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HEARING HELD IN WASHINGTON, D.C. ON
MAY 14, 1980

Printed for the use of the Committee on Education and Labor

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COMMITTEE ON EDUCATION AND LABOR

CARL D. PERKINS, Kentucky, Chairman

FRANK THOMPSON, JR., New Jersey

JOHN BRADEMAS, Indiana
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM (BILL) CLAY, Missouri
MARIO BIAGGI, New York

IKE ANDREWS, North Carolina
PAUL SIMON, Illinois

EDWARD P. BEARD, Rhode Island
GEORGE MILLER, California
MICHAEL O. MYERS, Pennsylvania
AUSTIN J. MURPHY, Pennsylvania
TED WEISS, New York

BALTASAR CORRADA, Puerto Rico

DALE E. KILDEE, Michigan

PETER A. PEYSER, New York

EDWARD J. STACK, Florida

PAT WILLIAMS, Montana

WILLIAM R. RATCHFORD, Connecticut

RAY KOGOVSEK, Colorado

DON BAILEY, Pennsylvania

JOHN M. ASHBROOK, Ohio

JOHN N. ERLENBORN, Illinois
JOHN H. BUCHANAN, JR., Alabama

JAMES M. JEFFORDS, Vermont
WILLIAM F. GOODLING, Pennsylvania
MICKEY EDWARDS, Oklahoma
E. THOMAS COLEMAN, Missouri
KEN KRAMER, Colorado
ARLEN ERDAHL, Minnesota
THOMAS J. TAUKE, Iowa
DANIEL B. CRANE, Illinois
JON HINSON, Mississippi

THOMAS E. PETRI, Wisconsin

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CONTENTS

Page

Hearing held in Washington, D.C., on May 14, 1980......

Statements of-

1

Birth Mother (alias for anonymous individual).

8

Burgess, Linda, Washington, D.C..

131

Duncan, Sydney, executive director, Homes for Black Children,
Detroit, Mich..

163

Dusky, Lorraine, New York, N.Y

120

Fisher, Florence, New York, N.Y.

133

Flynn, Laurie, executive director, North American Council on
Adoptable Children...

156

Hoagwood, Barbara, director, Adoption and Foster Home Unit,
Prince Georges County Department of Social Services---
McKay, William, Fort Worth, Tex..

115

11

Perales, Cesar, Ássistant Secretary, Office of Human Development
Services, Department of Health and Human Services, accompanied
by Frank Ferro, Associate Chief, Children's Bureau and Susan A.
Weber, Director, Training and Technical Assistance Division,
Children's Bureau..

Rosen, Mrs. Lou, New York, N. Y.
Schur, William, Fort Worth, Tex..

Scull, David, Chevy Chase, Md.

Theban, John, director, Family and Child Services, Washington, D.C.
Tremitiere, William C., administrator, Services for Children and

2

9

15

118

164

160

Dusky, Lorraine, author of "Birthmark," prepared statement of-----
Flynn, Laurie M., executive director, North American Council on
Adoptable Children, Inc., Washington, D.C., prepared testimony

125

142

Youth, Tressler-Lutheran Services Associations__

Prepared statements, letters, supplemental materials, etc.—

of_

Schur, William M., Fort Worth, Tex.:

"Alternative Model State Adoption Act," second revised dis-
cussion draft__

65

"Alternative Model State Act for Termination of Parent-Child
Relationship," second revised discussion draft..

18

Letter to Chairman Simon, dated May 14, 1980, re proposed
Model State Adoption Act..

106

Theban, John, executive director, Family and Child Services of D.C.:
"Adoption Service, a 10-Year Bibliography of CWLA Publica-
tions 1968 Through 1978," attachment I..

168

Commentary and critical analysis of the Model Adoption Act,
attachment III..

189

Memorandum to member agencies and league board, dated
April 10, 1980, attachment II..

176

Prepared statement of..

66

Tremitiere, William C., administrator, Services for Children and
Youth, Tressler-Lutheran Service Associates, Inc., addendum
to testimony by...

161

Weber, Susan A., director, Training and Technical Assistance
Division, Children's Bureau, "Persons Attending the Panel
Meeting, Appendix A”.

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7

APPENDIX

Adoptees' Liberty Movement Association (ALMA), New York, N.Y.:
"For Immediate Release".

"The ALMA International Reunion Registry Databank".
American Academy of Pediatrics, Arlington, Va., testimony of
Ballengee, Virginia Rader, Washington, D.C., testimony of personal
experience.

Butcher, Preston, letter to Marion Wagner, comments on Model Adoption
Act_.

Congressional group statement, Model State Adoption Act, statement on
behalf of Congressman Gary Lee and Congressman John W. Wydler......
Falls, Judith, Roxton, Tex.:

Page

270

271

229

256

227

266

236

237

267

241

Illinois Catholic Conference, Social Services Division, Model State Adop-
tion Act analysis and commentary.

244

220

224

Letter from Chairman Simon, dated May 5, 1980---

Letter to Chairman Simon, dated April 18, 1980, enclosing comments__
Foster, Dr. Austin, clinical psychologist, comments of...

Gore, Hon. Albert, Jr., a Representative in Congress from the State of
Tennessee, testimony of __

Krebsbach, Robert L., M.D., letter to Tom Birch, dated May 22, 1980--
Ligon, Duke R., partner, Bracewell & Patterson, Washington, D.C.,
letter to Chairman Simon, dated April 29, 1980.
Newspaper articles:

"Court Judgment Wipes Out Legal Existence of Little Stevie
Dawson," from Longview Morning Journal, March 20, 1980.
"Gilmer Couple Decline Offer To Exchange Stevie," from Longview
Morning Journal, March 19, 1980__

278

276

"Little Stevie Became the Center of Legal Wrangle Over Custody,"
from Longview Daily News, March 17, 1980--

274

"The Room is Empty, the House is Quiet, Stevie is Gone," from
Longview Morning Journal, March 16, 1980..-

273

"Town Gets Behind Couple's Court Fight To Adopt Boy," from the
Dallas Morning News, March 30, 1980..

Polsby, Daniel D., professor of law, Northwestern University School of
Law, Chicago, Ill., letter to Chairman Simon, dated May 19, 1980_.
Rollins, Jay, Bowie, Md., testimony in favor of open records.
Valiente-Barksdale, Clara, executive director, New York, Council on
Adoptable Children, New York, N. Y., letter to Chairman Simon, dated
May 14, 1980, enclosing testimony of..

279

222

217

251

Vieni, Miriam, M.S.W., A.C.S. W., C.S.W., Westbury, N. Y., letter to
Diane D. Broadhurst, dated May 5, 1980-

239

OVERSIGHT HEARING ON MODEL STATE ADOPTION

ACT

WEDNESDAY, MAY 14, 1980

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON SELECT EDUCATION,

COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:04 a.m. in room 2261, Rayburn House Office Building, Hon. Paul Simon (chairman of the subcommittee) presiding.

Members present: Representatives Simon, Beard, Kramer, and Erdahl.

Staff present: Judith Wagner, staff director; Thomas Birch, counsel; Sylvia Corbin, executive secretary; Dianna Cregger, secretary; Terri Sneider, minority legislative associated; William C. Clohan, minority counsel for education.

Mr. SIMON. The subcommittee meeting will come to order.

The Subcommittee on Select Education is considering the proposed model State adoption act.

In 1978 Congress enacted legislation designed to help the elimination of barriers to the adoption of children in institutions and foster homes who are often because of age, race, or disability, difficult to place. That Federal legislation, the Adoption Opportunities Act, mandated the Secretary of HEW to appoint an advisory panel whose job it would be to develop a model State adoption act that would serve to remove some of the legislative barriers to adoption.

The panel has completed its work, the draft has been published in the Federal Register and will be open for comment for 120 days, until June 15. This hearing has been called to enable the subcommittee to hear testimony on the model act as it has been developed so far.

I think it is important to emphasize that discussion this morning on the model legislation will center on what the advisory panel has proposed to the Secretary of HEW. In addition to receiving written comments, HEW has held public meetings in each of the 10 Federal regions to elicit additional comments on the provisions of the proposed model act.

After the comments have been considered and the panel consulted further, HEW will issue a final model act. Then it will be up to the States to decide whether to enact or reject, in whole or in part, the provisions of the model legislation. I would encourage all individuals who wish to make their views known on the proposals of the advisory panel to address their concerns to the new Department of Health and Human Services-I have to get used to that title-before June 15.

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