[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4028 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4028

To amend part B of title IV of the Social Security Act to authorize the 
  Secretary of Health and Human Services to award grants to local and 
    tribal governments for hiring child protective services workers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2010

  Mr. Schumer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend part B of title IV of the Social Security Act to authorize the 
  Secretary of Health and Human Services to award grants to local and 
    tribal governments for hiring child protective services workers.

    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 ``Erin's Law''.

SEC. 2. ERIN MAXWELL MEMORIAL GRANTS.

    (a) Findings.--Congress makes the following findings:
            (1) With the enactment of the Adoption and Safe Families 
        Act of 1997 (Public Law 105-89), Congress asserted the pre-
        eminent importance ensuring children's safety.
            (2) Five children die every day from abuse and neglect in 
        America.
            (3) Between 2001 and 2007, a total of 10,440 children died 
        as a result of abuse and neglect.
            (4) Research has revealed that child deaths resulting from 
        an injury caused by abuse or neglect are underreported, and 
        that as many as 50 to 60 percent of child fatalities resulting 
        from abuse or neglect are not recorded as such, according to 
        studies conducted in 2002 and 2005.
            (5) States receive allegations of child abuse or neglect 
        involving as many as 6,000,000 children each year.
            (6) Well trained, competent, and sufficient child 
        protective services workers are critical to screening those 
        allegations and responding appropriately to ensure children's 
        safety.
    (b) Establishment of Grant Program.--Part B of title IV of the 
Social Security Act (42 U.S.C. 621 et seq.) is amended by adding at the 
end the following:

            ``Subpart 3--Erin Maxwell Memorial Grant Program

``SEC. 440. ERIN MAXWELL MEMORIAL GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible applicant.--The term `eligible applicant' 
        means a unit of local government or an Indian tribe or tribal 
        organization that satisfies the conditions specified in 
        subsection (d).
            ``(2) Child protective services worker.--The term `child 
        protective services worker' means an individual whose primary 
        employment responsibility is to conduct screening and intake of 
        referrals alleging child abuse or neglect, to investigate 
        allegations of child abuse or neglect, to provide alternative 
        or differential responses to actual or alleged child abuse or 
        neglect, or to provide preventative services or post-
        investigation services for actual or alleged victims of child 
        abuse or neglect.
            ``(3) Indian tribe; tribal organization.--The terms `Indian 
        tribe' and `tribal organization' have the meanings given such 
        terms by subsections (e) and (l) of section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b), respectively.
    ``(b) Authority To Award Grants.--The Secretary shall award grants 
on a competitive basis to eligible applicants for hiring child 
protective services workers.
    ``(c) Applications.--
            ``(1) In general.--Each eligible applicant desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such a manner, and accompanied by such 
        information as the Secretary shall require.
            ``(2) Contents.--In accordance with the regulations or 
        guidelines established by the Secretary, an application 
        submitted pursuant to paragraph (1) shall--
                    ``(A) include a long-term strategy and 
                implementation plan that reflects consultation with 
                community groups and appropriate private and public 
                agencies and that is designed to--
                            ``(i) reduce caseloads of child protective 
                        services workers;
                            ``(ii) improve timeliness of response to 
                        allegations of child abuse or neglect;
                            ``(iii) improve training and qualifications 
                        of child protective services workers to better 
                        ensure children's safety; and
                            ``(iv) improve protocols and interagency 
                        communication processes related to responding 
                        to multiple allegations of child abuse or 
                        neglect concerning the same household;
                    ``(B) describe the activities for which grant funds 
                are sought;
                    ``(C) explain the applicant's inability to address 
                the need without such funds;
                    ``(D) identify related governmental and community 
                initiatives which complement or will be coordinated 
                with the proposal;
                    ``(E) attest that funds shall go to the hiring of 
                child protective services workers;
                    ``(F) specify plans for the assumption by the 
                eligible applicant of a progressively larger share of 
                the cost in the course of time, looking toward the 
                continuation of the increased hiring level using State 
                or local sources of funding following the conclusion of 
                the Federal financial support;
                    ``(G) provides assurances that the applicant will 
                satisfy the conditions specified in subsection (d); and
                    ``(H) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    ``(d) Eligibility for Funding.--For purposes of subsections (a)(1) 
and (c)(2)(G), the conditions specified in this subsection are the 
following:
            ``(1) Records.--The eligible applicant shall maintain a 
        record of all referrals of child abuse or neglect in a manner 
        that is consistent with the confidentiality and recordkeeping 
        provisions under clauses (vii), (viii), (ix), and (xii) of 
        section 106(b)(2)(A) of the Child Abuse Prevention and 
        Treatment Act.
            ``(2) Additional condition for units of local government.--
        In the case of a unit of local government, in addition to 
        satisfying the condition specified in paragraph (1), the unit 
        of local government shall not be eligible for a grant under 
        this section unless the unit of local government demonstrates 
        in its application submitted under subsection (c) that the 
        State in which the unit of local government is located has 
        fulfilled the requirements of sections 106(b) and 107(b) of the 
        Child Abuse Prevention and Treatment Act.
    ``(e) Use of Funds.--
            ``(1) In general.--Funds received pursuant to a grant 
        awarded under this section may not be expended to offset a 
        reduction in any other source of funds.
            ``(2) Individual worker funding limit.--Out of funds 
        received pursuant to a grant awarded under this section, not 
        more than $50,000 may be used to hire or rehire any child 
        protective services worker, unless the Secretary grants a 
        waiver from this limitation.
    ``(f) Matching Funds.--The portion of the costs of hiring or 
rehiring child protective services workers provided by a grant awarded 
under this section may not exceed 75 percent, unless the Secretary 
waives, wholly or in part, the requirement under this subsection of a 
non-Federal contribution to the costs of hiring or rehiring child 
protective services workers.
    ``(g) Awarding of Grants.--The Secretary shall ensure that, of the 
amounts made available to carry out this section for a fiscal year--
            ``(1) 50 percent of such funds shall be used to award 
        grants to eligible applicants that have jurisdiction over areas 
        with populations exceeding 150,000; and
            ``(2) 50 percent of such funds shall be used to award 
        grants to eligible applicants that have jurisdiction over areas 
        with populations of 150,000 or less.
    ``(h) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall promulgate regulations 
to carry out the grant program authorized by this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $50,000,000 for each of fiscal 
years 2011 through 2015.''.
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