II 109th CONGRESS 1st Session S. 1940 IN THE SENATE OF THE UNITED STATES October 31, 2005 Mr. Kyl introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To create a national register of cases of child abuse or neglect.

1.

Short title

This Act may be cited as the Childhelp National Registry Act.

2.

National register of cases of child abuse or neglect

(a)

In General

The Attorney General, in consultation with the Secretary of Health and Human Services, shall create a national register of cases of child abuse or neglect. (b)

Information

(1)

Collection

The information in the register described in subsection (a) shall be supplied by States and Indian tribes, or, at the option of a State, by political subdivisions of such State, to the Secretary of Health and Human Services. (2)

Type of information

The register described in subsection (a) shall collect in a central electronic database information on children reported to a State, Indian tribe, or political subdivision of a State as abused or neglected. (c)

Scope of Information

(1)

In general

(A)

Treatment of reports

The information to be provided to the Secretary of Health and Human Services under this Act shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State and Indian tribe, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Secretary of Health and Human Services under this Act shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded. (B)

Exception

If a State, Indian tribe, or political subdivision of a State has an electronic register of cases of child abuse or neglect equivalent to the register established under this Act that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Secretary of Health and Human Services under this Act shall be coextensive with that in such register. (2)

Form

Information provided to the Secretary of Health and Human Services under this Act— (A)shall be in a standardized electronic form determined by the Secretary of Health and Human Services; and (B)shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained. (d)

Construction

This Act shall not be construed to require a State, Indian tribe, or political subdivision of a State to modify— (1)an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2)any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded. (e)

Dissemination

The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the parents or guardians of the child while also ensuring that Federal, local, and tribal government entities have access to such information in order to carry out their responsibilities under the law to protect children from abuse and neglect. (f)

Authorization of Appropriations

There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and succeeding fiscal years.