[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Reported in Senate (RS)]
Calendar No. 149
104th CONGRESS
1st Session
S. 919
[Report No. 104-117]
_______________________________________________________________________
A BILL
To modify and reauthorize the Child Abuse Prevention and Treatment Act,
and for other purposes.
_______________________________________________________________________
July 20 (legislative day, July 10), 1995
Reported with an amendment
Calendar No. 149
104th CONGRESS
1st Session
S. 919
[Report No. 104-117]
To modify and reauthorize the Child Abuse Prevention and Treatment Act,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13 (legislative day, June 5), 1995
Mr. Coats (for himself and Mrs. Kassebaum) introduced the following
bill; which was read twice and referred to the Committee on Labor and
Human Resources
July 20 (legislative day, July 10), 1995
Reported by Mrs. Kassebaum, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Child
Abuse Prevention and Treatment Act Amendments of 1995''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--GENERAL PROGRAM
<DELETED>Sec. 101. Reference.
<DELETED>Sec. 102. Findings.
<DELETED>Sec. 103. Office of Child Abuse and Neglect.
<DELETED>Sec. 104. Advisory Board on Child Abuse and Neglect.
<DELETED>Sec. 105. Repeal of Interagency Task Force.
<DELETED>Sec. 106. National Clearinghouse for Information Relating to
Child Abuse.
<DELETED>Sec. 107. Research and assistance activities.
<DELETED>Sec. 108. Grants for demonstration programs.
<DELETED>Sec. 109. State grants for prevention and treatment programs.
<DELETED>Sec. 110. Repeal.
<DELETED>Sec. 111. Definitions.
<DELETED>Sec. 112. Authorization of appropriations.
<DELETED>Sec. 113. Rule of construction.
<DELETED>TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION
GRANTS
<DELETED>Sec. 201. Establishment of program.
<DELETED>Sec. 202. Repeals.
<DELETED>TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES
<DELETED>Sec. 301. Reference.
<DELETED>Sec. 302. State demonstration grants.
<DELETED>Sec. 303. Allotments.
<DELETED>Sec. 304. Authorization of appropriations.
<DELETED>TITLE IV--ADOPTION OPPORTUNITIES
<DELETED>Sec. 401. Reference.
<DELETED>Sec. 402. Findings and purpose.
<DELETED>Sec. 403. Information and services.
<DELETED>Sec. 404. Authorization of appropriations.
<DELETED>TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986
<DELETED>Sec. 501. Reauthorization.
<DELETED>TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS
<DELETED>Sec. 601. Missing Children's Assistance Act.
<DELETED>Sec. 602. Victims of Child Abuse Act of 1990.
<DELETED>TITLE I--GENERAL PROGRAM</DELETED>
<DELETED>SEC. 101. REFERENCE.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 102. FINDINGS.</DELETED>
<DELETED> Section 2 (42 U.S.C. 5101 note) is amended--</DELETED>
<DELETED> (1) in paragraph (1), to read as
follows:</DELETED>
<DELETED> ``(1) each year, close to 1,000,000 American
children are victims of abuse and neglect;'';</DELETED>
<DELETED> (2) in paragraph (3)(C), by inserting
``assessment,'' after ``prevention,'';</DELETED>
<DELETED> (3) in paragraph (4)--</DELETED>
<DELETED> (A) by striking ``tens of''; and</DELETED>
<DELETED> (B) by striking ``direct'' and all that
follows through the semicolon and inserting ``tangible
expenditures, as well as significant intangible
costs;'';</DELETED>
<DELETED> (4) in paragraph (7), by striking ``remedy the
causes of'' and inserting ``prevent'';</DELETED>
<DELETED> (5) in paragraph (8), by inserting ``safety,''
after ``fosters the health,'';</DELETED>
<DELETED> (6) in paragraph (10)--</DELETED>
<DELETED> (A) by striking ``ensure that every
community in the United States has'' and inserting
``assist States and communities with''; and</DELETED>
<DELETED> (B) by inserting ``and family'' after
``comprehensive child''; and</DELETED>
<DELETED> (7) in paragraph (11)--</DELETED>
<DELETED> (A) by striking ``child protection'' each
place that such appears and inserting ``child and
family protection''; and</DELETED>
<DELETED> (B) in subparagraph (D), by striking
``sufficient''.</DELETED>
<DELETED>SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.</DELETED>
<DELETED> Section 101 (42 U.S.C. 5101) is amended to read as
follows:</DELETED>
<DELETED>``SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.</DELETED>
<DELETED> ``(a) Establishment.--The Secretary of Health and Human
Services may establish an office to be known as the Office on Child
Abuse and Neglect.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.</DELETED>
<DELETED> Section 102 (42 U.S.C. 5102) is amended to read as
follows:</DELETED>
<DELETED>``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND
NEGLECT.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) law (including the judiciary);</DELETED>
<DELETED> ``(2) psychology (including child
development);</DELETED>
<DELETED> ``(3) social services (including child protective
services);</DELETED>
<DELETED> ``(4) medicine (including pediatrics);</DELETED>
<DELETED> ``(5) State and local government;</DELETED>
<DELETED> ``(6) organizations providing services to disabled
persons;</DELETED>
<DELETED> ``(7) organizations providing services to
adolescents;</DELETED>
<DELETED> ``(8) teachers;</DELETED>
<DELETED> ``(9) parent self-help organizations;</DELETED>
<DELETED> ``(10) parents' groups;</DELETED>
<DELETED> ``(11) voluntary groups; and</DELETED>
<DELETED> ``(12) family rights groups.</DELETED>
<DELETED> ``(d) Vacancies.--Any vacancy in the membership of the
board shall be filled in the same manner in which the original
appointment was made.</DELETED>
<DELETED> ``(e) Election of Officers.--The board shall elect a
chairperson and vice-chairperson at its first meeting from among the
members of the board.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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 a more focused attention to legitimate cases of abuse
or neglect which place a child in danger; and</DELETED>
<DELETED> ``(3) recommendations for modifications needed to
facilitate coordinated national data collection with respect to
child protection and child welfare.''.</DELETED>
<DELETED>SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.</DELETED>
<DELETED> Section 103 (42 U.S.C. 5103) is repealed.</DELETED>
<DELETED>SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.</DELETED>
<DELETED> Section 104 (42 U.S.C. 5104) is amended--</DELETED>
<DELETED> (1) in subsection (a), to read as
follows:</DELETED>
<DELETED> ``(a) Establishment.--The Secretary shall through the
Department, or by one or more contract of not less than 3 years
duration let through a competition, establish a national clearinghouse
for information relating to child abuse.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``Director'' and inserting
``Secretary'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``assessment,''
after ``prevention,''; and</DELETED>
<DELETED> (ii) by striking ``, including''
and all that follows through ``105(b)'' and
inserting ``and'';</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``general population'' and inserting
``United States'';</DELETED>
<DELETED> (ii) in subparagraph (B), by
adding ``and'' at the end thereof;</DELETED>
<DELETED> (iii) in subparagraph (C), by
striking ``; and'' at the end thereof and
inserting a period; and</DELETED>
<DELETED> (iv) by striking subparagraph (D);
and</DELETED>
<DELETED> (D) by striking paragraph (3);
and</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``Director'' and inserting
``Secretary'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(A) standardized data on false,
unfounded, unsubstantiated, or substantiated reports;
and</DELETED>
<DELETED> ``(B) information on the number of deaths
due to child abuse and neglect;'';</DELETED>
<DELETED> (D) by redesignating paragraph (4) as
paragraph (6); and</DELETED>
<DELETED> (E) by inserting after paragraph (3), the
following new paragraphs:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(5) compile, analyze, and publish a summary of
the research conducted under section 105(a); and''.</DELETED>
<DELETED>SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE
ACTIVITIES.</DELETED>
<DELETED> (a) Research.--Section 105(a) (42 (42 U.S.C. 5105(a)) is
amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``OF THE
NATIONAL CENTER ON CHILD ABUSE AND NEGLECT'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``, through the Center, conduct
research on'' and inserting ``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'';</DELETED>
<DELETED> (B) by redesignating subparagraphs (A)
through (C) as subparagraph (B) through (D),
respectively;</DELETED>
<DELETED> (C) by inserting before subparagraph (B)
(as so redesignated) the following new
subparagraph:</DELETED>
<DELETED> ``(A) the nature and scope of child abuse
and neglect;'';</DELETED>
<DELETED> (D) in subparagraph (B) (as so
redesignated), by striking ``identification treatment
and cultural'' and inserting ``causes, prevention,
assessment, identification, treatment, cultural and
socio-economic distinctions, and the consequences of
child abuse and neglect'';</DELETED>
<DELETED> (E) in subparagraph (D) (as so
redesignated)--</DELETED>
<DELETED> (i) by striking clause (ii);
and</DELETED>
<DELETED> (ii) in clause (iii), to read as
follows:</DELETED>
<DELETED> ``(ii) the incidence of
substantiated and unsubstantiated reported
child abuse cases;</DELETED>
<DELETED> ``(iii) the number of
substantiated cases that result in a legal
finding of child abuse or neglect or related
criminal court convictions;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(v) the number of
unsubstantiated, false, or unfounded reports
that have resulted in a child being placed on
substitute care, and the duration of such
placement;</DELETED>
<DELETED> ``(vi) the extent to which
unsubstantiated reports return as more serious
cases of child abuse or neglect;</DELETED>
<DELETED> ``(vii) the incidence and
prevalence of physical, sexual, and emotional
abuse and physical and emotional neglect in
substitute care; and</DELETED>
<DELETED> ``(viii) 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</DELETED>
<DELETED> (3) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``and
demonstrations''; and</DELETED>
<DELETED> (ii) by striking ``paragraph
(1)(A) and activities under section 106'' and
inserting ``paragraph (1)''; and</DELETED>
<DELETED> (B) in subparagraph (B), by striking ``and
demonstration''.</DELETED>
<DELETED> (b) Repeal.--Subsection (b) of section 105 (42 U.S.C.
5105(b)) is repealed.</DELETED>
<DELETED> (c) Technical Assistance.--Section 105(c) (42 U.S.C.
5105(c)) is amended--</DELETED>
<DELETED> (1) by striking ``The Secretary'' and
inserting:</DELETED>
<DELETED> ``(1) In general.--The Secretary'';</DELETED>
<DELETED> (2) by striking ``, through the
Center,'';</DELETED>
<DELETED> (3) by inserting ``State and local'' before
``public and nonprofit'';</DELETED>
<DELETED> (4) by inserting ``assessment,'' before
``identification''; and</DELETED>
<DELETED> (5) by adding at the end thereof the following new
paragraphs:</DELETED>
<DELETED> ``(2) Evaluation.--Such technical assistance may
include an evaluation or identification of--</DELETED>
<DELETED> ``(A) various methods and procedures for
the investigation, assessment, and prosecution of child
physical and sexual abuse cases;</DELETED>
<DELETED> ``(B) resultant ways to mitigate
psychological trauma to the child victim; and</DELETED>
<DELETED> ``(C) effective programs carried out by
the States under titles I and III.</DELETED>
<DELETED> ``(3) Dissemination.--The Secretary may provide
for and disseminate information relating to various training
resources available at the State and local level to--</DELETED>
<DELETED> ``(A) individuals who are engaged, or who
intend to engage, in the prevention, identification,
and treatment of child abuse and neglect; and</DELETED>
<DELETED> ``(B) to 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.''.</DELETED>
<DELETED> (d) Grants and Contracts.--Section 105(d)(2) (42 U.S.C.
5105(d)(2)) is amended by striking the second sentence.</DELETED>
<DELETED> (e) Peer Review.--Section 105(e) (42 U.S.C. 5105(e)) is
amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``and
contracts''; and</DELETED>
<DELETED> (B) in subparagraph (B)--</DELETED>
<DELETED> (i) by striking ``shall'' and
inserting ``may''; and</DELETED>
<DELETED> (ii) by striking ``Office of Human
Development'' and inserting ``Administration on
Children and Families''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking ``, contract, or
other financial assistance''.</DELETED>
<DELETED>SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.</DELETED>
<DELETED> Section 106 (42 U.S.C. 5106) is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``OR
SERVICE'';</DELETED>
<DELETED> (2) in subsection (a), by striking paragraph (1)
and inserting the following new paragraph:</DELETED>
<DELETED> ``(1) 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, research based demonstration programs and projects for
the following purposes:</DELETED>
<DELETED> ``(A) Training programs.--The Secretary
may award grants to public or private non-profit
organizations under this section--</DELETED>
<DELETED> ``(i) 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;</DELETED>
<DELETED> ``(ii) 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;</DELETED>
<DELETED> ``(iii) 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</DELETED>
for dissemination and replication nationally;
and</DELETED>
<DELETED> ``(iv) 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.</DELETED>
<DELETED> ``(B) 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.</DELETED>
<DELETED> ``(C) Other innovative programs and
projects.--</DELETED>
<DELETED> ``(i) 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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) provides, either
directly or through referral, a variety
of community-linked services to assist
families in preventing child abuse and
neglect; and</DELETED>
<DELETED> ``(III) provides further
investigation and intensive
intervention where the child's safety
is in jeopardy.</DELETED>
<DELETED> ``(ii) Preferred placement.--The
Secretary may award grants to public entities
to assist such entities in developing or
implementing procedures protecting the rights
of families, 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 environment
for the child or where such relatives comply
with the State child protection standards.'';
and</DELETED>
<DELETED> (3) by adding at the end thereof the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT
PROGRAMS.</DELETED>
<DELETED> Section 107 (42 U.S.C. 5107) is amended to read as
follows:</DELETED>
<DELETED>``SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the intake, assessment, screening, and
investigation of reports of abuse and neglect;</DELETED>
<DELETED> ``(2)(A) creating and improving the use of
multidisciplinary teams and interagency protocols to enhance
investigations; and</DELETED>
<DELETED> ``(B) improving legal preparation and
representation, including--</DELETED>
<DELETED> ``(i) procedures for appealing and
responding to appeals of substantiated reports of abuse
and neglect; and</DELETED>
<DELETED> ``(ii) provisions for the appointment of a
guardian ad litem.</DELETED>
<DELETED> ``(3) case management and delivery of services
provided to children and their families;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(6) developing and facilitating training
protocols for individuals mandated to report child abuse or
neglect;</DELETED>
<DELETED> ``(7) developing, strengthening, and supporting
child abuse and neglect prevention, treatment, and research
programs in the public and private sectors; or</DELETED>
<DELETED> ``(8) developing, implementing, or operating--
</DELETED>
<DELETED> ``(A) information and education programs
or training programs designed to improve the provision
of services to disabled infants with life-threatening
conditions for--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the parents of such
infants;</DELETED>
<DELETED> ``(B) programs to enhance 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; and</DELETED>
<DELETED> ``(C) programs to assist in obtaining or
coordinating necessary services for families of
disabled infants with life-threatening conditions,
including--</DELETED>
<DELETED> ``(i) existing social and health
services;</DELETED>
<DELETED> ``(ii) financial assistance;
and</DELETED>
<DELETED> ``(iii) services necessary to
facilitate adoptive placement of any such
infants who have been relinquished for
adoption.</DELETED>
<DELETED> ``(b) Compliance and Education Grants.--The Secretary is
authorized to make grants to the States for purposes of developing,
implementing, or operating--</DELETED>
<DELETED> ``(1) the procedures or programs required under
subsection (b)(2);</DELETED>
<DELETED> ``(2) procedures or programs designed to improve
the provision of services to disabled infants with life-
threatening conditions for--</DELETED>
<DELETED> ``(A) 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</DELETED>
<DELETED> ``(B) the parents of such infants;
and</DELETED>
<DELETED> ``(3) programs to assist in obtaining or
coordinating necessary services for families of disabled
infants with life-threatening conditions, including--</DELETED>
<DELETED> ``(A) existing social and health
services;</DELETED>
<DELETED> ``(B) financial assistance; and</DELETED>
<DELETED> ``(C) services necessary to facilitate
adoptive placement of any such infants who have been
relinquished for adoption.</DELETED>
<DELETED> ``(c) Eligibility Requirements.--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--</DELETED>
<DELETED> ``(1) has in effect and operation a State law or
Statewide program relating to child abuse and neglect which
ensures--</DELETED>
<DELETED> ``(A) provisions or procedures for the
reporting of known and suspected instances of child
abuse and neglect; and</DELETED>
<DELETED> ``(B) procedures for the immediate
screening, safety assessment, and prompt investigation
of such reports;</DELETED>
<DELETED> ``(C) 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 physical abuse or
neglect;</DELETED>
<DELETED> ``(D) 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;</DELETED>
<DELETED> ``(E) 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 methods to ensure that disclosure
(and redisclosure) of information concerning child
abuse or neglect involving specific individuals is made
only to persons or entities that the State determines
have a need for such information directly related to
the purposes of this Act;</DELETED>
<DELETED> ``(F) requirements for the prompt
disclosure of all relevant information to any Federal,
State, or local governmental entity, or any agent of
such entity, with a need for such information in order
to carry out its responsibilities under law to protect
children from abuse and neglect;</DELETED>
<DELETED> ``(G) the cooperation of law enforcement
officials, court of competent jurisdiction, and
appropriate State agencies providing human
services;</DELETED>
<DELETED> ``(H) 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 assessment;
and</DELETED>
<DELETED> ``(I) 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</DELETED>
<DELETED> ``(2) 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--</DELETED>
<DELETED> ``(A) coordination and consultation with
individuals designated by and within appropriate
health-care facilities;</DELETED>
<DELETED> ``(B) 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</DELETED>
<DELETED> ``(C) 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.</DELETED>
<DELETED> ``(d) 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.</DELETED>
<DELETED> ``(e) 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 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--</DELETED>
<DELETED> ``(1) receiving and assessing reports of child
abuse or neglect;</DELETED>
<DELETED> ``(2) investigating such reports;</DELETED>
<DELETED> ``(3) protecting children by removing them from
dangerous settings and ensuring their placement in a safe
environment;</DELETED>
<DELETED> ``(4) providing services or referral for services
for families and children where the child is not in danger of
harm;</DELETED>
<DELETED> ``(5) providing services to individuals, families,
or communities, either directly or through referral, aimed at
preventing the occurrence of child abuse and neglect;</DELETED>
<DELETED> ``(6) providing training to support direct line
and supervisory personnel in report-taking, screening,
assessment, decision-making, and referral for investigation;
and</DELETED>
<DELETED> ``(7) providing training for individuals mandated
to report suspected cases of child abuse or neglect.</DELETED>
<DELETED> ``(f) 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), (2), (3), (4),
(5), and (6) of subsection (c).</DELETED>
<DELETED> ``(g) Annual State Data Reports.--Each State to which a
grant is made under this part shall annually submit to the Secretary a
report that includes the following:</DELETED>
<DELETED> ``(1) The number of children who were reported to
the State during the year as abused or neglected.</DELETED>
<DELETED> ``(2) Of the number of children described in
paragraph (1), the number with respect to whom such reports
were--</DELETED>
<DELETED> ``(A) substantiated;</DELETED>
<DELETED> ``(B) unsubstantiated; and</DELETED>
<DELETED> ``(C) determined to be false.</DELETED>
<DELETED> ``(3) Of the number of children described in
paragraph (2)--</DELETED>
<DELETED> ``(A) the number that did not receive
services during the year under the State program funded
under this part or an equivalent State
program;</DELETED>
<DELETED> ``(B) the number that received services
during the year under the State program funded under
this part or an equivalent State program; and</DELETED>
<DELETED> ``(C) the number that were removed from
their families during the year by disposition of the
case.</DELETED>
<DELETED> ``(4) The number of families that received
preventive services from the State during the year.</DELETED>
<DELETED> ``(5) The number of deaths in the State during the
year resulting from child abuse or neglect.</DELETED>
<DELETED> ``(6) Of the number of children described in
paragraph (5), the number of such children who were in foster
care.</DELETED>
<DELETED> ``(7) The number of child protective service
workers responsible for the intake and screening of reports
filed in the previous year.</DELETED>
<DELETED> ``(8) The agency response time with respect to
each such report with respect to initial investigation of
reports of child abuse or neglect.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 110. REPEAL.</DELETED>
<DELETED> Section 108 (42 U.S.C. 5106b) is repealed.</DELETED>
<DELETED>SEC. 111. DEFINITIONS.</DELETED>
<DELETED> Section 113 (42 U.S.C. 5106h) is amended--</DELETED>
<DELETED> (1) by striking paragraphs (1) and (2);</DELETED>
<DELETED> (2) by redesignating paragraphs (3) through (10)
as paragraphs (1) through (8), respectively; and</DELETED>
<DELETED> (3) in paragraph (2) (as so redesignated), to read
as follows:</DELETED>
<DELETED> ``(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 or serious
physical, sexual, or emotional harm, or presents an imminent
risk of serious harm. Such term does not include a child who
has suffered harm where the harm results primarily from the
parent or caretaker's lack of financial resources or from
causes linked to such lack of resources;''.</DELETED>
<DELETED>SEC. 112. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as
follows:</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) General authorization.--There are authorized
to be appropriated to carry out this title, $100,000,000 for
fiscal year 1996, and such sums as may be necessary for each of
the fiscal years 1997 through 2000.</DELETED>
<DELETED> ``(2) Discretionary activities.--</DELETED>
<DELETED> ``(A) In general.--Of the amounts
appropriated for a fiscal year under paragraph (1), the
Secretary shall make available 33</DELETED>\<DELETED>1/
3</DELETED>\ <DELETED>percent of such amounts to fund
discretionary activities under this title.</DELETED>
<DELETED> ``(B) Demonstration projects.--Of the
amounts made available for a fiscal year under
subparagraph (A), the Secretary shall make available
not more than 40 percent of such amounts to carry out
section 106.''.</DELETED>
<DELETED>SEC. 113. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Title I (42 U.S.C. 5101 et seq.) is amended by adding at
the end thereof the following new section:</DELETED>
<DELETED>``SEC. 115. RULE OF CONSTRUCTION.</DELETED>
<DELETED> ``(a) In General.--Nothing in this Act shall be construed
to require that a parent or legal guardian provide a child any medical
service or treatment, nor require a State to find abuse or neglect in
cases in which a parent or legal guardian treats a child's health
condition solely or partially by spiritual or non-medical
means.</DELETED>
<DELETED> ``(b) State Intervention.--Notwithstanding subsection (a),
nothing in this Act shall be construed as precluding a State from
intervening to protect a child or find abuse or neglect in a case
involving the failure or refusal to provide a medical service or
treatment where such failure or refusal will lead to imminent risk of
severe harm to the child.''.</DELETED>
<DELETED>TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION
GRANTS</DELETED>
<DELETED>SEC. 201. ESTABLISHMENT OF PROGRAM.</DELETED>
<DELETED> Title II of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116 et seq.) is amended to read as follows:</DELETED>
<DELETED>``TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION
GRANTS</DELETED>
<DELETED>``SEC. 201. PURPOSE AND AUTHORITY.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) developing, operating, expanding and
enhancing Statewide networks of community-based, prevention-
focused, family resource and support programs that--</DELETED>
<DELETED> ``(A) offer sustained assistance to
families;</DELETED>
<DELETED> ``(B) provide early, comprehensive, and
holistic support for all parents;</DELETED>
<DELETED> ``(C) promote the development of parental
competencies and capacities, especially in young
parents and parents with very young children;</DELETED>
<DELETED> ``(D) increase family stability;</DELETED>
<DELETED> ``(E) improve family access to other
formal and informal resources and opportunities for
assistance available within communities; and</DELETED>
<DELETED> ``(F) support the additional needs of
families with children with disabilities;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 202. ELIGIBILITY.</DELETED>
<DELETED> ``A State shall be eligible for a grant under this title
for a fiscal year if--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the chief executive officer of the State
provides assurances that the lead entity will provide or will
be responsible for providing--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) the chief executive officer of the State
provides assurances that the lead entity--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 203. AMOUNT OF GRANT.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 204. EXISTING AND CONTINUATION GRANTS.</DELETED>
<DELETED> ``(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 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 205. APPLICATION.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(7) an assurance that the State has the capacity
to ensure the meaningful involvement of parents</DELETED>
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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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, and members
of other underserved or underrepresented groups;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(11) a description of how the applicant entity's
activities and those of the network and its members will be
evaluated;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 206. LOCAL PROGRAM REQUIREMENTS.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) assess community assets and needs through a
planning process that involves parents and local public
agencies, local nonprofit organizations, and private sector
representatives;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) provide--</DELETED>
<DELETED> ``(A) core family resource and support
services such as--</DELETED>
<DELETED> ``(i) parent education, mutual
support and self help, and leadership
services;</DELETED>
<DELETED> ``(ii) early developmental
screening of children;</DELETED>
<DELETED> ``(iii) outreach
services;</DELETED>
<DELETED> ``(iv) community and social
service referrals; and</DELETED>
<DELETED> ``(v) follow-up
services;</DELETED>
<DELETED> ``(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; and</DELETED>
<DELETED> ``(C) access to optional services,
including--</DELETED>
<DELETED> ``(i) child care, early childhood
development and intervention
services;</DELETED>
<DELETED> ``(ii) services and supports to
meet the additional needs of families with
children with disabilities;</DELETED>
<DELETED> ``(iii) job readiness
services;</DELETED>
<DELETED> ``(iv) educational services, such
as scholastic tutoring, literacy training, and
General Educational Degree services;</DELETED>
<DELETED> ``(v) self-sufficiency and life
management skills training;</DELETED>
<DELETED> ``(vi) community referral
services; and</DELETED>
<DELETED> ``(vii) peer counseling;</DELETED>
<DELETED> ``(4) develop leadership roles for the meaningful
involvement of parents in the development, operation,
evaluation, and oversight of the programs and
services;</DELETED>
<DELETED> ``(5) provide leadership in mobilizing local
public and private resources to support the provision of needed
family resource and support program services; and</DELETED>
<DELETED> ``(6) participate with other community-based,
prevention-focused, family resource and support program
grantees in the development, operation and expansion of the
Statewide network.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 207. PERFORMANCE MEASURES.</DELETED>
<DELETED> ``A State receiving a grant under this title, through
reports provided to the Secretary, shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) demonstrate the establishment of new respite
and other specific new family resources services to address
unmet needs identified by the inventory and description of
current services required under section 201(b)(6);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(7) describe the results of a peer review
process conducted under the State program; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.</DELETED>
<DELETED> ``The Secretary may allocate such sums as may be necessary
from the amount provided under the State allotment to support the
activities of the State network--</DELETED>
<DELETED> ``(1) to create, operate and maintain a peer
review process;</DELETED>
<DELETED> ``(2) to create, operate and maintain an
information clearinghouse;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(4) to create, operate and maintain a
computerized communication system between lead entities;
and</DELETED>
<DELETED> ``(5) to fund State-to-State technical assistance
through bi-annual conferences.</DELETED>
<DELETED>``SEC. 209. DEFINITIONS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Culturally competent.--The term `culturally
competent' means services, support, or other assistance that is
conducted or provided in a manner that--</DELETED>
<DELETED> ``(A) is responsive to the beliefs,
interpersonal styles, attitudes, languages, and
behaviors of those individuals and families receiving
services; and</DELETED>
<DELETED> ``(B) has the greatest likelihood of
ensuring maximum participation of such individuals and
families.</DELETED>
<DELETED> ``(4) Family resource and support program.--The
term `family resource and support program' means a community-
based, prevention-focused entity that--</DELETED>
<DELETED> ``(A) provides, through direct service,
the core services required under this title,
including--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(iii) early developmental
screening of children to assess any needs of
children, and to identify types of support that
may be provided;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(v) community and social
services to assist families in obtaining
community resources; and</DELETED>
<DELETED> ``(vi) follow-up
services;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) provides access to optional
services, directly or by contract, purchase of service,
or interagency agreement, including--</DELETED>
<DELETED> ``(i) child care, early childhood
development and early intervention
services;</DELETED>
<DELETED> ``(ii) self-sufficiency and life
management skills training;</DELETED>
<DELETED> ``(iii) education services, such
as scholastic tutoring, literacy training, and
General Educational Degree services;</DELETED>
<DELETED> ``(iv) job readiness
skills;</DELETED>
<DELETED> ``(v) child abuse and neglect
prevention activities;</DELETED>
<DELETED> ``(vi) services that families with
children with disabilities or special needs may
require;</DELETED>
<DELETED> ``(vii) community and social
service referral;</DELETED>
<DELETED> ``(viii) peer
counseling;</DELETED>
<DELETED> ``(ix) referral for substance
abuse counseling and treatment; and</DELETED>
<DELETED> ``(x) help line
services.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) are in danger of abuse or
neglect;</DELETED>
<DELETED> ``(B) have experienced abuse or neglect;
or</DELETED>
<DELETED> ``(C) have disabilities, chronic, or
terminal illnesses.</DELETED>
<DELETED>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.</DELETED>
<DELETED>``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``There are authorized to be appropriated to carry out
this title, $108,000,000 for each of the fiscal years 1996, 1997, and
1998.''.</DELETED>
<DELETED>SEC. 202. REPEALS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES</DELETED>
<DELETED>SEC. 301. REFERENCE.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 302. STATE DEMONSTRATION GRANTS.</DELETED>
<DELETED> Section 303(e) (42 U.S.C. 10420(e)) is amended--</DELETED>
<DELETED> (1) by striking ``following local share'' and
inserting ``following non-Federal matching local share'';
and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 303. ALLOTMENTS.</DELETED>
<DELETED> Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by
striking ``$200,000'' and inserting ``$400,000''.</DELETED>
<DELETED>SEC. 304. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 310 (42 U.S.C. 10409) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``80'' and
inserting ``70''; and</DELETED>
<DELETED> (2) by adding at the end thereof the following new
subsections:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE IV--ADOPTION OPPORTUNITIES</DELETED>
<DELETED>SEC. 401. REFERENCE.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 402. FINDINGS AND PURPOSE.</DELETED>
<DELETED> Section 201 (42 U.S.C. 5111) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``50 percent
between 1985 and 1990'' and inserting ``61
percent between 1986 and 1994''; and</DELETED>
<DELETED> (ii) by striking ``400,000
children at the end of June, 1990'' and
inserting ``452,000 as of June, 1994'';
and</DELETED>
<DELETED> (B) in paragraph (5), by striking
``local'' and inserting ``legal''; and</DELETED>
<DELETED> (C) in paragraph (7), to read as
follows:</DELETED>
<DELETED> ``(7)(A) currently, 40,000 children are free for
adoption and awaiting placement;</DELETED>
<DELETED> ``(B) such children are typically school aged, in
sibling groups, have experienced neglect or abuse, or have a
physical, mental, or emotional disability; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``conditions, by--'' and
all that follows through ``providing a mechanism'' and
inserting ``conditions, by providing a mechanism'';
and</DELETED>
<DELETED> (B) by redesignating subparagraphs (A)
through (C), as paragraphs (1) through (3),
respectively and by realigning the margins of such
paragraphs accordingly.</DELETED>
<DELETED>SEC. 403. INFORMATION AND SERVICES.</DELETED>
<DELETED> Section 203 (42 U.S.C. 5113) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking the last
sentence;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (6), to read as
follows:</DELETED>
<DELETED> ``(6) study the nature, scope, and effects of the
placement of children in kinship care arrangements, pre-
adoptive, or adoptive homes;'';</DELETED>
<DELETED> (B) by redesignating paragraphs (7)
through (9) as paragraphs (8) through (10),
respectively; and</DELETED>
<DELETED> (C) by inserting after paragraph (6), the
following new paragraph:</DELETED>
<DELETED> ``(7) study the efficacy of States contracting
with public or private nonprofit agencies (including community-
based organizations), 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</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``Each'' and
inserting ``(A) Each'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) by adding at the end thereof
the following new subparagraph:</DELETED>
<DELETED> ``(B) The Secretary shall provide, directly or by grant to
or contract with public or private nonprofit agencies or
organizations--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) other assistance to help State and local
governments replicate successful adoption-related projects from
other areas in the United States.''.</DELETED>
<DELETED>SEC. 404. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 205 (42 U.S.C. 5115) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``$10,000,000,'' and all
that follows through ``1992, and''; and</DELETED>
<DELETED> (B) by inserting ``$20,000,000 for fiscal
year 1996, and such sums as may be necessary for fiscal
year 1997'' after ``1995,'';</DELETED>
<DELETED> (2) by striking subsection (b); and</DELETED>
<DELETED> (3) by redesignating subsection (c) as subsection
(b).</DELETED>
<DELETED>TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986</DELETED>
<DELETED>SEC. 501. REAUTHORIZATION.</DELETED>
<DELETED> 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 and 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000''.</DELETED>
<DELETED>TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS</DELETED>
<DELETED>SEC. 601. MISSING CHILDREN'S ASSISTANCE ACT.</DELETED>
<DELETED> Section 408 of the Missing Children's Assistance Act (42
U.S.C. 5777) is amended--</DELETED>
<DELETED> (1) by striking ``To'' and inserting ``(a) In
General.--''</DELETED>
<DELETED> (2) by striking ``and 1996'' and inserting ``1996,
and 1997''; and</DELETED>
<DELETED> (3) by adding at the end thereof the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.</DELETED>
<DELETED> Section 214B of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13004) is amended--</DELETED>
<DELETED> (1) in subsection (a)(2), by striking ``and 1996''
and inserting ``1996, and 1997''; and</DELETED>
<DELETED> (2) in subsection (b)(2), by striking ``and 1996''
and inserting ``1996, and 1997''.</DELETED>
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 1995''.
(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 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.--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--
``(1) has in effect and operation a State law or Statewide
program relating to child abuse and neglect which ensures--
``(A) provisions or procedures for the reporting of
known and suspected instances of child abuse and
neglect;
``(B) procedures for the immediate screening,
safety assessment, and prompt investigation of such
reports;
``(C) 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;
``(D) 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;
``(E) 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
methods to ensure that disclosure (and redisclosure) of
information concerning child abuse or neglect involving
specific individuals is made only to persons or
entities that the State determines have a need for such
information directly related to the purposes of this
Act;
``(F) requirements for the prompt disclosure of all
relevant information to any Federal, State, or local
governmental entity, or any agent of such entity, with
a need for such information in order to carry out its
responsibilities under law to protect children from
abuse and neglect;
``(G) the cooperation of State law enforcement
officials, court of competent jurisdiction, and
appropriate State agencies providing human services;
``(H) 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
``(I) 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
``(2) 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--
``(A) coordination and consultation with
individuals designated by and within appropriate
health-care facilities;
``(B) 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
``(C) 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.
``(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 or serious
physical, sexual, or emotional harm, or 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 1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2000.
``(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. 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 1996 through 2000.''.
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 2000 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 and 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000''.
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''; 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 2000''.
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