[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1879 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1879

   To ensure that States have enacted criminal statutes that require 
  individuals to report child abuse cases to law enforcement or child 
                          protective agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2011

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

_______________________________________________________________________

                                 A BILL


 
   To ensure that States have enacted criminal statutes that require 
  individuals to report child abuse cases to law enforcement or child 
                          protective agencies.

    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 ``Child Abuse Reporting Enforcement 
Act'' or the ``CARE Act''.

SEC. 2. CRIMINAL PENALTIES FOR FAILURE TO REPORT CHILD ABUSE.

    (a) In General.--Section 2002 of the Social Security Act (42 U.S.C. 
1397a) is amended by adding at the end the following new subsection:
    ``(g) Reporting of Child Abuse.--
            ``(1) In general.--A State shall not be eligible for any 
        payment from its allotment under section 2003 if the Secretary 
        determines that the State has failed to satisfy the requirement 
        described in paragraph (2).
            ``(2) State child abuse reporting requirement.--
                    ``(A) In general.--The requirement described in 
                this paragraph is that the State has enacted a law that 
                creates a felony offense with a minimum penalty of 1-
                year imprisonment for any person who, having reasonable 
                cause to believe that a child has been subjected to 
                child abuse or acts of child abuse, fails to report 
                such information immediately to the relevant State law 
                enforcement agency and the child protection agency of 
                the State.
                    ``(B) Immunity.--The law of a State described in 
                subparagraph (A) may provide immunity from civil 
                liability and criminal liability to an individual who 
                reports child abuse or acts of child abuse.
                    ``(C) Child abuse.--For purposes of this paragraph, 
                the terms `child abuse' or `acts of child abuse' shall 
                have the meanings given such terms in the criminal code 
                of the State.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 18 months after the date of the enactment of this Act.
                                 <all>