragraphs (A) and (B) of paragraph (1) and
and Reporting System established under sec-
waiting for termination of parental rights.
recommendations on how to improve proce-
tion 479 to the maximům extent possible.
(7) Development of programs to recruit
dures to facilitate the interjurisdictional
"(c) RATING SYSTEM.-The Secretary shall
adoptive parents.
adoption of children. including interstate
develop a system (including using State cen-
SEC. 204. ADOPTIONS ACROSS STATE AND COUN-
and intercounty adoptions, so that children
sus data and poverty rates) to rate the per-
TY JURISDICTIONS.
will be assured timely and permanent place-
formance of each State based on the outcome
(a) ELIMINATION OF GEOGRAPHIC BARRIERS
ments.
measures.
TO INTERSTATE ADOPTION.-Section 471(a) of
(4) CONGRESS.-The Secretary shall submit
"(d) INFORMATION.-In order to receive
the Social Security Act U.S.C. 671(a)). as
a copy of the report required under para-
funds under this part, a State shall annually
amended by section 106, is amended-
graph (1)(C) to the appropriate committees
provide to the Secretary such adoption, fos-
(1) by striking "and" at the end of para-
of Congress, and, if relevant. make rec-
ter care, and guardianship information as
graph (21);
ommendations for proposed legislation.
the Secretary may determine to be necessary
(2) by striking the period at the end of
SEC. 205. FACILITATION OF VOLUNTARY MUTUAL
to issue the report for the State.
paragraph (22) and inserting and": and
REUNIONS BETWEEN ADOPTED
"(e) PREPARATION AND ISSUANCE.-On Octo-
(3) by adding at the end the following:
ADULTS AND BIRTH PARENTS AND
ber 1, 1998, and annually thereafter, the Sec-
"(23) provides that neither the State nor
SIBLINGS.
retary shall prepare, submit to Congress, and
any other entity in the State that receives
The Secretary of Health and Human Serv-
issue to the States the report described in
funds from the Federal Government and is
ices, at no net expense to the Federal Gov-
subsection (a). Each report shall rate the
involved in adoption or foster care place-
ernment, may use the facilities of the De-
performance of a State on each outcome
ments may-
partment of Health and Human Services to
measure developed under subsection (b). in-
"(A) deny to any person the opportunity to
facilitate the voluntary, mutually requested
clude an explanation of the rating system de-
become an applicant for custody of a child,
reunion of an adult adopted child who is 21
veloped under subsection (c) and the way in
licensure as a foster or adoptive parent, or
years of age or older with-
which scores are determined under the rat-
for foster care maintenance payments or
(1) any birth parent of the adult child; or
ing system, analyze high and low perform-
adoption assistance payments under this
(2) any adult adopted sibling who is 21
ances for the State, and make recommenda-
part on the basis of the geographic residence
years of age or older, of the adult child,
tions to the State for improvement.".
(b) CONFORMING AMENDMENTS.-Section
of the person or of the child involved; or
if all such persons involved in any such re-
471(a) of the Social Security Act (42 U.S.C.
"(B) delay or deny the placement of a child
union have. on their own inftiative, ex-
671(a)), as amended by section 204(a), is
for adoption, into foster care, or in the
pressed a desire for a reunion and agree to
amended-
child's original home on the basis of the geo-
keep confidential the name and location of
(1) in paragraph (22). by striking "and" at
graphic residence of an adoptive or foster
the other birth parent of the adult adopted
the end;
parent or of the child involved."
child and any other adult adopted sibling of
(b) STUDY OF INTERJURISDICTIONAL ADOP-
(2) in paragraph (23), by striking the period
the adult adopted child
TION ISSUES.-
and inserting and": and
SEC. 206. ANNUAL REPORT ON STATE PERFORM-
(1) IN GENERAL.-The Secretary of Health
ANCE IN PROTECTING CHILDREN.
(3) by adding at the end the following:
and Human Services (in this subsection re-
(a) IN GENERAL.-Part E of title IV of the
"(24) provides that the State shall annu-
ferred to as the "Secretary") shall appoint
Social Security Act (42 U.S.C. 670 et seq.) is
ally provide to the Secretary the informa-
an advisory panel that shall-
amended by adding at the end the following:
tion required under section 479A.".
(A) study and consider how to improve pro-
"SEC. 479A. ANNUAL REPORT.
TITLE HI-ADDITIONAL IMPROVEMENTS
cedures and policies to facilitate the timely
"(a) IN GENERAL,-The Secretary shall
AND REFORMS
and permanent adoptions of children across
issue an annual report containing ratings of
SEC. 301. EXPANSION OF CHILD WELFARE DEM-
State and county jurisdictions;
the performance of each State in protecting
ONSTRATION PROJECTS.
(B) examine, at a minimum, interjurisdic-
children who are placed in foster care, for
Section 1130(a) of the Social Security Act
tional adoption issues—
adoption, or with a relative or guardian. The
(42 U.S.C. 1320a-9(a)) is amended by striking
(i) concerning the recruitment of prospec-
report shall include ratings on outcome
"10" and inserting "15".
tive adoptive families from other States and
measures for categories related to safety and
SEC. 302. PERMANENCY PLANNING HEARINGS.
counties;
permanence for children:
Section 475(5)(C) of the Social Security Act
(ii) concerning the procedures to grant rec-
"(b) OUTCOME MEASURES.-
(42 U.S.C. 675(5)(C)) is amended-
iprocity to prospective adoptive family home
"(1) IN GENERAL.-The Secretary shall de-
(1) by striking "dispositional" and insert-
studies from other States and counties;
velop a set of outcome measures to be used
ing "permanency planning";
(iii) arising from a review of the comity
in preparing the report.
(2) by striking "no later than" and all that
and full faith and credit provided to adoption
"(2) CATEGORIES.-In developing the out-
follows through "12 months" and inserting
decrees and termination of parental rights
come measures, the Secretary shall develop
"not later than 12 months after the original
orders from other States: and
measures that can track performance over
placement (and not less frequently than
(iv) concerning the procedures related to
time for the following categories:
every 6 months"; and
the administration and implementation of
"(A) The number of children placed annu-
(3) by striking "future status of" and all
the Interstate Compact on the Placement of
ally for adoption, the number of placements
that follows through "long term basis)" and
Children; and
of children with speciál needs, and the num-
inserting "permanency plans for the child
(C) not later than 12 months after the final
ber of children placed permanently in a fos-
(including whether and, if applicable, when,
appointment to the advisory panel, submit
ter family home. with a relative, or with a
the child will be returned to the parent, re-
to the Secretary the report described in
guardian who is not a relative.
ferred for termination of parental rights,
páragraph (3).
"(B) The number of children, including
placed for adoption. or referred for legal
(2) COMPOSITION OF ADVISORY PANEL.-In es-
those with parental rights terminated, that
guardianship, or other planned permanent
tablishing the advisory panel required under
annually leave foster care at the age of ma-
living arrangement)".
paragraph (1), the Secretary shall appoint
jority without having been adopted or placed
SEC. 303. KINSHIP CARE.
members from the general public who are in-
with a guardian.
(a) REPORT.-
dividuals knowledgeable on adoption and fos-
"(C) The median and mean length of stay
(1) IN GENERAL.-The Secretary of Health
ter care issues, and with due consideration
of children in foster care, for children with
and Human Services shall-
to representation of ethnic or racial minori-
parental rights terminated, and children for
(A) not later than March 1. 1998, convene
ties and diverse geographic areas, and who,
whom parental rights are retained by the bi-
the advisory panel provided for in subsection
at a minimum, include the following:
ological or adoptive parent.
(b)(1) and prepare and submit to the advisory
(A) Adoptive and foster parents.
"(D) The median and mean length of time
panel an initial report on the extent to
(B) Public and private child welfare agen-
between a child having a plan of adoption
which children in foster care are placed in
cies that place children in and out of home
and termination of parental rights, between
the care of a relative (in this section referred
care.
the availability of a child for adoption and
to as "kinship care"): and
(C) Family court judges.
the placement of the child in an adoptive
(B) not later than November 1. 1998, submit
(D) Adoption attorneys.
family. and between the placement- of the
to the Committee on Ways and Means of the
(E) An Administrator of the Interstate
child in such a family and the finalization of
House of Representatives and the Committee
Compact on the Placement of Children and
the adoption.
on Finance of the Senate a final report on
an Administrator of the Interstate Compact
"(E) The number of deaths of children in
the matter described in subparagraph (A),
on Adoption and Medical Assistance.
foster care and other out-of-home care, in-
which shall-
(F) A representative cross-section of indi-
cluding kinship care. resulting from substan-
(1) be based on the comments submitted by
viduals from other organizations and individ-
tiated child abuse and neglect.
the advisory panel pursuant to subsection
S9650
CONGRESSIONAL RECORD-SENATE
September 18, 1997
(b)(2)
and
other
information
and
SEC. 306. COORDINATION AND COLLABORATION
Section 472(b) of the Social Security Act (42
consider-
OF SUBSTANCE ABUSE TREATMENT
U.S.C. 672(b)) is amended-
ations; and
AND CHILD PROTECTION SERVICES.
(1) in paragraph (1), by striking "or" at the
(ii) include the policy recommendations of
the Secretary with respect to the matter.
(a) STUDY AND REPORT ON SOURCES OF SUP-
end;
(2) REQUIRED CONTENTS.-Each report re-
PORT FOR SUBSTANCE ABUSE PREVENTION AND
(2) in paragraph (2), by striking the period
TREATMENT FOR PARENTS AND CHILDREN AND
and inserting ,"or"; and
quired by paragraph (1) shall-
COLLABORATION AMONG STATE AGENCIES.-
(3) by adding at the end the following:
(A) include, to the extent available for
each State, information on-
(1) STUDY.-Not later than 12 months after
"(3) placed with the child's parent in a res-
the date of the enactment of this Act, the
idential program that provides treatment
(1) the policy of the State regarding kin-
Comptroller General of the United States
and other necessary services for parents and
ship care;
children, including parenting services,
(ii) the characteristics of the kinship care
shall-
providers (including age, income. ethnicity,
(A) prepare an inventory of all Federal and
when-
State programs that may provide funds for
"(A) the parent is attempting to over-
and race);
(iii) the characteristics of the household of
substance abuse prevention and treatment
come-
such providers (such as number of other per-
services for families receiving services di-
"(1) a substance abuse problem and is com-
sons in the household and family composi-
rectly or through grants or contracts from
plying with an approved treatment plan;
public child welfare agencies; and
"(ii) being a victim of domestic violence;
tion);
(B) examine-
"(iii) homelessness;
(iv) how much access to the child is af-
(i) the availability and results of joint pre-
"(iv) special needs resulting from being a
forded to the parent from whom the child
has been removed;
vention and treatment activities conducted
teenage parent; or
(v) the cost of, and source of funds for, kin-
by State substance abuse prevention and
"(v) post-partum depression;
treatment agencies and State child welfare
"(B) the safety of the child can be assured;
ship care (including any subsidies such as
medicaid and cash assistance);
agencies; and
"(C) the range of services provided by the
(ii) how such agencies (jointly or sepa-
program is designed to appropriately address
(vi) the goal for a permanent living ar-
rately) are responding to and addressing the
the needs of the parent and child;
rangement for the child and the actions
being taken by the State to achieve the goal;
needs of infants who are exposed to sub-
"(D) the goal of the case plan for the child
(vii) the services being provided to the par-
stance abuse
is to try to reunify the child with the family
(2) REPORT TO CONGRESS.-Not later than 18
within a specified period of time;
ent from whom the child has been removed;
months after the date of enactment of this
"(E) the parent described in subparagraph
and
Act, the Comptroller General of the United
(A)(i) has not previously been treated in a
(viii) the services being provided to the
kinship care provider; and
States shall submit to the appropriate com-
residential program serving parents and
their children together; and
(B) specifically note the circumstances or
mittees of Congress a report on the study
conditions under which children enter kin-
conducted under paragraph (1). Such report
"(F) the amount of foster care mainte-
shall include-
nance payments made to the residential pro-
ship care.
(A) a description of the extent to which cli-
gram on behalf of such child do not exceed
(b) ADVISORY PANEL REVIEW.-
ents of child welfare agencies have substance
the amount of such payments that would
(1) IN GENERAL.-The advisory board on
abuse treatment needs, the nature of those
otherwise be made on behalf of the child.".
child abuse and neglect established under
section 102 of the Child Abuse Prevention
needs, and the extent to which those needs
SEC. 307. REAUTHORIZATION AND EXPANSION OF
and Treatment Act (42 U.S.C. 5102). or, if on
are being met;
FAMILY PRESERVATION AND SUP-
(B) a description of the barriers that pre-
PORT SERVICES.
the date of enactment of this Act such advi-
vent the substance abuse treatment needs of
(a) REAUTHORIZATION OF FAMILY PRESERVA-
sory board does not exist. the advisory panel
clients of child welfare agencies from being
TION AND SUPPORT SERVICES.-
authorized under paragraph (2), shall review
treated appropriately;
(1) IN GENERAL.-Section 430(b) of the So-
the report prepared pursuant to subsection
(a) and submit to the Secretary comments
(C) a description of the collaborative ac-
cial Security Act (42 U.S.C. 629(b)) is amend-
tivities of State child welfare and substance
ed-
on the report not later than July 1, 1998.
abuse prevention and treatment agencies to
(A) in paragraph (4), by striking "or" at
(2) AUTHORIZATION FOR APPOINTMENTS.-
jointly assess clients' needs, fund substance
the end;
Subject to paragraph (1), the Secretary of
Health and Human Services, in consultation
abuse prevention and treatment, train and
(B) in paragraph (5), by striking the period
consult with staff, and evaluate the effec-
and inserting a semicolon; and
with the Chairman of the Committee on
tiveness of programs serving clients in both
(C) by adding at the end the following:
Ways and Means of the House of Representa-
agencies' caseloads;
"(6) for fiscal year 1999, $275,000,000;
tives and the Chairman of the Committee on
(D) a summary of the available data on the
"(7) for fiscal year 2000, $295,000,000;
Finance of the Senate, may appoint an advi-
treatment and"cost-effectiveness of sub-
"(8) for fiscal year 2001, $315,000,000;
sory board for the purpose of reviewing and
stance abuse treatment services for. clients
"(9) for fiscal year 2002, $335,000,000; and
commenting on the report prepared pursuant
to subsection (a). Such advisory board shall
of child welfare agencies; and
"(10) for fiscal year 2003, $355,000,000.".
(E) recommendations, including rec-
(2) CONFORMING AMENDMENT.-Section
include parents, foster parents, former foster
ommendations for Federal legislation, for
430(d)(1) of the Social Security Act (42 U.S.C.
children, State and local public officials re-
addressing the needs and barriers, as de-
630(d)(1)) is amended by stríking "and 1998"
sponsible for administering child welfare
scribed in subparagraphs (A) and (B), and for
and inserting "1998, 1999, 2000, 2001, 2002, and
programs, private persons involved in the de-
promoting further collaboration of the State
2003''.
livery of child welfare services, representa-
child welfare and substance abuse prevention
(b) EXPANSION FOR TIME-LIMITED FAMILY
tives of tribal governments and tribal courts,
and treatment agencies in meeting the sub-
REUNIFICATION SERVICES.—
judges, and academic experts.
stance abuse treatment needs of families.
(1) ADDITION TO STATE PLAN; MINIMUM
SEC. 304. STANDBY GUARDIANSHIP.
(b) PRIORITY IN. PROVIDING SUBSTANCE
SPENDING REQUIREMENT.-Section 432 of the
It is the sense of Congress that the States
ABUSE TREATMENT.-Section 1927 of the Pub-
Social Security Act (42 U.S.C. 629b) is
should have in effect laws and procedures
lic Health Service Act (42 U.S.C. 300x-27) is
amended-
that permit any parent who is chronically ill
amended-
(A) in subsection (a)-
or near death, without surrendering parental
(1) in the heading. by inserting "AND
(1) in paragraph (4), by striking "and com-
rights, to designate a standby guardian for
CARETAKER PARENTS" after "WOMEN";
munity-based family support services with
the parent's minor children, whose authority
and
significant portions" and inserting ". com-
would take effect upon-
(2) in subsection (a)-
munity-based family support services. and
(1) the death of the parent;
(A) in paragraph (1)-
time-limited family reunification services.
(2) the mental incapacity of the parent; or
(1) by inserting "all caretaker parents who
with not less than 25 percent"; and
(3) the physical debilitation and consent of
are referred for treatment by the State or
(11) in paragraph (5)(A), by striking "and
local child welfare agency and who" after
community-based family support services"
the parent.
"referred for and"; and
and inserting ", community-based family
SEC. 305. CLARIFICATION OF ELIGIBLE POPU-
LATION FOR INDEPENDENT LIVING
(ii) by striking "is given" and inserting
support services, and time-limited family re
"are given"; and
unification services"; and
SERVICES.
(B) in paragraph (2)-
(B) in subsection (b)(1). by striking "and
Section 477(a)(2)(A) of the Social Security
Act (42 U.S.C. 677(a)(2)(A)) is amended by in-
(i) by striking "such women" and inserting
family support" and inserting family sup-
serting "(including children with respect to
"such pregnant women and caretaker par-
port, and family reunification services".
ents": and
(2) DEFINITION OF TIME-LIMITED FAMILY RF:-
whom such payments are no longer being
made because the child has accumulated as-
(ii) by striking "the women" and inserting
UNIFICATION SERVICES.-Section 431(a) of the
sets. not to exceed $5,000, which are other-
"the pregnant women and caretaker par-
Social Security Act (42 U.S.C. 631(a))
wise regarded as resources for purposes of de-
ents".
termining eligibility for benefits under this
(c) FOSTER CARE PAYMENTS FOR CHILDREN
amended- (A) by redesignating paragraphs (5) and (6)
WITH PARENTS IN RESIDENTIAL FACILITIES.-
as paragraphs (6) and (7), respectively: and
part)" before the comma.
September -18, 1997
CONGRESSIONAL RECORD-SENATE
S9651
(B) by inserting after paragraph (4) the fol-
"(6) Establishing new partnerships with
propriately into family life, to prohibit the
lowing:
businesses and religious organizations to
use of reasonable methods of parental dis-
"(5) TIME-LIMITED FAMILY REUNIFICATION
promote safety and permanence for children.
cipline, or to prescribe a particular method
SERVICES.-
"(7) Assisting in the development and im-
of parenting.
"(A) IN GENERAL.-The term 'time-limited
plementation of the State guidelines de-
SEC. 402. REPORTING REQUIREMENTS.
family reunification services' means the
scribed in section 471(a)(10).
services and activities described in subpara-
Any information required to be reported
"(8) Developing new staffing approaches to
graph (B) that are provided to a child that is
under this Act shall be supplied to the Sec-
allow the resources of several States to be
removed from the child's home and placed in
retary of Health and Human Services
used to conduct recruitment, placement,
a foster family home or a child care institu-
through data meeting the requirements of
adoption, and post-adoption services on a re-
the Adoption and Foster Care Analysis and
tion and to the parents or primary caregiver
gional basis.
Reporting System established pursuant to
of such a child, in order to facilitate the re-
"(9) Any other goal that the Secretary
section 479 of the Social Security Act (42
unification of the child safely and appro-
specifies by regulation.
U.S.C. 679). to the extent such data is avail-
priately within a timely fashion, but only
"(c) APPLICATION.-An application for a
able under that system. The Secretary shall
during the 1-year period that begins on the
grant under this section may be submitted
make such modifications to regulations is-
date that the child is removed from the
for fiscal year 1998 or 1999 and shall contain-
sued under section 479 of such Act with re-
child's home.
"(1) a plan, in such form and manner as the
spect to the 'Adoption and Foster Care Anal-
"(B) SERVICES AND ACTIVITIES DESCRIBED.-
Secretary may prescribe, for an innovation
ysis and Reporting System as may be nec-
The services and activities described in this
project described in subsection (b) that will
essary to allow States to obtain data that
subparagraph are the following:
be implemented by the State for a period of
meets the requirements of such system in
"(1) Individual, group. and family counsel-
not more than 5 consecutive fiscal years, be-
order to satisfy the reporting requirements
ing.
ginning with fiscal year 1998 or 1999, as appli-
of this Act.
"(11) Inpatient, residential, or outpatient
cable;
SEC. 403. REPORT ON FIDUCIARY OBLIGATIONS
substance abuse treatment services.
"(2) an assurance that no waivers from pro-
OF STATE AGENCIES RECEIVING SSI
"(iii) Mental health services.
visions in law, as in effect at the time of the
PAYMENTS.
"(iv) Assistance to address domestic vio-
submission of the application, are required
Not later than 12 months after the date of
lence.
to implement the innovation project; and
enactment of this Act, the Commissioner of
"(v) Transportation to or from any of the
"(3) such other information as the Sec-
Social Security shall submit a report to the
services and activities described in this sub-
retary may require by regulation.
Committee on Ways and Means of the House
paragraph.".
"(d) DURATION.-An innovation project ap-
of Representatives and the Committee on F1-
(3) ADDITIONAL CONFORMING AMENDMENTS.-
proved under this section shall be conducted
nance of the Senate concerning State or
(A) PURPOSES.-Section 430(a) of the Social
for not more than 5 consecutive fiscal years,
local child welfare service agencies that act
Security Act (42 U.S.C. 629(a)) is amended by
except that the Secretary may terminate a
as representative payees on behalf of chil-
striking "and community-based family sup-
project before the end of the period origi-
dren under the care of such agencies for pur-
port services" and inserting ", community-
nally approved if the Secretary determines
poses of receiving supplemental security in-
based family support services. and time-lim-
that the State conducting the project is not
come payments under title XVI of the Social
ited family reunification services"
in compliance with the terms of the plan and
Security Act (42 U.S.C. 1381 et seq.) (includ-
(B) EVALUATIONS.-Subparagraphs (B) and
application approved by the Secretary under
ing supplementary payments pursuant to an
(C) of section 435(a)(2) of the Social Security
this section.
agreement for Federal administration under
Act (42 U.S.C. 629d(a)(2)) are each amended
"(e) MATCHING REQUIREMENT.-A State
section 1616(a) of the Social Security Act and
by striking "and family support" each place
shall not receive a grant under this section
payments pursuant to an agreement entered
it appears and inserting family support,
unless, for each year for which a grant is
into under section 212(b) of Public Law 93-66)
and family reunification".
awarded, the State agrees to match the
for the benefit of such children. Such report
SEC. 308. INNOVATION GRANTS TO REDUCE
grant with $1 for every $3 received.
shall include an examination of the extent to
BACKLOGS OF CHILDREN AWAITING
"(f) NONSUPPLANTING.-Any funds received
which such agencies—
ADOPTION AND FOR OTHER PUR-
by a State under a grant made under this
(1) have complied with the fiduciary re-
POSES.
section shall supplement but not replace any
sponsibilities attendant to acting as a rep-
Part E of title IV of the Social Security
other funds that may be available for the
resentative payee under title XVI of such
Act (42 U.S.C. 670 et seq.) is amended by in-
same purpose in the localities involved.
Act; and
serting after section 477, the following:
"(g) EVALUATIONS AND REPORTS.-
(2) have received supplemental security in-
"SEC. 478. INNOVATION GRANTS.
"(1) STATE EVALUATIONS.-Each State ad-
come payments on behalf of children that
"(a) AUTHORITY To MAKE GRANTS.-The
ministering an innovation project under this
the agencies cannot identify or locate, and if
Secretary may make grants, in amounts de-
section shall-
so, the disposition of such payments.
termined by the Secretary, to States with
"(A) provide for ongoing and retrospective
SEC. 404. ALLOCATION OF ADMINISTRATIVE
approved applications described in sub-
evaluation of the project, meeting such con-
COSTS OF DETERMINING ELIGI-
section (c), for the purpose of carrying out
ditions and standards as the Secretary may
BILITY FOR MEDICAID AND TANF.
the innovation projects described in sub-
require: and
(a) MEDICAID.-Section 1903 of the Social
section (b).
"(b) INNOVATION PROJECTS DESCRIBED.-The
"(B) submit to the Secretary such reports,
Security Act (42 U.S.C. 1396b) is amended-
innovation projects described in this sub-
at such times, in such format, and contain-
(1) in subsection (a)(7), by striking "section
ing such information as the Secretary may
1919(g)(3)(B)" and inserting "subsection (x)
section are projects that are designed to
achieve 1 or more of the following goals:
require.
and section 1919(g)(3)(C)"; and
"(1) Reducing a backlog of children in
"(2) REPORTS TO CONGRESS.-The Secretary
(2) by adding at the end the following:
long-term foster care or awaiting adoption
shall, on the basis of reports received from
"(x)(1) Notwithstanding any other provi-
States administering projects under this sec-
sion of law, for purposes of determining the
placement.
tion, submit interim reports, and, not later
amount to be paid to a State under sub-
"(2) Ensuring, not later than 1 year after a
child enters foster care, a permanent place-
than 6 months after the conclusion of all
section (a)(7) for quarters in any fiscal year,
projects administered under this section, a
beginning with fiscal year 1997, amounts ex-
ment for the child.
"(3) Identifying and addressing barriers
final report to Congress. A report submitted
pended for the proper and efficient adminis-
under this subparagraph shall contain an as-
tration of the State plan under this title (in-
that result in delays to permanent place-
ments for children in foster care, including
sessment of the effectiveness of the State
cluding under any waiver of such plan) shall
projects administered under this section and
not include common costs related to deter-
inadequate representation of child welfare
agencies in termination of parental rights
any recommendations for legislative action
mining the eligibility under such State plan
and adoption proceedings, and other barriers
that the Secretary considers appropriate.
(or waiver) of individuals in a household ap-
to termination of parental rights.
"(h) REGULATIONS.-Not later than 60 days
plying for or receiving benefits under the
after the date of enactment. of this section.
State program under part A of title IV un-
"(4) Implementing or expanding commu-
the Secretary shall promulgate final regula-
less the State elects the option described in
nity-based permanency initiatives, particu-
paragraph (2).
larly in communities where families reflect
tions for implementing this section.
the ethnic and racial diversity of children in
"(1) AUTHORIZATION OF APPROPRIATIONS.-
"(2) A State that meets the requirements
the State for whom foster and adoptive
There is authorized to be appropriated to
of paragraph (3) may elect to allocate equal-
make grants under this section not more
ly between the State program under part A
homes are needed.
than $50,000,000 for each of fiscal years 1998
of title IV and the State plan under this title
"(5) Developing and implementing commu-
through 2003.".
(including any waiver of such plan) the ad-
nity-based child protection activities that
ministrative costs associated with such pro-
involve partnerships among State and local
TITLE IV-MISCELLANEOUS
grams that are incurred in serving house-
governments, multiple child-serving agen-
SEC. 401. PRESERVATION OF REASONABLE
holds and individuals eligible or applying for
cies, the schools, and community leaders in
PARENTING.
benefits under the State program under part
an attempt to keep children free from abuse
Nothing in this Act is intended to disrupt
A of title IV and under the State plan (or
and neglect.
the family unnecessarily or to intrude inap-
under a waiver of such plan) under this title.
S9652
CONGRESSIONAL RECORD-SENATE
September 18, 1997
"(3) A State meets the requirements of this
ing children to permanent, safe, loving
the Promotion of Adoption Safety and
paragraph if the Secretary determines that-
homes.
Support for Abused and Neglected Chil-
"(A) the State conforms the eligibility
PASS will fundamentally shift the
dren Act [PASS]. Under Senator
rules and procedures of, and integrates the
foster care paradigm, without destroy-
CHAFEE's committed leadership on chil-
administration of the eligibility procedures
of, the State program funded under part A of
ing what is good and necessary in the
dren's issues, this bipartisan group has
title IV and the State plan under this title
system. For the first time, a child's
worked extremely hard to forge an ef-
(including any waiver of such plan); and
health and safety will have to be the
fective compromise-a compromise
"(B) the State uses the same application
paramount concerns in any decisions
which offers concrete, practical strate-
form for assistance described in section
made by the State. for the first time,
gies to provide permanency in lives of
1931(e)."
efforts to find an adoptive or other per-
foster children and to ensure that
(b) TANF.-
manent home will not only be required
health and safety are built into every
(1) IN GENERAL.-Section 408(a) of the So-
but documented and rewarded. For the
level of America's abuse and neglect
cial Security Act (42 U.S.C. 608(a)) is amend-
ed by adding at the end the following:
first time, steps will have to be taken
system. Central to this entire effort
"(12) DESIGNATION OF GRANTS UNDER THIS
to free a child for adoption or other
was also Senator LARRY CRAIG, who
PART IN ALLOCATING ADMINISTRATIVE COSTS.-
permanent placement if the child has
brought focus and determination to the
Subject to section 1903(x), a State to which a
been languishing in foster care for a
sometimes difficult bipartisan negotia-
grant is made under section 403 shall des-
year or more.
tions. I would like to take this oppor-
ignate the program funded under this part as
These are only some of the many
tunity. to extend my most sincere
the primary program for the purpose of allo-
critical reforms in Pass, designed to
thanks to my other colleagues, Sen-
cating common administrative costs in-
promote adoption, ensure the safety of
ators JEFFORDS, DEWINE, COATS, BOND,
curred in serving households eligible or ap-
abused and neglected children, acceler-
LANDRIEU, and LEVIN for making pos-
plying for benefits under such program and
any other Federal means-tested public bene-
ate permanent placement, and fix flaws
sible this outstanding example of bi-
fit program administered by the State."
in the system. The package, taken as a
partisan teamwork.
(2) EFFECTIVE DATE.-The amendment
whole, will make an enormous dif-
The Promotion of Adoption Safety
made by paragraph (1) to section 408 of the
ference in the lives of thousands of
and Support for Abused and Neglected
Social Security Act (42 U.S.C. 608) shall take
children.
Children Act will fundamentally shift
effect as if included in the enactment of sec-
This comprehensive bill is the prod-
the focus of the foster care system by
tion 103(a) of the Personal Responsibility and
uct of extensive discussion and nego-
insisting that a child's health, safety,
Work Opportunity Reconciliation Act of 1996
tiation among Senators representing a
and opportunity to find a permanent
(Public Law 104-193; 110 Stat. 2112).
veritable universe of viewpoints on
home should be the paramount concern
TITLE V-EFFECTIVE DATE
adoption and foster care reform. Al-
when a State makes any decision con-
SEC. 501. EFFECTIVE DATE.
though we may have come to the table
cerning the well-being of abused and
(a) IN GENERAL-Except as otherwise pro-
vided in this Act. the amendments made by
from different perspectives, we agreed
neglected children. As a comprehensive
on a fundamental principle: that re-
package based on bipartisan consensus,
this Act shall take effect on October 1, 1997.
(b) DELAY PERMITTED IF STATE LEGISLA-
forms are needed to ensure that a
PASS will accelerate and improve the
TION REQUIRED.-In the case of a State plan
child's health, safety and permanency
response to these concerns, promote
under part B or E of title IV of the Social Se-
are paramount concerns of the foster
safe adoptions, and restore safety and
curity Act which the Secretary of Health
care system. In the end, on behalf of
permanency to the lives of abused and
and Human Services determines requires
the children, we came together and re-
neglected children.
State legislation (other than legislation ap-
solved our differences. PASS is the re-
The main objective of this bill is to
propriating funds) in order for the plan to
meet the additional requirements imposed
sult, and I commend it to all our col-
move abused and neglected children
leagues.
into adoptive or other permanent
by the amendments made by this Act, the
Change is needed now; every day of
homes and to do so more quickly and
State plan shall not be regarded as failing to
comply with the requirements of such part
delay is an eternity to a child unfairly
more safely than ever before. Right
solely on the basis of the failure of the plan
bearing the burdens of the current sys-
now, many foster care children are
to meet such additional requirements before
tem. I hope every Senator will take a
forced to wait years before being adopt-
the first day of the first calendar quarter be-
careful look at PASS, and work with
ed-even in cases where loving families
ginning after the close of the first regular
us to achieve true reforms in this area.
are ready and willing to adopt them.
session of the State legislature that begins
Mr. ROCKEFELLER. Mr. President,
Some children lose their chance for
after the date of the enactment of this Act.
For purposes of the previous sentence, in the
abused and neglected children are
adoption altogether. While PASS pre-
case of a State that has a 2-year legislative
among the most vulnerable and poorly
serves the requirement to reunify fami-
session, each year of such session shall be
protected members of American soci-
lies where appropriate, it does not re-
deemed to be a separate regular session of
ety. Too many of these children are
quire States to use reasonable efforts
the State legislature
left to wander aimlessly through the
to reunify families that have been ir-
Mr. CRAIG. Mr. President, I am
foster care system-a system which,
reparably broken by abandonment, tor-
pleased to join my distinguished col-
from the outset, was never designed or
ture, physical abuse, sexual abuse,
leagues in introducing PASS, the Pro-
intended to be a permanent home. We
murder, manslaughter, and sexual as-
motion of Adoption, Safety and Sup-
can no longer continue to sentence
sault. The PASS Act maintains the
port for Abused and Neglected Children
these foster children to endless waits-
delicate balance in protecting the
Act.
a legal limbo in which they no longer
rights of parents and families while
Foster care was never intended to be
feel welcome in their biological fami-
placing primary focus where it should
anything more than a temporary ref-
lies but are unable to be adopted into
be: on the health and safety of child.
uge for children from troubled families.
new and loving homes. Despite the
PASS encourages adoptions by re-
Yet all too often, "temporary" be-
thousands of dedicated foster parents
warding States financial incentives for
comes "permanent," and decisions
and child welfare workers who strive
facilitating adoption for all foster chil-
made for children in the system are
daily to effectively address the many
dren-especially those with special
driven by considerations other than
needs of abused and neglected children
needs which, sadly, make them more
the child's own well-being. Tragically,
in an overloaded system, we know that
difficult to place. For those situations
it's the children who ultimately pay
nothing can replace a permanent and
where children cannot go home again,
for the flaws in the system-sometimes
loving home made by adults who can be
PASS requires States to use reasonable
with their very lives.
counted on without condition or limi-
efforts to place them into safe adoptive
The problem does not lie with the
tation.
homes or into the permanent care of
vast majority of foster parents, rel-
Acknowledging our collective obliga-
loving relatives. In addition, PASS
atives, and caseworkers who work val-
tion to allow no child to fall between
cuts by one-third the time that an
iantly to provide the care needed by
the cracks, I am proud to join together
abused and neglected child must wait
these children. Rather, the problem is
with Senator JOHN CHAFEE and my
in order to be placed in such adoptive
the system itself, and incentives built
other colleagues in a truly extraor-
homes. In response to a candid and fo-
into it, that frustrate the goal of mov-
dinary bipartisan effort to introduce
cused look at today's foster care crisis,
September 18, 1997
CONGRESSIONAL RECORD-SENATE
S9653
the bill also seeks to rescue children
foster care because of abuse and ne-
ing their carriers occur on American
from the legal limbo of the current sys-
glect into permanent homes.
soil. I would like to recognize my col-
tem by requiring States to take the
The PASS Act will provide incentives
leagues in the House, especially Rep-
necessary legal steps to free for adop-
to increase adoptions and reduce by
resentative UNDERWOOD from Guam,
tion those children who have been
one third the amount of time a child
who introduced the companion bill in
forced to linger in the system for a
lingers in foster care waiting for a per-
the House of Representatives earlier
year or more. PASS also prevents fur-
manency plan, with a review required
this week.
ther abuse of children in the foster care
every six months so that foster care is
The legislation, if enacted, would
system by requiring criminal records
truly viewed as a temporary care sys-
build on the family assistance provi-
checks for all foster and adoptive par-
tem for our most vulnerable children.
sions that we enacted last year as part
ents. PASS is about helping the indi-
The bill clarifies "reasonable efforts"
of the Federal Aviation Reauthoriza-
vidual child but, equally as impor-
and establishes a federal standard so
tion Act of 1996. Let me be clear about
tantly, fixing the system.
that the health and safety of the child
one point. Domestic air carriers are al-
It is always the right time to focus
is the primary concern, above family
ready operating under the same legisla-
on the needs of children-especially
reunification interest. There are some
tive requirements set out in the legis-
those unfortunate enough to find them-
parents for whom reunification with
lation before us today.
selves in the sometimes dysfunctional
their children is not reasonable-cer-
The need for extending the require-
labyrinth of the abuse and neglect sys-
tainly sustained abuse or neglect or
ments to foreign air carriers came into
tem. Unfortunately, however, reform
danger of physical harm would fit that
a clear focus with the tragic crash of
has never been more necessary. Presi-
category. In those cases, we need to
Korean Air Flight 801 in Guam. I do not
dent Clinton's "Adoption 2002 Report"
move swiftly to get the children out of
intend to single out Korean Air for
found that there are currently half a
harm's way and then quickly to get
blame. An accident of this magnitude,
million children in temporary foster
them into permanent homes.
involving the loss of more than 200
care placements. One hundred thou-
Just count the number of cases of
lives, in rough and isolated terrain, is
sand of those children should be adopt-
child abuse and neglect that has been
bound to create mass confusion and
ed, but less than half of that number
reported over the past few months. One
hysteria. Even so, coverage of the acci-
too many! A little, five-year old Kansas
dent made us all acutely aware of the
are legally eligible to become part of
City girl named Angel Hart was beaten
criticisms made by the family mem-
an adoptive family. In my home State
and drowned to death by her mother's
bers, and the pain they suffered in rela-
of West Virginia alone, referrals to
Child Protective Services are expected
boyfriend because she could not recite
tion to the search and rescue efforts, as
well as the media involvement follow-
to rise to an all-time high of 17,000 this
the alphabet.
year. Foster care placements have
Under the PASS Act, States are en-
ing the accident.
The U.S. civil, military and Federal
jumped from 2,900 children in January
couraged to enact laws that would
personnel at the scene should be com-
1996 to 3,113 children in January 1997.
make it easier to terminate parental
mended for their contributions toward
These staggering figures reveal a foster
rights in abusive cases and prevent
the search and rescue efforts. I also
care crisis of unprecedented propor-
abused and neglected children from re-
praise their attempts to console and
tions.
turning to homes in which their health
assist family members on Guam, as
PASS is the first step in a vital, on-
and safety are at risk. In addition, this
well as those who traveled to the acci-
going effort to put children at the very
legislation promotes adoption of all
dent site from South Korea and the
top of our national agenda. It is time
special needs children and ensures
continental United States. Without a
that we provide all children with their
health coverage for special needs chil-
doubt, though, their efforts would have
most profound wish: to live in a safe
dren who are adopted.
been more productive had there been &
and loving home with caretakers who
I am very optimistic that Congress
prearranged plan in effect. Greater co-
treat them with respect and dignity. If
will move this bill forward this year.
ordination would have made things
we are unable to address this most fun-
There are far too many innocent lives
easier not only for the victims' family
damental need, these children will not
at stake and no child should be denied
members, but also for the National
be able to grow, learn, and provide a se-
a loving home. Unfortunately, for
Transportation Safety Board [NTSB]
cure place for their own families. It is
thousands of kids now caught in per-
officials and military personnel who
unthinkable to deny abused and no-
manent limbo in the foster care sys-
were on-site and who had to respond
glected children such vital opportuni-
tem, that is exactly what is happening.
immediately in an emotional and po-
ties.
The PASS Act will improve child safe-
tentially hazardous situation.
Mr. BOND. Mr. President, there may
ty and permanency, enabling some
The Foreign Air Carrier Family Sup-
not be many things in life on which
children to return home safely and oth-
port Act would require a foreign air
there is a consensus but I think we all
ers to move to adoptive families more
carrier to provide the Secretary of
can agree on the vital importance of
quickly
Transportation and the Chairman of
ensuring the safety of abused and ne-
the NTSB with a plan for addressing
glected children and moving them out
By Mr. McCAIN (for himself, Mr.
the needs of the families of passengers
of the foster care system more rapialy
GORTON, Mr. HOLLINGS, and Mr.
involved in an aircraft accident that
and into permanent homes. I am proud
FORD):
involves an aircraft under the control
to join with my colleagues in this bi-
S. 1196. A bill to amend title 49, Unit-
of that foreign air carrier. and that in-
partisan effort to develop the new, con-
ed States Code, to require the National
volves a significant loss of life. The
sensus legislation called the Promotion
Transportation Safety Board and indi-
Secretary of Transportation could not
of Adoption, Safety. and Support for
vidual foreign air carriers to address
grant permission for the foreign air
Abused and Neglected Children [PASS]
the needs of families of passengers in-
carrier to operate in the United States
Act.
volved in aircraft accidents involving
unless the Secretary had received a
The reality is that all too often chil-
foreign air carriers; to the Committee
sufficient family assistance plan.
dren simply languish in the foster care
on Commerce, Science, and Transpor-
The family assistance plan required
system. Nationwide, there are more
tation.
of the foreign air carrier would include
than 500,000 children in foster care. In
THE FOREIGN AIR CARRIER FAMILY SUPPORT
a reliable, staffed toll-free number for
Missouri, there are 10,361 children in
ACT
the passengers' families, and a process
the foster care system. Since 1975, the
Mr. McCAIN. Mr. President, I am
for expedient family notification prior
number of reported incidents of abuse
pleased to join with my colleagues,
to public notice of the passengers' iden-
and neglect has increased. from less
Senator GORTON, Senator HOLLINGS and
tities. An NTSB employee would serve
than 10,000 to 52,964 in 1995, an all-time
Senator FORD, to introduce the Foreign
as director of family support services,
high and frightening statistic.
Air Carrier Family Support Act. This
with the assistance of an independent
Federal law has hindered State child
bill would require foreign air carriers
nonprofit organization with experience
welfare agencies from moving more
to implement disaster family assist-
in disasters and post-trauma commu-
quickly to place children who are in
ance plans should an accident involv-
nication with families. The foreign air