[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Engrossed in Senate (ES)]
104th CONGRESS
2d Session
S. 919
_______________________________________________________________________
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--GENERAL PROGRAM
Sec. 101. Reference.
Sec. 102. Findings.
Sec. 103. Office of Child Abuse and Neglect.
Sec. 104. Advisory Board on Child Abuse and Neglect.
Sec. 105. Repeal of Interagency Task Force.
Sec. 106. National Clearinghouse for Information Relating to Child
Abuse.
Sec. 107. Research, evaluation and assistance activities.
Sec. 108. Grants for demonstration programs.
Sec. 109. State grants for prevention and treatment programs.
Sec. 110. Repeal.
Sec. 111. Miscellaneous requirements.
Sec. 112. Definitions.
Sec. 113. Authorization of appropriations.
Sec. 114. Rule of construction.
Sec. 115. Technical amendment.
TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS
Sec. 201. Establishment of program.
Sec. 202. Repeals.
TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES
Sec. 301. Reference.
Sec. 302. State demonstration grants.
Sec. 303. Allotments.
Sec. 304. Authorization of appropriations.
TITLE IV--ADOPTION OPPORTUNITIES
Sec. 401. Reference.
Sec. 402. Findings and purpose.
Sec. 403. Information and services.
Sec. 404. Authorization of appropriations.
TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986
Sec. 501. Reauthorization.
TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS
Sec. 601. Missing Children's Assistance Act.
Sec. 602. Victims of Child Abuse Act of 1990.
TITLE I--GENERAL PROGRAM
SEC. 101. REFERENCE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 et seq.).
SEC. 102. FINDINGS.
Section 2 (42 U.S.C. 5101 note) is amended--
(1) in paragraph (1), the 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) by inserting ``and family'' after
``comprehensive child''; and
(7) in paragraph (11)--
(A) by striking ``child protection'' each place
that such appears and inserting ``child and family
protection''; and
(B) in subparagraph (D), by striking
``sufficient''.
SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.
Section 101 (42 U.S.C.5101) is amended to read as follows:
``SEC. 101. OFFICE OF 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. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
Section 102 (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. 105. REPEAL OF INTERAGENCY TASK FORCE.
Section 103 (42 U.S.C.5103) is repealed.
SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
Section 104 (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 through ``105(b)'' 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 thereof;
(iii) in subparagraph (C), by striking ``;
and'' at the end thereof 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), by
striking ``Director'' and inserting ``Secretary'';
(B) in paragraph (2), 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'';
(C) in paragraph (3), by striking ``State,
regional'' and all that follows and inserting the
following: ``Federal, State, regional, and local child
welfare data systems which shall include:
``(A) standardized data on false, unfounded,
unsubstantiated, and substantiated reports; and
``(B) information on the number of deaths due to
child abuse and neglect;'';
(D) by redesignating paragraph (4) as paragraph
(6); and
(E) by inserting after paragraph (3), the following
new paragraphs:
``(4) 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;
``(5) compile, analyze, and publish a summary of the
research conducted under section 105(a); and''.
SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.
(a) Research.--Section 105(a) (42 (42 U.S.C. 5105(a)) is amended--
(1) in the section heading, by striking ``OF THE NATIONAL
CENTER ON CHILD ABUSE AND NEGLECT'';
(2) 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;'';
(E) in subparagraph (D) (as so redesignated)--
(i) by striking clause (ii); and
(ii) in clause (iii), to read as follows:
``(ii) the incidence of substantiated and
unsubstantiated reported child abuse cases;
``(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 reporters 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
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``and demonstrations''; 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 (42 U.S.C. 5105(b)) is
repealed.
(c) Technical Assistance.--Section 105(c) (42 U.S.C. 5105(c)) is
amended--
(1) by striking ``The Secretary'' and inserting:
``(1) In general.--The Secretary'';
(2) by striking ``, through the Center,'';
(3) by inserting ``State and local'' before ``public and
nonprofit'';
(4) by inserting ``assessment,'' before ``identification'';
and
(5) 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)(2) (42 U.S.C. 5105(d)(2))
is amended by striking the second sentence.
(e) Peer Review.--Section 105(e) (42 U.S.C. 5105(e)) is amended--
(1) 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.'';
and
(2) 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.''.
SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.
Section 106 (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 nonprofit
private 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 non-profit 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 provide culturally specific instruction in
methods of protecting children from child abuse and
neglect to children and to persons responsible for the
welfare of children, including parents of and persons
who work with children with disabilities;
``(C) to improve the recruitment, selection, and
training of volunteers serving in private and public
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
``(D) 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 non-profit 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 agencies that demonstrate innovation in
responding to reports of child abuse and neglect
including programs of collaborative partnerships
between the State child protective service 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 entities 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 or where such relatives
comply with the State child protection standards.
``(C) Visitation centers.--The Secretary may award
grants to public or private nonprofit entities to
assist such entities in the establishment or operation
of supervised visitation centers where there is
documented, highly suspected, or elevated risk of child
sexual, physical, or emotional abuse where, due to
domestic violence, there is an ongoing risk of harm to
a parent or child.'';
(3) in subsection (c), by striking paragraphs (1) and (2);
and
(4) by adding at the end thereof the following new
subsection:
``(d) 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. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.
Section 107 (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
service 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 a guardian
ad litem.
``(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) In general.--In order for a State to qualify for a
grant under subsection (a), such State shall provide an
assurance or certification, signed by the chief executive
officer of the State, that the State--
``(A) has in effect and operation a State law or
Statewide program relating to child abuse and neglect
which ensures--
``(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;
``(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 grant jury or court, upon a
finding that information in the record
is necessary for the determination of
an issue before the court or grant
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;
``(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 service
agencies from keeping information on
unsubstantiated reports in their casework files
to assist in future risk and safety assessment;
and
``(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 shall be
appointed to represent the child in such
proceedings; and
``(B) 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 service 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.
``(2) Limitation.--With regard to clauses (v) and (vi) of
paragraph (1)(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.
``(3) Definition.--For purposes of this subsection, the
term `near fatality' means an act that, as certified by a
physician, places the child in serious or critical condition.
``(c) Additional Requirement.--Not later than 2 years after the
date of enactment of this section, the State shall provide an assurance
or certification that the State has in place provisions, procedures,
and mechanisms by which individuals who disagree with an official
finding of abuse or neglect can appeal such finding.
``(d) State Program Plan.--To be eligible to receive a grant under
this section, a State shall submit every 5 years a plan to the
Secretary that specifies the child protective service system area or
areas described in subsection (a) that the State intends to address
with funds received under the grant. Such plan shall, to the maximum
extent practicable, be coordinated with the plan of the State for child
welfare services and family preservation and family support services
under part B of title IV of the Social Security Act and shall contain
an outline of the activities that the State intends to carry out using
amounts provided under the grant to achieve the purposes of this Act,
including the procedures to be used for--
``(1) receiving and assessing reports of child abuse or
neglect;
``(2) investigating such reports;
``(3) protecting children by removing them from dangerous
settings and ensuring their placement in a safe environment;
``(4) providing services or referral for services for
families and children where the child is not in danger of harm;
``(5) providing services to individuals, families, or
communities, either directly or through referral, aimed at
preventing the occurrence of child abuse and neglect;
``(6) providing training to support direct line and
supervisory personnel in report-taking, screening, assessment,
decision-making, and referral for investigation; and
``(7) providing training for individuals mandated to report
suspected cases of child abuse or neglect.
``(e) Restrictions Relating to Child Welfare Services.--Programs or
projects relating to child abuse and neglect assisted under part B of
title IV of the Social Security Act shall comply with the requirements
set forth in paragraphs (1) (A) and (B), and (2) of subsection (b).
``(f) Annual State Data Reports.--Each State to which a grant is
made under this part 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; and
``(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 part or an equivalent State program;
``(B) the number that received services during the
year under the State program funded under this part 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 service 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 service workers
responsible for intake, assessment, and investigation of child
abuse and neglect reports relative to the number of reports
investigated in the previous year.
``(g) Annual Report by the Secretary.--Within 6 months after
receiving the State reports under subsection (f), 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. 110. REPEAL.
Section 108 (42 U.S.C. 5106b) is repealed.
SEC. 111. MISCELLANEOUS REQUIREMENTS.
Section 110 (42 U.S.C. 5106d) is amended by striking subsections
(c) and (d).
SEC. 112. DEFINITIONS.
Section 113 (42 U.S.C. 5106h) is amended--
(1) by striking paragraphs (1) and (2);
(2) by redesignating paragraphs (3) through (10) as
paragraphs (1) through (8), respectively; and
(3) in paragraph (2) (as so 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 of
failure to act which presents an imminent risk of serious
harm;''.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
Section 114(a) (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 33\1/3\ 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. 114. RULE OF CONSTRUCTION.
Title I (42 U.S.C. 5101 et seq.) is amended by adding at the end
thereof 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 service 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. 115. TECHNICAL AMENDMENT.
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''.
TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS
SEC. 201. 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 Act to support State
efforts to develop, operate, expand and enhance a network of community-
based, prevention-focused, family resource and support programs that
are culturally competent and that coordinate resources among existing
education, vocational rehabilitation, disability, respite, 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.
``(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') 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 sustained assistance to families;
``(B) provide early, comprehensive, and holistic
support for all parents;
``(C) promote the development of parental
competencies and capacities, 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; 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 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 an 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 services integrated
with the Statewide network;
``(B) in determining which entity to designate under
subparagraph (A), the chief executive officer should give
priority consideration to the trust fund advisory board of the
State or 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
``(C) such lead entity is an existing public, quasi-public,
or nonprofit private entity 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;
``(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, holistic 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) In General.--Of the amounts appropriated for a fiscal year
under section 210 and remaining after the reservation under subsection
(a), The Secretary shall allot to each State lead entity an amount so
that--
``(1) 50 percent of the total amount allotted to the State
under this section is based on the number of children under 18
residing in the State as compared to the number of such
children residing in all States, except that no State shall
receive less than $250,000; and
``(2) each State receives, from the amounts remaining from
the total amount appropriated, an amount equal to 50 percent of
the amount that each such State has directed through the lead
agency to the purposes identified under the authority of this
title, including foundation, corporate, and other private
funding, State revenues, and Federal funds.
``(c) Allocation.--Funds allotted to a State under this section
shall be awarded on a formula basis for a 3-year period. Payment under
such allotments shall be made by the Secretary annually on the basis
described in subsection (a).
``SEC. 204. EXISTING AND CONTINUATION GRANTS.
``(a) Existing Grants.--Notwithstanding the enactment of this
title, a State or entity that has a grant, contract, or cooperative
agreement in effect, on the date of enactment of this title, under the
Family Resource and Support Program, the Community-Based Family
Resource Program, the Family Support Center Program, the Emergency
Child Abuse Prevention Grant Program, or the Temporary Child Care for
Children with Disabilities and Crisis Nurseries Programs shall continue
to receive funds under such programs, subject to the original terms
under which such funds were granted, through the end of the applicable
grant cycle.
``(b) Continuation Grants.--The Secretary may continue grants for
Family Resource and Support Program grantees, and those programs
otherwise funded under this Act, on a noncompetitive basis, subject to
the availability of appropriations, satisfactory performance by the
grantee, and receipt of reports required under this Act, until such
time as the grantee no longer meets the original purposes of this Act.
``SEC. 205. APPLICATION.
``(a) In General.--A grant may not be made to a State under this
title unless an application therefore 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, 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 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 network of community-
based, prevention-focused, family resource and support programs
will maintain cultural diversity, and be culturally competent
and socially sensitive and responsive to the needs of families
with children with disabilities;
``(7) 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;
``(8) 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;
``(9) 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, new immigrant
populations, children and adults with disabilities, homeless
families and those at risk of homelessness, and members of
other underserved or underrepresented groups;
``(10) 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;
``(11) a description of how the applicant entity's
activities and those of the network and its members will be
evaluated;
``(12) a description of that actions that the applicant
entity will take to advocate changes in State policies,
practices, procedures and regulations to improve the delivery
of prevention-focused, family resource and support program
services to all 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, holistic, 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) early developmental screening of
children;
``(iii) outreach services;
``(iv) community and social service
referrals; and
``(v) 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
services to the extent practicable; and
``(C) access to optional services, including--
``(i) child care, early childhood
development and intervention services;
``(ii) services and supports to meet the
additional needs of families with children with
disabilities;
``(iii) job readiness services;
``(iv) educational services, such as
scholastic tutoring, literacy training, and
General Educational Degree services;
``(v) self-sufficiency and life management
skills training;
``(vi) community referral services; and
``(vii) 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 community-based programs serving low
income communities and those serving young parents or parents with
young children, and to community-based family resource and support
programs previously funded under the programs consolidated under the
Child Abuse Prevention and Treatment Act Amendments of 1995, so long as
such programs meet local program requirements.
``SEC. 207. PERFORMANCE MEASURES.
``A State receiving a grant under this title, through reports
provided to the Secretary, shall--
``(1) 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) 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) demonstrate the establishment of new respite 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(a)(3);
``(4) 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) 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) 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) describe the results of a peer review process
conducted under the State program; and
``(8) 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 services, health and mental health services,
employability development and job training, and other social
services through help lines or other methods.
``(3) Culturally competent.--The term `culturally
competent' means services, support, or other assistance that is
conducted or provided in a manner that--
``(A) is responsive to the beliefs, interpersonal
styles, attitudes, languages, and behaviors of those
individuals and families receiving services; and
``(B) has the greatest likelihood of ensuring
maximum participation of such individuals and families.
``(4) 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
other (such as through mutual support and
parent self-help groups);
``(iii) early developmental screening of
children to assess any needs of children, and
to identify types of support that may be
provided;
``(iv) 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;
``(v) community and social services to
assist families in obtaining community
resources; and
``(vi) 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 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) self-sufficiency and life management
skills training;
``(iii) education services, such as
scholastic tutoring, literacy training, and
General Educational Degree services;
``(iv) job readiness skills;
``(v) child abuse and neglect prevention
activities;
``(vi) services that families with children
with disabilities or special needs may require;
``(vii) community and social service
referral;
``(viii) peer counseling;
``(ix) referral for substance abuse
counseling and treatment; and
``(x) help line services.
``(5) National network for Community-Based Family Resource
Programs.--The term `network for community-based family
resource program' means the organization of State designated
entities who receive grants under this title, and includes the
entire membership of the Children's Trust Fund Alliance and the
National Respite Network.
``(6) 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.
``(7) Respite services.--The term `respite 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,
$108,000,000 for each of the fiscal years 1997 through 2001.''.
SEC. 202. REPEALS.
(a) Temporary Child Care for Children with Disabilities and Crisis
Nurseries Act.--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 III--FAMILY VIOLENCE PREVENTION AND SERVICES
SEC. 301. REFERENCE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Family Violence
Prevention and Services Act (42 U.S.C. 10401 et seq.).
SEC. 302. STATE DEMONSTRATION GRANTS.
Section 303(e) (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. 303. ALLOTMENTS.
Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by striking
``$200,000'' and inserting ``$400,000''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 310 (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.''.
TITLE IV--ADOPTION OPPORTUNITIES
SEC. 401. REFERENCE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.).
SEC. 402. FINDINGS AND PURPOSE.
Section 201 (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''; and
(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 ``providing a mechanism'' and inserting
``conditions, by providing a mechanism''; and
(B) by redesignating subparagraphs (A) through (C),
as paragraphs (1) through (3), respectively and by
realigning the margins of such paragraphs accordingly.
SEC. 403. INFORMATION AND SERVICES.
Section 203 (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)--
(A) in paragraph (2)--
(i) by striking ``Each'' and inserting
``(A) Each'';
(ii) 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
(iii) by adding at the end thereof 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. 404. AUTHORIZATION OF APPROPRIATIONS.
Section 205 (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 1996, and such sums as may be necessary for
each of the fiscal years 1997 through 2001 to carry out
programs and activities authorized'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986
SEC. 501. 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 through the end thereof and inserting ``$35,000,000 for
each of the fiscal years 1995 through 1997, and such sums as may be
necessary for each of the fiscal years 1998 through 2001''.
TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS
SEC. 601. MISSING CHILDREN'S ASSISTANCE ACT.
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.--''
(2) by striking ``and 1996'' and inserting ``1996, and 1997
through 2001''; and
(3) by adding at the end thereof the following new
subsection:
``(b) Evaluation.--The Administrator shall 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.''.
SEC. 602. 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 1997''; and
(2) in subsection (b)(2), by striking ``and 1996'' and
inserting ``1996, through 2001''.
Passed the Senate July 18, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 919
_______________________________________________________________________
AN ACT
To modify and reauthorize the Child Abuse Preven- tion and Treatment
Act, and for other purposes.
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