[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5747 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5747

  To authorize a program to provide grants to nonprofit organizations 
   that carry out child-parent visitation programs for children with 
                         incarcerated parents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2010

 Mr. Rush (for himself, Mrs. Christensen, Mr. Payne, Ms. Kilpatrick of 
Michigan, Mr. Lewis of Georgia, Ms. Moore of Wisconsin, Mr. Johnson of 
    Georgia, Mr. Larson of Connecticut, and Mr. Davis of Illinois) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To authorize a program to provide grants to nonprofit organizations 
   that carry out child-parent visitation programs for children with 
                         incarcerated parents.

    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 ``Families Beyond Bars Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Bureau of Justice Statistics estimates that 
        1,500,000 children in the United States have at least one 
        incarcerated parent, and an estimated 10,000,000 more 
        individuals have at least one parent who was incarcerated at 
        some point during the individual's childhood.
            (2) In 2006, the Bureau of Justice Statistics estimated 
        that 75 percent of incarcerated women were mothers, two-thirds 
        of whom were mothers of children under the age of 18, and an 
        estimated 32 percent of incarcerated men were fathers of 
        children under the age of 18.
            (3) The trauma associated with having an incarcerated 
        parent has been well-documented, and includes depression, 
        aggression, low self-esteem, poor academic performance, 
        truancy, attention deficit disorders, substance abuse, teen 
        pregnancy, and symptoms of post-traumatic stress disorder.
            (4) The Bureau of Justice Statistics estimates that 
        children with imprisoned parents may be almost 6 times more 
        likely than their peers to be incarcerated.
            (5) Increased visitation between incarcerated parents and 
        their children can reduce the anxiety and sense of loss 
        children of incarcerated parents experience. This beneficial, 
        low-cost activity may also contribute to a reduction in future 
        crime committed by, and incarceration of, children of 
        incarcerated parents.
            (6) Participation in a comprehensive visitation program 
        allows children of incarcerated parents to build relationships 
        with caring adults and experience opportunities for meaningful 
        involvement and membership, helping to reduce the negative 
        effects of parent-child separation.
            (7) The incarceration of women who are mothers introduces 
        significant changes to the family structure, income level, 
        living arrangements, and emotional support systems of their 
        children. The incarceration of mothers is often more disruptive 
        than the incarceration of fathers, because an estimated two-
        thirds of mothers who are incarcerated serve as the primary 
        caregiver for at least one child before arrest.
            (8) Incarceration can present an opportunity to enhance 
        parenting skills, encourage children to resist peer pressure, 
        and foster high parental expectations for their children's 
        school work.

SEC. 3. BEYOND BARS GRANT PROGRAM.

    (a) Grant Program Established.--
            (1) Grants authorized.--The Attorney General is authorized 
        to award grants to qualified organizations to carry out, 
        directly or through subgrants to other entities, child-parent 
        visitation programs that foster and develop familial ties 
        between eligible children and their incarcerated parents.
            (2) Grant period; renewability.--A grant awarded under this 
        section shall be for not less than a 3-year period and not more 
        than a 5-year period, and may be renewed.
    (b) Grant Uses.--Grants awarded under this section may be used by a 
qualified organization to--
            (1) organize and lead group meetings, in accordance with 
        subsection (c);
            (2) provide counseling to eligible children, and to their 
        incarcerated parents;
            (3) select one or more qualified program facilitators to--
                    (A) organize and lead group meetings, in accordance 
                with subsection (c); and
                    (B) provide counseling to eligible children, and to 
                their incarcerated parents;
            (4) provide to one or more such qualified program 
        facilitators a monthly stipend in accordance with subsection 
        (d);
            (5) provide transportation for eligible children to attend 
        such group meetings, and provide volunteer support to assist in 
        such transportation;
            (6) provide security for eligible children during such 
        group meetings, and comply with applicable security procedures 
        required by the facility at which the eligible children's 
        parents are incarcerated;
            (7) provide enrichment activities for incarcerated parents 
        of eligible children during incarceration and pre-release, 
        including parenting classes and transition programs;
            (8) provide connections to and coordination with community 
        and social services and other support to eligible children, 
        incarcerated parents, and individuals who serve as guardians of 
        eligible children while the eligible children's parents are 
        incarcerated;
            (9) obtain program materials and other supplies necessary 
        to carry out other grant activities required or permitted under 
        this subsection;
            (10) conduct periodic evaluations of the activities carried 
        out with a grant under this section, including volunteer 
        recruitment, parental support and development, measurement of 
        children's opportunities to build meaningful relationships with 
        caring adults, and measurement of children's opportunities for 
        meaningful involvement and membership;
            (11) develop best practices regarding child-parent 
        visitation programs for eligible children and their 
        incarcerated parents, based on the evaluations conducted under 
        paragraph (10);
            (12) provide age-appropriate enrichment activities for 
        children, including activities related to basic life skills, 
        hygiene, healthy and drug-free habits, social skills, and 
        building self-esteem and confidence;
            (13) coordinate the logistics of the child-parent 
        visitation program with the correctional facility at which the 
        eligible children's parents are incarcerated;
            (14) supervise adult volunteers who are assisting with the 
        child-parent visitation program, whether such volunteers are 
        working as individuals or as part of a team; and
            (15) conduct outreach activities to recruit eligible 
        children.
    (c) Group Meetings.--The group meetings organized and led by a 
qualified organization with a grant under this section shall be 
supervised and facilitated by a qualified program facilitator in 
accordance with the provisions of this section, and--
            (1) may include meetings for parents that provide an 
        opportunity for incarcerated parents of eligible children to 
        obtain and improve parenting skills to ensure strong family 
        foundations upon release, which may include evidence-based 
        programs and emerging best practices; and
            (2) shall include the following:
                    (A) Child-parent meetings.--At least one day each 
                month, a meeting that provides an opportunity for 
                eligible children to visit their incarcerated parents 
                in the prison facility in which their parents are 
                incarcerated, and to take part in child-parent 
                activities based on evidence-based programs and 
                emerging best practices that foster and develop 
                familial ties. Such meeting shall provide a supportive 
                environment for child-parent interaction, and may 
                include arts and crafts, games, community service 
                projects, and informal group mentoring sessions; and
                    (B) Meetings for children.--At least one day each 
                month, on a day other than the day described in 
                subparagraph (A), a meeting in a location other than a 
                prison facility that provides an opportunity for 
                eligible children to build interpersonal problem-
                solving skills, character, self-confidence, and self-
                esteem by--
                            (i) taking part in--
                                    (I) activities based on evidence-
                                based programs and emerging best 
                                practices;
                                    (II) community service projects; 
                                and
                                    (III) recreational activities; and
                            (ii) holding planning meetings.
    (d) Stipend for Qualified Program Facilitators.--Not more than 45 
percent of the grant funds provided to a qualified organization under 
this section may be used to provide a monthly stipend to qualified 
program facilitators. To be eligible to receive such a stipend, a 
qualified program facilitator shall enter into an agreement with a 
qualified organization to facilitate and supervise group meetings in 
accordance with the provisions of this section for not less than a one-
year period, in exchange for such stipend. Such agreement may be 
renewable, at the discretion of the qualified organization, for 
additional one-year periods.
    (e) Applications; Priority.--
            (1) Applications.--A qualified organization interested in 
        receiving a grant under this section shall submit an 
        application to the Attorney General at such time, in such 
        manner, and containing such information as the Attorney General 
        may require. Such application shall include an assurance by the 
        qualified organization that the organization will provide the 
        non-Federal share of the costs of the activities funded by a 
        grant under this section in accordance with subsection (f).
            (2) Priority.--In awarding grants under this section, the 
        Attorney General may give priority as follows:
                    (A) First, to qualified organizations that, before 
                and on the date of enactment of this Act, are carrying 
                out a child-parent visitation program for eligible 
                children.
                    (B) Second, to qualified organizations that have a 
                track record of providing research-based, evaluated, 
                and effective leadership development programming.
                    (C) Third, to qualified organizations based on the 
                quality of the organization's plan for measuring and 
                assessing success of the program to be carried out with 
                such a grant; and
                    (D) Fourth, to qualified organizations based on the 
                likelihood that the objectives of the program will be 
                achieved by the organization.
    (f) Non-Federal Share.--A qualified organization receiving a grant 
under this section shall provide a percentage of the costs described in 
subsection (e)(1) from non-Federal sources, which may be contributed in 
cash or in-kind, and which may be provided from State or local public 
sources, or through donations from private entities. Such percentage of 
the costs shall be equal to--
            (1) in the case of a qualified organization that was 
        established before the date of the enactment of this Act--
                    (A) 2.5 percent for the first year of such grant;
                    (B) 5 percent for the second year of such grant;
                    (C) 10 percent for the third year of such grant;
                    (D) 10 percent for the fourth year of such grant; 
                and
                    (E) 10 percent for the fifth year of such grant; 
                and
            (2) in the case of a qualified organization that was 
        established on or after the date of the enactment of this Act--
                    (A) 5 percent for the first year of such grant;
                    (B) 10 percent for the second year of such grant;
                    (C) 15 percent for the third year of such grant;
                    (D) 15 percent for the fourth year of such grant; 
                and
                    (E) 15 percent for the fifth year of such grant.
    (g) Regulations; Reports.--
            (1) Regulations.--The Attorney General is authorized to 
        issue such regulations as may be necessary to carry out this 
        section.
            (2) Reports by organizations.--Each qualified organization 
        receiving a grant under this section shall submit to the 
        Attorney General an annual report relating to the activities 
        carried out with a grant under this section. Each such report 
        shall include--
                    (A) the evaluations conducted under section 
                3(b)(10), and the best practices developed, if any, 
                under section 3(b)(11);
                    (B) demographic information about the eligible 
                children served by the qualified organization;
                    (C) demographic information about any eligible 
                children who applied to participate in the activities 
                carried out with a grant under this section by the 
                qualified organization, but who were not accepted for 
                participation; and
                    (D) an evaluation of the effect of leadership 
                development programming on the social and emotional 
                learning of the eligible children served by the 
                qualified organization.
            (3) Reports by the attorney general.--Not later than one 
        year after the date of the enactment of this Act, and annually 
        thereafter, the Attorney General shall submit to Congress a 
        report summarizing the annual reports submitted to the Attorney 
        General under paragraph (2).

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Qualified organization.--The term ``qualified 
        organization'' means an entity that carries out child-parent 
        visitation programs that foster and develop familial ties 
        between eligible children and their incarcerated parents, and 
        that is--
                    (A) a national nonprofit organization with the 
                capacity (as determined by the Attorney General) to 
                carry out such visitation programs in each of the 
                several States;
                    (B) a nonprofit community-based or faith-based 
                organization; or
                    (C) a partnership of two or more organizations or 
                entities described in subparagraphs (A) or (B).
            (2) Eligible children.--The term ``eligible children'' 
        means individuals who--
                    (A) are not younger than age 5 and are not older 
                than age 18; and
                    (B) have at least one parent who--
                            (i) is incarcerated in a Federal or State 
                        prison;
                            (ii) during the 3-month period preceding 
                        participation in the activities carried out by 
                        a qualified organization under section 3, has 
                        displayed exemplary compliance with the 
                        disciplinary regulations of the prison, and 
                        during such participation, continues to display 
                        exemplary compliance with such disciplinary 
                        regulations; and
                            (iii) has never been convicted of or pled 
                        guilty to any offense involving child abuse or 
                        any sex offense against a minor.
            (3) Prison.--The term ``prison'' means any correctional, 
        detention, penal, pre-release, or other confinement facility 
        that is administered by the Federal Government or a State, or 
        by a private organization on behalf of the Federal Government 
        or a State.
            (4) Qualified program facilitator.--The term ``qualified 
        program facilitator'' means an individual who--
                    (A) is licensed as a clinical psychologist, 
                psychiatrist, or mental health professional, or is 
                working under the direct supervision of such a licensed 
                individual;
                    (B) is licensed as a social worker or working under 
                the direct supervision of a licensed social worker;
                    (C) is a licensed or certified counselor of mental 
                health, including an individual, school, or family 
                counselor or therapist;
                    (D) is an otherwise licensed or certified mental 
                health professional qualified to provide services to 
                children and adolescents;
                    (E) has 5 or more years of experience working with 
                children in a counseling capacity; or
                    (F) has undergone a criminal background check, and 
                has completed an orientation and all in-service 
                training that is provided by a grantee for facilitators 
                of a child-parent visitation program for eligible 
                children.
            (5) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, possession, or territory of the United States.
            (6) Leadership development programming.--The term 
        ``leadership development programming'' means programs that help 
        children and adults acquire the knowledge, attitudes, and 
        skills associated with the core areas of social and emotional 
        competency, including--
                    (A) self-awareness and self-management to achieve 
                school and life success, such as identifying and 
                recognizing strengths, needs, emotions, values and 
                self-efficacy, impulse control and stress management, 
                self-motivation and discipline, and goal setting and 
                organizational skills;
                    (B) social awareness and interpersonal skills to 
                establish and maintain positive relationships, such as 
                self-esteem and respect for others, communication, 
                working cooperatively, negotiation, conflict 
                management, and help-seeking; and
                    (C) decisionmaking skills and responsible behaviors 
                in personal, academic and community contexts, such as 
                situational analysis, problem solving, reflection, and 
                personal, social, and ethical responsibility.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$5,000,000 for fiscal year 2011, and such sums as may be necessary for 
each of the 5 succeeding fiscal years.
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