1.This Act may be cited as
the Speak Up to Protect Every Abused
Kid Act
.
2.Section 3(2) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended to
read as follows:
(2)the term
child abuse or neglect means, at a minimum—
(A)any recent act or
failure to act, on the part of a parent or caretaker, that results in death,
serious physical or emotional harm, or sexual abuse or exploitation, or an act
or failure to act that presents an imminent risk of serious harm; or
(B)any deliberate
act, on the part of an individual other than a parent or caretaker, that
results in death, serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious harm to a
child.
.
3.Educational
campaigns and trainingThe
Child Abuse Prevention and Treatment Act is amended by inserting after section
103 (42 U.S.C. 5104) the following:
103A.Educational
campaigns and training
(a)The Secretary shall
make grants to eligible entities to carry out educational campaigns and provide
training regarding State laws for mandatory reporting of incidents of child
abuse or neglect.
(b)Guidance and
information on best practicesThe Secretary shall develop and disseminate
guidance and information on best practices for—
(1)educational campaigns to educate members of
the public about—
(A)the acts and omissions that constitute
child abuse or neglect under State law;
(B)the
responsibilities of adults to report suspected and known incidents of child
abuse or neglect under State law; and
(C)the ways in which
adults can respond to help children and families without such reporting in a
case in which the circumstances do not constitute child abuse or neglect under
State law but the child or family needs assistance to prevent such
circumstances from deteriorating so as to constitute child abuse or neglect;
and
(2)training programs
to improve such reporting by adults, with a focus on adults who work with
children in a professional or volunteer capacity.
(c)To
be eligible to receive a grant under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may require. In determining whether to make a
grant under this section, the Secretary shall determine whether the educational
campaign or training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
(d)An entity that receives a grant under this section shall
use the funds made available through the grant to carry out an educational
campaign, or provide training, described in subsection (b).
(e)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section $5,000,000 for fiscal year 2012 and $10,000,000 for each of
fiscal years 2013 through
2016.
.
4.Grants to States
for child abuse or neglect prevention and treatment programsSection 106(b)(2)(B) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking
(B) an assurance
and all that follows through clause (i), and
inserting the following:
(B)an assurance in
the form of a certification by the Governor of the State that the State has in
effect and is enforcing a State law, or has in effect and is operating a
statewide program, relating to child abuse and neglect that includes—
(i)provisions or
procedures for an individual to report suspected or known incidents of child
abuse or neglect to a State child protective service agencies or to law
enforcement agencies, which shall include a State law for mandatory reporting
of such incidents, to either type of agency, by any
adult;
.
5.Approaches and
techniques to improve reporting
(a)Section
107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is
amended—
(1)in paragraph
(4)—
(A)in subparagraph
(A), by striking and
at the end; and
(B)by adding at the
end the following:
(C)train adults who
work with children in a professional or volunteer capacity, to report suspected
and known incidents of child abuse or neglect under State law;
and
;
and
(2)in paragraph (5),
by inserting before the period and the training described in paragraph
(4)(C)
.
(b)Section 107(d) of such Act (42 U.S.C. 5107c(e)(2)) is
amended—
(1)in paragraph (1),
by striking and
at the end;
(2)in paragraph (2),
by striking the period and inserting ; and
; and
(3)by adding at the
end the following:
(3)evaluate the
State's efforts to train adults who work with children in a professional or
volunteer capacity, to report suspected and known incidents of child abuse or
neglect under State
law.
.
(c)Adoption of
recommendationsSection
107(e)(1) of such Act (42 U.S.C. 5107c(e)(1)) is amended—
(1)in subparagraph (B), by striking
and
at the end;
(2)in subparagraph
(C), by striking the period and inserting ; and
; and
(3)by adding at the
end the following:
(D)experimental,
model, and demonstration programs for testing innovative approaches and
techniques that may improve reporting of and response to suspected and known
incidents of child abuse or neglect by adults to the State child protective
service agencies or to law enforcement
agencies.
.
6.Section 108 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding
at the end the following:
(f)To be eligible to receive any form of financial
assistance under this title, a State shall include in the corresponding plan or
application an assurance that the State has in effect a State law for mandatory
reporting described in section
106(b)(2)(B)(i).
.
7.Section 110 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the
following:
(e)Report on State
mandatory reporting laws
(1)Not
later than 4 years after the date of enactment of the Speak Up to Protect Every
Abused Kid Act, the Secretary shall collect information on and otherwise study
the efforts of States relating to State laws for mandatory reporting of
incidents of child abuse or neglect, in order to—
(A)assess the
implementation of the amendments made by that Act; and
(B)provide an update
on—
(i)implementation of
State laws for mandatory reporting described in section 106(b)(2)(B)(i);
and
(ii)State efforts to
improve reporting on, and responding to reports of, child abuse or
neglect.
(2)Not
later than 4 years after that date of enactment, the Secretary shall submit to
the appropriate committees of Congress a report containing the findings of the
study.
.
8.Section 204 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended—
(1)in paragraph
(11), by striking and
at the end;
(2)in paragraph
(12), by striking the period and inserting ; and
; and
(3)by adding at the
end the following:
(13)an assurance
that the State has in effect a State law for mandatory reporting described in
section
106(b)(2)(B)(i).
.
9.
(a)Except as provided in subsection (b), this Act takes
effect on the date of enactment of this Act.
(b)Mandatory
reporting requirementsThe
amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding
plans and applications submitted after the date that is 2 years after the date
of enactment of this Act.