[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Enrolled Bill (ENR)]
S.342
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To amend the Child Abuse Prevention and Treatment Act to make
improvements to and reauthorize programs under that Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Children
and Families Safe Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National clearinghouse for information relating to child
abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
Sec. 116. Miscellaneous requirements relating to assistance.
Sec. 117. Authorization of appropriations.
Sec. 118. Reports.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
Subtitle C--Conforming Amendments
Sec. 141. Conforming amendments.
TITLE II--ADOPTION OPPORTUNITIES
Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.
TITLE III--ABANDONED INFANTS ASSISTANCE
Sec. 301. Findings.
Sec. 302. Establishment of local projects.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
Sec. 306. Conforming amendment.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Related assistance.
Sec. 406. Authorization of appropriations.
Sec. 407. Grants for State domestic violence coalitions.
Sec. 408. Evaluation and monitoring.
Sec. 409. Family member abuse information and documentation project.
Sec. 410. Model State leadership grants.
Sec. 411. National domestic violence hotline and internet grant.
Sec. 412. Youth education and domestic violence.
Sec. 413. Demonstration grants for community initiatives.
Sec. 414. Transitional housing assistance.
Sec. 415. Technical and conforming amendments.
Sec. 416. Conforming amendment to another Act.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000'' and
inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as paragraphs
(4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form of
maltreatment; and
``(B) investigations have determined that approximately 60
percent of children who were victims of maltreatment in 2001
suffered neglect, 19 percent suffered physical abuse, 10 percent
suffered sexual abuse, and 7 percent suffered emotional
maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2001, an estimated 1,300 children were counted by
child protection services to have died as a result of abuse or
neglect; and
``(C) children younger than 1 year old comprised 41 percent of
child abuse fatalities and 85 percent of child abuse fatalities
were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment; and
``(B) slightly less than half of these children (42 percent in
2001) and their families fail to receive adequate protection or
treatment;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``organizations'' and
inserting ``community-based organizations'';
(B) in subparagraph (D), by striking ``ensures'' and all
that follows through ``knowledge,'' and inserting ``recognizes
the need for properly trained staff with the qualifications
needed''; and
(C) in subparagraph (E), by inserting before the semicolon
the following: ``, which may impact child rearing patterns,
while at the same time, not allowing those differences to
enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking ``this
national child and family emergency'' and inserting ``child abuse
and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting ``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all effective
programs, including private and community-based programs, that show
promise of success with respect to the prevention, assessment,
identification, and treatment of child abuse and neglect and hold
the potential for broad scale implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting a
semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used for
achieving improvements in child protective systems;''; and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that 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
this Act; and
``(5) collect 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.''.
(b) Coordination With Available Resources.--Section 103(c)(1) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is
amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that describes
best practices being used throughout the Nation for making
appropriate referrals related to, and addressing, the physical,
developmental, and mental health needs of abused and neglected
children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the first
sentence, by inserting ``, including longitudinal research,''
after ``interdisciplinary program of research''; and
(B) in subparagraph (B), by inserting before the semicolon
the following: ``, including the effects of abuse and neglect
on a child's development and the identification of successful
early intervention services or other services that are
needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and inserting
``judicial systems, including multidisciplinary,
coordinated decisionmaking procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at the end;
(ii) by redesignating clause (ix) as clause (x); and
(iii) by inserting after clause (viii), the following:
``(ix) the incidence and prevalence of child
maltreatment by a wide array of demographic characteristics
such as age, sex, race, family structure, household
relationship (including the living arrangement of the
resident parent and family size), school enrollment and
education attainment, disability, grandparents as
caregivers, labor force status, work status in previous
year, and income in previous year; and'';
(E) by redesignating subparagraph (D) as subparagraph (I);
and
(F) by inserting after subparagraph (C), the following:
``(D) the evaluation and dissemination of best practices
consistent with the goals of achieving improvements in the
child protective services systems of the States in accordance
with paragraphs (1) through (12) of section 106(a);
``(E) effective approaches to interagency collaboration
between the child protection system and the juvenile justice
system that improve the delivery of services and treatment,
including methods for continuity of treatment plan and services
as children transition between systems;
``(F) an evaluation of the redundancies and gaps in the
services in the field of child abuse and neglect prevention in
order to make better use of resources;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of low
income children who need health services, including mental
health services;
``(H) the information on the national incidence of child
abuse and neglect specified in clauses (i) through (xi) of
subparagraph (H); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Not later than 2 years after the date of enactment of
the Keeping Children and Families Safe Act of 2003, and every 2
years thereafter, the Secretary shall provide an opportunity
for public comment concerning the priorities proposed under
subparagraph (A) and maintain an official record of such public
comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on the
national incidence of child abuse and neglect, including the
information on the national incidence on child abuse and neglect
specified in subparagraphs (i) through (ix) of paragraph (1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of 2003,
the Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the Senate a
report that contains the results of the research conducted under
paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and'' and
inserting ``private agencies and community-based''; and
(B) by inserting ``, including replicating successful
program models,'' after ``programs and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services to improve forensic diagnosis
and health evaluations, and barriers and shortages to such
linkages.''.
(c) Demonstration Programs and Projects.--Section 104 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by
adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary may award
grants to, and enter into contracts with, States or public or private
agencies or organizations (or combinations of such agencies or
organizations) for time-limited, demonstration projects for the
following:
``(1) Promotion of safe, family-friendly physical environments
for visitation and exchange.--The Secretary may award grants under
this subsection to entities to assist such entities in establishing
and operating safe, family-friendly physical environments--
``(A) for court-ordered, supervised visitation between
children and abusing parents; and
``(B) to safely facilitate the exchange of children for
visits with noncustodial parents in cases of domestic violence.
``(2) Education identification, prevention, and treatment.--The
Secretary may award grants under this subsection to entities for
projects that provide educational identification, prevention, and
treatment services in cooperation with preschool and elementary and
secondary schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects that
provide for the development of research-based strategies for risk
and safety assessments relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve research-based
strategies for innovative training for mandated child abuse and
neglect reporters.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Demonstration Programs and Projects.--Section 105(a) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is
amended--
(1) in the subsection heading, by striking ``Demonstration''
and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``nonprofit'';
(B) in subparagraph (A), by striking ``law, education,
social work, and other relevant fields'' and inserting ``law
enforcement, judiciary, social work and child protection,
education, and other relevant fields, or individuals such as
court appointed special advocates (CASAs) and guardian ad
litem,'';
(C) in subparagraph (B), by striking ``nonprofit'' and all
that follows through ``; and'' and inserting ``children, youth
and family service organizations in order to prevent child
abuse and neglect;'';
(D) in subparagraph (C), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing Federal, State, local, and private
funding to meet the health evaluation needs of children who
have been subjects of substantiated cases of child abuse or
neglect;
``(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time
of contact during the investigation through treatment;
``(F) for the training of personnel regarding the legal
duties of such personnel and their responsibilities to protect
the legal rights of children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and local
health care agencies, alcohol and drug abuse prevention and
treatment agencies, mental health agencies, and other public
and private welfare agencies to promote child safety,
permanence, and family stability;
``(I) for cross training for child protective service
workers in research-based strategies for recognizing situations
of substance abuse, domestic violence, and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to disabled
infants with life-threatening conditions for--
``(i) professionals 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.'';
(4) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants under
this subsection to public and private agencies that demonstrate
innovation in responding to reports of child abuse and neglect,
including programs of collaborative partnerships between the State
child protective services agency, community social service agencies
and family support programs, law enforcement agencies,
developmental disability agencies, substance abuse treatment
entities, health care entities, domestic violence prevention
entities, mental health service entities, schools, churches and
synagogues, and other community agencies, to allow for the
establishment of a triage system that--
``(A) 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;
``(B) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``nonprofit organizations (such as Parents Anonymous)'' and
inserting ``organizations'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinshipcare.--'' and inserting
the following:
``(4) Kinship care.--
``(A) In general.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies and
public health, mental health, and developmental disabilities
agencies.--The Secretary may award grants to entities that provide
linkages between State or local child protective service agencies
and public health, mental health, and developmental disabilities
agencies, for the purpose of establishing linkages that are
designed to help assure that a greater number of substantiated
victims of child maltreatment have their physical health, mental
health, and developmental needs appropriately diagnosed and
treated, in accordance with all applicable Federal and State
privacy laws.''.
(b) Discretionary Grants.--Section 105(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (b)'' and inserting ``subsection (a)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively;
(4) by inserting after paragraph (2) (as so redesignated), the
following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a report of
maltreatment has been substantiated.''; and
(5) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract'' after
``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the Secretary
shall make available technical assistance for the evaluation, where
needed, including the use of a rigorous application of scientific
evaluation techniques.''.
(d) Technical Amendment to Heading.--The section heading for
section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106) is amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION
AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case monitoring,''
after ``case management''; and
(B) by inserting ``and treatment'' after ``and delivery of
services'';
(2) in paragraph (4), by striking ``improving'' and all that
follows through ``referral systems'' and inserting ``developing,
improving, and implementing risk and safety assessment tools and
protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and neglect
from intake through final disposition and allow interstate and
intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including--
``(A) training regarding research-based strategies to
promote collaboration with the families;
``(B) training regarding the legal duties of such
individuals; and
``(C) personal safety training for case workers;'';
(7) by inserting after paragraph (6) (as so redesignated) the
following:
``(7) improving the skills, qualifications, and availability of
individuals providing services to children and families, and the
supervisors of such individuals, through the child protection
system, including improvements in the recruitment and retention of
caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating research-based strategies for
training for individuals mandated to report child abuse or neglect;
``(10) developing, implementing, or operating programs to
assist in obtaining or coordinating necessary services for families
of disabled infants with life-threatening conditions, including--
``(A) existing social and health services;
``(B) financial assistance; and
``(C) services necessary to facilitate adoptive placement
of any such infants who have been relinquished for adoption;
``(11) developing and delivering information to improve public
education relating to the role and responsibilities of the child
protection system and the nature and basis for reporting suspected
incidents of child abuse and neglect;'';
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice system
for improved delivery of services and treatment, including methods
for continuity of treatment plan and services as children
transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or neglected,
including supporting prompt, comprehensive health and developmental
evaluations for children who are the subject of substantiated child
maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the Secretary of
any substantive changes'' and inserting the following:
``provide notice to the Secretary--
``(i) of any substantive changes; and'';
(ii) by striking the period and inserting ``; and'';
and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds provided
under this section are used to support the activities which
may differ from the activities as described in the current
State application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii), (iv), (v),
(vi), (vii), (viii), (ix), (x), (xi), (xii), and (xiii) as
clauses (iv), (vi), (vii), (viii), (x), (xi), (xii),
(xiii), (xiv), (xv), (xvi) and (xvii), respectively;
(ii) by inserting after clause (i), the following:
``(ii) policies and procedures (including appropriate
referrals to child protection service systems and for other
appropriate services) to address the needs of infants born
and identified as being affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug
exposure, including a requirement that health care
providers involved in the delivery or care of such infants
notify the child protective services system of the
occurrence of such condition in such infants, except that
such notification shall not be construed to--
``(I) establish a definition under Federal law of
what constitutes child abuse; or
``(II) require prosecution for any illegal action;
``(iii) the development of a plan of safe care for the
infant born and identified as being affected by illegal
substance abuse or withdrawal symptoms;'';
(iii) in clause (iv) (as so redesignated), by inserting
``risk and'' before ``safety'';
(iv) by inserting after clause (iv) (as so
redesignated), the following:
``(v) triage procedures for the appropriate referral of
a child not at risk of imminent harm to a community
organization or voluntary preventive service;'';
(v) in clause (viii)(II) (as so redesignated), by
striking ``, having a need for such information in order to
carry out its responsibilities under law to protect
children from abuse and neglect'' and inserting ``, as
described in clause (ix)'';
(vi) by inserting after clause (viii) (as so
redesignated), the following:
``(ix) provisions to require a State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from abuse
and neglect;'';
(vii) in clause (xiii) (as so redesignated)--
(I) by inserting ``who has received training
appropriate to the role, and'' after ``guardian ad
litem,''; and
(II) by inserting ``who has received training
appropriate to that role'' after ``advocate'';
(viii) in clause (xv) (as so redesignated), by striking
``to be effective not later than 2 years after the date of
enactment of this section'';
(ix) in clause (xvi) (as so redesignated)--
(I) by striking ``to be effective not later than 2
years after the date of enactment of this section'';
and
(II) by striking ``and'' at the end;
(x) in clause (xvii) (as so redesignated), by striking
``clause (xii)'' each place that such appears and inserting
``clause (xvi)''; and
(xi) by adding at the end the following:
``(xviii) provisions and procedures to require that a
representative of the child protective services agency
shall, at the initial time of contact with the individual
subject to a child abuse and neglect investigation, advise
the individual of the complaints or allegations made
against the individual, in a manner that is consistent with
laws protecting the rights of the informant;
``(xix) provisions addressing the training of
representatives of the child protective services system
regarding the legal duties of the representatives, which
may consist of various methods of informing such
representatives of such duties, in order to protect the
legal rights and safety of children and families from the
initial time of contact during investigation through
treatment;
``(xx) provisions and procedures for improving the
training, retention, and supervision of caseworkers;
``(xxi) provisions and procedures for referral of a
child under the age of 3 who is involved in a substantiated
case of child abuse or neglect to early intervention
services funded under part C of the Individuals with
Disabilities Education Act; and
``(xxii) not later than 2 years after the date of
enactment of the Keeping Children and Families Safe Act of
2003, provisions and procedures for requiring criminal
background record checks for prospective foster and
adoptive parents and other adult relatives and non-
relatives residing in the household;''; and
(C) in paragraph (2), by adding at the end the following
flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to public
access to court proceedings to determine child abuse and neglect,
except that such policies shall, at a minimum, ensure the safety
and well-being of the child, parents, and families.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended by
striking ``With regard to clauses (v) and (vi) of paragraph
(2)(A)'' and inserting ``With regard to clauses (vi) and (vii) of
paragraph (2)(A)''.
(c) Citizen Review Panels.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures'' and inserting
``, procedures, and practices''; and
(II) by striking ``the agencies'' and inserting
``State and local child protection system agencies'';
and
(ii) in clause (iii)(I), by striking ``State'' and
inserting ``State and local''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for public
outreach and comment in order to assess the impact of current
procedures and practices upon children and families in the
community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State and the
public''; and
(B) by inserting before the period the following: ``and
recommendations to improve the child protection services system
at the State and local levels. Not later than 6 months after
the date on which a report is submitted by the panel to the
State, the appropriate State agency shall submit a written
response to State and local child protection systems and the
citizen review panel that describes whether or how the State
will incorporate the recommendations of such panel (where
appropriate) to make measurable progress in improving the State
and local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding
at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required by
subsection (c)(6).
``(14) The number of children under the care of the State child
protection system who are transferred into the custody of the State
juvenile justice system.''.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to Congress a report that describes the extent to which States
are implementing the policies and procedures required under section
106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act.
SEC. 115. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.
Section 107(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are victims of
abuse or neglect.''.
SEC. 116. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that the
Secretary should encourage all States and public and private agencies
or organizations that receive assistance under this title to ensure
that children and families with limited English proficiency who
participate in programs under this title are provided materials and
services under such programs in an appropriate language other than
English.
``(e) Annual Report.--A State that receives funds under section
106(a) shall annually prepare and submit to the Secretary a report
describing the manner in which funds provided under this Act, alone or
in combination with other Federal funds, were used to address the
purposes and achieve the objectives of section 106.''.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read
as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal year
2004 and such sums as may be necessary for each of the fiscal years
2005 through 2008.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is
amended--
(1) by striking ``Secretary make'' and inserting ``Secretary
shall make''; and
(2) by striking ``section 106'' and inserting ``section 104''.
SEC. 118. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample of the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act of 2003,
the Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report that
contains the results of the study conducted under paragraph (1).''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as follows:
``(1) to support community-based efforts to develop, operate,
expand, enhance, and, where appropriate to network, initiatives
aimed at the prevention of child abuse and neglect, and to support
networks of coordinated resources and activities to better
strengthen and support families to reduce the likelihood of child
abuse and neglect; and''.
(b) Authority.--Section 201(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``Statewide'' and all that follows through the dash, and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate) that are accessible, effective, culturally
appropriate, and build upon existing strengths that--'';
(B) in subparagraph (F), by striking ``and'' at the end;
and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and ethnic
minorities, and members of other underrepresented or
underserved groups; and
``(H) provide referrals to early health and developmental
services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds'' after
``maximizing funding'';
(B) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(C) by striking ``family resource and support program'' and
inserting ``programs and activities designed to strengthen and
support families to prevent child abuse and neglect (through
networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by
striking the heading for such title and inserting the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of community-
based, prevention-focused'' and inserting ``community-based
and prevention-focused''; and
(ii) by striking ``family resource and support
programs'' and all that follows through the semicolon and
inserting ``programs and activities designed to strengthen
and support families to prevent child abuse and neglect
(through networks where appropriate);''
(B) in subparagraph (B), by inserting ``that exists to
strengthen and support families to prevent child abuse and
neglect'' after ``written authority of the State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with disabilities''
before the semicolon;
(C) in subparagraph (C), by striking ``to the network'';
and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training and
technical assistance, to the Statewide network of community-
based, prevention-focused, family resource and support
programs'' and inserting ``training, technical assistance, and
evaluation assistance, to community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect (through
networks where appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents with
disabilities,'' after ``children with disabilities''.
SEC. 123. AMOUNT OF GRANT.
Section 203 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116b) is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated'';
(B) by striking ``State lead agency'' and inserting ``State
lead entity''; and
(C) by striking ``the lead agency'' and inserting ``the
current lead entity''; and
(2) in subsection (c)(2), by striking ``subsection (a)'' and
inserting ``subsection (b)''.
SEC. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families
to prevent child abuse and neglect (through networks where
appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based, prevention-
focused, family resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate)''; and
(B) by striking ``, including those funded by programs
consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs and
current community-based and prevention-focused programs and
activities to prevent child abuse and neglect, and other family
resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families
to prevent child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``start up, maintenance, expansion, and
redesign of community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent
child abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent
child abuse and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent
child abuse and neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent
child abuse and neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting ``community-
based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs'' and
inserting ``and prevention-focused programs and activities designed
to strengthen and support families to prevent child abuse and
neglect'';
(2) in paragraph (3)(B), by inserting ``voluntary home visiting
and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and prevention-
focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect in the development,
operation and expansion of networks where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families
to prevent child abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4)--
(A) by inserting ``and parents with disabilities,'' after
``children with disabilities,''; and
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this title'' and
inserting ``evaluation of community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect, and in the
design, operation and evaluation of the networks of such
community-based and prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to strengthen
and support families to prevent child abuse and neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families
to prevent child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent
child abuse and neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g(3)) is amended by striking ``Statewide networks of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families to
prevent child abuse and neglect''.
SEC. 129. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by
striking ``given such term in section 602(a)(2)'' and inserting ``given
the term `child with a disability' in section 602(3) or `infant or
toddler with a disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and Activities
to Prevent Child Abuse and Neglect.--Section 209 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h) is amended by striking
paragraphs (3) and (4) and inserting the following:
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and activities
designed to strengthen and support families to prevent child abuse
and neglect' includes organizations such as family resource
programs, family support programs, voluntary home visiting
programs, respite care programs, parenting education, mutual
support programs, and other community programs or networks of such
programs that provide activities that are designed to prevent or
respond to child abuse and neglect.''.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the fiscal years 2005 through 2008.''.
Subtitle C--Conforming Amendments
SEC. 141. CONFORMING AMENDMENTS.
The table of contents of the Child Abuse Prevention and Treatment
Act, as contained in section 1(b) of such Act (42 U.S.C. 5101 note), is
amended as follows:
(1) By striking the item relating to section 105 and inserting
the following:
``Sec. 105. Grants to States and public or private agencies and
organizations.''.
(2) By striking the item relating to title II and inserting the
following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT.''
(3) By striking the item relating to section 204.
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and inserting
the following:
``(1) the number of children in substitute care has increased
by nearly 24 percent since 1994, as our Nation's foster care
population included more than 565,000 as of September of 2001;
``(2) children entering foster care have complex problems that
require intensive services, with many such children having special
needs because they are born to mothers who did not receive prenatal
care, are born with life threatening conditions or disabilities,
are born addicted to alcohol or other drugs, or have been exposed
to infection with the etiologic agent for the human
immunodeficiency virus;
``(3) each year, thousands of children are in need of placement
in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (8) respectively;
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting ``,
including geographic barriers,'' after ``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.
SEC. 202. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and inserting
the following:
``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after ``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each place
that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the nature,
scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place that such
appears; and
(ii) by striking the period at the end and inserting
``; and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private licensed
child welfare or adoption agencies) for the implementation of
programs that are intended to increase the number of older children
(who are in foster care and with the goal of adoption) placed in
adoptive families, with a special emphasis on child-specific
recruitment strategies, including--
``(A) outreach, public education, or media campaigns to
inform the public of the needs and numbers of older youth
available for adoption;
``(B) training of personnel in the special needs of older
youth and the successful strategies of child-focused, child-
specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and inserting the
following:
``(c) Services for Families Adopting Special Needs Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of subparagraphs (A)
through (G) accordingly;
(ii) in subparagraph (F), by striking ``and'' at the
end;
(iii) in subparagraph (G), by striking the period and
inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and inserting the
following:
``(d) Improving Placement Rate of Children in Foster Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting the
following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Technical and other assistance.--The Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i) and (ii)
accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across Jurisdictional
Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies, adoption
exchanges, or adoption family groups to carry out initiatives to
improve efforts to eliminate barriers to placing children for
adoption across jurisdictional boundaries.
``(2) Services to supplement not supplant.--Services provided
under grants made under this subsection shall supplement, not
supplant, services provided using any other funds made available
for the same general purposes including--
``(A) developing a uniform homestudy standard and protocol
for acceptance of homestudies between States and jurisdictions;
``(B) developing models of financing cross-jurisdictional
placements;
``(C) expanding the capacity of all adoption exchanges to
serve increasing numbers of children;
``(D) developing training materials and training social
workers on preparing and moving children across State lines;
and
``(E) developing and supporting initiative models for
networking among agencies, adoption exchanges, and parent
support groups across jurisdictional boundaries.''.
SEC. 203. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--The'';
(2) by striking ``of this Act'' and inserting ``of the Keeping
Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting ``to
determine--
``(1) the nature'';
(4) by striking ``which are not licensed'' and all that follows
through ``entity''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across State
lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at
the end the following:
``(b) Dynamics of Successful Adoption.--The Secretary shall conduct
research (directly or by grant to, or contract with, public or private
nonprofit research agencies or organizations) about adoption outcomes
and the factors affecting those outcomes. The Secretary shall submit a
report containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36 months
after the date of the enactment of the Keeping Children and Families
Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year after
the date of the enactment of the Keeping Children and Families Safe Act
of 2003, the Secretary shall submit to the appropriate committees of
the Congress a report that contains recommendations for an action plan
to facilitate the interjurisdictional adoption of foster children.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as
follows:
``There are authorized to be appropriated $40,000,000 for fiscal
year 2004 and such sums as may be necessary for fiscal years 2005
through 2008 to carry out programs and activities authorized under this
subtitle.''.
TITLE III--ABANDONED INFANTS ASSISTANCE
SEC. 301. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and inserting
``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working with
infants and young children with life-threatening conditions and
other special needs, including those who are infected with the
human immunodeficiency virus (commonly known as `HIV'), those who
have acquired immune deficiency syndrome (commonly known as
`AIDS'), and those who have been exposed to dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8)--
(A) by striking ``such infants and young children'' and
inserting ``infants and young children who are abandoned in
hospitals''; and
(B) by inserting ``by parents abusing drugs,'' after
``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive services''
and all that follows through the semicolon at the end and inserting
``comprehensive support services for such infants and young
children and their families and services to prevent the abandonment
of such infants and young children, including foster care services,
case management services, family support services, respite and
crisis intervention services, counseling services, and group
residential home services;'';
(7) by striking paragraph (11);
(8) by redesignating paragraphs (2), (3), (4), (5), (8), (9),
and (10) as paragraphs (1) through (7), respectively; and
(9) by adding at the end the following:
``(8) private, Federal, State, and local resources should be
coordinated to establish and maintain services described in
paragraph (7) and to ensure the optimal use of all such
resources.''.
SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.
Section 101 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Priority in Provision of Services.--The Secretary may not
make a grant under subsection (a) unless the applicant for the grant
agrees to give priority to abandoned infants and young children who--
``(1) are infected with, or have been perinatally exposed to,
the human immunodeficiency virus, or have a life-threatening
illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall, directly
or through contracts with public and nonprofit private entities,
provide for evaluations of projects carried out under section 101 and
for the dissemination of information developed as a result of such
projects.
``(b) Study and Report on Number of Abandoned Infants and Young
Children.--
``(1) In general.--The Secretary shall conduct a study for the
purpose of determining--
``(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found deceased in the
United States and the number of such infants and young children
who are infants and young children described in section 101(b);
``(B) an estimate of the annual number of infants and young
children who are victims of homicide;
``(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments in
providing housing and care for abandoned infants and young
children.
``(2) Deadline.--Not later than 36 months after the date of
enactment of the Keeping Children and Families Safe Act of 2003,
the Secretary shall complete the study required under paragraph (1)
and submit to Congress a report describing the findings made as a
result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an infant or
young child so as to prevent such abandonments, and effective methods
for responding to the needs of abandoned infants and young children.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 104 of the Abandoned Infants Assistance
Act of 1988 (42 U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this Act,
there are authorized to be appropriated $45,000,000 for fiscal year
2004 and such sums as may be necessary for fiscal years 2005
through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 102(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--'' after ``(1)'' the
first place it appears; and
(ii) by striking ``this title'' and inserting ``this
Act''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after ``(2)''; and
(ii) by striking ``fiscal year 1991.'' and inserting
``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
(b) Redesignation.--The Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by redesignating section 104 as section 302; and
(2) by moving that section 302 to the end of that Act.
SEC. 305. DEFINITIONS.
(a) In General.--Section 301 of the Abandoned Infants Assistance
Act of 1988 (42 U.S.C. 670 note) is amended to read as follows:
``SEC. 301. DEFINITIONS.
``In this Act:
``(1) Abandoned; abandonment.--The terms `abandoned' and
`abandonment', used with respect to infants and young children,
mean that the infants and young children are medically cleared for
discharge from acute-care hospital settings, but remain
hospitalized because of a lack of appropriate out-of-hospital
placement alternatives.
``(2) Acquired immune deficiency syndrome.--The term `acquired
immune deficiency syndrome' includes infection with the etiologic
agent for such syndrome, any condition indicating that an
individual is infected with such etiologic agent, and any condition
arising from such etiologic agent.
``(3) Dangerous drug.--The term `dangerous drug' means a
controlled substance, as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(4) Natural family.--The term `natural family' shall be
broadly interpreted to include natural parents, grandparents,
family members, guardians, children residing in the household, and
individuals residing in the household on a continuing basis who are
in a care-giving situation, with respect to infants and young
children covered under this Act.
``(5) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.''.
(b) Repeal.--Section 103 of the Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note) is repealed.
SEC. 306. CONFORMING AMENDMENT.
Section 421(7) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5061(7)) is amended by striking ``infant described in section
103'' and inserting ``infant who is abandoned, as defined in section
301''.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 401. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ``underserved populations,'' and all that follows
and inserting the following: ``underserved populations, as defined in
section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C. 10402(a)) is
amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant under
this title, the State shall submit to the Secretary a report that
contains a description of the activities carried out under paragraph
(2)(B)(i).''.
(c) Children Who Witness Domestic Violence.--Section 303 of such
Act (42 U.S.C. 10402) is amended--
(1) by redesignating subsections (c) through (f) as subsections
(d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) The Secretary shall use funds provided under section
310(a)(2), for a fiscal year described in section 310(a)(2), to award
grants for demonstration programs that provide--
``(1) multisystem interventions and services (either directly
or by referral) for children who witness domestic violence; and
``(2) training (either directly or by referral) for agencies,
providers, and other entities who work with such children.''.
SEC. 402. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under this
title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 403. EVALUATION.
Section 306 of the Family Violence Prevention and Services Act (42
U.S.C. 10405) is amended in the first sentence by striking ``Not later
than two years after the date on which funds are obligated under
section 303(a) for the first time after the date of the enactment of
this title, and every two years thereafter,'' and inserting ``Every 2
years,''.
SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services Act (42
U.S.C. 10407) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) National Resource Center.--The national resource center
established under subsection (a)(2)--
``(1) shall offer resource, policy, collaboration, and training
assistance to Federal, State, and local government agencies, to
domestic violence service providers, and to other professionals and
interested parties on issues pertaining to domestic violence,
including issues relating to children who witness domestic
violence; and
``(2) shall maintain a central resource library in order to
collect, prepare, analyze, and disseminate information and
statistics, and analyses of the information and statistics,
relating to the incidence and prevention of family violence
(particularly the prevention of repeated incidents of violence) and
the provision of immediate shelter and related assistance.''; and
(2) by striking subsection (g).
SEC. 405. RELATED ASSISTANCE.
Section 309(5) of the Family Violence Prevention and Services Act
(42 U.S.C. 10408(5)) is amended by striking the second sentence and
inserting the following: ``The term `related assistance' shall
include--
``(A) prevention services such as outreach and prevention
services for victims and their children, assistance to children
who witness domestic violence, employment training, parenting
and other educational services for victims and their children,
preventive health services within domestic violence programs
(including services promoting nutrition, disease prevention,
exercise, and prevention of substance abuse), domestic violence
prevention programs for school-age children, family violence
public awareness campaigns, and violence prevention counseling
services to abusers;
``(B) counseling with respect to family violence,
counseling or other supportive services provided by peers
individually or in groups, and referral to community social
services;
``(C) transportation, technical assistance with respect to
obtaining financial assistance under Federal and State
programs, and referrals for appropriate health care services
(including alcohol and drug abuse treatment), but shall not
include reimbursement for any health care services;
``(D) legal advocacy to provide victims with information
and assistance through the civil and criminal courts, and legal
assistance; or
``(E) children's counseling and support services, and child
care services for children who are victims of family violence
or the dependents of such victims, and children who witness
domestic violence.''.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be appropriated
to carry out sections 303 through 311, $175,000,000 for each of
fiscal years 2004 through 2008.
``(2) Projects to address needs of children who witness
domestic violence.--For a fiscal year in which the amounts
appropriated under paragraph (1) exceed $130,000,000, the Secretary
shall reserve and make available a portion of the excess to carry
out section 303(c).''.
(b) Allocations for Other Programs.--Subsections (b), (c), and (d)
of section 310 of such Act (42 U.S.C. 10409) are amended by inserting
``(and not reserved under subsection (a)(2))'' after ``each fiscal
year''.
(c) Grants for State Domestic Violence Coalitions.--Section 311(g)
of such Act (42 U.S.C. 10410(g)) is amended to read as follows:
``(g) Funding.--Of the amount appropriated under section 310(a) for
a fiscal year (and not reserved under section 310(a)(2)), not less than
10 percent of such amount shall be made available to award grants under
this section.''.
SEC. 407. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services Act (42
U.S.C. 10410) is amended by striking subsection (h).
SEC. 408. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services Act (42
U.S.C. 10412) is amended by adding at the end the following:
``(c) Of the amount appropriated under section 310(a) for each
fiscal year (and not reserved under section 310(a)(2)), not more than
2.5 percent shall be used by the Secretary for evaluation, monitoring,
and other administrative costs under this title.''.
SEC. 409. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION
PROJECT.
Section 313 of the Family Violence Prevention and Services Act (42
U.S.C. 10413) is repealed.
SEC. 410. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services Act (42
U.S.C. 10415) is repealed.
SEC. 411. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.
Section 316 of the Family Violence Prevention and Services Act (42
U.S.C. 10416) is amended to read as follows:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.
``(a) In General.--The Secretary may award 1 or more grants to
private, nonprofit entities--
``(1) to provide for the establishment and operation of a
national, toll-free telephone hotline to provide information and
assistance to victims of domestic violence; or
``(2) to provide for the establishment and operation of a
highly secure Internet website to provide that information and
assistance to those victims.
``(b) Duration.--A grant under this section may extend over a
period of not more than 5 years.
``(c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Secretary and subject to the availability of appropriations for each
fiscal year to make the payments.
``(d) Hotline Activities.--An entity that receives a grant under
this section for activities described, in whole or in part, in
subsection (a)(1) shall use funds made available through the grant to
establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, the entity shall--
``(1) contract with a carrier for the use of a toll-free
telephone line;
``(2) employ, train, and supervise personnel to answer incoming
calls and provide counseling and referral services to callers on a
24-hour-a-day basis;
``(3) assemble and maintain a current database of information
relating to services for victims of domestic violence to which
callers may be referred throughout the United States, including
information on the availability of shelters that serve battered
women; and
``(4) publicize the hotline to potential users throughout the
United States.
``(e) Secure Website Activities.--
``(1) In general.--An entity that receives a grant under this
section for activities described, in whole or in part, in
subsection (a)(2) shall use funds made available through the grant
to provide grants for startup and operational costs associated with
establishing and operating a highly secure Internet website.
``(2) Availability.--The website shall be available to the
entity operating the hotline and domestic violence shelters.
``(3) Information.--The website shall provide accurate
information that describes--
``(A) the services available to victims of domestic
violence, including health care and mental health services,
social services, transportation, services for children
(including children who witness domestic violence), and other
relevant services; and
``(B) the domestic violence shelters available, and
services provided by the shelters.
``(4) Rule of construction.--Nothing in this Act shall be
construed to require any shelter or service provider, whether
public or private, to be linked to the website or to provide
information to the recipient of the grant described in paragraph
(1) or to the website.
``(f) Application.--The Secretary may not award a grant under this
section unless the Secretary approves an application for such grant. To
be approved by the Secretary under this subsection an application
shall--
``(1) contain such agreements, assurances, and information, be
in such form, and be submitted in such manner, as the Secretary
shall prescribe through notice in the Federal Register;
``(2) in the case of an application for a grant to carry out
activities described in subsection (a)(1), include a complete
description of the applicant's plan for the operation of a national
domestic violence hotline, including descriptions of--
``(A) the training program for hotline personnel;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance, and
updating of a resource database;
``(D) a plan for publicizing the availability of the
hotline;
``(E) a plan for providing service to non-English speaking
callers, including service through hotline personnel who speak
Spanish; and
``(F) a plan for facilitating access to the hotline by
persons with hearing impairments;
``(3) in the case of an application for a grant to carry out
activities described in subsection (a)(2)--
``(A) include a complete description of the applicant's
plan for the development, operation, maintenance, and updating
of information and resources of the website;
``(B) include a certification that the applicant will
implement a high level security system to ensure the
confidentiality of the website, taking into consideration the
safety of domestic violence victims; and
``(C) include an assurance that, after the third year of
the website project, the recipient of the grant will develop a
plan to secure other public or private funding resources to
ensure the continued operation and maintenance of the website;
``(4) demonstrate that the applicant has recognized expertise
in the area of domestic violence and a record of high quality
service to victims of domestic violence, including a demonstration
of support from advocacy groups;
``(5) demonstrate that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial, and
non-English speaking minorities, in addition to older individuals
and individuals with disabilities; and
``(6) contain such other information as the Secretary may
require.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $3,500,000 for each of fiscal years 2004
through 2008.
``(2) Conditions on appropriations.--Notwithstanding paragraph
(1), the Secretary shall make available a portion of the amounts
appropriated under paragraph (1) to award grants under subsection
(a)(2) only for any fiscal year for which the amounts appropriated
under paragraph (1) exceed $3,000,000.
``(3) Availability.--Funds authorized to be appropriated under
paragraph (1) shall remain available until expended.''.
SEC. 412. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417) is repealed.
SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418) is
amended by striking subsection (i).
SEC. 414. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and Services Act
(42 U.S.C. 10419(f)) is amended by striking ``fiscal year 2001'' and
inserting ``each of fiscal years 2003 through 2008''.
SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended--
(1) in section 302(1) (42 U.S.C. 10401(1)) by striking
``demonstrate the effectiveness of assisting'' and inserting
``assist'';
(2) in section 303(a) (42 U.S.C. 10402(a))--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State domestic
violence coalitions knowledgeable individuals and
interested organizations'' and inserting ``State domestic
violence coalitions, knowledgeable individuals, and
interested organizations''; and
(ii) in subparagraph (F), by adding ``and'' at the end;
and
(B) by aligning the margins of paragraph (4) with the
margins of paragraph (3);
(3) in section 303(g) (as so redesignated)--
(A) in the first sentence, by striking ``309(4)'' and
inserting ``320''; and
(B) in the second sentence, by striking ``309(5)(A)'' and
inserting ``320(5)(A)'';
(4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by
striking ``provide for research, and into'' and inserting ``provide
for research into'';
(5) by redesignating section 309 as section 320 and moving that
section to the end of the Act; and
(6) in section 311(a) (42 U.S.C. 10410(a))--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other criminal
justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by
striking ``family law judges,,'' and inserting ``family law
judges,'';
(ii) in subparagraph (D), by inserting ``, criminal
court judges,'' after ``family law judges''; and
(iii) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their
children'' and inserting ``supervised visitations or denial
of visitation to protect against danger to victims or their
children''.
SEC. 416. CONFORMING AMENDMENT TO ANOTHER ACT.
Section 102(42) of the Older Americans Act of 1965 (42 U.S.C.
3002(42)) is amended by striking ``(42 U.S.C. 10408)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.