[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5876 Reported in House (RH)]






                                                 Union Calendar No. 421
110th CONGRESS
  2d Session
                                H. R. 5876

                          [Report No. 110-669]

  To require certain standards and enforcement provisions to prevent 
    child abuse and neglect in residential programs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2008

  Mr. George Miller of California (for himself, Mrs. McCarthy of New 
  York, Mr. Payne, Mr. Hare, Mr. Hinojosa, Mr. Scott of Virginia, Mr. 
   Grijalva, Mr. Davis of Illinois, Mr. Kildee, Ms. Woolsey, and Mr. 
  Kucinich) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

                              May 22, 2008

 Additional sponsors: Mr. Lewis of Georgia, Mr. Cohen, Mr. Sestak, Mr. 
     McDermott, Ms. Hirono, Ms. DeLauro, Mr. Holt, and Mr. Yarmuth

                              May 22, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               23, 2008]

_______________________________________________________________________

                                 A BILL


 
  To require certain standards and enforcement provisions to prevent 
    child abuse and neglect in residential programs, 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.

    This Act may be cited as the ``Stop Child Abuse in Residential 
Programs for Teens Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Children and Families of the 
        Department of Health and Human Services.
            (2) Child.--The term ``child'' means an individual who has 
        not attained the age of 18.
            (3) Child abuse and neglect.--The term ``child abuse and 
        neglect'' has the meaning given such term in section 111 of the 
        Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g).
            (4) Covered program.--
                    (A) In general.--The term ``covered program'' means 
                each location of a program not operated by a 
                governmental entity that, with respect to one or more 
                children who are unrelated to the owner or operator of 
                the program--
                            (i) provides a residential environment, 
                        such as--
                                    (I) a program with a wilderness or 
                                outdoor experience, expedition, or 
                                intervention;
                                    (II) a boot camp experience or 
                                other experience designed to simulate 
                                characteristics of basic military 
                                training or correctional regimes;
                                    (III) a therapeutic boarding 
                                school; or
                                    (IV) a behavioral modification 
                                program; and
                            (ii) operates with a focus on serving 
                        children with--
                                    (I) emotional, behavioral, or 
                                mental health problems or disorders; or
                                    (II) problems with alcohol or 
                                substance abuse.
                    (B) Exclusion.--The term ``covered program'' does 
                not include--
                            (i) a hospital licensed by the State;
                            (ii) a foster family home or group home 
                        that provides 24-hour substitute care for 
                        children place away from their parents or 
                        guardians and for whom the State child welfare 
                        services agency has placement and care 
                        responsibility and that is licensed and 
                        regulated by the State as a foster family home 
                        or group home; or
                            (iii) a psychiatric residential treatment 
                        facility that is certified as meeting the 
                        requirements specified in regulations 
                        promulgated for such facilities under section 
                        1905(h)(1)(A) of the Social Security Act and 
                        that provides psychiatric services for which 
                        medical assistance is available under a State 
                        plan under title XIX of such Act.
            (5) Protection and advocacy system.--The term ``protection 
        and advocacy system'' means a protection and advocacy system 
        established under section 143 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
            (6) State.--The term ``State'' has the meaning given such 
        term in section 111 of the Child Abuse Prevention and Treatment 
        Act.

SEC. 3. STANDARDS AND ENFORCEMENT.

    (a) Minimum Standards.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Assistant Secretary for Children 
        and Families of the Department of Health and Human Services 
        shall require each location of a covered program that 
        individually or together with other locations has an effect on 
        interstate commerce, in order to provide for the basic health 
        and safety of children at such a program, to meet the following 
        minimum standards:
                    (A) Child abuse and neglect shall be prohibited.
                    (B) Disciplinary techniques or other practices that 
                involve the withholding of essential food, water, 
                clothing, shelter, or medical care necessary to 
                maintain physical health, mental health, and general 
                safety, shall be prohibited.
                    (C) The protection and promotion of the right of 
                each child at such a program to be free from physical 
                and mechanical restraints and seclusion (as such terms 
                are defined in section 595 of the Public Health Service 
                Act (42 U.S.C. 290jj)) to the same extent and in the 
                same manner as a non-medical, community-based facility 
                for children and youth is required to protect and 
                promote the right of its residents to be free from such 
                restraints and seclusion under such section 595, 
                including the prohibitions and limitations described in 
                subsection (b)(3) of such section.
                    (D) Acts of physical or mental abuse designed to 
                humiliate, degrade, or undermine a child's self-respect 
                shall be prohibited.
                    (E) Each child at such a program shall have 
                reasonable access to a telephone, and be informed of 
                their right to such access, for making and receiving 
                phone calls with as much privacy as possible, and shall 
                have access to the appropriate State or local child 
                abuse reporting hotline number, and the national 
                hotline number referred to in subsection (c)(2).
                    (F) Each staff member, including volunteers, at 
                such a program shall be required, as a condition of 
                employment, to become familiar with what constitutes 
                child abuse and neglect, as defined by State law.
                    (G) Each staff member, including volunteers, at 
                such a program shall be required, as a condition of 
                employment, to become familiar with the requirements, 
                including with State law relating to mandated 
                reporters, and procedures for reporting child abuse and 
                neglect in the State in which such a program is 
                located.
                    (H) Full disclosure, in writing, of staff 
                qualifications and their roles and responsibilities at 
                such program, including medical, emergency response, 
                and mental health training, to parents or legal 
                guardians of children at such a program, including 
                providing information on any staff changes, including 
                changes to any staff member's qualifications, roles, or 
                responsibilities, not later than 10 days after such 
                changes occur.
                    (I) Each staff member at a covered program 
                described in subclause (I) or (II) of section 
                2(4)(A)(i) shall be required, as a condition of 
                employment, to be familiar with the signs, symptoms, 
                and appropriate responses associated with heatstroke, 
                dehydration, and hypothermia.
                    (J) Each staff member, including volunteers, shall 
                be required, as a condition of employment, to submit to 
                a criminal history check, including a name-based search 
                of the National Sex Offender Registry established 
                pursuant to the Adam Walsh Child Protection and Safety 
                Act of 2006 (Public Law 109-248; 42 U.S.C. 16901 et 
                seq.), a search of the State criminal registry or 
                repository in the State in which the covered program is 
                operating, and a Federal Bureau of Investigation 
                fingerprint check. An individual shall be ineligible to 
                serve in a position with any contact with children at a 
                covered program if any such record check reveals a 
                felony conviction for child abuse or neglect, spousal 
                abuse, a crime against children (including child 
                pornography), or a crime involving violence, including 
                rape, sexual assault, or homicide, but not including 
                other physical assault or battery.
                    (K) Policies and procedures for the provision of 
                emergency medical care, including policies for staff 
                protocols for implementing emergency responses.
                    (L) All promotional and informational materials 
                produced by such a program shall include a hyperlink to 
                or the URL address of the website created by the 
                Assistant Secretary pursuant to subsection (c)(1)(A).
                    (M) Policies to require parents or legal guardians 
                of a child attending such a program--
                            (i) to notify, in writing, such program of 
                        any medication the child is taking;
                            (ii) to be notified within 24 hours of any 
                        changes to the child's medical treatment and 
                        the reason for such change; and
                            (iii) to be notified within 24 hours of any 
                        missed dosage of prescribed medication.
                    (N) Procedures for notifying parents or legal 
                guardians with children at such a program of any--
                            (i) on-site investigation of a report of 
                        child abuse and neglect;
                            (ii) violation of the health and safety 
                        standards described in this paragraph; and
                            (iii) violation of State licensing 
                        standards developed pursuant to section 
                        114(b)(1) of the Child Abuse Prevention and 
                        Treatment Act, as added by section 8 of this 
                        Act.
                    (O) Other standards the Assistant Secretary 
                determines appropriate to provide for the basic health 
                and safety of children at such a program.
            (2) Regulations.--
                    (A) Interim regulations.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Assistant Secretary shall promulgate and enforce 
                interim regulations to carry out paragraph (1).
                    (B) Public comment.--The Assistant Secretary shall, 
                for a 90-day period beginning on the date of the 
                promulgation of interim regulations under subparagraph 
                (A) of this paragraph, solicit and accept public 
                comment concerning such regulations. Such public 
                comment shall be submitted in written form.
                    (C) Final regulations.--Not later than 90 days 
                after the conclusion of the 90-day period referred to 
                in subparagraph (B) of this paragraph, the Assistant 
                Secretary shall promulgate and enforce final 
                regulations to carry out paragraph (1).
    (b) Monitoring and Enforcement.--
            (1) Inspections.--The Assistant Secretary shall establish a 
        process for conducting unannounced site inspections of each 
        location of a covered program to determine compliance with the 
        standards required under subsection (a)(1). Such inspections 
        shall--
                    (A) begin not later than the date on which the 
                Assistant Secretary promulgates interim regulations 
                under subsection (a)(2)(A); and
                    (B) be conducted at each location of each covered 
                program not less often than once every two years, until 
                such time as the Assistant Secretary has determined a 
                State has appropriate health and safety licensing 
                requirements, monitoring, and enforcement of covered 
                programs in such State, as determined in accordance 
                with section 114(c) of the Child Abuse Prevention and 
                Treatment Act, as added by section 8 of this Act.
            (2) On-going review process.--Not later than 180 days after 
        the date of the enactment of this Act, the Assistant Secretary 
        shall implement an on-going review process for investigating 
        and evaluating reports of child abuse and neglect at covered 
        programs received by the Assistant Secretary from the 
        appropriate State, in accordance with section 114(b)(3) of the 
        Child Abuse Prevention and Treatment Act, as added by section 8 
        of this Act. Such review process shall--
                    (A) include an investigation to determine if a 
                violation of the standards required under subsection 
                (a)(1) has occurred;
                    (B) include an assessment of the State's 
                performance with respect to appropriateness of response 
                to and investigation of reports of child abuse and 
                neglect at covered programs and appropriateness of 
                legal action against responsible parties in such cases;
                    (C) be completed not later than 60 days after 
                receipt by the Assistant Secretary of such a report;
                    (D) not interfere with an investigation by the 
                State or a subdivision thereof; and
                    (E) be implemented in each State in which a covered 
                program operates until such time as each such State has 
                satisfied the requirements under section 114(c) of the 
                Child Abuse Prevention and Treatment Act, as added by 
                section 8 of this Act, as determined by the Assistant 
                Secretary, or two years has elapsed from the date that 
                such review process is implemented, whichever is later.
            (3) Civil penalties.--Not later than 180 days after the 
        date of the enactment of this Act, the Assistant Secretary 
        shall promulgate regulations establishing civil penalties for 
        violations of the standards required under subsection (a)(1). 
        The regulations establishing such penalties shall incorporate 
        the following:
                    (A) Any owner or operator of a covered program at 
                which the Assistant Secretary has found a violation of 
                the standards required under subsection (a)(1) may be 
                assessed a civil penalty not to exceed $50,000 per 
                violation.
                    (B) All penalties collected under this subsection 
                shall be deposited in the appropriate account of the 
                Treasury of the United States.
    (c) Dissemination of Information.--The Assistant Secretary shall 
establish, maintain, and disseminate information about the following:
            (1) Websites made available to the public that contains, at 
        a minimum, the following:
                    (A) The name and each location of each covered 
                program, and the name of each owner and operator of 
                each such program, operating in each State, and 
                information regarding--
                            (i) each such program's history of 
                        violations of--
                                    (I) regulations promulgated 
                                pursuant to subsection (a); and
                                    (II) section 114(b)(1) of the Child 
                                Abuse Prevention and Treatment Act, as 
                                added by section 8 of this Act;
                            (ii) each such program's current status 
                        with the State licensing requirements under 
                        section 114(b)(1) of the Child Abuse Prevention 
                        and Treatment Act, as added by section 8 of 
                        this Act;
                            (iii) any deaths that occurred to a child 
                        while under the care of such a program, 
                        including any such deaths that occurred in the 
                        five year period immediately preceding the date 
                        of the enactment of this Act;
                            (iv) owners or operators of a covered 
                        program that was found to be in violation of 
                        the standards required under subsection (a)(1), 
                        or a violation of the licensing standards 
                        developed pursuant to section 114(b)(1) of the 
                        Child Abuse Prevention and Treatment Act, as 
                        added by section 8 of this Act, and who 
                        subsequently own or operate another covered 
                        program; and
                            (v) any penalties levied under subsection 
                        (b)(3), any judgments or orders issued by a 
                        court pursuant to section 5, and any other 
                        penalties levied by the State, against each 
                        such program.
                    (B) Information on best practices for helping 
                adolescents with mental health disorders, conditions, 
                behavioral challenges, or alcohol or substance abuse, 
                including information to help families access effective 
                resources in their communities.
            (2) A national toll-free telephone hotline to receive 
        complaints of child abuse and neglect at covered programs and 
        violations of the standards required under subsection (a)(1).
    (d) Action.--The Assistant Secretary shall establish a process to--
            (1) ensure complaints of child abuse and neglect received 
        by the hotline established pursuant to subsection (c)(2) are 
        promptly reviewed by persons with expertise in evaluating such 
        types of complaints;
            (2) immediately notify the State, appropriate local law 
        enforcement, and the appropriate protection and advocacy system 
        of any credible complaint of child abuse and neglect at a 
        covered program received by the hotline;
            (3) investigate any such credible complaint not later than 
        30 days after receiving such complaint to determine if a 
        violation of the standards required under subsection (a)(1) has 
        occurred; and
            (4) ensure the collaboration and cooperation of the hotline 
        established pursuant to subsection (c)(2) with other 
        appropriate National, State, and regional hotlines, and, as 
        appropriate and practicable, with other hotlines that might 
        receive calls about child abuse and neglect at covered 
        programs.

SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.

    If the Assistant Secretary determines that a violation of 
subsection (a)(1) of section 3 has not been remedied through the 
enforcement process described in subsection (b)(3) of such section, the 
Assistant Secretary shall refer such violation to the Attorney General 
for appropriate action. Regardless of whether such a referral has been 
made, the Attorney General may, sua sponte, file a complaint in any 
court of competent jurisdiction seeking equitable relief or any other 
relief authorized by this Act for such violation.

SEC. 5. PRIVATE RIGHT OF ACTION.

    (a) Maintenance of Action.--Any person suffering an injury-in-fact 
traceable to a violation of a regulation promulgated pursuant to 
section 3(a) may bring suit or a claim demanding relief.
    (b) Relief.--A court hearing a claim or suit under subsection (a) 
may order any appropriate equitable remedy and award damages, including 
punitive damages and reasonable attorneys' fees, for a violation of a 
regulation promulgated pursuant to section 3(a).
    (c) Limitation.--The provisions of section 7 of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e) shall not apply to any 
action brought under this Act.

SEC. 6. REPORT.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter, the Secretary of Health and Human Services, in 
coordination with the Attorney General shall submit to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate, a report on 
the activities carried out by the Assistant Secretary and the Attorney 
General under this Act, including--
            (1) a description of the number and types of covered 
        programs inspected by the Assistant Secretary pursuant to 
        section 3(b)(1);
            (2) a description of types of violations of health and 
        safety standards found by the Assistant Secretary and any 
        penalties assessed;
            (3) a summary of findings from on-going reviews conducted 
        by the Assistant Secretary pursuant to section 3(b)(2);
            (4) a summary of State progress in meeting the requirements 
        of this Act, including the requirements under section 114 of 
        the Child Abuse Prevention and Treatment Act, as added by 
        section 8 of this Act; and
            (5) a summary of the Secretary's oversight activities and 
        findings conducted pursuant to subsection (d) of such section 
        114.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Health 
and Human Services $50,000,000 for each of fiscal years 2009 through 
2013 to carry out this Act (excluding the amendment made by section 8 
of this Act).

SEC. 8. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO 
              PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.

    (a) In General.--Title I of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end 
the following new section:

``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO 
              PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Child.--The term `child' means an individual who has 
        not attained the age of 18.
            ``(2) Covered program.--
                    ``(A) In general.--The term `covered program' means 
                each location of a program operated by a public or 
                private entity that, with respect to one or more 
                children who are unrelated to the owner or operator of 
                the program--
                            ``(i) provides a residential environment, 
                        such as--
                                    ``(I) a program with a wilderness 
                                or outdoor experience, expedition, or 
                                intervention;
                                    ``(II) a boot camp experience or 
                                other experience designed to simulate 
                                characteristics of basic military 
                                training or correctional regimes;
                                    ``(III) a therapeutic boarding 
                                school; or
                                    ``(IV) a behavioral modification 
                                program; and
                            ``(ii) operates with a focus on serving 
                        children with--
                                    ``(I) emotional, behavioral, or 
                                mental health problems or disorders; or
                                    ``(II) problems with alcohol or 
                                substance abuse.
                    ``(B) Exclusion.--The term `covered program' does 
                not include--
                            ``(i) a hospital licensed by the State;
                            ``(ii) a foster family home or group home 
                        that provides 24-hour substitute care for 
                        children place away from their parents or 
                        guardians and for whom the State child welfare 
                        services agency has placement and care 
                        responsibility and that is licensed and 
                        regulated by the State as a foster family home 
                        or group home; or
                            ``(iii) a psychiatric residential treatment 
                        facility that is certified as meeting the 
                        requirements specified in regulations 
                        promulgated for such facilities under section 
                        1905(h)(1)(A) of the Social Security Act and 
                        that provides psychiatric services for which 
                        medical assistance is available under a State 
                        plan under title XIX of such Act.
            ``(3) Protection and advocacy system.--The term `protection 
        and advocacy system' means a protection and advocacy system 
        established under section 143 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
    ``(b) Eligibility Requirements.--To be eligible to receive a grant 
under section 106, a State shall--
            ``(1) not later than three years after the date of the 
        enactment of this section, develop policies and procedures to 
        prevent child abuse and neglect at covered programs operating 
        in such State, including having in effect health and safety 
        licensing requirements applicable to and necessary for the 
        operation of each location of such covered programs that 
        include, at a minimum--
                    ``(A) standards that meet or exceed the standards 
                required under section 3(a)(1) of the Stop Child Abuse 
                in Residential Programs for Teens Act of 2008;
                    ``(B) the provision of essential food, water, 
                clothing, shelter, and medical care necessary to 
                maintain physical health, mental health, and general 
                safety of children at such programs;
                    ``(C) policies for emergency medical care 
                preparedness and response, including minimum staff 
                training and qualifications for such responses; and
                    ``(D) notification to appropriate staff at covered 
                programs if their position of employment meets the 
                definition of mandated reporter, as defined by the 
                State;
            ``(2) develop policies and procedures to monitor and 
        enforce compliance with the licensing requirements developed in 
        accordance with paragraph (1), including--
                    ``(A) designating an agency to be responsible, in 
                collaboration and consultation with State agencies 
                providing human services (including child protective 
                services, and services to children with emotional, 
                psychological, developmental, or behavioral 
                dysfunctions, impairments, disorders, or alcohol or 
                substance abuse), State law enforcement officials, the 
                appropriate protection and advocacy system, and courts 
                of competent jurisdiction, for monitoring and enforcing 
                such compliance;
                    ``(B) a State licensing application process through 
                which any individual seeking to operate a covered 
                program would be required to disclose all previous 
                substantiated reports of child abuse and neglect and 
                all child deaths at any businesses previously or 
                currently owned or operated by such individual, except 
                that such reports shall not contain any personally 
                identifiable information relating to the identity of 
                individuals who were the victims of such child abuse 
                and neglect;
                    ``(C) conducting unannounced site inspections not 
                less often than once every two years at each location 
                of a covered program;
                    ``(D) creating a database, to be integrated with 
                the annual State data reports required under section 
                106(d), of reports of child abuse and neglect at 
                covered programs operating in the State, except that 
                such reports shall not contain any personally 
                identifiable information relating to the identity of 
                individuals who were the victims of such child abuse 
                and neglect; and
                    ``(E) implementing a policy of graduated sanctions, 
                including fines and suspension and revocation of 
                licences, against covered programs operating in the 
                State that are out of compliance with such health and 
                safety licensing requirements;
            ``(3) if the State is not yet satisfying the requirements 
        of this subsection, in accordance with a determination made 
        pursuant to subsection (c), develop policies and procedures for 
        notifying the Secretary and the appropriate protection and 
        advocacy system of any report of child abuse and neglect at a 
        covered program operating in the State not later than 30 days 
        after the appropriate State entity, or subdivision thereof, 
        determines such report should be investigated and not later 
        than 48 hours in the event of a fatality;
            ``(4) if the Secretary determines that the State is 
        satisfying the requirements of this subsection, in accordance 
        with a determination made pursuant to subsection (c), develop 
        policies and procedures for notifying the Secretary if--
                    ``(A) the State determines there is evidence of a 
                pattern of violations of the standards required under 
                paragraph (1) at a covered program operating in the 
                State or by an owner or operator of such a program; or
                    ``(B) there is a child fatality at a covered 
                program operating in the State;
            ``(5) develop policies and procedures for establishing and 
        maintaining a publicly available database of all covered 
        programs operating in the State, including the name and each 
        location of each such program and the name of the owner and 
        operator of each such program, information on reports of child 
        abuse and neglect at such programs (except that such reports 
        shall not contain any personally identifiable information 
        relating to the identity of individuals who were the victims of 
        such child abuse and neglect), violations of standards required 
        under paragraph (1), and all penalties levied against such 
        programs;
            ``(6) annually submit to the Secretary a report that 
        includes--
                    ``(A) the name and each location of all covered 
                programs, including the names of the owners and 
                operators of such programs, operating in the State, and 
                any violations of State licensing requirements 
                developed pursuant to subsection (b)(1); and
                    ``(B) a description of State activities to monitor 
                and enforce such State licensing requirements, 
                including the names of owners and operators of each 
                covered program that underwent a site inspection by the 
                State, and a summary of the results and any actions 
                taken; and
            ``(7) if the Secretary determines that the State is 
        satisfying the requirements of this subsection, in accordance 
        with a determination made pursuant to subsection (c), develop 
        and policies and procedures to report to the appropriate 
        protection and advocacy system any case of the death of an 
        individual under the control or supervision of a covered 
        program not later than 48 hours after the State is informed of 
        such death.
    ``(c) Secretarial Determination.--The Secretary shall not determine 
that a State's licensing requirements, monitoring, and enforcement of 
covered programs operating in the State satisfy the requirements of 
this subsection (b) unless--
            ``(1) the State implements licensing requirements for such 
        covered programs that meet or exceed the standards required 
        under subsection (b)(1);
            ``(2) the State designates an agency to be responsible for 
        monitoring and enforcing compliance with such licensing 
        requirements;
            ``(3) the State conducts unannounced site inspections of 
        each location of such covered programs not less often than once 
        every two years;
            ``(4) the State creates a database of such covered 
        programs, to include information on reports of child abuse and 
        neglect at such programs (except that such reports shall not 
        contain any personally identifiable information relating to the 
        identity of individuals who were the victims of such child 
        abuse and neglect);
            ``(5) the State implements a policy of graduated sanctions, 
        including fines and suspension and revocation of licenses 
        against such covered programs that are out of compliance with 
        the health and safety licensing requirements under subsection 
        (b)(1); and
            ``(6) after a review of assessments conducted under section 
        3(b)(2)(B) of the Stop Child Abuse in Residential Programs for 
        Teens Act of 2008, the Secretary determines the State is 
        appropriately investigating and responding to allegations of 
        child abuse and neglect at such covered programs.
    ``(d) Oversight.--
            ``(1) In general.--Beginning two years after the date of 
        the enactment of the Stop Child Abuse in Residential Programs 
        for Teens Act of 2008, the Secretary shall implement a process 
        for continued monitoring of each State that is determined to be 
        satisfying the licensing, monitoring, and enforcement 
        requirements of subsection (b), in accordance with a 
        determination made pursuant to subsection (c), with respect to 
        the performance of each such State regarding--
                    ``(A) preventing child abuse and neglect at covered 
                programs operating in each such State; and
                    ``(B) enforcing the licensing standards described 
                in subsection (b)(1).
            ``(2) Evaluations.--The process required under paragraph 
        (1) shall include in each State, at a minimum--
                    ``(A) an investigation not later than 60 days after 
                receipt by the Secretary of a report from a State, or a 
                subdivision thereof, of child abuse and neglect at a 
                covered program operating in the State, and submission 
                of findings to appropriate law enforcement or other 
                local entity where necessary, if the report indicates--
                            ``(i) a child fatality at such program; or
                            ``(ii) there is evidence of a pattern of 
                        violations of the standards required under 
                        subsection (b)(1) at such program or by an 
                        owner or operator of such program;
                    ``(B) annually, a random sample of review of cases 
                of reports of child abuse and neglect investigated at 
                covered programs operating in the State to assess the 
                State's performance with respect to the appropriateness 
                of response to and investigation of reports of child 
                abuse and neglect at covered programs and the 
                appropriateness of legal actions taken against 
                responsible parties in such cases; and
                    ``(C) unannounced site inspections of covered 
                programs operating in the State to monitor compliance 
                with the standards required under section 3(a) of the 
                Stop Child Abuse in Residential Programs for Teens Act 
                of 2008.
            ``(3) Enforcement.--If the Secretary determines, pursuant 
        to an evaluation under this subsection, that a State is not 
        adequately implementing, monitoring, and enforcing the 
        licensing requirements of subsection (b)(1), the Secretary 
        shall require, for a period of not less than one year, that--
                    ``(A) the State shall inform the Secretary of each 
                instance there is a report to be investigated of child 
                abuse and neglect at a covered program operating in the 
                State; and
                    ``(B) the Secretary and the appropriate local 
                agency shall jointly investigate such report.''.
    (b) Authorization of Appropriations.--Section 112(a)(1) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is 
amended by inserting before the period at the end the following: ``, 
and $200,000,000 for each of fiscal years 2009 through 2013''.
    (c) Conforming Amendments.--
            (1) Coordination with available resources.--Section 
        103(c)(1)(D) of the Child Abuse Prevention and Treatment Act 
        (42 U.S.C. 5104(c)(1)(D)) is amended by inserting after 
        ``specific'' the following: ``(including reports of child abuse 
        and neglect occurring at covered programs (except that such 
        reports shall not contain any personally identifiable 
        information relating to the identity of individuals who were 
        the victims of such child abuse and neglect), as such term is 
        defined in section 114)''.
            (2) Further requirement.--Section 106(b)(1) of the Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is 
        amended by adding at the end the following new subparagraph:
                    ``(C) Further requirement.--To be eligible to 
                receive a grant under this section, a State shall 
                comply with the requirements under section 114(b) and 
                shall include in the State plan submitted pursuant to 
                subparagraph (A) a description of the activities the 
                State will carry out to comply with the requirements 
                under such section 114(b).''.
            (3) Annual state data reports.--Section 106(d) of the Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
        amended--
                    (A) in paragraph (1), by inserting before the 
                period at the end the following: ``(including reports 
                of child abuse and neglect occurring at covered 
                programs (except that such reports shall not contain 
                any personally identifiable information relating to the 
                identity of individuals who were the victims of such 
                child abuse and neglect), as such term is defined in 
                section 114)''; and
                    (B) in paragraph (6), by inserting before the 
                period at the end the following: ``or who were in the 
                care of a covered program, as such term is defined in 
                section 114''.
    (d) Clerical Amendment.--Section 1(b) of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after 
the item relating to section 113 the following new item:

``Sec. 114. Additional eligibility requirements for grants to States to 
                            prevent child abuse and neglect at 
                            residential programs.''.
                                                 Union Calendar No. 421

110th CONGRESS

  2d Session

                               H. R. 5876

                          [Report No. 110-669]

_______________________________________________________________________

                                 A BILL

  To require certain standards and enforcement provisions to prevent 
    child abuse and neglect in residential programs, and for other 
                               purposes.

_______________________________________________________________________

                              May 22, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed