[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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