[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 627 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 627
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
improve the health and well-being of maltreated infants and toddlers
through the creation of a National Court Teams Resource Center, to
assist local Court Teams, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2007
Mr. Harkin (for himself, Mr. Smith, Mr. Specter, and Mr. Martinez)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
improve the health and well-being of maltreated infants and toddlers
through the creation of a National Court Teams Resource Center, to
assist local Court Teams, 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 ``Safe Babies Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children three years of age and younger have the
highest rates of victimization. Infants and toddlers are twice
as likely as all other children to become victims of child
maltreatment. Children ages three and younger are also 32
percent more likely to be placed in foster care than children
ages four to eleven. Once placed in foster care, children three
years of age and younger are more likely than older children to
be abused and neglected, and they tend to stay in foster care
longer than older children.
(2) Infants and toddlers are the most vulnerable to the
effects of maltreatment. Research shows that young children who
have experienced physical abuse have lower social competence,
show less empathy for others, and have difficulty recognizing
others' emotions. They are also more likely than children who
have not been maltreated to have deficits in IQ scores,
language ability, and school performance.
(3) Research shows that the human brain has achieved 80 to
85 percent of its adult size by the age of three. During those
early years, the brain is developing the vast majority of its
basic capacity, the development of which can determine future
achievement or failure. Therefore, infants and toddlers in
foster care are spending the most critical developmental period
in situations that may be detrimental to healthy growth and
development.
(4) Children under the age of four account for 81 percent
of child fatalities, and children under the age of one account
for 45 percent of such fatalities.
(5) Child welfare systems are not meeting the needs of the
children who rely on public intervention to protect them. In
the Child and Family Service Reviews for fiscal years 2003 and
2004, the Administration for Children and Families revealed
that, of 19 States studied for performance on Child and Family
Services Review indicators, none of the States achieved all of
the specified outcomes, and all of the States failed to meet
the outcome related to the provision of physical and mental
health services to children in foster care.
(6) Judges can be powerful catalysts for change in the way
communities address the needs of maltreated infants and
toddlers. A groundbreaking project in the Juvenile Division of
the Eleventh Judicial Circuit of Florida has combined the
leadership of a family court judge with expertise in early
childhood development. This ground breaking collaboration is
ensuring that infants and toddlers receive the services they
need. Mental health and parenting intervention services are
provided for parents and children together. Initial results are
promising in terms of eliminating further abuse and neglect and
promoting safety and well-being through timely permanent
placements.
SEC. 3. COURT TEAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following new part:
``PART F--COURT TEAMS
``SEC. 271. COURT TEAMS PROGRAM AUTHORIZED.
``(a) Grant Authorized.--The Administrator shall award a grant to a
national early childhood development organization to--
``(1) establish a National Court Teams Resource Center to--
``(A) promote the well-being of maltreated infants
and toddlers and their families (including the special
problems created by substance abuse, particularly
methamphetamine abuse);
``(B) help prevent the recurrence of abuse and
neglect of children; and
``(C) promote timely reunification of families or
other successful permanency outcomes for maltreated
infants and toddlers in foster care; and
``(2) select, and provide assistance to, local Court Teams
created to achieve the goals described in paragraph (1).
``(b) Grant Duration.--The grant awarded under this part shall be
for a period of 5 years, and shall be renewable at the discretion of
the Administrator.
``SEC. 272. ELIGIBILITY; APPLICATION; SELECTION OF GRANTEE.
``(a) Eligibility.--To be eligible to receive the grant described
in section 271, an entity shall be a national early childhood
development organization, as defined in section 276, that has--
``(1) specific expertise in the development of infants and
toddlers;
``(2) experience in incorporating the expertise described
in paragraph (1) into the judicial system to promote change in
the way courts address cases involving maltreated infants and
toddlers in foster care; and
``(3) the capacity--
``(A) to establish and maintain the National Court
Teams Resource Center described in section 273; and
``(B) to support the implementation and activities
of local Court Teams by providing the assistance
required under this part.
``(b) Application.--An entity desiring to receive the grant
described in section 271 shall submit an application to the
Administrator, at such time, in such manner, and containing such
information as the Administrator may require. Such application shall--
``(1) describe the expertise of the entity in infant and
toddler development, including any experience relevant to the
ability of the entity to oversee the implementation of local
Court Teams, and the capacity of the entity to provide
assistance to local Court Teams;
``(2) include a detailed plan describing how the entity
will establish and maintain the National Court Teams Resource
Center, and how the entity will carry out the activities of
such Center, as described in section 273; and
``(3) explain the process the entity will use to select
local Court Teams to receive assistance under this part,
including an assurance that the entity will give priority to
applications that--
``(A) demonstrate the commitment of--
``(i) at least one qualified judge to lead
the local Court Team and serve as Judicial
Leader of the Court Team; and
``(ii) community agencies serving
maltreated infants and toddlers and their
families in such jurisdiction to participate in
the local Court Team;
``(B) describe the population of maltreated infants
and toddlers in the community within the jurisdiction
of the court over which the qualified judge presides,
including--
``(i) any problems contributing to the
placement of maltreated infants and toddlers
under the supervision of the court (including
the impact of parental substance abuse, and
particularly methamphetamine abuse); and
``(ii) any challenges faced by the court in
making decisions that are in the best interests
of such maltreated infants and toddlers; and
``(C) describe how the local Court Team will carry
out the activities required under section 274;
``(4) demonstrate the ability to meet the all selection
criteria, including--
``(A) special expertise in the developmental needs
of children three years of age and younger;
``(B) a demonstrated record of providing resources
to parents and other caregivers regarding the healthy
growth and development of their children;
``(C) a demonstrated record of providing resources
for practitioners in the fields of child development,
early child care and education, family support,
pediatrics, child welfare, and mental health;
``(D) extensive knowledge about how exposure to
violence (including domestic violence, community
violence, and child maltreatment) influences the growth
and development of infants and toddlers;
``(E) a documented history of collaboration with
public and private sector groups working to improve the
lives of maltreated infants and toddlers, including
collaboration with judges at the local level;
``(F) the capacity to analyze child welfare policy
at the local, State, and national levels and to offer
research-based solutions to the problems confronting
child welfare systems across the country; and
``(G) the ability to manage multiple complex
national resource centers and related activities,
including strategic planning, team building,
infrastructure development, training for
multidisciplinary professionals at all levels,
materials development for multiple audiences in a
variety of formats, and conference planning and
delivery at the local, State, regional, and national
levels; and
``(5) include any other information the Administrator may
require, including any assurance required by the Administrator
that the entity, if selected, will give special consideration
to applications that have a significant number of child welfare
cases in the jurisdiction of the court over which the qualified
judge presides in which substance abuse, and particularly
methamphetamine abuse, is involved.
``(c) Selection of Grantee.--In considering grant applications
under this part, the Administrator shall select the national early
childhood development organization that demonstrates--
``(1) the greatest ability to satisfy the criteria
described in subsection (b)(4); and
``(2) the most extensive experience in addressing the needs
of abused and maltreated infants and toddlers through training
and technical assistance provided to judges, multidisciplinary
professionals and community leaders.
``SEC. 273. NATIONAL COURT TEAMS RESOURCE CENTER.
``(a) General Activities.--The national early childhood development
organization receiving the grant authorized under section 271 shall
establish and maintain a National Court Teams Resource Center, which
shall carry out the following activities:
``(1) Develop a process for selecting, and select, local
Court Teams to receive assistance under this part.
``(2) Develop materials to guide qualified judges in the
decision-making process regarding maltreated infants and
toddlers, and to train members of local Court Teams and others
in the community regarding the appropriate care of maltreated
infants and toddlers, including the importance of--
``(A) stable foster care placements;
``(B) frequent parent-child visitation;
``(C) reduction of the recurrence of abuse and
neglect;
``(D) improving health and well-being; and
``(E) timely permanent placement.
``(3) Conduct national meetings and training sessions for
local Court Teams.
``(4) Develop a database that shall be--
``(A) available to each local Court Team to track
such Court Team's progress; and
``(B) used by the National Court Teams Resource
Center to facilitate evaluation of the local Court
Teams receiving assistance under this part.
``(5) Provide information to communities and courts around
the country seeking to adopt the Court Teams approach,
including information related to--
``(A) the incorporation of knowledge about infant
and toddler development into the resolution of cases by
judges with jurisdiction over children in foster care;
and
``(B) methods to change State and local government
systems for addressing the needs of infants and
toddlers in the foster care, and their families.
``(6) Any other activity necessary to provide the
assistance required under subsection (b).
``(b) Assistance to Local Court Teams.--Assistance provided to
local Court Teams by the National Court Teams Resource Center shall
include--
``(1) providing direction, coordination, and oversight of
the implementation of local Court Teams, as needed;
``(2) providing a Local Community Coordinator for each
local Court Team, who shall--
``(A) be selected by the National Court Teams
Resource Center after consultation with the Judicial
Leader of the local Court Team;
``(B) serve as a resource of child development
expertise for the local Court Team; and
``(C) promote coordination (in the jurisdiction of
the court over which the Judicial Leader presides)
between--
``(i) community agencies that serve
children; and
``(ii) providers of resources to support
maltreated infants and toddlers;
``(3) providing training and technical assistance to local
Court Teams, including--
``(A) individual consultation on site, through
telephone conversations, and through responses to
emailed information requests;
``(B) networking assistance and facilitation of
telephone conference calls among Judicial Leaders and
local Court Team members in different jurisdictions to
discuss issues of common concern;
``(C) development and dissemination of training
materials, including fact sheets, template forms, and
sample operational materials developed by local Court
Teams; and
``(D) training for local Court Teams related to--
``(i) the impact of abuse and neglect on
infants and toddlers; and
``(ii) improved decision-making by courts
regarding maltreated infants and toddlers to
reduce the recurrence of abuse and neglect and
improve developmental outcomes; and
``(4) organizing local training for community members of
jurisdictions in which local Court Teams are located, which
shall relate to the particular needs of infants and toddlers
exposed to maltreatment and trauma, including topics such as--
``(A) general infant and toddler development;
``(B) the impact of abuse and neglect on
development;
``(C) a relationship-based mental health
intervention model for parents and children together;
``(D) best-practices in family interactions;
``(E) evidence-based parenting interventions; and
``(F) services available to foster children in the
community.
``SEC. 274. LOCAL COURT TEAMS.
``(a) Application.--An entity desiring to receive the assistance
for local Court Teams made available under this part shall submit an
application to the National Court Teams Resource Center at such time,
in such manner, and containing such information as the National Court
Teams Resource Center may require.
``(b) Eligibility.--To be eligible to receive assistance under this
part, a local Court Team shall be comprised of--
``(1) a Judicial Leader, who shall be a qualified judge,
and who shall lead and oversee the implementation and ongoing
activities of the local Court Team;
``(2) a Local Community Coordinator, selected and provided
by the National Court Teams Resource Center in accordance with
section 273(b)(2); and
``(3) no fewer than six key stakeholders who--
``(A) are members of the community in which the
local Court Team is located;
``(B) are committed to working to restructure the
way the jurisdiction responds to the needs of
maltreated infants and toddlers; and
``(C) represent a variety of individuals involved
with the care of maltreated infants and toddlers, which
may include pediatricians, child welfare workers,
attorneys, court-appointed special advocates, mental
health professionals, substance abuse treatment
providers, Early Head Start and child care providers,
Court Improvement Program staff, and any other
individuals who are involved in the care of maltreated
infants and toddlers.
``(c) Required Use of Assistance.--A local Court Team shall use any
assistance received under this part to carry out the following
activities:
``(1) Conducting monthly case reviews of each case handled
by the local Court Team, in which all individuals and
organizations involved in a case meet to review progress in
such case, and to monitor and track referral to, delivery of,
and barriers against, services for maltreated infants and
toddlers and their families.
``(2) Incorporating child-focused services into case plans
for maltreated infants and toddlers, including services such as
medical, developmental, and mental health interventions and, as
appropriate, services for children and parents together.
``(3) Organizing the provision of local training (provided
by the National Court Teams Resource Center) to community
members of the jurisdiction in which the local Court Team is
located, including court officials, child welfare agencies,
attorneys, Guardians Ad Litem, court-appointed special
advocates, and other individuals and organizations providing
services to infants and toddlers in foster care.
``(4) Identifying areas in the community in need of
improved mental health and substance abuse treatment, and
assisting the National Court Teams Resource Center in improving
mental health treatment for parents and children together, and
substance abuse treatment for families (including mothers and
children), as needed.
``(5) Utilizing resource materials disseminated by the
National Court Teams Resource Center to guide judges in the
decision-making process regarding maltreated infants and
toddlers, and to provide training for Court Team members.
``(6) Participating in the national evaluation conducted by
the Administrator in accordance with section 275, to determine
the extent to which the activities of the local Court Team
reduce the recurrence of abuse and neglect and improve health
and developmental outcomes for maltreated infants and toddlers.
``(d) Permissible Use of Assistance.--A local Court may use the
assistance received under this part to carry out the following
activities:
``(1) Developing processes for responding to parental
substance abuse, such as--
``(A) coordinating with local law enforcement
agencies to allow rapid response teams to intervene
quickly on behalf of infants and toddlers who are
identified by law enforcement personnel as being
present during illegal activities related to
methamphetamines or other illegal substances; and
``(B) establishing and maintaining relationships
with substance abuse treatment programs to increase
access to treatment for parents of maltreated infants
and toddlers.
``(2) Identifying the areas in the community in need of
early childhood mental health services, and assisting the
National Court Teams Resource Center in providing relationship-
based early childhood mental health services by providing
training on parent-child psychotherapy to mental health
providers.
``(3) Any other activities that help meet the needs and
improve the health and developmental outcomes of maltreated
infants and toddlers in foster care.
``SEC. 275. EVALUATIONS AND REPORTS.
``(a) Evaluation Form.--Not later than 6 months after the date of
the enactment of this Act, the National Court Teams Resource Center
shall create, and distribute to each local Court Team, an evaluation
form that shall be used to periodically collect any data from local
Court Teams that the National Court Teams Resource Center determines
may be relevant to the reports required by subsection (b).
``(b) Reports to Congress by the Administrator.--At the end of the
three-year period beginning on the date of the enactment of this Act,
and again at the end of the five-year period beginning on such date of
enactment, the Administrator shall--
``(1) compile the data collected in the periodic evaluation
forms completed by each local Court Team;
``(2) conduct a national evaluation of Court Teams, based
on such compilation of data; and
``(3) report to Congress on the effectiveness of Court
Teams, including the extent to which local Court Teams are--
``(A) improving access to services for maltreated
infants and toddlers;
``(B) reducing the recurrence of abuse and neglect;
``(C) promoting permanent placements of maltreated
infants and toddlers; and
``(D) improving the developmental outcomes for
maltreated infants and toddlers who have been in foster
care.
``SEC. 276. DEFINITIONS.
``For the purposes of this part:
``(1) Court-appointed special advocate.--The term `court-
appointed special advocate' means an individual who is trained
by a recognized court-appointed special advocate program and
appointed by a court to advocate for the best interests of
children who come into the court system primarily as a result
of abuse or neglect.
``(2) Court improvement program.--The term `Court
Improvement Program' means a program authorized under section
438 of the Social Security Act (42 U.S.C. 629h).
``(3) Guardian ad litem.--The term `Guardian Ad Litem'
means an attorney or court-appointed special advocate who is
appointed by a court to advocate for the best interests of
children who come into the court system primarily as a result
of abuse or neglect.
``(4) Maltreated infant or toddler.--The term `maltreated
infant or toddler' means any child three years of age or
younger who is the victim of a substantiated case of physical
abuse, neglect, medical neglect, sexual abuse, or emotional
abuse.
``(5) National early childhood development organization.--
The term `national early childhood development organization'
means a national, private, nonprofit organization--
``(A) that is dedicated to supporting the healthy
development and well-being of infants, toddlers, and
their families; and
``(B) that has the capacity for research, training,
information dissemination, and leadership development
in all of the professional disciplines related to
infants and toddlers three years of age and younger.
``(6) Qualified judge.--The term `qualified judge' means a
judge who presides over a court that has jurisdiction over
children in foster care, such as a judge for a dependency court
or family court.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the header, by striking ``Parts C and E)''
and inserting ``Parts C, E, and F)''; and
(B) in paragraph (2), by striking ``parts C and
E)'' and inserting ``parts C, E, and F)'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Authorization of Appropriations for Part F.--There are
authorized to be appropriated to carry out part F, $5,000,000 for each
of fiscal years 2008, 2009, 2010, 2011, and 2012.''.
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