I 111th CONGRESS 2d Session S. 3817 IN THE HOUSE OF REPRESENTATIVES December 7, 2010 Referred to the Committee on Education and Labor AN ACT To amend the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988 to reauthorize the Acts, and for other purposes.

1.

Short title

This Act may be cited as the CAPTA Reauthorization Act of 2010.

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132.

Purpose and authority

Section 201 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended— (1)by striking subsection (a)(1) and inserting the following: (1)to support community-based efforts to develop, operate, expand, enhance, and coordinate initiatives, programs, and activities to prevent child abuse and neglect and to support the coordination of resources and activities, to better strengthen and support families to reduce the likelihood of child abuse and neglect; and ; and (2)in subsection (b)— (A)in the matter preceding paragraph (1), by striking hereafter; (B)in paragraph (1)— (i)in the matter preceding subparagraph (A)— (I)by inserting a comma after expanding; and (II)by striking (through networks where appropriate); (ii)in subparagraph (E), by inserting before the semicolon the following: , including access to such resources and opportunities for unaccompanied homeless youth; and (iii)by striking subparagraph (G) and inserting the following: (G)demonstrate a commitment to involving parents in the planning and program implementation of the lead agency and entities carrying out local programs funded under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and ; (C)in paragraph (2), by inserting after children and families the following: , including unaccompanied homeless youth,; (D)in paragraph (3)— (i)by inserting substance abuse treatment services, domestic violence services, after mental health services,; (ii)by striking family resource and support program and inserting community-based child abuse and neglect prevention program; and (iii)by striking community-based family resource and support program and inserting community-based child abuse and neglect prevention programs; and (E)in paragraph (4)— (i)by inserting and reporting after information management; (ii)by striking the comma after prevention-focused; and (iii)by striking (through networks where appropriate).

133.

Eligibility

Section 202 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116a) is amended— (1)in paragraph (1)— (A)by striking chief executive officer each place it appears and inserting Governor; and (B)by inserting a comma after enhance; (2)in paragraphs (1), (2), and (3), by striking (through networks where appropriate) each place it appears; (3)in paragraphs (2) and (3), in the matter preceding subparagraph (A), by striking chief executive officer and inserting Governor; and (4)in paragraph (2)— (A)in subparagraphs (A) and (B), by inserting adult former victims of child abuse or neglect, after parents,; and (B)in subparagraph (C), by inserting a comma after State.

134.

Amount of grant

Section 203(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b(b)(1))— (1)in subparagraph (A), by striking all that precedes 70 and inserting the following: (A)

70 percent

; and (2)in subparagraph (B), by striking all that precedes 30 and inserting the following: (B)

30 percent

.

135.

Application

Section 205 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended— (1)in paragraphs (1) and (2), by striking (through networks where appropriate); (2)in paragraph (2)— (A)by striking and how family resource and support and inserting , including how community-based child abuse and neglect prevention; and (B)by striking services provided and inserting programs provided; (3)in paragraph (4), by inserting a comma after operation; (4)in paragraph (6)— (A)by striking an assurance that the State has the and inserting a description of the State's; and (B)by striking consumers and and inserting consumers, of family advocates, and of adult former victims of child abuse or neglect,; (5)in paragraph (7), by inserting a comma after expansion; (6)in paragraph (8)— (A)by striking and activities; and (B)by inserting after homelessness, the following: unaccompanied homeless youth,; (7)in paragraph (9), by inserting a comma after training; and (8)in paragraph (11), by inserting a comma after procedures.

136.

Local program requirements

(a)

In general

Section 206(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116e(a)) is amended— (1)in the matter preceding paragraph (1), by inserting a comma after expand; (2)in paragraph (1)— (A)by striking parents and and inserting parents,; and (B)by inserting in meaningful roles before the semicolon; (3)in paragraph (2)— (A)by striking a strategy to provide, over time, and inserting a comprehensive strategy to provide; (B)by striking family centered and inserting family-centered; and (C)by striking and parents with young children, and inserting , to parents with young children, and to parents who are adult former victims of domestic violence or child abuse or neglect,; (4)in paragraph (3)— (A)by striking all that precedes subparagraph (C) and inserting the following: (3) (A)provide for core child abuse and neglect prevention services, which may be provided directly by the local recipient of the grant funds or through grants or agreements with other local agencies, such as— (i)parent education, mutual support and self help, and parent leadership services; (ii)respite care services; (iii)outreach and followup services, which may include voluntary home visiting services; and (iv)community and social service referrals; and ; and (B)in subparagraph (C)— (i)in the matter preceding clause (i), by striking (C) and inserting (B) provide; (ii)by striking clause (ii) and inserting the following: (ii)child care, early childhood education and care, and intervention services; ; (iii)in clause (iii), by inserting and parents who are individuals with disabilities before the semicolon; (iv)in clause (v), by striking scholastic tutoring and inserting academic tutoring; (v)in clause (vii), by striking and after the semicolon; (vi)in clause (viii), by adding and after the semicolon; (vii)by adding at the end the following: (ix)domestic violence service programs that provide services and treatment to children and their non-abusing caregivers. ; and (viii)in clause (v), by striking scholastic tutoring and inserting academic tutoring; (5)in paragraph (5), by striking family resource and support program and inserting child abuse and neglect prevention program; and (6)in paragraph (6), by inserting a comma after operation. (b)

Technical amendment

Section 206(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116e(b)) is amended— (1)by striking low income and inserting low-income; and (2)by striking family resource and support programs and inserting child abuse and neglect prevention programs..

137.

Conforming amendments

Section 207 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5119f) is amended— (1)in paragraph (1), by inserting a comma after operation; (2)in paragraph (2), by inserting which description shall specify whether those services are supported by research after section 202; (3)in paragraph (4)— (A)by striking section 205(3) and inserting section 204(3); and (B)by inserting a comma after operation; (4)in paragraph (6)— (A)by inserting a comma after local; and (B)by inserting a comma after expansion; and (5)in paragraph (7), by striking the results and all that follows and inserting the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this title in meeting the purposes of the program; and.

138.

National network for community-based family resource programs

Section 208 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116g) is amended— (1)in paragraph (1), by inserting a comma after operate; (2)in paragraph (2), by inserting a comma after operate; and (3)in paragraph (4), by inserting a comma after operate.

139.

Definitions

Section 209 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h) is amended— (1)by striking paragraph (1); (2)by redesignating paragraphs (2), (3), and (5) as paragraphs (1) through (3), respectively; and (3)in paragraph (3), as so redesignated— (A)in the matter preceding subparagraph (A), by inserting , including the services of crisis nurseries, after short term care services; (B)in subparagraphs (A) and (B), by striking abuse or neglect and inserting child abuse or neglect; and (C)in subparagraph (C), by striking have and all that follows and inserting have disabilities or chronic or terminal illnesses..

140.

Authorization of appropriations

Section 210 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116i) is amended— (1)by striking 2004 and inserting 2010; and (2)by striking 2005 through 2008 and inserting 2011 through 2015.

141.

Redesignation

Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) is amended by redesignating sections 205 through 210 as sections 204 through 209, respectively.

142.

Transfer of definitions

(a)

General definitions

The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by inserting after section 2 the following:

3.

General definitions

In this Act— (1)the term child means a person who has not attained the lesser of— (A)the age of 18; or (B)except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; (2)the term child abuse and neglect means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm; (3)the term child with a disability means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401), or an infant or toddler with a disability as defined in section 632 of such Act (20 U.S.C. 1432); (4)the term Governor means the chief executive officer of a State; (5)the terms Indian, Indian tribe, and tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); (6)the term Secretary means the Secretary of Health and Human Services; (7)except as provided in section 106(f), the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (8)the term unaccompanied homeless youth means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

. (b)

Conforming amendments

Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g), as amended by section 119, is further amended— (1)by striking paragraphs (1), (2), (3), (5), (9), and (11) of section 111; (2)by redesignating paragraphs (7), (8), and (10) as paragraphs (1), (2), and (3), respectively, and inserting the paragraphs before paragraph (4); (3)in paragraph (3), as so redesignated, by striking and at the end; (4)in paragraph (4), by adding and at the end; and (5)by redesignating paragraph (6) as paragraph (5).

C

Conforming amendments

151.

Amendments to table of contents

The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act is amended— (1)by inserting after the item relating to section 2 the following: Sec. 3. General definitions. ; (2)by amending the item relating to section 105 to read as follows: Sec. 105. Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations. ; (3)by amending the item relating to section 106 to read as follows: Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs. ; (4)by striking the item relating to the title heading of title II and inserting the following: Title II—Community-based grants for the prevention of child abuse or neglect ; and (5)by striking the items relating to sections 204 through 210 and inserting the following: Sec. 204. Application. Sec. 205. Local program requirements. Sec. 206. Performance measures. Sec. 207. National network for community-based family resource programs. Sec. 208. Definitions. Sec. 209. Authorization of appropriations. .

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202.

Amendments to other laws

(a)

Title 11, United States Code

Section 707(b)(2)(A)(ii)(I) of title 11, United States Code, is amended in the 4th sentence by striking section 309 of the Family Violence Prevention and Services Act and inserting section 302 of the Family Violence Prevention and Services Act. (b)

Individuals with disabilities education act

Section 635(c)(2)(G) of the Individuals with Disabilities Education Act (20 U.S.C. 1435(c)(2)(G)) is amended by striking section 320 of the Family Violence Prevention and Services Act and inserting section 302 of the Family Violence Prevention and Services Act. (c)

Omnibus Crime Control and Safe Streets Act of 1968

Section 2001(c)(2)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(c)(2)(A)) is amended by striking through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.) and inserting under section 311 of the Family Violence Prevention and Services Act. (d)

Violence Against Women Act of 1994

Section 40002(a)(26) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(26)) is amended by striking under the Family Violence Prevention and Services Act (42 U.S.C. 10410(b)) and inserting under sections 302 and 311 of the Family Violence Prevention and Services Act. (e)

Violent Crime Control and Law Enforcement Act of 1994

The portion of section 310004(d) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14214(d)) that pertains to the definition of the term prevention program is amended— (1)in paragraph (20), by striking section 40211 and inserting section 313 of the Family Violence Prevention and Services Act (relating to a hotline); (2)in paragraph (22), by striking section 40241 and inserting sections 301 through 312 of the Family Violence Prevention and Services Act; and (3)in paragraph (24), by striking section 40261 and inserting section 314 of the Family Violence Prevention and Services Act (relating to community projects to prevent family violence, domestic violence, and dating violence).

Passed the Senate December 3, 2010. Nancy Erickson, Secretary