[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Enrolled Bill (ENR)]

        S.919

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
To modify and reauthorize the Child Abuse Prevention and Treatment Act, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Child Abuse 
Prevention and Treatment Act Amendments of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.

   TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 100. Findings.

                       Subtitle A--General Program

Sec. 101. Office on Child Abuse and Neglect.
Sec. 102. Advisory Board on Child Abuse and Neglect.
Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.
Sec. 104. National clearinghouse for information relating to child 
          abuse.
Sec. 105. Research, evaluation and assistance activities.
Sec. 106. Grants for demonstration programs.
Sec. 107. State grants for prevention and treatment programs.
Sec. 108. Repeal.
Sec. 109. Miscellaneous requirements.
Sec. 110. Definitions.
Sec. 111. Authorization of appropriations.
Sec. 112. Rule of construction.
Sec. 113. Technical and conforming amendments.

     Subtitle B--Community-Based Family Resource and Support Grants

Sec. 121. Establishment of program.

 Subtitle C--Certain Preventive Services Regarding Children of Homeless 
              Families or Families At Risk of Homelessness

Sec. 131. Repeal of title III.

                  Subtitle D--Miscellaneous Provisions

Sec. 141. Table of contents.
Sec. 142. Repeals of other laws.

                   TITLE II--AMENDMENTS TO OTHER ACTS

         Subtitle A--Family Violence Prevention and Services Act

Sec. 201. State demonstration grants.
Sec. 202. Allotments.
Sec. 203. Authorization of appropriations.

Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform Act 
                of 1978 (``Adoption Opportunities Act'')

Sec. 211. Findings and purpose.
Sec. 212. Information and services.
Sec. 213. Authorization of appropriations.

          Subtitle C--Abandoned Infants Assistance Act of 1988

Sec. 221. Priority requirement.
Sec. 222. Reauthorization.

             Subtitle D--Reauthorization of Various Programs

Sec. 231. Missing Children's Assistance Act.
Sec. 232. Victims of Child Abuse Act of 1990.

  TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

SEC. 100. FINDINGS.

    Section 2 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5101 note) is amended--
        (1) in paragraph (1), to read as follows:
        ``(1) each year, close to 1,000,000 American children are 
    victims of abuse and neglect;'';
        (2) in paragraph (3)(C), by inserting ``assessment,'' after 
    ``prevention,'';
        (3) in paragraph (4)--
            (A) by striking ``tens of''; and
            (B) by striking ``direct'' and all that follows through the 
        semicolon and inserting ``tangible expenditures, as well as 
        significant intangible costs;'';
        (4) in paragraph (7), by striking ``remedy the causes of'' and 
    inserting ``prevent'';
        (5) in paragraph (8), by inserting ``safety,'' after ``fosters 
    the health,'';
        (6) in paragraph (10)--
            (A) by striking ``ensure that every community in the United 
        States has'' and inserting ``assist States and communities 
        with''; and
            (B) after ``child'' insert ``and family''; and
        (7) in paragraph (11)--
            (A) by striking ``child protection'' each place that such 
        term appears and inserting ``child and family protection''; and
            (B) in subparagraph (D), by striking ``sufficient''.

                      Subtitle A--General Program

SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

    Section 101 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5101) is amended to read as follows:

``SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

    ``(a) Establishment.--The Secretary of Health and Human Services 
may establish an office to be known as the Office on Child Abuse and 
Neglect.
    ``(b) Purpose.--The purpose of the Office established under 
subsection (a) shall be to execute and coordinate the functions and 
activities of this Act. In the event that such functions and activities 
are performed by another entity or entities within the Department of 
Health and Human Services, the Secretary shall ensure that such 
functions and activities are executed with the necessary expertise and 
in a fully coordinated manner involving regular intradepartmental and 
interdepartmental consultation with all agencies involved in child 
abuse and neglect activities.''.

SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

    Section 102 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5102) is amended to read as follows:

``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

    ``(a) Appointment.--The Secretary may appoint an advisory board to 
make recommendations to the Secretary and to the appropriate committees 
of Congress concerning specific issues relating to child abuse and 
neglect.
    ``(b) Solicitation of Nominations.--The Secretary shall publish a 
notice in the Federal Register soliciting nominations for the 
appointment of members of the advisory board under subsection (a).
    ``(c) Composition.--In establishing the board under subsection (a), 
the Secretary shall appoint members from the general public who are 
individuals knowledgeable in child abuse and neglect prevention, 
intervention, treatment, or research, and with due consideration to 
representation of ethnic or racial minorities and diverse geographic 
areas, and who represent--
        ``(1) law (including the judiciary);
        ``(2) psychology (including child development);
        ``(3) social services (including child protective services);
        ``(4) medicine (including pediatrics);
        ``(5) State and local government;
        ``(6) organizations providing services to disabled persons;
        ``(7) organizations providing services to adolescents;
        ``(8) teachers;
        ``(9) parent self-help organizations;
        ``(10) parents' groups;
        ``(11) voluntary groups;
        ``(12) family rights groups; and
        ``(13) children's rights advocates.
    ``(d) Vacancies.--Any vacancy in the membership of the board shall 
be filled in the same manner in which the original appointment was 
made.
    ``(e) Election of Officers.--The board shall elect a chairperson 
and vice-chairperson at its first meeting from among the members of the 
board.
    ``(f) Duties.--Not later than 1 year after the establishment of the 
board under subsection (a), the board shall submit to the Secretary and 
the appropriate committees of Congress a report, or interim report, 
containing--
        ``(1) recommendations on coordinating Federal, State, and local 
    child abuse and neglect activities with similar activities at the 
    Federal, State, and local level pertaining to family violence 
    prevention;
        ``(2) specific modifications needed in Federal and State laws 
    and programs to reduce the number of unfounded or unsubstantiated 
    reports of child abuse or neglect while enhancing the ability to 
    identify and substantiate legitimate cases of abuse or neglect 
    which place a child in danger; and
        ``(3) recommendations for modifications needed to facilitate 
    coordinated national data collection with respect to child 
    protection and child welfare.''.

SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT.

    Section 103 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5103) is repealed.

SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
              ABUSE.

    Section 104 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5104) is amended--
        (1) in subsection (a), to read as follows:
    ``(a) Establishment.--The Secretary shall through the Department, 
or by one or more contracts of not less than 3 years duration let 
through a competition, establish a national clearinghouse for 
information relating to child abuse.'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``Director'' and inserting ``Secretary'';
            (B) in paragraph (1)--
                (i) by inserting ``assessment,'' after ``prevention,''; 
            and
                (ii) by striking ``, including'' and all that follows 
            and inserting ``; and'';
            (C) in paragraph (2)--
                (i) in subparagraph (A), by striking ``general 
            population'' and inserting ``United States'';
                (ii) in subparagraph (B), by adding ``and'' at the end;
                (iii) in subparagraph (C), by striking ``; and'' at the 
            end and inserting a period; and
                (iv) by striking subparagraph (D); and
            (D) by striking paragraph (3); and
        (3) in subsection (c)--
            (A) in the matter preceding paragraph (1)--
                (i) by striking ``In establishing'' and inserting the 
            following:
        ``(1) In general.--In establishing''; and
                (ii) by striking ``Director'' and inserting 
            ``Secretary'';
            (B) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and by moving the 
        text of subparagraphs (A) through (D) (as redesignated) 2 ems 
        to the right;
            (C) in subparagraph (B) (as redesignated), by striking 
        ``that is represented on the task force'' and inserting 
        ``involved with child abuse and neglect and mechanisms for the 
        sharing of such information among other Federal agencies and 
        clearinghouses'';
            (D) in subparagraph (C) (as redesignated), by striking 
        ``State, regional'' and all that follows and inserting the 
        following: ``Federal, State, regional, and local child welfare 
        data systems which shall include--
                ``(i) standardized data on false, unfounded, 
            unsubstantiated, and substantiated reports; and
                ``(ii) information on the number of deaths due to child 
            abuse and neglect;'';
            (E) by redesignating subparagraph (D) (as redesignated) as 
        subparagraph (F);
            (F) by inserting after subparagraph (C) (as redesignated), 
        the following new subparagraphs:
            ``(D) through a national data collection and analysis 
        program and in consultation with appropriate State and local 
        agencies and experts in the field, collect, compile, and make 
        available State child abuse and neglect reporting information 
        which, to the extent practical, shall be universal and case 
        specific and integrated with other case-based foster care and 
        adoption data collected by the Secretary;
            ``(E) compile, analyze, and publish a summary of the 
        research conducted under section 105(a); and''; and
            (G) by adding at the end the following:
        ``(2) Confidentiality requirement.--In carrying out paragraph 
    (1)(D), the Secretary shall ensure that methods are established and 
    implemented to preserve the confidentiality of records relating to 
    case specific data.''.

SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

    (a) Research.--Section 105(a) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5105(a)) is amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``, through the Center, conduct research on'' and inserting ``, 
        in consultation with other Federal agencies and recognized 
        experts in the field, carry out a continuing interdisciplinary 
        program of research that is designed to provide information 
        needed to better protect children from abuse or neglect and to 
        improve the well-being of abused or neglected children, with at 
        least a portion of such research being field initiated. Such 
        research program may focus on'';
            (B) by redesignating subparagraphs (A) through (C) as 
        subparagraph (B) through (D), respectively;
            (C) by inserting before subparagraph (B) (as so 
        redesignated) the following new subparagraph:
            ``(A) the nature and scope of child abuse and neglect;'';
            (D) in subparagraph (B) (as so redesignated), to read as 
        follows:
            ``(B) causes, prevention, assessment, identification, 
        treatment, cultural and socio-economic distinctions, and the 
        consequences of child abuse and neglect;''; and
            (E) in subparagraph (D) (as so redesignated)--
                (i) by striking clause (ii);
                (ii) in clause (iii), to read as follows:
                ``(ii) the incidence of substantiated and 
            unsubstantiated reported child abuse cases;''; and
                (iii) by adding at the end the following:
                ``(iii) the number of substantiated cases that result 
            in a judicial finding of child abuse or neglect or related 
            criminal court convictions;
                ``(iv) the extent to which the number of 
            unsubstantiated, unfounded and false reported cases of 
            child abuse or neglect have contributed to the inability of 
            a State to respond effectively to serious cases of child 
            abuse or neglect;
                ``(v) the extent to which the lack of adequate 
            resources and the lack of adequate training of individuals 
            required by law to report suspected cases of child abuse 
            have contributed to the inability of a State to respond 
            effectively to serious cases of child abuse and neglect;
                ``(vi) the number of unsubstantiated, false, or 
            unfounded reports that have resulted in a child being 
            placed in substitute care, and the duration of such 
            placement;
                ``(vii) the extent to which unsubstantiated reports 
            return as more serious cases of child abuse or neglect;
                ``(viii) the incidence and prevalence of physical, 
            sexual, and emotional abuse and physical and emotional 
            neglect in substitute care; and
                ``(ix) the incidence and outcomes of abuse allegations 
            reported within the context of divorce, custody, or other 
            family court proceedings, and the interaction between this 
            venue and the child protective services system.''; and
        (2) in paragraph (2)--
            (A) in subparagraph (A)--
                (i) by striking ``and demonstration''; and
                (ii) by striking ``paragraph (1)(A) and activities 
            under section 106'' and inserting ``paragraph (1)''; and
            (B) in subparagraph (B), by striking ``and demonstration''.
    (b) Repeal.--Subsection (b) of section 105 of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5105(b)) is repealed.
    (c) Technical Assistance.--Section 105(c) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5105(c)) is amended--
        (1) by striking ``(c)'' and inserting ``(b)'';
        (2) by striking ``The Secretary'' and inserting:
        ``(1) In general.--The Secretary'';
        (3) by striking ``, through the Center,'';
        (4) by inserting ``State and local'' before ``public and 
    nonprofit'';
        (5) by inserting ``assessment,'' before ``identification''; and
        (6) by adding at the end thereof the following new paragraphs:
        ``(2) Evaluation.--Such technical assistance may include an 
    evaluation or identification of--
            ``(A) various methods and procedures for the investigation, 
        assessment, and prosecution of child physical and sexual abuse 
        cases;
            ``(B) ways to mitigate psychological trauma to the child 
        victim; and
            ``(C) effective programs carried out by the States under 
        titles I and II.
        ``(3) Dissemination.--The Secretary may provide for and 
    disseminate information relating to various training resources 
    available at the State and local level to--
            ``(A) individuals who are engaged, or who intend to engage, 
        in the prevention, identification, and treatment of child abuse 
        and neglect; and
            ``(B) appropriate State and local officials to assist in 
        training law enforcement, legal, judicial, medical, mental 
        health, education, and child welfare personnel in appropriate 
        methods of interacting during investigative, administrative, 
        and judicial proceedings with children who have been subjected 
        to abuse.''.
    (d) Grants and Contracts.--Section 105(d) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5105(d)) is amended--
        (1) by striking ``(d)'' and inserting ``(c)''; and
        (2) in paragraph (2), by striking the second sentence.
    (e) Peer Review.--Section 105(e) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5105(e)) is amended--
        (1) in the heading preceding paragraph (1), by striking ``(e)'' 
    and inserting ``(d)'';
        (2) in paragraph (1)--
            (A) in subparagraph (A)--
                (i) by striking ``establish a formal'' and inserting 
            ``, in consultation with experts in the field and other 
            federal agencies, establish a formal, rigorous, and 
            meritorious'';
                (ii) by striking ``and contracts''; and
                (iii) by adding at the end thereof the following new 
            sentence: ``The purpose of this process is to enhance the 
            quality and usefulness of research in the field of child 
            abuse and neglect.''; and
            (B) in subparagraph (B)--
                (i) by striking ``Office of Human Development'' and 
            inserting ``Administration on Children and Families''; and
                (ii) by adding at the end thereof the following new 
            sentence: ``The Secretary shall ensure that the peer review 
            panel utilizes scientifically valid review criteria and 
            scoring guidelines for review committees.'';
        (3) in paragraph (2)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``, contract, or other financial assistance''; and
            (B) by adding at the end thereof the following flush 
        sentence:
    ``The Secretary shall award grants under this section on the basis 
    of competitive review.''; and
        (4) in paragraph (3)(B), by striking ``subsection (e)(2)(B)'' 
    each place it appears and inserting ``paragraph (2)(B)''.
    (f) Technical Amendment.--Section 105 of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5105) is amended in the section heading by 
striking ``OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT''.

SEC. 106. GRANTS FOR DEMONSTRATION PROGRAMS.

    Section 106 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106) is amended--
        (1) in the section heading, by striking ``OR SERVICE'';
        (2) in subsection (a), to read as follows:
    ``(a) Demonstration Programs and Projects.--The Secretary may make 
grants to, and enter into contracts with, public agencies or private 
nonprofit agencies or organizations (or combinations of such agencies 
or organizations) for time limited, demonstration programs and projects 
for the following purposes:
        ``(1) Training programs.--The Secretary may award grants to 
    public or private nonprofit organizations under this section--
            ``(A) for the training of professional and paraprofessional 
        personnel in the fields of medicine, law, education, social 
        work, and other relevant fields who are engaged in, or intend 
        to work in, the field of prevention, identification, and 
        treatment of child abuse and neglect, including the links 
        between domestic violence and child abuse;
            ``(B) to improve the recruitment, selection, and training 
        of volunteers serving in public and private nonprofit children, 
        youth and family service organizations in order to prevent 
        child abuse and neglect through collaborative analysis of 
        current recruitment, selection, and training programs and 
        development of model programs for dissemination and replication 
        nationally; and
            ``(C) for the establishment of resource centers for the 
        purpose of providing information and training to professionals 
        working in the field of child abuse and neglect.
        ``(2) Mutual support programs.--The Secretary may award grants 
    to private nonprofit organizations (such as Parents Anonymous) to 
    establish or maintain a national network of mutual support and 
    self-help programs as a means of strengthening families in 
    partnership with their communities.
        ``(3) Other innovative programs and projects.--
            ``(A) In general.--The Secretary may award grants to public 
        and private nonprofit agencies that demonstrate innovation in 
        responding to reports of child abuse and neglect including 
        programs of collaborative partnerships between the State child 
        protective services agency, community social service agencies 
        and family support programs, schools, churches and synagogues, 
        and other community agencies to allow for the establishment of 
        a triage system that--
                ``(i) accepts, screens and assesses reports received to 
            determine which such reports require an intensive 
            intervention and which require voluntary referral to 
            another agency, program or project;
                ``(ii) provides, either directly or through referral, a 
            variety of community-linked services to assist families in 
            preventing child abuse and neglect; and
                ``(iii) provides further investigation and intensive 
            intervention where the child's safety is in jeopardy.
            ``(B) Kinship care.--The Secretary may award grants to 
        public and private nonprofit entities in not more than 10 
        States to assist such entities in developing or implementing 
        procedures using adult relatives as the preferred placement for 
        children removed from their home, where such relatives are 
        determined to be capable of providing a safe nurturing 
        environment for the child and where such relatives comply with 
        the State child protection standards.
            ``(C) Promotion of safe, family-friendly physical 
        environments for visitation and exchange.--The Secretary may 
        award grants to entities to assist such entities in 
        establishing and operating safe, family-friendly physical 
        environments--
                ``(i) for court-ordered supervised visitation between 
            children and abusing parents; and
                ``(ii) to safely facilitate the exchange of children 
            for visits with noncustodian parents in cases of domestic 
            violence.'';
        (3) by striking subsection (b);
        (4) by redesignating subsection (c) as subsection (b);
        (5) in subsection (b) (as redesignated)--
            (A) by striking paragraphs (1) and (2); and
            (B) by redesignating paragraphs (3) through (7) as 
        paragraphs (1) through (5), respectively; and
        (6) by adding at the end the following new subsection:
    ``(c) Evaluation.--In making grants for demonstration projects 
under this section, the Secretary shall require all such projects to be 
evaluated for their effectiveness. Funding for such evaluations shall 
be provided either as a stated percentage of a demonstration grant or 
as a separate grant entered into by the Secretary for the purpose of 
evaluating a particular demonstration project or group of projects.''.

SEC. 107. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

    Section 107 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106a) is amended to read as follows:

``SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
              TREATMENT PROGRAMS.

    ``(a)  Development and Operation Grants.--The Secretary shall make 
grants to the States, based on the population of children under the age 
of 18 in each State that applies for a grant under this section, for 
purposes of assisting the States in improving the child protective 
services system of each such State in--
        ``(1) the intake, assessment, screening, and investigation of 
    reports of abuse and neglect;
        ``(2)(A) creating and improving the use of multidisciplinary 
    teams and interagency protocols to enhance investigations; and
        ``(B) improving legal preparation and representation, 
    including--
            ``(i) procedures for appealing and responding to appeals of 
        substantiated reports of abuse and neglect; and
            ``(ii) provisions for the appointment of an individual 
        appointed to represent a child in judicial proceedings;
        ``(3) case management and delivery of services provided to 
    children and their families;
        ``(4) enhancing the general child protective system by 
    improving risk and safety assessment tools and protocols, 
    automation systems that support the program and track reports of 
    child abuse and neglect from intake through final disposition and 
    information referral systems;
        ``(5) developing, strengthening, and facilitating training 
    opportunities and requirements for individuals overseeing and 
    providing services to children and their families through the child 
    protection system;
        ``(6) developing and facilitating training protocols for 
    individuals mandated to report child abuse or neglect;
        ``(7) developing, strengthening, and supporting child abuse and 
    neglect prevention, treatment, and research programs in the public 
    and private sectors;
        ``(8) developing, implementing, or operating--
            ``(A) information and education programs or training 
        programs designed to improve the provision of services to 
        disabled infants with life-threatening conditions for--
                ``(i) professional and paraprofessional personnel 
            concerned with the welfare of disabled infants with life-
            threatening conditions, including personnel employed in 
            child protective services programs and health-care 
            facilities; and
                ``(ii) the parents of such infants; and
            ``(B) programs to assist in obtaining or coordinating 
        necessary services for families of disabled infants with life-
        threatening conditions, including--
                ``(i) existing social and health services;
                ``(ii) financial assistance; and
                ``(iii) services necessary to facilitate adoptive 
            placement of any such infants who have been relinquished 
            for adoption; or
        ``(9) developing and enhancing the capacity of community-based 
    programs to integrate shared leadership strategies between parents 
    and professionals to prevent and treat child abuse and neglect at 
    the neighborhood level.
    ``(b) Eligibility Requirements.--
        ``(1) State plan.--
            ``(A) In general.--To be eligible to receive a grant under 
        this section, a State shall, at the time of the initial grant 
        application and every 5 years thereafter, prepare and submit to 
        the Secretary a State plan that specifies the areas of the 
        child protective services system described in subsection (a) 
        that the State intends to address with amounts received under 
        the grant.
            ``(B) Additional requirement.--After the submission of the 
        initial grant application under subparagraph (A), the State 
        shall provide notice to the Secretary of any substantive 
        changes to any State law relating to the prevention of child 
        abuse and neglect that may affect the eligibility of the State 
        under this section.
        ``(2) Coordination.--A State plan submitted under paragraph (1) 
    shall, to the maximum extent practicable, be coordinated with the 
    State plan under part B of title IV of the Social Security Act 
    relating to child welfare services and family preservation and 
    family support services, and shall contain an outline of the 
    activities that the State intends to carry out using amounts 
    received under the grant to achieve the purposes of this title, 
    including--
            ``(A) an assurance in the form of a certification by the 
        chief executive officer of the State that the State has in 
        effect and is enforcing a State law, or has in effect and is 
        operating a Statewide program, relating to child abuse and 
        neglect that includes--
                ``(i) provisions or procedures for the reporting of 
            known and suspected instances of child abuse and neglect;
                ``(ii) procedures for the immediate screening, safety 
            assessment, and prompt investigation of such reports;
                ``(iii) procedures for immediate steps to be taken to 
            ensure and protect the safety of the abused or neglected 
            child and of any other child under the same care who may 
            also be in danger of abuse or neglect and ensuring their 
            placement in a safe environment;
                ``(iv) provisions for immunity from prosecution under 
            State and local laws and regulations for individuals making 
            good faith reports of suspected or known instances of child 
            abuse or neglect;
                ``(v) methods to preserve the confidentiality of all 
            records in order to protect the rights of the child and of 
            the child's parents or guardians, including requirements 
            ensuring that reports and records made and maintained 
            pursuant to the purposes of this Act shall only be made 
            available to--

                    ``(I) individuals who are the subject of the 
                report;
                    ``(II) Federal, State, or local government 
                entities, or any agent of such entities, having a need 
                for such information in order to carry out its 
                responsibilities under law to protect children from 
                abuse and neglect;
                    ``(III) child abuse citizen review panels;
                    ``(IV) child fatality review panels;
                    ``(V) a grand jury or court, upon a finding that 
                information in the record is necessary for the 
                determination of an issue before the court or grand 
                jury; and
                    ``(VI) other entities or classes of individuals 
                statutorily authorized by the State to receive such 
                information pursuant to a legitimate State purpose;

                ``(vi) provisions which allow for public disclosure of 
            the findings or information about the case of child abuse 
            or neglect which has resulted in a child fatality or near 
            fatality;
                ``(vii) the cooperation of State law enforcement 
            officials, court of competent jurisdiction, and appropriate 
            State agencies providing human services in the 
            investigation, assessment, prosecution, and treatment of 
            child abuse or neglect;
                ``(viii) provisions requiring, and procedures in place 
            that facilitate the prompt expungement of any records that 
            are accessible to the general public or are used for 
            purposes of employment or other background checks in cases 
            determined to be unsubstantiated or false, except that 
            nothing in this section shall prevent State child 
            protective services agencies from keeping information on 
            unsubstantiated reports in their casework files to assist 
            in future risk and safety assessment;
                ``(ix) provisions and procedures requiring that in 
            every case involving an abused or neglected child which 
            results in a judicial proceeding, a guardian ad litem, who 
            may be an attorney or a court appointed special advocate 
            (or both), shall be appointed to represent the child in 
            such proceedings--

                    ``(I) to obtain first-hand, a clear understanding 
                of the situation and needs of the child; and
                    ``(II) to make recommendations to the court 
                concerning the best interests of the child;

                ``(x) the establishment of citizen review panels in 
            accordance with subsection (c);
                ``(xi) provisions, procedures, and mechanisms to be 
            effective not later than 2 years after the date of the 
            enactment of this section--

                    ``(I) for the expedited termination of parental 
                rights in the case of any infant determined to be 
                abandoned under State law; and
                    ``(II) by which individuals who disagree with an 
                official finding of abuse or neglect can appeal such 
                finding;

                ``(xii) provisions, procedures, and mechanisms to be 
            effective not later than 2 years after the date of the 
            enactment of this section that assure that the State does 
            not require reunification of a surviving child with a 
            parent who has been found by a court of competent 
            jurisdiction--

                    ``(I) to have committed murder (which would have 
                been an offense under section 1111(a) of title 18, 
                United States Code, if the offense had occurred in the 
                special maritime or territorial jurisdiction of the 
                United States) of another child of such parent;
                    ``(II) to have committed voluntary manslaughter 
                (which would have been an offense under section 1112(a) 
                of title 18, United States Code, if the offense had 
                occurred in the special maritime or territorial 
                jurisdiction of the United States) of another child of 
                such parent;
                    ``(III) to have aided or abetted, attempted, 
                conspired, or solicited to commit such murder or 
                voluntary manslaughter; or
                    ``(IV) to have committed a felony assault that 
                results in the serious bodily injury to the surviving 
                child or another child of such parent; and

                ``(xiii) an assurance that, upon the implementation by 
            the State of the provisions, procedures, and mechanisms 
            under clause (xii), conviction of any one of the felonies 
            listed in clause (xii) constitute grounds under State law 
            for the termination of parental rights of the convicted 
            parent as to the surviving children (although case-by-case 
            determinations of whether or not to seek termination of 
            parental rights shall be within the sole discretion of the 
            State);
            ``(B) an assurance that the State has in place procedures 
        for responding to the reporting of medical neglect (including 
        instances of withholding of medically indicated treatment from 
        disabled infants with life-threatening conditions), procedures 
        or programs, or both (within the State child protective 
        services system), to provide for--
                ``(i) coordination and consultation with individuals 
            designated by and within appropriate health-care 
            facilities;
                ``(ii) prompt notification by individuals designated by 
            and within appropriate health-care facilities of cases of 
            suspected medical neglect (including instances of 
            withholding of medically indicated treatment from disabled 
            infants with life-threatening conditions); and
                ``(iii) authority, under State law, for the State child 
            protective services system to pursue any legal remedies, 
            including the authority to initiate legal proceedings in a 
            court of competent jurisdiction, as may be necessary to 
            prevent the withholding of medically indicated treatment 
            from disabled infants with life threatening conditions;
            ``(C) a description of--
                ``(i) the services to be provided under the grant to 
            individuals, families, or communities, either directly or 
            through referrals aimed at preventing the occurrence of 
            child abuse and neglect;
                ``(ii) the training to be provided under the grant to 
            support direct line and supervisory personnel in report 
            taking, screening, assessment, decision making, and 
            referral for investigating suspected instances of child 
            abuse and neglect; and
                ``(iii) the training to be provided under the grant for 
            individuals who are required to report suspected cases of 
            child abuse and neglect; and
            ``(D) an assurance or certification that the programs or 
        projects relating to child abuse and neglect carried out under 
        part B of title IV of the Social Security Act comply with the 
        requirements set forth in paragraph (1) and this paragraph.
        ``(3) Limitation.--With regard to clauses (v) and (vi) of 
    paragraph (2)(A), nothing in this section shall be construed as 
    restricting the ability of a State to refuse to disclose 
    identifying information concerning the individual initiating a 
    report or complaint alleging suspected instances of child abuse or 
    neglect, except that the State may not refuse such a disclosure 
    where a court orders such disclosure after such court has reviewed, 
    in camera, the record of the State related to the report or 
    complaint and has found it has reason to believe that the reporter 
    knowingly made a false report.
        ``(4) Definitions.--For purposes of this subsection--
            ``(A) the term `near fatality' means an act that, as 
        certified by a physician, places the child in serious or 
        critical condition; and
            ``(B) the term `serious bodily injury' means bodily injury 
        which involves substantial risk of death, extreme physical 
        pain, protracted and obvious disfigurement, or protracted loss 
        or impairment of the function of a bodily member, organ, or 
        mental faculty.
    ``(c) Citizen Review Panels.--
        ``(1) Establishment.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        each State to which a grant is made under this section shall 
        establish not less than 3 citizen review panels.
            ``(B) Exceptions.--
                ``(i) Establishment of panels by states receiving 
            minimum allotment.--A State that receives the minimum 
            allotment of $175,000 under section 203(b)(1)(A) for a 
            fiscal year shall establish not less than 1 citizen review 
            panel.
                ``(ii) Designation of existing entities.--A State may 
            designate as panels for purposes of this subsection one or 
            more existing entities established under State or Federal 
            law, such as child fatality panels or foster care review 
            panels, if such entities have the capacity to satisfy the 
            requirements of paragraph (4) and the State ensures that 
            such entities will satisfy such requirements.
        ``(2) Membership.--Each panel established pursuant to paragraph 
    (1) shall be composed of volunteer members who are broadly 
    representative of the community in which such panel is established, 
    including members who have expertise in the prevention and 
    treatment of child abuse and neglect.
        ``(3) Meetings.--Each panel established pursuant to paragraph 
    (1) shall meet not less than once every 3 months.
        ``(4) Functions.--
            ``(A) In general.--Each panel established pursuant to 
        paragraph (1) shall, by examining the policies and procedures 
        of State and local agencies and where appropriate, specific 
        cases, evaluate the extent to which the agencies are 
        effectively discharging their child protection responsibilities 
        in accordance with--
                ``(i) the State plan under subsection (b);
                ``(ii) the child protection standards set forth in 
            subsection (b); and
                ``(iii) any other criteria that the panel considers 
            important to ensure the protection of children, including--

                    ``(I) a review of the extent to which the State 
                child protective services system is coordinated with 
                the foster care and adoption programs established under 
                part E of title IV of the Social Security Act; and
                    ``(II) a review of child fatalities and near 
                fatalities (as defined in subsection (b)(4)).

            ``(B) Confidentiality.--
                ``(i) In general.--The members and staff of a panel 
            established under paragraph (1)--

                    ``(I) shall not disclose to any person or 
                government official any identifying information about 
                any specific child protection case with respect to 
                which the panel is provided information; and
                    ``(II) shall not make public other information 
                unless authorized by State statute.

                ``(ii) Civil sanctions.--Each State that establishes a 
            panel pursuant to paragraph (1) shall establish civil 
            sanctions for a violation of clause (i).
        ``(5) State assistance.--Each State that establishes a panel 
    pursuant to paragraph (1)--
            ``(A) shall provide the panel access to information on 
        cases that the panel desires to review if such information is 
        necessary for the panel to carry out its functions under 
        paragraph (4); and
            ``(B) shall provide the panel, upon its request, staff 
        assistance for the performance of the duties of the panel.
        ``(6) Reports.--Each panel established under paragraph (1) 
    shall prepare and make available to the public, on an annual basis, 
    a report containing a summary of the activities of the panel.
    ``(d) Annual State Data Reports.--Each State to which a grant is 
made under this section shall annually work with the Secretary to 
provide, to the maximum extent practicable, a report that includes the 
following:
        ``(1) The number of children who were reported to the State 
    during the year as abused or neglected.
        ``(2) Of the number of children described in paragraph (1), the 
    number with respect to whom such reports were--
            ``(A) substantiated;
            ``(B) unsubstantiated; or
            ``(C) determined to be false.
        ``(3) Of the number of children described in paragraph (2)--
            ``(A) the number that did not receive services during the 
        year under the State program funded under this section or an 
        equivalent State program;
            ``(B) the number that received services during the year 
        under the State program funded under this section or an 
        equivalent State program; and
            ``(C) the number that were removed from their families 
        during the year by disposition of the case.
        ``(4) The number of families that received preventive services 
    from the State during the year.
        ``(5) The number of deaths in the State during the year 
    resulting from child abuse or neglect.
        ``(6) Of the number of children described in paragraph (5), the 
    number of such children who were in foster care.
        ``(7) The number of child protective services workers 
    responsible for the intake and screening of reports filed in the 
    previous year.
        ``(8) The agency response time with respect to each such report 
    with respect to initial investigation of reports of child abuse or 
    neglect.
        ``(9) The response time with respect to the provision of 
    services to families and children where an allegation of abuse or 
    neglect has been made.
        ``(10) The number of child protective services workers 
    responsible for intake, assessment, and investigation of child 
    abuse and neglect reports relative to the number of reports 
    investigated in the previous year.
        ``(11) The number of children reunited with their families or 
    receiving family preservation services that, within five years, 
    result in subsequent substantiated reports of child abuse and 
    neglect, including the death of the child.
        ``(12) The number of children for whom individuals were 
    appointed by the court to represent the best interests of such 
    children and the average number of out of court contacts between 
    such individuals and children.
    ``(e) Annual Report by the Secretary.--Within 6 months after 
receiving the State reports under subsection (d), the Secretary shall 
prepare a report based on information provided by the States for the 
fiscal year under such subsection and shall make the report and such 
information available to the Congress and the national clearinghouse 
for information relating to child abuse.''.

SEC. 108. REPEAL.

    Section 108 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106b) is repealed.

SEC. 109. MISCELLANEOUS REQUIREMENTS.

    Section 110 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106d) is amended--
        (1) by striking subsection (c); and
        (2) by redesignating subsection (d) as subsection (c).

SEC. 110. DEFINITIONS.

    Section 113 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106h) is amended--
        (1) by striking paragraphs (1), (2), (5), and (9);
        (2)(A) by redesignating paragraphs (3), (4), and (6) through 
    (8) as paragraphs (1) through (5), respectively; and
        (B) by redesignating paragraph (10) as paragraph (6);
        (3) in paragraph (2) (as redesignated), to read as follows:
        ``(2) the term `child abuse and neglect' means, at a minimum, 
    any recent act or failure to act on the part of a parent or 
    caretaker, which results in death, serious physical or emotional 
    harm, sexual abuse or exploitation, or an act or failure to act 
    which presents an imminent risk of serious harm;''; and
        (4) in paragraph (4)(B) (as redesignated), by inserting ``, and 
    in cases of caretaker or inter-familial relationships, statutory 
    rape'' after ``rape''.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    Section 114(a) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106h(a)) is amended to read as follows:
    ``(a) In General.--
        ``(1) General authorization.--There are authorized to be 
    appropriated to carry out this title, $100,000,000 for fiscal year 
    1997, and such sums as may be necessary for each of the fiscal 
    years 1998 through 2001.
        ``(2) Discretionary activities.--
            ``(A) In general.--Of the amounts appropriated for a fiscal 
        year under paragraph (1), the Secretary shall make available 30 
        percent of such amounts to fund discretionary activities under 
        this title.
            ``(B) Demonstration projects.--Of the amounts made 
        available for a fiscal year under subparagraph (A), the 
        Secretary make available not more than 40 percent of such 
        amounts to carry out section 106.''.

SEC. 112. RULE OF CONSTRUCTION.

    Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5101 et seq.) is amended by adding at the end the following new 
section:

``SEC. 115. RULE OF CONSTRUCTION.

    ``(a) In General.--Nothing in this Act shall be construed--
        ``(1) as establishing a Federal requirement that a parent or 
    legal guardian provide a child any medical service or treatment 
    against the religious beliefs of the parent or legal guardian; and
        ``(2) to require that a State find, or to prohibit a State from 
    finding, abuse or neglect in cases in which a parent or legal 
    guardian relies solely or partially upon spiritual means rather 
    than medical treatment, in accordance with the religious beliefs of 
    the parent or legal guardian.
    ``(b) State Requirement.--Notwithstanding subsection (a), a State 
shall, at a minimum, have in place authority under State law to permit 
the child protective services system of the State to pursue any legal 
remedies, including the authority to initiate legal proceedings in a 
court of competent jurisdiction, to provide medical care or treatment 
for a child when such care or treatment is necessary to prevent or 
remedy serious harm to the child, or to prevent the withholding of 
medically indicated treatment from children with life threatening 
conditions. Except with respect to the withholding of medically 
indicated treatments from disabled infants with life threatening 
conditions, case by case determinations concerning the exercise of the 
authority of this subsection shall be within the sole discretion of the 
State.''.

SEC. 113. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Child Abuse Prevention and Treatment Act.--
        (1)(A) Sections 104 through 107 of the Child Abuse Prevention 
    and Treatment Act (42 U.S.C. 5104 through 5106a), as amended by 
    this subtitle, are redesignated as sections 103 through 106 of such 
    Act, respectively.
        (B) Sections 109 through 114 of the Child Abuse Prevention and 
    Treatment Act (42 U.S.C 5106c through 5106h), as amended by this 
    subtitle, are redesignated as sections 107 through 112 of such Act, 
    respectively.
        (C) Section 115 of the Child Abuse Prevention and Treatment 
    Act, as added by section 112 of this Act, is redesignated as 
    section 113 of the Child Abuse Prevention and Treatment Act.
        (2) Section 107 of the Child Abuse Prevention and Treatment Act 
    (as redesignated) is amended--
            (A) in subsection (a), by striking ``acting through the 
        Center and'';
            (B) in subsection (b)(1), by striking ``sections'' and 
        inserting ``section'';
            (C) in subsection (c)(1)--
                (i) in the matter preceding subparagraph (A), by 
            inserting a comma after ``maintain''; and
                (ii) in subparagraph (F), by adding a semicolon at the 
            end; and
            (D) in subsection (d)(1), by adding ``and'' at the end.
        (3) Section 110(b) of the Child Abuse Prevention and Treatment 
    Act (as redesignated) is amended by striking ``effectiveness of--'' 
    and all that follows and inserting ``effectiveness of assisted 
    programs in achieving the objectives of section 107.''.
    (b) Victims of Crime Act of 1984.--Section 1404A of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603a) is amended--
        (1) by striking ``1402(d)(2)(D) and (d)(3).'' and inserting 
    ``1402(d)(2)''; and
        (2) by striking ``section 4(d)'' and inserting ``section 109''.

     Subtitle B--Community-Based Family Resource and Support Grants

SEC. 121. ESTABLISHMENT OF PROGRAM.

    Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5116 et seq.) is amended to read as follows:

     ``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

``SEC. 201. PURPOSE AND AUTHORITY.

    ``(a) Purpose.--It is the purpose of this title--
        ``(1) to support State efforts to develop, operate, expand and 
    enhance a network of community-based, prevention-focused, family 
    resource and support programs that coordinate resources among 
    existing education, vocational rehabilitation, disability, respite 
    care, health, mental health, job readiness, self-sufficiency, child 
    and family development, community action, Head Start, child care, 
    child abuse and neglect prevention, juvenile justice, domestic 
    violence prevention and intervention, housing, and other human 
    service organizations within the State; and
        ``(2) to foster an understanding, appreciation, and knowledge 
    of diverse populations in order to be effective in preventing and 
    treating child abuse and neglect.
    ``(b) Authority.--The Secretary shall make grants under this title 
on a formula basis to the entity designated by the State as the lead 
entity (hereafter referred to in this title as the `lead entity') under 
section 202(1) for the purpose of--
        ``(1) developing, operating, expanding and enhancing Statewide 
    networks of community-based, prevention-focused, family resource 
    and support programs that--
            ``(A) offer assistance to families;
            ``(B) provide early, comprehensive support for parents;
            ``(C) promote the development of parenting skills, 
        especially in young parents and parents with very young 
        children;
            ``(D) increase family stability;
            ``(E) improve family access to other formal and informal 
        resources and opportunities for assistance available within 
        communities;
            ``(F) support the additional needs of families with 
        children with disabilities through respite care and other 
        services; and
            ``(G) decrease the risk of homelessness;
        ``(2) fostering the development of a continuum of preventive 
    services for children and families through State and community-
    based collaborations and partnerships both public and private;
        ``(3) financing the start-up, maintenance, expansion, or 
    redesign of specific family resource and support program services 
    (such as respite care services, child abuse and neglect prevention 
    activities, disability services, mental health services, housing 
    services, transportation, adult education, home visiting and other 
    similar services) identified by the inventory and description of 
    current services required under section 205(a)(3) as an unmet need, 
    and integrated with the network of community-based family resource 
    and support program to the extent practicable given funding levels 
    and community priorities;
        ``(4) maximizing funding for the financing, planning, community 
    mobilization, collaboration, assessment, information and referral, 
    startup, training and technical assistance, information management, 
    reporting and evaluation costs for establishing, operating, or 
    expanding a Statewide network of community-based, prevention-
    focused, family resource and support program; and
        ``(5) financing public information activities that focus on the 
    healthy and positive development of parents and children and the 
    promotion of child abuse and neglect prevention activities.

``SEC. 202. ELIGIBILITY.

    ``A State shall be eligible for a grant under this title for a 
fiscal year if--
        ``(1)(A) the chief executive officer of the State has 
    designated a lead entity to administer funds under this title for 
    the purposes identified under the authority of this title, 
    including to develop, implement, operate, enhance or expand a 
    Statewide network of community-based, prevention-focused, family 
    resource and support programs, child abuse and neglect prevention 
    activities and access to respite care services integrated with the 
    Statewide network;
        ``(B) such lead entity is an existing public, quasi-public, or 
    nonprofit private entity (which may be an entity that has not been 
    established pursuant to State legislation, executive order, or any 
    other written authority of the State) with a demonstrated ability 
    to work with other State and community-based agencies to provide 
    training and technical assistance, and that has the capacity and 
    commitment to ensure the meaningful involvement of parents who are 
    consumers and who can provide leadership in the planning, 
    implementation, and evaluation of programs and policy decisions of 
    the applicant agency in accomplishing the desired outcomes for such 
    efforts;
        ``(C) in determining which entity to designate under 
    subparagraph (A), the chief executive officer should give priority 
    consideration equally to a trust fund advisory board of the State 
    or to an existing entity that leverages Federal, State, and private 
    funds for a broad range of child abuse and neglect prevention 
    activities and family resource programs, and that is directed by an 
    interdisciplinary, public-private structure, including participants 
    from communities; and
        ``(D) in the case of a State that has designated a State trust 
    fund advisory board for purposes of administering funds under this 
    title (as such title was in effect on the date of the enactment of 
    the Child Abuse Prevention and Treatment Act Amendments of 1996) 
    and in which one or more entities that leverage Federal, State, and 
    private funds (as described in subparagraph (C)) exist, the chief 
    executive officer shall designate the lead entity only after full 
    consideration of the capacity and expertise of all entities 
    desiring to be designated under subparagraph (A);
        ``(2) the chief executive officer of the State provides 
    assurances that the lead entity will provide or will be responsible 
    for providing--
            ``(A) a network of community-based family resource and 
        support programs composed of local, collaborative, public-
        private partnerships directed by interdisciplinary structures 
        with balanced representation from private and public sector 
        members, parents, and public and private nonprofit service 
        providers and individuals and organizations experienced in 
        working in partnership with families with children with 
        disabilities;
            ``(B) direction to the network through an 
        interdisciplinary, collaborative, public-private structure with 
        balanced representation from private and public sector members, 
        parents, and public sector and private nonprofit sector service 
        providers; and
            ``(C) direction and oversight to the network through 
        identified goals and objectives, clear lines of communication 
        and accountability, the provision of leveraged or combined 
        funding from Federal, State and private sources, centralized 
        assessment and planning activities, the provision of training 
        and technical assistance, and reporting and evaluation 
        functions; and
        ``(3) the chief executive officer of the State provides 
    assurances that the lead entity--
            ``(A) has a demonstrated commitment to parental 
        participation in the development, operation, and oversight of 
        the Statewide network of community-based, prevention-focused, 
        family resource and support programs;
            ``(B) has a demonstrated ability to work with State and 
        community-based public and private nonprofit organizations to 
        develop a continuum of preventive, family centered, 
        comprehensive services for children and families through the 
        Statewide network of community-based, prevention-focused, 
        family resource and support programs;
            ``(C) has the capacity to provide operational support (both 
        financial and programmatic) and training and technical 
        assistance, to the Statewide network of community-based, 
        prevention-focused, family resource and support programs, 
        through innovative, interagency funding and interdisciplinary 
        service delivery mechanisms; and
            ``(D) will integrate its efforts with individuals and 
        organizations experienced in working in partnership with 
        families with children with disabilities and with the child 
        abuse and neglect prevention activities of the State, and 
        demonstrate a financial commitment to those activities.

``SEC. 203. AMOUNT OF GRANT.

    ``(a) Reservation.--The Secretary shall reserve 1 percent of the 
amount appropriated under section 210 for a fiscal year to make 
allotments to Indian tribes and tribal organizations and migrant 
programs.
    ``(b) Remaining Amounts.--
        ``(1) In general.--The Secretary shall allot the amount 
    appropriated under section 210 for a fiscal year and remaining 
    after the reservation under subsection (a) among the States as 
    follows:
            ``(A) 70 percent of such amount appropriated shall be 
        allotted among the States by allotting to each State an amount 
        that bears the same proportion to such amount appropriated as 
        the number of children under the age of 18 residing in the 
        State bears to the total number of children under the age of 18 
        residing in all States (except that no State shall receive less 
        than $175,000 under this subparagraph).
            ``(B) 30 percent of such amount appropriated shall be 
        allotted among the States by allotting to each State an amount 
        that bears the same proportion to such amount appropriated as 
        the amount leveraged by the State from private, State, or other 
        non-Federal sources and directed through the State lead agency 
        in the preceding fiscal year bears to the aggregate of the 
        amounts leveraged by all States from private, State, or other 
        non-Federal sources and directed through the lead agency of 
        such States in the preceding fiscal year.
        ``(2) Additional requirement.--The Secretary shall provide 
    allotments under paragraph (1) to the State lead entity.
    ``(c) Allocation.--Funds allotted to a State under this section--
        ``(1) shall be for a 3-year period; and
        ``(2) shall be provided by the Secretary to the State on an 
    annual basis, as described in subsection (a).

``SEC. 204. EXISTING GRANTS.

    ``(a) In General.--Notwithstanding the enactment of the Child Abuse 
Prevention and Treatment Act Amendments of 1996, a State or entity that 
has a grant, contract, or cooperative agreement in effect, on the date 
of the enactment of such Act under any program described in subsection 
(b), shall continue to receive funds under such program, subject to the 
original terms under which such funds were provided under the grant, 
through the end of the applicable grant cycle.
    ``(b) Programs Described.--The programs described in this 
subsection are the following:
        ``(1) The Community-Based Family Resource programs under 
    section 201 of this Act, as such section was in effect on the day 
    before the date of the enactment of the Child Abuse Prevention and 
    Treatment Act Amendments of 1996.
        ``(2) The Family Support Center programs under subtitle F of 
    title VII of the Stewart B. McKinney Homeless Assistance Act (42 
    U.S.C. 11481 et seq.), as such title was in effect on the day 
    before the date of the enactment of the Child Abuse Prevention and 
    Treatment Act Amendments of 1996.
        ``(3) The Emergency Child Abuse Prevention Services grant 
    program under section 107A of this Act, as such section was in 
    effect on the day before the date of the enactment of the Human 
    Services Amendments of 1994.
        ``(4) Programs under the Temporary Child Care for Children With 
    Disabilities and Crisis Nurseries Act of 1986.

``SEC. 205. APPLICATION.

    ``A grant may not be made to a State under this title unless an 
application therefor is submitted by the State to the Secretary and 
such application contains the types of information specified by the 
Secretary as essential to carrying out the provisions of section 202, 
including--
        ``(1) a description of the lead entity that will be responsible 
    for the administration of funds provided under this title and the 
    oversight of programs funded through the Statewide network of 
    community-based, prevention-focused, family resource and support 
    programs which meets the requirements of section 202;
        ``(2) a description of how the network of community-based, 
    prevention-focused, family resource and support programs will 
    operate and how family resource and support services provided by 
    public and private, nonprofit organizations, including those funded 
    by programs consolidated under this Act, will be integrated into a 
    developing continuum of family centered, holistic, preventive 
    services for children and families;
        ``(3) an assurance that an inventory of current family resource 
    programs, respite care, child abuse and neglect prevention 
    activities, and other family resource services operating in the 
    State, and a description of current unmet needs, will be provided;
        ``(4) a budget for the development, operation and expansion of 
    the State's network of community-based, prevention-focused, family 
    resource and support programs that verifies that the State will 
    expend in non-Federal funds an amount equal to not less than 20 
    percent of the amount received under this title (in cash, not in-
    kind) for activities under this title;
        ``(5) an assurance that funds received under this title will 
    supplement, not supplant, other State and local public funds 
    designated for the Statewide network of community-based, 
    prevention-focused, family resource and support programs;
        ``(6) an assurance that the State has the capacity to ensure 
    the meaningful involvement of parents who are consumers and who can 
    provide leadership in the planning, implementation, and evaluation 
    of the programs and policy decisions of the applicant agency in 
    accomplishing the desired outcomes for such efforts;
        ``(7) a description of the criteria that the entity will use to 
    develop, or select and fund, individual community-based, 
    prevention-focused, family resource and support programs as part of 
    network development, expansion or enhancement;
        ``(8) a description of outreach activities that the entity and 
    the community-based, prevention-focused, family resource and 
    support programs will undertake to maximize the participation of 
    racial and ethnic minorities, children and adults with 
    disabilities, homeless families and those at risk of homelessness, 
    and members of other underserved or underrepresented groups;
        ``(9) a plan for providing operational support, training and 
    technical assistance to community-based, prevention-focused, family 
    resource and support programs for development, operation, expansion 
    and enhancement activities;
        ``(10) a description of how the applicant entity's activities 
    and those of the network and its members will be evaluated;
        ``(11) a description of the actions that the applicant entity 
    will take to advocate systemic changes in State policies, 
    practices, procedures and regulations to improve the delivery of 
    prevention-focused, family resource and support program services to 
    children and families; and
        ``(13) an assurance that the applicant entity will provide the 
    Secretary with reports at such time and containing such information 
    as the Secretary may require.

``SEC. 206. LOCAL PROGRAM REQUIREMENTS.

    ``(a) In General.--Grants made under this title shall be used to 
develop, implement, operate, expand and enhance community-based, 
prevention-focused, family resource and support programs that--
        ``(1) assess community assets and needs through a planning 
    process that involves parents and local public agencies, local 
    nonprofit organizations, and private sector representatives;
        ``(2) develop a strategy to provide, over time, a continuum of 
    preventive, family centered services to children and families, 
    especially to young parents and parents with young children, 
    through public-private partnerships;
        ``(3) provide--
            ``(A) core family resource and support services such as--
                ``(i) parent education, mutual support and self help, 
            and leadership services;
                ``(ii) outreach services;
                ``(iii) community and social service referrals; and
                ``(iv) follow-up services;
            ``(B) other core services, which must be provided or 
        arranged for through contracts or agreements with other local 
        agencies, including all forms of respite care services to the 
        extent practicable; and
            ``(C) access to optional services, including--
                ``(i) referral to and counseling for adoption services 
            for individuals interested in adopting a child or 
            relinquishing their child for adoption;
                ``(ii) child care, early childhood development and 
            intervention services;
                ``(iii) referral to services and supports to meet the 
            additional needs of families with children with 
            disabilities;
                ``(iv) referral to job readiness services;
                ``(v) referral to educational services, such as 
            scholastic tutoring, literacy training, and General 
            Educational Degree services;
                ``(vi) self-sufficiency and life management skills 
            training;
                ``(vii) community referral services, including early 
            developmental screening of children; and
                ``(viii) peer counseling;
        ``(4) develop leadership roles for the meaningful involvement 
    of parents in the development, operation, evaluation, and oversight 
    of the programs and services;
        ``(5) provide leadership in mobilizing local public and private 
    resources to support the provision of needed family resource and 
    support program services; and
        ``(6) participate with other community-based, prevention-
    focused, family resource and support program grantees in the 
    development, operation and expansion of the Statewide network.
    ``(b) Priority.--In awarding local grants under this title, a lead 
entity shall give priority to effective community-based programs 
serving low income communities and those serving young parents or 
parents with young children, including community-based family resource 
and support programs.

``SEC. 207. PERFORMANCE MEASURES.

    ``A State receiving a grant under this title, through reports 
provided to the Secretary--
        ``(1) shall demonstrate the effective development, operation 
    and expansion of a Statewide network of community-based, 
    prevention-focused, family resource and support programs that meets 
    the requirements of this title;
        ``(2) shall supply an inventory and description of the services 
    provided to families by local programs that meet identified 
    community needs, including core and optional services as described 
    in section 202;
        ``(3) shall demonstrate the establishment of new respite care 
    and other specific new family resources services, and the expansion 
    of existing services, to address unmet needs identified by the 
    inventory and description of current services required under 
    section 205(3);
        ``(4) shall describe the number of families served, including 
    families with children with disabilities, and the involvement of a 
    diverse representation of families in the design, operation, and 
    evaluation of the Statewide network of community-based, prevention-
    focused, family resource and support programs, and in the design, 
    operation and evaluation of the individual community-based family 
    resource and support programs that are part of the Statewide 
    network funded under this title;
        ``(5) shall demonstrate a high level of satisfaction among 
    families who have used the services of the community-based, 
    prevention-focused, family resource and support programs;
        ``(6) shall demonstrate the establishment or maintenance of 
    innovative funding mechanisms, at the State or community level, 
    that blend Federal, State, local and private funds, and innovative, 
    interdisciplinary service delivery mechanisms, for the development, 
    operation, expansion and enhancement of the Statewide network of 
    community-based, prevention-focused, family resource and support 
    programs;
        ``(7) shall describe the results of a peer review process 
    conducted under the State program; and
        ``(8) shall demonstrate an implementation plan to ensure the 
    continued leadership of parents in the on-going planning, 
    implementation, and evaluation of such community based, prevention-
    focused, family resource and support programs.

``SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE 
              PROGRAMS.

    ``The Secretary may allocate such sums as may be necessary from the 
amount provided under the State allotment to support the activities of 
the lead entity in the State--
        ``(1) to create, operate and maintain a peer review process;
        ``(2) to create, operate and maintain an information 
    clearinghouse;
        ``(3) to fund a yearly symposium on State system change efforts 
    that result from the operation of the Statewide networks of 
    community-based, prevention-focused, family resource and support 
    programs;
        ``(4) to create, operate and maintain a computerized 
    communication system between lead entities; and
        ``(5) to fund State-to-State technical assistance through bi-
    annual conferences.

``SEC. 209. DEFINITIONS.

    ``For purposes of this title:
        ``(1) Children with disabilities.--The term `children with 
    disabilities' has the same meaning given such term in section 
    602(a)(2) of the Individuals with Disabilities Education Act.
        ``(2) Community referral services.--The term `community 
    referral services' means services provided under contract or 
    through interagency agreements to assist families in obtaining 
    needed information, mutual support and community resources, 
    including respite care services, health and mental health services, 
    employability development and job training, and other social 
    services, including early developmental screening of children, 
    through help lines or other methods.
        ``(3) Family resource and support program.--The term `family 
    resource and support program' means a community-based, prevention-
    focused entity that--
            ``(A) provides, through direct service, the core services 
        required under this title, including--
                ``(i) parent education, support and leadership 
            services, together with services characterized by 
            relationships between parents and professionals that are 
            based on equality and respect, and designed to assist 
            parents in acquiring parenting skills, learning about child 
            development, and responding appropriately to the behavior 
            of their children;
                ``(ii) services to facilitate the ability of parents to 
            serve as resources to one another (such as through mutual 
            support and parent self-help groups);
                ``(iii) outreach services provided through voluntary 
            home visits and other methods to assist parents in becoming 
            aware of and able to participate in family resources and 
            support program activities;
                ``(iv) community and social services to assist families 
            in obtaining community resources; and
                ``(v) follow-up services;
            ``(B) provides, or arranges for the provision of, other 
        core services through contracts or agreements with other local 
        agencies, including all forms of respite care services; and
            ``(C) provides access to optional services, directly or by 
        contract, purchase of service, or interagency agreement, 
        including--
                ``(i) child care, early childhood development and early 
            intervention services;
                ``(ii) referral to self-sufficiency and life management 
            skills training;
                ``(iii) referral to education services, such as 
            scholastic tutoring, literacy training, and General 
            Educational Degree services;
                ``(iv) referral to services providing job readiness 
            skills;
                ``(v) child abuse and neglect prevention activities;
                ``(vi) referral to services that families with children 
            with disabilities or special needs may require;
                ``(vii) community and social service referral, 
            including early developmental screening of children;
                ``(viii) peer counseling;
                ``(ix) referral for substance abuse counseling and 
            treatment; and
                ``(x) help line services.
        ``(4) Outreach services.--The term `outreach services' means 
    services provided to assist consumers, through voluntary home 
    visits or other methods, in accessing and participating in family 
    resource and support program activities.
        ``(5) Respite care services.--The term `respite care services' 
    means short term care services provided in the temporary absence of 
    the regular caregiver (parent, other relative, foster parent, 
    adoptive parent, or guardian) to children who--
            ``(A) are in danger of abuse or neglect;
            ``(B) have experienced abuse or neglect; or
            ``(C) have disabilities, chronic, or terminal illnesses.

    Such services shall be provided within or outside the home of the 
    child, be short-term care (ranging from a few hours to a few weeks 
    of time, per year), and be intended to enable the family to stay 
    together and to keep the child living in the home and community of 
    the child.

``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title, 
$66,000,000 for fiscal year 1997 and such sums as may be necessary for 
each of the fiscal years 1998 through 2001.''.

Subtitle C--Certain Preventive Services Regarding Children of Homeless 
              Families or Families At Risk of Homelessness

SEC. 131. REPEAL OF TITLE III.

    Title III of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5118 et seq.) is repealed.

                  Subtitle D--Miscellaneous Provisions

SEC. 141. TABLE OF CONTENTS.

    The table of contents of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5101 note) is amended to read as follows:

``Sec. 1. Short title and table of contents.
``Sec. 2. Findings.

                       ``TITLE I--GENERAL PROGRAM

``Sec. 101. Office on Child Abuse and Neglect.
``Sec. 102. Advisory Board on Child Abuse and Neglect.
``Sec. 103. National clearinghouse for information relating to child 
          abuse.
``Sec. 104. Research and assistance activities.
``Sec. 105. Grants to public agencies and nonprofit private 
          organizations for demonstration programs and projects.
``Sec. 106. Grants to States for child abuse and neglect prevention and 
          treatment programs.
``Sec. 107. Grants to States for programs relating to the investigation 
          and prosecution of child abuse and neglect cases.
``Sec. 108. Miscellaneous requirements relating to assistance.
``Sec. 109. Coordination of child abuse and neglect programs.
``Sec. 110. Reports.
``Sec. 111. Definitions.
``Sec. 112. Authorization of appropriations.
``Sec. 113. Rule of construction.

     ``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

``Sec. 201. Purpose and authority.
``Sec. 202. Eligibility.
``Sec. 203. Amount of grant.
``Sec. 204. Existing grants.
``Sec. 205. Application.
``Sec. 206. Local program requirements.
``Sec. 207. Performance measures.
``Sec. 208. National network for community-based family resource 
          programs.
``Sec. 209. Definitions.
``Sec. 210. Authorization of appropriations.

SEC. 142. REPEALS OF OTHER LAWS.

    (a) Temporary Child Care for Children With Disabilities and Crisis 
Nurseries Act of 1986.--The Temporary Child Care for Children With 
Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) 
is repealed.
    (b) Family Support Centers.--Subtitle F of title VII of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11481 et seq.) is 
repealed.

                   TITLE II--AMENDMENTS TO OTHER ACTS
        Subtitle A--Family Violence Prevention and Services Act

SEC. 201. STATE DEMONSTRATION GRANTS.

    Section 303(e) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10420(e)) is amended--
        (1) by striking ``following local share'' and inserting 
    ``following non-Federal matching local share''; and
        (2) by striking ``20 percent'' and all that follows through 
    ``private sources.'' and inserting ``with respect to an entity 
    operating an existing program under this title, not less than 20 
    percent, and with respect to an entity intending to operate a new 
    program under this title, not less than 35 percent.''.

SEC. 202. ALLOTMENTS.

    Section 304(a)(1) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10403(a)(1)) is amended by striking ``$200,000'' and 
inserting ``$400,000''.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    Section 310 of the Family Violence Prevention and Services Act (42 
U.S.C. 10409) is amended--
        (1) in subsection (b), by striking ``80'' and inserting ``70''; 
    and
        (2) by adding at the end thereof the following new subsections:
    ``(d) Grants for State Coalitions.--Of the amounts appropriated 
under subsection (a) for each fiscal year, not less than 10 percent of 
such amounts shall be used by the Secretary for making grants under 
section 311.
    ``(e) Non-Supplanting Requirement.--Federal funds made available to 
a State under this title shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to provide 
services and activities that promote the purposes of this title.''.

 Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform 
              Act of 1978 (``Adoption Opportunities Act'')

SEC. 211. FINDINGS AND PURPOSE.

    Section 201 of the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)--
                (i) by striking ``50 percent between 1985 and 1990'' 
            and inserting ``61 percent between 1986 and 1994''; and
                (ii) by striking ``400,000 children at the end of June, 
            1990'' and inserting ``452,000 as of June 1994'';
            (B) in paragraph (5), by striking ``local'' and inserting 
        ``legal''; and
            (C) in paragraph (7), to read as follows:
        ``(7)(A) currently, 40,000 children are free for adoption and 
    awaiting placement;
        ``(B) such children are typically school aged, in sibling 
    groups, have experienced neglect or abuse, or have a physical, 
    mental, or emotional disability; and
        ``(C) while the children are of all races, children of color 
    and older children (over the age of 10) are over represented in 
    such group;''; and
        (2) in subsection (b)--
            (A) by striking ``conditions, by--'' and all that follows 
        through ``Department of Health and Human Services to--'' and 
        inserting ``conditions, by providing a mechanism to--''; and
            (B) by redesignating subparagraphs (A) through (C) of 
        paragraph (2), as paragraphs (1) through (3), respectively, and 
        by realigning the margins of such paragraphs accordingly.

SEC. 212. INFORMATION AND SERVICES.

    Section 203 of the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
        (1) in subsection (a), by striking the last sentence;
        (2) in subsection (b)--
            (A) in paragraph (6), to read as follows:
        ``(6) study the nature, scope, and effects of the placement of 
    children in kinship care arrangements, pre-adoptive, or adoptive 
    homes;'';
            (B) by redesignating paragraphs (7) through (9) as 
        paragraphs (8) through (10), respectively; and
            (C) by inserting after paragraph (6), the following new 
        paragraph:
        ``(7) study the efficacy of States contracting with public or 
    private nonprofit agencies (including community-based and other 
    organizations), or sectarian institutions for the recruitment of 
    potential adoptive and foster families and to provide assistance in 
    the placement of children for adoption;''; and
        (3) in subsection (d)(2)--
            (A) by striking ``Each'' and inserting ``(A) Each'';
            (B) by striking ``for each fiscal year'' and inserting 
        ``that describes the manner in which the State will use funds 
        during the 3 fiscal years subsequent to the date of the 
        application to accomplish the purposes of this section. Such 
        application shall be''; and
            (C) by adding at the end the following new subparagraph:
    ``(B) The Secretary shall provide, directly or by grant to or 
contract with public or private nonprofit agencies or organizations--
        ``(i) technical assistance and resource and referral 
    information to assist State or local governments with termination 
    of parental rights issues, in recruiting and retaining adoptive 
    families, in the successful placement of children with special 
    needs, and in the provision of pre- and post-placement services, 
    including post-legal adoption services; and
        ``(ii) other assistance to help State and local governments 
    replicate successful adoption-related projects from other areas in 
    the United States.''.

SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

    Section 205 of the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978 (42 U.S.C. 5115) is amended--
        (1) in subsection (a), by striking ``$10,000,000'' and all that 
    follows through ``203(c)(1)'' and inserting ``$20,000,000 for 
    fiscal year 1997, and such sums as may be necessary for each of the 
    fiscal years 1998 through 2001 to carry out programs and activities 
    authorized'';
        (2) by striking subsection (b); and
        (3) by redesignating subsection (c) as subsection (b).

          Subtitle C--Abandoned Infants Assistance Act of 1988

SEC. 221. PRIORITY REQUIREMENT.

    Section 101 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended by adding at the end the following:
    ``(h) Priority Requirement.--In making grants under subsection (a), 
the Secretary shall give priority to applicants located in States that 
have developed and implemented procedures for expedited termination of 
parental rights and placement for adoption of infants determined to be 
abandoned under State law.''.

SEC. 222. REAUTHORIZATION.

    Section 104(a)(1) of the Abandoned Infants Assistance Act of 1988 
(42 U.S.C. 670 note) is amended by striking ``$20,000,000'' and all 
that follows and inserting ``$35,000,000 for fiscal year 1997 and such 
sums as may be necessary for each of the fiscal years 1998 through 
2001.''.

            Subtitle D--Reauthorization of Various Programs

SEC. 231. MISSING CHILDREN'S ASSISTANCE ACT.

    (a) Authorization of Appropriations.--Section 408 of the Missing 
Children's Assistance Act (42 U.S.C. 5777) is amended--
        (1) by striking ``To'' and inserting ``(a) In General.--To'';
        (2) by striking ``1993, 1994, 1995, and 1996'' and inserting 
    ``1997 through 2001''; and
        (3) by adding at the end the following new subsection:
    ``(b) Evaluation.--The Administrator may use not more than 5 
percent of the amount appropriated for a fiscal year under subsection 
(a) to conduct an evaluation of the effectiveness of the programs and 
activities established and operated under this title.''.
    (b) Special Study and Report.--Section 409 of the Missing 
Children's Assistance Act (42 U.S.C. 5778) is repealed.

SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990.

    Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13004) is amended--
        (1) in subsection (a)(2), by striking ``and 1996'' and 
    inserting ``1996, and each of the fiscal years 1997 through 2000''; 
    and
        (2) in subsection (b)(2), by striking ``and 1996'' and 
    inserting ``1996, and each of the fiscal years 1997 through 2000''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.