[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3060 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3060

  To require certain standards and enforcement provisions to prevent 
    child abuse and neglect in residential programs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2015

 Mr. Schiff (for himself, Ms. Ros-Lehtinen, Mrs. Napolitano, Ms. Lee, 
   Mr. Takano, Mr. Grijalva, Ms. Moore, Mr. Tonko, Mr. Hinojosa, Mr. 
DeSaulnier, Mr. Quigley, Mr. McDermott, and Mr. Ted Lieu of California) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require certain standards and enforcement provisions to prevent 
    child abuse and neglect in residential programs, and for other 
                               purposes.

    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 ``Stop Child Abuse in Residential 
Programs for Teens Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (2) Child.--The term ``child'' means an individual who has 
        not attained the age of 18.
            (3) Child abuse and neglect.--The term ``child abuse and 
        neglect'' has the meaning given such term in section 3 of the 
        Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
            (4) Covered program.--
                    (A) In general.--The term ``covered program'' means 
                each facility of a program operated by a public or 
                private entity that, with respect to one or more 
                children who are unrelated to the owner or operator of 
                the program, purports to provide treatment or modify 
                behaviors in a residential environment, such as--
                            (i) a program with a wilderness or outdoor 
                        experience, expedition, or intervention;
                            (ii) a boot camp experience or other 
                        experience designed to simulate characteristics 
                        of basic military training or correctional 
                        regimes;
                            (iii) a therapeutic boarding school; or
                            (iv) a behavioral modification program.
                    (B) Exclusion.--The term ``covered program'' does 
                not include--
                            (i) a hospital licensed by the State; or
                            (ii) a foster family home that provides 24-
                        hour substitute care for children placed away 
                        from their parents or guardians and for whom 
                        the State child welfare services agency has 
                        placement and care responsibility and that is 
                        licensed and regulated by the State as a foster 
                        family home.
            (5) Mechanical restraint.--The term ``mechanical 
        restraint'' has the meaning given the term in section 595(d)(1) 
        of the Public Health Service Act (42 U.S.C. 290jj(d)(1)).
            (6) Physical restraint.--The term ``physical restraint'' 
        means a personal restriction that immobilizes or reduces the 
        ability of an individual to move the individual's arms, legs, 
        torso, or head freely, except that such term does not include 
        voluntary physical escort (as such term is defined in section 
        595(d)(2) of the Public Health Service Act (42 U.S.C. 
        290jj(d)(2))).
            (7) Protection and advocacy system.--The term ``protection 
        and advocacy system'' means a system established by a State 
        under section 143 of the Developmental Disabilities Assistance 
        and Bill of Rights Act of 2000 (42 U.S.C. 15043).
            (8) Seclusion.--The term ``seclusion'' means the 
        involuntary confinement of a child alone in a room or area from 
        which the child is physically prevented from leaving.
            (9) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5101 note).

SEC. 3. STANDARDS AND ENFORCEMENT.

    (a) Minimum Standards.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall require each covered 
        program, in order to provide for the basic health and safety of 
        children at such a program, to meet the following minimum 
        standards:
                    (A) Prohibition on child abuse and neglect.--Child 
                abuse and neglect shall be prohibited.
                    (B) Prohibition on certain disciplinary 
                techniques.--Disciplinary techniques or other practices 
                that involve the withholding of essential food, water, 
                clothing, shelter, or medical care necessary to 
                maintain physical health, mental health, and general 
                safety, shall be prohibited.
                    (C) Prohibition on physical or mental abuse.--Acts 
                of physical or mental abuse designed to humiliate, 
                degrade, or undermine a child's self-respect shall be 
                prohibited.
                    (D) Limitation on restraints and seclusion.--
                            (i) The use of seclusion, mechanical 
                        restraints, and physical restraints that impair 
                        breathing or communication is prohibited.
                            (ii) Physical restraints other than the 
                        restraints described in clause (i) may be used 
                        (if not contraindicated) only in emergency 
                        situations in which a child presents an 
                        imminent danger of harm to self or others and 
                        only after less restrictive interventions have 
                        been determined to be ineffective.
                    (E) Access to communications.--Each child at such a 
                program shall have reasonable access to a telephone, 
                and be informed of their right to such access to 
                maintain frequent contact, including making and 
                receiving scheduled and unscheduled calls, unrestricted 
                written correspondence, and electronic communications 
                with as much privacy as possible, and shall have access 
                to existing and appropriate national, State, and local 
                child abuse reporting hotline numbers.
                    (F) Staff-to-child ratio.--An appropriate ratio of 
                medical, clinical, and line staff to children, as 
                determined by the Secretary, to ensure child safety and 
                the efficacy of treatment.
                    (G) Senior management.--Not less than one full-time 
                licensed clinician or mental health practitioner, as 
                defined by State law, shall be employed as a senior 
                manager of such a program.
                    (H) Licensed clinician.--Not less than one licensed 
                clinician, as defined by State law, shall be present at 
                all times at such a program.
                    (I) Program policies.--Policies to require--
                            (i) parents or legal guardians of a child 
                        attending such a program to notify, in writing, 
                        such program of any medication the child is 
                        taking;
                            (ii) a licensed full-time clinician--
                                    (I) to obtain consent from the 
                                parents or legal guardians of the child 
                                to make any change to the child's 
                                medical treatment, except in the case 
                                of an emergency;
                                    (II) in the case of an emergency, 
                                to notify the parents or guardians 
                                within 24 hours after any change to the 
                                child's medical treatment and the 
                                reason for such change; and
                                    (III) to notify the parents or 
                                guardians within 24 hours after any 
                                changes to the child's prescribed 
                                medication or any missed dosage of 
                                prescribed medication, and the reason 
                                for such change or occurrence; and
                            (iii) the covered program to notify parents 
                        or legal guardians of a child of any changes to 
                        their treating provider team within 48 hours.
                    (J) Notification procedures.--Procedures for 
                notifying immediately, to the maximum extent 
                practicable, but not later than within 6 hours, parents 
                or legal guardians with children at such a program and 
                the appropriate protection and advocacy system of any--
                            (i) on-site investigation of a report of 
                        child abuse and neglect;
                            (ii) violation of the health and safety 
                        standards described in this paragraph; and
                            (iii) violation of State licensing 
                        requirements.
                    (K) Staff disclosures.--Full disclosure, in 
                writing, of staff qualifications and their roles and 
                responsibilities at such a program, including any 
                medical, emergency response, and mental health training 
                received by such staff, shall be given to parents or 
                legal guardians of children at such a program.
                    (L) Disclosure of right of action.--Full 
                disclosure, in writing, of the private right of action 
                established under subsection (b)(3) of this Act, shall 
                be given to parents or legal guardians of children at 
                such a program.
                    (M) Child abuse response training.--Each staff 
                member, including volunteers, at such a program shall 
                be required, as a condition of employment, to become 
                trained in what constitutes child abuse and neglect, 
                State law relating to mandated reporters, and 
                procedures for reporting child abuse and neglect in the 
                State in which such a program is located, and 
                information on existing and appropriate national, 
                State, and local child abuse reporting hotline numbers.
                    (N) Medical response training.--Each staff member, 
                including volunteers, at such a program shall be 
                required, as a condition of employment, to become 
                trained in recognizing the signs, symptoms, and 
                appropriate responses associated with common medical 
                emergencies and mental health crisis, including suicide 
                and worsening symptoms of mental illness.
                    (O) Criminal history check.--
                            (i) Each staff member, including 
                        volunteers, shall be required, as a condition 
                        of employment, to submit to a criminal history 
                        check, including a name-based search of the 
                        National Sex Offender Registry established 
                        pursuant to the Adam Walsh Child Protection and 
                        Safety Act of 2006 (42 U.S.C. 16901 et seq.), a 
                        search of the State criminal registry or 
                        repository in the State in which the covered 
                        program is operating, and a Federal Bureau of 
                        Investigation fingerprint check. An individual 
                        shall be ineligible to serve in a position with 
                        any contact with children at a covered program 
                        if any such record check reveals a violent 
                        felony conviction that, by virtue of its 
                        nature, proximity in time, or other factor, 
                        presents a direct increase to a child's risk of 
                        harm in the program as determined by the 
                        Secretary.
                            (ii) The covered program shall provide an 
                        independent process by which an applicant or 
                        staff member who is determined to be ineligible 
                        as a result of a criminal history check under 
                        clause (i) shall have the right--
                                    (I) to obtain a copy of the report 
                                resulting from the check; and
                                    (II) within 10 business days after 
                                receipt of the report, to appeal, in 
                                order to dispute the accuracy of the 
                                information obtained through the check.
                    (P) Informational materials.--Full disclosure, in 
                writing on promotional and informational materials 
                produced by such a program, shall be given to parents 
                or legal guardians of children at such a program, which 
                shall include--
                            (i) the name and location of a covered 
                        program, including the names of any owners and 
                        operators;
                            (ii) the numbers and percentages of 
                        children who terminated participation prior to 
                        completion of that program in the past 5 years, 
                        including discharges against medical advice;
                            (iii) any past violations of the standards 
                        under section 3(a)(1) and any penalties levied 
                        against the program as a result of such 
                        violations;
                            (iv) its most updated status with State 
                        licensing requirements;
                            (v) the number of deaths that occurred in 
                        that program for up to a period of 10 years, 
                        including the cause of each death;
                            (vi) the names of owners and operators that 
                        have violated State licensing requirements;
                            (vii) information on evidence-based or 
                        promising practices employed as treatment of a 
                        covered program, including information to aid 
                        parents in finding community-based resources; 
                        and
                            (viii) any national, State, and local 
                        telephone hotline numbers made available to 
                        children and staff to report complaints of 
                        abuse and violations.
                    (Q) Treatment and discharge plans.--Covered 
                programs shall work with the parent or legal guardian 
                and the child's community providers in the development, 
                modification, and implementation of treatment and 
                discharge plans, including a plan for community 
                reintegration and linkage to community-based providers 
                and supports.
                    (R) Prohibition on discrimination.--Ensure that no 
                person shall, on the basis of actual or perceived race, 
                color, religion, national origin, sex, gender identity, 
                sexual orientation, or disability, be subjected to 
                discrimination under any program or activity, in whole 
                or in part, covered by this Act.
                    (S) Evidence-based practices.--Ensure that covered 
                programs employ safe, evidence-based practices, and 
                that children are protected against harmful or 
                fraudulent practices including isolation and 
                restraints.
                    (T) Other standards.--Any other standards the 
                Secretary determines appropriate to provide for the 
                basic health and safety of children at such a program.
            (2) Regulations.--
                    (A) Interim regulations.--Not later than 180 days 
                after the date of enactment of this Act, the Secretary 
                shall promulgate and enforce interim regulations to 
                carry out paragraph (1).
                    (B) Public comment.--The Secretary shall, for a 90-
                day period beginning on the date of the promulgation of 
                interim regulations under subparagraph (A) of this 
                paragraph, solicit and accept public comment concerning 
                such regulations. Such public comment shall be 
                submitted in written form.
                    (C) Final regulations.--Not later than 90 days 
                after the conclusion of the 90-day period referred to 
                in subparagraph (B) of this paragraph, the Secretary 
                shall promulgate and enforce final regulations to carry 
                out paragraph (1).
    (b) Monitoring and Enforcement.--
            (1) Review process.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall implement a 
        review process for overseeing, investigating, and evaluating 
        reports of child abuse and neglect at covered programs received 
        by the Secretary from the appropriate State, in accordance with 
        section 114(b)(3) of the Child Abuse Prevention and Treatment 
        Act, as added by section 7 of this Act. Such review process 
        shall--
                    (A) include an investigation to determine if a 
                violation of the standards required under subsection 
                (a)(1) has occurred; and
                    (B) include consultation and collaboration with 
                relevant Federal and State agencies.
            (2) Civil penalties.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall promulgate 
        regulations establishing civil penalties for violations of the 
        standards required under subsection (a)(1). The regulations 
        establishing such penalties shall incorporate the following:
                    (A) Amount.--Any owner or operator of a covered 
                program at which the Secretary has found a violation of 
                the standards required under subsection (a)(1) may be 
                assessed a civil penalty not to exceed $50,000 per 
                violation.
                    (B) Deposit to treasury.--All penalties collected 
                under this subsection shall be deposited in the 
                appropriate account of the Treasury of the United 
                States.
            (3) Private right of action.--Any person who suffers injury 
        by reason of a violation of this section may maintain a civil 
        action against the violator to obtain appropriate compensatory 
        damages and injunctive relief or other equitable relief.
    (c) Action.--The Secretary shall establish a process to assist 
States in the oversight and enforcement of this Act, which shall 
include--
            (1) assisting States in implementing oversight mechanisms 
        to ensure compliance with the standards under subsection 
        (a)(1);
            (2) maintaining oversight of covered programs in cases in 
        which a State has not established mechanisms sufficient to 
        ensure compliance with the standards under subsection (a)(1) 
        within 3 years after the date of the enactment of this Act; and
            (3) encouraging the use of local, State, or national 
        hotline numbers for the reporting of child abuse and any other 
        resources the Secretary determines to be appropriate.

SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.

    If the Secretary determines that a violation of section (3)(a)(1) 
has not been remedied through the enforcement process described in 
subsection (b)(2) of such section, the Secretary shall refer such 
violation to the Attorney General for appropriate action. Regardless of 
whether such a referral has been made, the Attorney General may, sua 
sponte, file a complaint in any court of competent jurisdiction seeking 
equitable relief or any other relief authorized by this Act for such 
violation.

SEC. 5. REPORT.

    Not later than 1 year after the date of enactment of this Act and 
annually thereafter, the Secretary of Health and Human Services, in 
coordination with the Attorney General shall submit to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate, a report on 
the activities carried out by the Secretary and the Attorney General, 
as authorized and mandated under this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Health 
and Human Services $5,000,000 for each of fiscal years 2016 through 
2020 to carry out this Act (excluding the amendment made by section 7 
of this Act).

SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO 
              PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.

    (a) In General.--Title I of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end 
the following new section:

``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO 
              PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Child.--The term `child' means an individual who has 
        not attained the age of 18.
            ``(2) Covered program.--
                    ``(A) In general.--The term `covered program' means 
                each facility of a program operated by a public or 
                private entity that, with respect to one or more 
                children who are unrelated to the owner or operator of 
                the program, purports to provide treatment or modify 
                behaviors in a residential environment, such as--
                            ``(i) a program with a wilderness or 
                        outdoor experience, expedition, or 
                        intervention;
                            ``(ii) a boot camp experience or other 
                        experience designed to simulate characteristics 
                        of basic military training or correctional 
                        regimes;
                            ``(iii) a therapeutic boarding school; or
                            ``(iv) a behavioral modification program.
                    ``(B) Exclusion.--The term `covered program' does 
                not include--
                            ``(i) a hospital licensed by the State; or
                            ``(ii) a foster family home that provides 
                        24-hour substitute care for children placed 
                        away from their parents or guardians and for 
                        whom the State child welfare services agency 
                        has placement and care responsibility and that 
                        is licensed and regulated by the State as a 
                        foster family home.
    ``(b) Eligibility Requirements.--To be eligible to receive a grant 
under section 106, a State shall--
            ``(1) not later than 3 years after the date of enactment of 
        this section, develop policies and procedures to prevent child 
        abuse and neglect at covered programs operating in such State, 
        including standards that meet or exceed the standards required 
        under section 3(a)(1) of the Stop Child Abuse in Residential 
        Programs for Teens Act of 2015;
            ``(2) provide a private right of action under State law for 
        any person who suffers injury by reason of a violation of the 
        standards required under paragraph (1);
            ``(3) develop policies and procedures to enforce compliance 
        with the requirements developed in accordance with paragraph 
        (1), including--
                    ``(A) establishing and monitoring health and safety 
                licensing requirements applicable to and necessary for 
                the operation of each location of such covered programs 
                in the State; and
                    ``(B) conducting unannounced site inspections at 
                each location of a covered program;
            ``(4) develop policies and procedures for timely 
        notification to the Secretary and the appropriate protection 
        and advocacy system if--
                    ``(A) the State determines there is evidence of a 
                pattern of violations of the standards required under 
                paragraph (1) at a covered program operating in the 
                State or by an owner or operator of such a program; or
                    ``(B) there is a child fatality at a covered 
                program operating in the State; and
            ``(5) annually submit to the Secretary a report that 
        includes all covered programs within their jurisdiction, 
        including any violations by each program or any information 
        deemed by the Secretary to be necessary for enforcement of this 
        Act.
    ``(c) Oversight.--if the Secretary determines that the State is not 
satisfying the requirements of this subsection within 3 years of 
enactment of this Act, the Secretary shall provide assistance to the 
State to satisfy such requirements or withhold funding until such 
policies and procedures are established.''.
    (b) Authorization of Appropriations.--Section 112(a)(1) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is 
amended by striking ``$120,000,000'' and all that follows through the 
period and inserting ``$200,000,000 for each of fiscal years 2016 
through 2020.''.
    (c) Conforming Amendments.--
            (1) Coordination with available resources.--Section 
        103(c)(1)(D) of the Child Abuse Prevention and Treatment Act 
        (42 U.S.C. 5104(c)(1)(D)) is amended by inserting after 
        ``specific'' the following: ``(including reports of child abuse 
        and neglect occurring at covered programs (except that such 
        reports shall not contain any personally identifiable 
        information relating to the identity of individuals who were 
        the victims of such child abuse and neglect), as such term is 
        defined in section 114)''.
            (2) Further requirement.--Section 106(b)(1) of the Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is 
        amended by adding at the end the following new subparagraph:
                    ``(D) Further requirement.--To be eligible to 
                receive a grant under this section, a State shall 
                comply with the requirements under section 114(b) and 
                shall include in the State plan submitted pursuant to 
                subparagraph (A) a description of the activities the 
                State will carry out to comply with the requirements 
                under such section 114(b).''.
            (3) Annual state data reports.--Section 106(d) of the Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
        amended--
                    (A) in paragraph (1), by inserting before the 
                period at the end the following: ``(including reports 
                of child abuse and neglect occurring at covered 
                programs (except that such reports shall not contain 
                any personally identifiable information relating to the 
                identity of individuals who were the victims of such 
                child abuse and neglect), as such term is defined in 
                section 114)''; and
                    (B) in paragraph (6), by inserting before the 
                period at the end the following: ``or who were in the 
                care of a covered program, as such term is defined in 
                section 114''.
    (d) Clerical Amendment.--Section 1(b) of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after 
the item relating to section 113 the following new item:

``Sec. 114. Additional eligibility requirements for grants to States to 
                            prevent child abuse and neglect at 
                            residential programs.''.
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