[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 342
_______________________________________________________________________
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. Miscellaneous requirements relating to assistance.
Sec. 116. Authorization of appropriations.
Sec. 117. 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.
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. Authorization of appropriations.
Sec. 406. Grants for State domestic violence coalitions.
Sec. 407. Evaluation and monitoring.
Sec. 408. Family member abuse information and documentation project.
Sec. 409. Model State leadership grants.
Sec. 410. National domestic violence hotline grant.
Sec. 411. Youth education and domestic violence.
Sec. 412. National domestic violence shelter network.
Sec. 413. Demonstration grants for community initiatives.
Sec. 414. Transitional housing assistance.
Sec. 415. Technical and conforming amendments.
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 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19 percent suffered physical abuse, 10
percent suffered sexual abuse, and 8 percent suffered emotional
maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 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 44 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;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate protection
or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000, as
a result of an investigation or assessment conducted by the
child protective services agency, received no services;'';
(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 effective and research-
based risk and safety assessment tools relating to child abuse
and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve effective and
research-based innovative training for mandated child abuse and
neglect reporters.
``(5) Comprehensive adolescent victim/victimizer prevention
programs.--The Secretary may award grants to organizations that
demonstrate innovation in preventing child sexual abuse through
school-based programs in partnership with parents and
community-based organizations to establish a network of
trainers who will work with schools to implement the program.
The program shall be comprehensive, meet State guidelines for
health education, and should reduce child sexual abuse by
focusing on prevention for both adolescent victims and
victimizers.''.
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 effective and research-based methods
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 paragraph (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) Kinship
care.--'' 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 effective and research-
based practices 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 effective and research-
based training protocols 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;
``(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; and
``(xxi) 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.''.
(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 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. 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) GAO Study.--Not later than February 1, 2004, the Comptroller
General of the United States shall conduct a survey of a wide range of
State and local child protection service systems to evaluate and submit
to Congress a report concerning--
``(1) the current training (including cross-training in
domestic violence or substance abuse) of child protective
service workers in the outcomes for children and to analyze and
evaluate the effects of caseloads, compensation, and
supervision on staff retention and performance;
``(2) the efficiencies and effectiveness of agencies that
provide cross-training with court personnel; and
``(3) recommendations to strengthen child protective
service effectiveness to improve outcomes for children.
``(e) 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.
``(f) Annual Report on Certain Programs.--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
105(a)(4)(B).''.
SEC. 116. 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. 117. 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, in consultation with the Comptroller General,
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.
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) For a fiscal year described in section 310(a)(2), the
Secretary shall use funds made available under that section to make
grants, on a competitive basis, to eligible entities for projects
designed to address the needs of children who witness domestic
violence, to--
``(1) provide direct services for children who witness
domestic violence;
``(2) provide for training for and collaboration among
child welfare agencies, domestic violence victim service
providers, courts, law enforcement, and other entities; and
``(3) provide for multisystem interventions for children
who witness domestic violence.''.
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 by striking subsection (g).
SEC. 405. 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 $150,000,000, the
Secretary shall reserve and make available 50 percent 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. 406. 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. 407. 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. 408. 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. 409. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services Act (42
U.S.C. 10415) is repealed.
SEC. 410. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence Prevention and
Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the
Secretary a report that evaluates the effectiveness of
the use of amounts received under the grant for the
period described in paragraph (1) and contains any
other information the Secretary may prescribe; and
``(B) the report and other appropriate criteria
indicate that the entity is successfully operating the
hotline in accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of such Act
(42 U.S.C. 10416(f)) is repealed.
SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417) is repealed.
SEC. 412. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.
The Family Violence Prevention and Services Act is amended by
inserting after section 316 (42 U.S.C. 10416) the following:
``SEC. 317. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.
``(a) In General.--For a year in which the Secretary makes an
amount available under subsection (g)(2), the Secretary shall award a
grant to a nonprofit organization to establish and operate a highly
secure Internet website (referred to in this section as the `website')
that shall--
``(1) link, to the greatest extent possible, entities
consisting of the entity providing the national domestic
violence hotline, participating domestic violence shelters in
the United States, State and local domestic violence agencies,
and other domestic violence organization, so that such entities
will be able to connect a victim of domestic violence to the
most safe, appropriate, and convenient domestic violence
shelter; and
``(2) contain, to the maximum extent practicable,
continuously updated information concerning the availability of
services and space in domestic violence shelters across the
United States.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require. The application shall--
``(1) demonstrate the experience of the applicant in
successfully developing and managing a technology-based network
of domestic violence shelters;
``(2) demonstrate a record of success of the applicant in
meeting the needs of domestic violence victims and their
families; and
``(3) include a certification that the applicant will--
``(A) implement a high level security system to
ensure the confidentiality of the website;
``(B) establish, within 5 years, a website that
links the entities described in subsection (a)(1);
``(C) consult with the entities described in
subsection (a)(1) in developing and implementing the
website and providing Internet connections; and
``(D) otherwise comply with the requirements of
this section.
``(c) Use of Grant Award.--The recipient of a grant award under
this section shall--
``(1) collaborate with officials of the Department of
Health and Human Services in a manner determined to be
appropriate by the Secretary;
``(2) collaborate with the entity providing the national
domestic violence hotline in developing and implementing the
network;
``(3) ensure that the website is continuously updated and
highly secure;
``(4) ensure that the website provides information
describing the services of each domestic violence shelter to
which the website is linked, including information for
individuals with limited English proficiency and information
concerning access to medical care, social services,
transportation, services for children, and other relevant
services;
``(5) ensure that the website provides up-to-the-minute
information on available bed space in domestic violence
shelters across the United States, to the maximum extent
practicable;
``(6) provide training to the staff of the hotline and to
staff of the other entities described in subsection (a)(1)
regarding how to use the website to best meet the needs of
callers;
``(7) provide Internet access, and hardware in necessary
cases, to domestic violence shelters in the United States that
do not have the appropriate technology for such access, to the
maximum extent practicable; and
``(8) ensure that after the third year of the website
project, the recipient will develop a plan to expand the
sources of funding for the website to include funding from
public and private entities, although nothing in this paragraph
shall preclude a grant recipient under this section from
raising funds from other sources at any time during the 5-year
grant period.
``(d) 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 award or to the website.
``(e) Duration of Grant.--The term of a grant awarded under this
section shall be 5 years.
``(f) Technical Assistance and Oversight.--The Secretary shall--
``(1) provide technical assistance, if requested, on
developing and managing the website; and
``(2) have access to, and monitor, the website.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out section 316 and this section, $5,000,000 for
fiscal year 2004 and such sums as may be necessary for each of
fiscal years 2005 through 2008.
``(2) Conditions on appropriations.--Notwithstanding
paragraph (1), the Secretary shall make available a portion of
the amounts appropriated under paragraph (1) to carry out this
section only for any fiscal year for which the amounts
appropriated under paragraph (1) exceed $3,000,000.
``(3) Administrative costs.--Of the amount made available
to carry out this section for a fiscal year the Secretary may
not use more than 2 percent for administrative costs associated
with the grant program carried out under this section, of which
not more than 5 percent shall be used to assist the entity
providing the national domestic violence hotline to participate
in the establishment of the website.
``(4) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
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 2004 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''.
Passed the Senate March 19, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 342
_______________________________________________________________________
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.