[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 627 Reported in Senate (RS)]






                                                        Calendar No. 88
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, Mr. Martinez, Mr. 
    Kerry, Mr. Coleman, Mr. Grassley, Mr. Schumer, and Mr. Isakson) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                             March 26, 2007

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 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.''.
                                                        Calendar No. 88

110th CONGRESS

  1st Session

                                 S. 627

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 26, 2007

                       Reported without amendment