Page:United States Statutes at Large Volume 111 Part 3.djvu/30

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Ill STAT. 2118 PUBLIC LAW 105-89—NOV. 19, 1997 (B) in paragraph (5)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting "a safe setting that is" after "placement in"; and (ii) in subparagraph (B)— (I) by inserting "the safety of the child," after "determine"; and (II) by inserting "and safely maintained in" after "returned to". SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE. (a) REQUIREMENT FOR PROCEEDINGS.— Section 475(5) of the Social Security Act (42 U.S.C. 675(5)) is amended— (1) by striking "and" at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting "; and"; and (3) by adding at the end the following: "(E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless— "(i) at the option of the State, the child is being cared for by a relative; "(ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or "(iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's home, if reasonable efforts of the type described in section 471(a)(15)(B)(ii) are required to be made with respect to the child.". (b) DETERMINATION OF BEGINNING OF FOSTER CARE.— Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as amended by subsection (a), is amended— (1) by striking "and" at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting "; and"; and (3) by adding at the end the following: