[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]

  1st Session
                                S. 1129

     To provide grants to States for supervised visitation centers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

  Mr. Wellstone (for himself and Mr. Durbin) introduced the following 
 bill; which was read twice and referred to the Committee on Labor and 
                            Human Resources

_______________________________________________________________________

                                 A BILL


 
     To provide grants to States for supervised visitation centers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Havens for Children Act of 
1997''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect children from the trauma of witnessing or 
        experiencing violence, sexual abuse, neglect, abduction, rape, 
        or death during parent-child visitation and visitation 
        exchanges;
            (2) to protect victims of domestic violence from 
        experiencing further violence during child visitation and 
        visitation exchanges; and
            (3) to provide safe havens for parents and children during 
        visitation and visitation exchanges, to promote continuity and 
        stability.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Family violence does not necessarily cease when family 
        victims are legally separated by divorce or otherwise not 
        sharing a household.
            (2) According to a 1996 report by the American 
        Psychological Association, custody and visitation disputes are 
        more frequent when there is a history of domestic violence.
            (3) Family violence often escalates following separation 
        and divorce, and child custody and visitation arrangements 
        become the new forum for the continuation of abuse.
            (4) According to a 1996 report by the American 
        Psychological Association, fathers who batter mothers are twice 
        as likely to seek sole custody of their children. In these 
        circumstances, if the abusive father loses custody he is more 
        likely to continue the threats to the mother through other 
        legal actions.
            (5) Some perpetrators of violence use the children as pawns 
        to control the abused party and to commit more violence during 
        separation or divorce. In one study, 34 percent of women in 
        shelters and callers to hotlines reported threats of 
        kidnapping, 11 percent reported that the batterer had kidnapped 
        the child for some period, and 21 percent reported that threats 
        of kidnapping forced the victim to return to the batterer.
            (6) Approximately 90 percent of children in homes in which 
        their mothers are abused witness the abuse. Children who 
        witness domestic violence may themselves become victims and 
        exhibit more aggressive, antisocial, fearful, and inhibited 
        behaviors. Such children display more anxiety, aggression and 
        temperamental problems.
            (7) Women and children are at an elevated risk of violence 
        during the process of separation or divorce.
            (8) Fifty to 70 percent of men who abuse their spouses or 
        partners also abuse their children.
            (9) Up to 75 percent of all domestic assaults reported to 
        law enforcement agencies were inflicted after the separation of 
        the couple.
            (10) In one study of spousal homicide, over \1/2\ of the 
        male defendants were separated from their victims.
            (11) Seventy-three percent of battered women seeking 
        emergency medical services do so after separation.
            (12) The National Council of Juvenile and Family Court 
        Judges includes the option of visitation centers in their Model 
        Code on Domestic and Family Violence.

SEC. 4. GRANTS TO STATES TO PROVIDE FOR SUPERVISED VISITATION CENTERS

    (a) In General.--The Secretary of Health and Human Services (in 
this Act referred to as the ``Secretary'') is authorized to award 
grants to States to enable States to enter into contracts and 
cooperative agreements with public or private nonprofit entities to 
assist such entities in establishing and operating supervised 
visitation centers for the purposes of facilitating supervised 
visitation and visitation exchange.
    (b) Considerations.--In awarding such grants, contracts, and 
cooperative agreements under subsection (a), the Secretary shall take 
into account--
            (1) the number of families to be served by the proposed 
        visitation center to be established under the grant, contract, 
        or agreement;
            (2) the extent to which the proposed supervised visitation 
        centers serve underserved populations; and
            (3) the extent to which the applicant demonstrates 
        cooperation and collaboration with advocates in the local 
        community served, including the State domestic violence 
        coalition, State sexual assault coalition, local shelters, and 
        programs for domestic violence and sexual assault victims.
    (c) Use of Funds.--
            (1) In general.--Amounts provided under a grant, contract, 
        or cooperative agreement awarded under this section shall be 
        used to establish supervised visitation centers and for the 
        purposes described in section 2. Individuals shall be permitted 
        to use the services provided by the center on a sliding fee 
        basis.
            (2) Applicant requirements.--The Secretary shall award 
        grants, contracts, and cooperative agreements under this Act in 
        accordance with such regulations as the Secretary may 
        promulgate. The Secretary shall give priority in awarding 
        grants, contracts, and cooperative agreements under this Act to 
        States that consider domestic violence in making a custody 
        decision. An applicant awarded such a grant, contract, or 
        cooperative agreement shall--
                    (A) demonstrate recognized expertise in the area of 
                family violence and a record of high quality service to 
                victims of domestic violence and sexual assault;
                    (B) demonstrate collaboration with and support of 
                the State domestic violence coalition, sexual assault 
                coalition and local domestic violence and sexual 
                assault shelter or program in the locality in which the 
                supervised visitation center will be operated; and
                    (C) provide long-term supervised visitation and 
                visitation exchange services to promote continuity and 
                stability.
    (d) Reporting and Evaluation.--
            (1) Reporting.--Not later than 60 days after the end of 
        each fiscal year, the Secretary shall submit to Congress a 
        report that includes information concerning--
                    (A) the number of individuals served and the number 
                of individuals turned away from services categorized by 
                State and the type of presenting problems that underlie 
                the need for supervised visitation or visitation 
                exchange, such as domestic violence, child abuse, 
                sexual assault, emotional or other physical abuse, or a 
                combination of such factors;
                    (B) the numbers of supervised visitations or 
                visitation exchanges ordered during custody 
                determinations under a separation or divorce decree or 
                protection order, through child protection services, or 
                through other social services agencies;
                    (C) the process by which children or abused 
                partners are protected during visitations, temporary 
                custody transfers and other activities for which the 
                supervised visitation centers are created;
                    (D) safety and security problems occurring during 
                the reporting period during supervised visitations or 
                at visitation centers including the number of parental 
                abduction cases;
                    (E) the number of parental abduction cases in a 
                judicial district using supervised visitation services, 
                both as identified in criminal prosecution and custody 
                violations; and
                    (F) any other appropriate information designated in 
                regulations promulgated by the Secretary.
            (2) Evaluation.--In addition to submitting the reports 
        required under paragraph (1), an entity receiving a grant, 
        contract or cooperative agreement under this Act shall have a 
        collateral agreement with the court, the child protection 
        social services division of the State, and local domestic 
        violence agencies or State and local domestic violence 
        coalitions to evaluate the supervised visitation center 
        operated under the grant, contract or agreement. The entities 
        conducting such evaluations shall submit a narrative evaluation 
        of the center to both the center and the grantee.
    (e) Funding.--
            (1) In general.--There shall be made available from amounts 
        contained in the Violent Crime Reduction Trust Fund established 
        under title XXXI of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14211 et seq.), $65,000,000 
        for each of the fiscal years 1998 through 2000 for the purpose 
        of awarding grants, contracts, and cooperative agreements under 
        this Act.
            (2) Distribution.--Of the amounts made available to carry 
        out this Act for each fiscal year, not less than 90 percent of 
        such amount shall be used to award grants, contracts, or 
        cooperative agreements.
            (3) Disbursement.--Amounts made available under this Act 
        shall be disbursed as categorical grants through the 10 
        regional offices of the Department of Health and Human 
        Services.
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