II 111th CONGRESS 2d Session S. 4028 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.

1.

Short title

This Act may be cited as Erin's Law.

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: 3

Erin Maxwell Memorial Grant Program

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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