[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2480 Reported in House (RH)]
<DOC>
Union Calendar No. 50
116th CONGRESS
1st Session
H. R. 2480
[Report No. 116-74]
To reauthorize the Child Abuse Prevention and Treatment Act, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2019
Ms. Schrier (for herself, Mr. Comer, Mrs. Trahan, Mr. Johnson of South
Dakota, Ms. Bonamici, Ms. Stefanik, Mr. Scott of Virginia, and Ms. Foxx
of North Carolina) introduced the following bill; which was referred to
the Committee on Education and Labor
May 20, 2019
Additional sponsors: Mr. Fitzpatrick, Mr. Guthrie, Mr. Walberg, Mr.
Banks, Mr. Taylor, Mr. Meuser, Mr. Timmons, Mr. Morelle, Ms. Wilson of
Florida, Mrs. Hayes, Ms. Omar, Mr. Trone, Mr. Takano, Mr. DeSaulnier,
Mrs. Davis of California, Ms. Wild, Mr. Levin of Michigan, Mr. Thompson
of Pennsylvania, Mr. Smucker, Mr. Watkins, Mr. Wright, Ms. Jayapal, Mr.
Harder of California, Ms. Shalala, Mrs. Lee of Nevada, Ms. Stevens, Mr.
Huffman, Mr. Langevin, Mr. Stivers, Mr. Allen, Mr. Byrne, Mr. Rooney of
Florida, Mrs. McBath, Mr. Castro of Texas, Ms. Adams, Mr. Lipinski, Ms.
Norton, Mr. Sean Patrick Maloney of New York, Ms. Porter, Ms. Scanlon,
Ms. Finkenauer, and Mr. Sherman
May 20, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 2,
2019]
_______________________________________________________________________
A BILL
To reauthorize the Child Abuse Prevention and Treatment Act, 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 ``Stronger Child Abuse Prevention and
Treatment Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROGRAM
Sec. 101. Repeal of findings.
Sec. 102. Repeal of Advisory Board on Child Abuse and Neglect.
Sec. 103. National clearinghouse for information relating to child
abuse.
Sec. 104. Research and assistance activities.
Sec. 105. Grants to States, Indian Tribes or tribal organizations, and
public or private agencies and
organizations.
Sec. 106. Grants to States for child abuse or neglect prevention and
treatment programs.
Sec. 107. Miscellaneous requirements.
Sec. 108. Reports.
Sec. 109. Authorization of appropriations.
Sec. 110. Electronic interstate data exchange system.
Sec. 111. Technical and conforming amendments.
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
Sec. 201. Purpose and authority.
Sec. 202. Eligibility.
Sec. 203. Amount of grant.
Sec. 204. Application.
Sec. 205. Local program requirements.
Sec. 206. Performance measures.
Sec. 207. National network for community-based family resource
programs.
Sec. 208. Definitions.
Sec. 209. Rule of construction.
Sec. 210. Authorization of appropriations.
Sec. 211. Study and report.
TITLE III--ADOPTION OPPORTUNITIES
Sec. 301. Purpose.
Sec. 302. Report and guidance on unregulated custody transfers.
Sec. 303. Information and services.
Sec. 304. Study and report on successful adoptions.
Sec. 305. Authorization of appropriations.
TITLE I--GENERAL PROGRAM
SEC. 101. REPEAL OF FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is repealed.
SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
Section 102 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5102) is repealed.
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
Section 103 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104) is amended--
(1) in subsection (b)(1), by inserting ``early learning
programs and'' after ``including'';
(2) in subsection (c)(1)(C)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by adding ``and'' at the end;
and
(C) by adding at the end the following:
``(v) the number of child fatalities and
near fatalities due to maltreatment, as
reported by States in accordance with the
uniform standards established pursuant to
subsection (d), and any other relevant
information related to such fatalities;''; and
(3) by adding at the end the following:
``(d) Uniform Standards for Tracking and Reporting of Child
Fatalities Resulting From Maltreatment.--
``(1) Regulations required.--Not later than 24 months after
the date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, the Secretary shall develop and
issue final regulations establishing uniform standards for the
tracking and reporting of child fatalities and near-fatalities
resulting from maltreatment. As a condition on eligibility for
receipt of funds under section 106, the standards established
under this paragraph shall be used by States for the tracking
and reporting of such fatalities under subsection (d) of such
section.
``(2) Maintenance of state law.--Notwithstanding the
uniform standards developed under paragraph (1), a State that
defines or describes such fatalities for any purpose other than
tracking and reporting under this subsection may continue to
use that definition or description for such purpose.
``(3) Negotiated rulemaking.--In developing regulations
under paragraph (1), the Secretary shall submit such
regulations to a negotiated rulemaking process, which shall
include the participants described in paragraph (4).
``(4) Participants described.--The participants described
in this paragraph are--
``(A) State and county officials responsible for
administering the State plans under this Act and parts
B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.);
``(B) child welfare professionals with field
experience;
``(C) child welfare researchers;
``(D) domestic violence researchers;
``(E) domestic violence professionals;
``(F) child development professionals;
``(G) mental health professionals;
``(H) pediatric emergency medicine physicians;
``(I) child abuse pediatricians, as certified by
the American Board of Pediatrics, who specialize in
treating victims of child abuse;
``(J) forensic pathologists;
``(K) public health administrators;
``(L) public health researchers;
``(M) law enforcement;
``(N) family court judges;
``(O) prosecutors;
``(P) medical examiners and coroners;
``(Q) a representative from the National Center for
Fatality Review and Prevention; and
``(R) such other individuals and entities as the
Secretary determines to be appropriate.''.
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
Section 104 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5105) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Topics.--The Secretary shall, in consultation with
other Federal agencies and recognized experts in the field,
carry out a continuing interdisciplinary program of research,
including longitudinal research, that is designed to provide
information needed to improve primary prevention of child abuse
and neglect, better protect children from child abuse or
neglect, and improve the well-being of victims of child abuse
or neglect, with at least a portion of such research being
field initiated. Such research program may focus on--
``(A) disseminating evidence-based treatment
directed to individuals and families experiencing
trauma due to child abuse and neglect, including
efforts to improve the scalability of the treatments
and programs being researched;
``(B) developing a set of evidence-based approaches
to support child and family well-being and developing
ways to identify, relieve, and mitigate stressors
affecting families in rural, urban, and suburban
communities;
``(C) establishing methods to promote racial equity
in the child welfare system, including a focus on how
neglect is defined, how services are provided, and the
unique impact on Native American, Alaska Native, and
Native Hawaiian communities;
``(D) improving service delivery or outcomes for
child welfare service agencies engaged with families
experiencing domestic violence, substance use disorder,
or other complex needs;
``(E) the extent to which the number of
unsubstantiated, unfounded, and false reported cases of
child abuse or neglect have contributed to the
inability of a State to respond effectively to serious
cases of child abuse or neglect;
``(F) the extent to which the lack of adequate
resources and the lack of adequate professional
development of individuals required by law to report
suspected cases of child abuse and neglect have
contributed to the inability of a State to respond
effectively to serious cases of child abuse and
neglect;
``(G) the extent to which unsubstantiated reports
return as more serious cases of child abuse or neglect;
``(H) the incidence and outcomes of child abuse and
neglect allegations reported within the context of
divorce, custody, or other family court proceedings,
and the interaction between family courts and the child
protective services system;
``(I) the information on the national incidence of
child abuse and neglect specified in clauses (i)
through (xi) of subparagraph (J); and
``(J) the national incidence of child abuse and
neglect, including--
``(i) the extent to which incidents of
child abuse and neglect are increasing or
decreasing in number and severity;
``(ii) the incidence of substantiated and
unsubstantiated reported child abuse and
neglect cases;
``(iii) the number of substantiated cases
that result in a judicial finding of child
abuse or neglect or related criminal court
convictions;
``(iv) the extent to which the number of
unsubstantiated, unfounded and false reported
cases of child abuse or neglect have
contributed to the inability of a State to
respond effectively to serious cases of child
abuse or neglect;
``(v) the extent to which the lack of
adequate resources and the lack of adequate
education of individuals required by law to
report suspected cases of child abuse and
neglect have contributed to the inability of a
State to respond effectively to serious cases
of child abuse and neglect;
``(vi) the number of unsubstantiated,
false, or unfounded reports that have resulted
in a child being placed in substitute care, and
the duration of such placement;
``(vii) the extent to which unsubstantiated
reports return as more serious cases of child
abuse or neglect;
``(viii) the incidence and prevalence of
physical, sexual, and emotional abuse and
physical and emotional neglect in substitute
care;
``(ix) the incidence and prevalence of
child maltreatment by a wide array of
demographic characteristics such as age, sex,
race, family structure, household relationship
(including the living arrangement of the
resident parent and family size), school
enrollment and education attainment,
disability, grandparents as caregivers, labor
force status, work status in previous year, and
income in previous year;
``(x) the extent to which reports of
suspected or known instances of child abuse or
neglect involving a potential combination of
jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal, are being
screened out solely on the basis of the cross-
jurisdictional complications; and
``(xi) the incidence and outcomes of child
abuse and neglect allegations reported within
the context of divorce, custody, or other
family court proceedings, and the interaction
between family courts and the child protective
services system.'';
(B) in paragraph (2), by striking ``paragraph
(1)(O)'' and inserting ``paragraph (1)(J)'';
(C) by amending paragraph (3) to read as follows:
``(3) Reporting requirements.--
``(A) In general.--Not later than 4 years after the
date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, the Secretary shall
prepare and 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 that contains the results of the research
conducted under paragraph (2).
``(B) National incidence.--The Secretary shall
ensure that research conducted, and data collected,
under paragraph (1)(J) are reported in a way that will
allow longitudinal comparisons as well as comparisons
to the national incidence studies conducted under this
title.''; and
(D) by striking the second paragraph (4);
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Areas of emphasis.--Such technical assistance--
``(A) shall focus on--
``(i) implementing strategies that can
leverage existing community-based and State
funded resources to prevent child abuse and
neglect and providing education for individuals
involved in prevention activities;
``(ii) reducing racial bias in child
welfare systems, including how such systems
interact with health, law enforcement, and
education systems;
``(iii) promoting best practices for
families experiencing domestic violence,
substance use disorder, or other complex needs;
and
``(iv) providing professional development
and other technical assistance to child welfare
agencies to improve the understanding of and to
help address the effects of trauma and adverse
childhood experiences in parents and children
in contact with the child welfare system; and
``(B) may include the identification of--
``(i) various methods and procedures for
the investigation, assessment, and prosecution
of child physical and sexual abuse cases;
``(ii) ways to mitigate psychological
trauma to the child victim;
``(iii) effective programs carried out by
the States under titles I and II; and
``(iv) effective approaches being utilized
to link child protective service agencies with
health care, mental health care, and
developmental services and early intervention
to improve forensic diagnosis and health
evaluations, and barriers and shortages to such
linkages.'';
(3) in subsection (c), by striking paragraph (3); and
(4) by striking subsection (e).
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND
PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.
Section 105 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph
(11);
(B) by striking paragraphs (1) through (6) and
inserting the following:
``(1) Prevention services.--The Secretary may award grants
under this subsection to entities to establish or expand
prevention services that reduce incidences of child
maltreatment and strengthen families.
``(2) Traumatic stress.--The Secretary may award grants
under this subsection to entities to address instances of
traumatic stress in families due to child abuse and neglect,
especially for families with complex needs or families that
exhibit high levels of adverse childhood experiences.
``(3) Promoting a high-quality workforce.--The Secretary
may award grants under this subsection to entities to carry out
programs or strategies that promote a high-quality workforce in
the child welfare system through---
``(A) improvements to recruitment, support, or
retention efforts; or
``(B) education for professionals and
paraprofessionals in the prevention, identification,
and treatment of child abuse and neglect.
``(4) Improving coordination.--The Secretary may award
grants under this subsection to entities to carry out
activities to improve intrastate coordination within the child
welfare system. Such activities may include--
``(A) aligning information technology systems;
``(B) improving information sharing regarding child
and family referrals; or
``(C) creating collaborative voluntary partnerships
among public and private agencies, the State's child
protective services, local social service agencies,
community-based family support programs, State and
local legal agencies, developmental disability
agencies, substance use disorder treatment providers,
health care providers and agencies, domestic violence
prevention programs, mental health services, schools
and early learning providers, religious entities, and
other community-based programs.
``(5) Primary prevention.--The Secretary may award grants
under this subsection to entities to carry out or expand
primary prevention programs or strategies that address family
or community protective factors.
``(6) Neglect due to economic insecurity.--The Secretary
may award grants under this subsection to entities to carry out
programs or strategies that reduce findings of child neglect
due in full or in part to family economic insecurity.
``(7) Education of mandatory reporters.--The Secretary may
award grants under this subsection to entities for projects
that involve research-based strategies for innovative education
of mandated child abuse and neglect reporters, and for victims
to understand mandatory reporting.
``(8) Sentinel injuries.--The Secretary may award grants
under this subsection to entities to identify and test
effective practices to improve early detection and management
of injuries indicative of potential abuse in infants to prevent
future cases of child abuse and related fatalities.
``(9) Innovative partnerships.--The Secretary may award
grants under this subsection to entities to carry out
innovative programs or strategies to coordinate the delivery of
services to help reduce child abuse and neglect via
partnerships among health, mental health, education (including
early learning and care programs as appropriate), and child
welfare agencies and providers.
``(10) Reducing child abuse and neglect due to the
substance use disorder of a parent or caregiver.--The Secretary
may award grants under this subsection to entities to carry out
activities to reduce child abuse and neglect due to the
substance use disorder of a parent or caregiver.''; and
(C) by adding at the end the following:
``(12) National child abuse hotline.--
``(A) In general.--The Secretary may award a grant
under this subsection to a nonprofit entity to provide
for the ongoing operation of a 24-hour, national, toll-
free telephone hotline to provide information and
assistance to youth victims of child abuse or neglect,
parents, caregivers, mandated reporters, and other
concerned community members, including through
alternative modalities for communications (such as
texting or chat services) with such victims and other
information seekers.
``(B) Priority.--In awarding grants described in
this paragraph, the Secretary shall give priority to
applicants with experience in operating a hotline that
provides assistance to victims of child abuse, parents,
caregivers, and mandated reporters.
``(C) Application.--To be eligible to receive a
grant described in this paragraph, a nonprofit entity
shall submit an application to the Secretary that
shall--
``(i) contain such assurances and
information, be in such form, and be submitted
in such manner, as the Secretary shall
prescribe;
``(ii) include a complete description of
the entity's plan for the operation of a
national child abuse hotline, including
descriptions of--
``(I) the professional development
program for hotline personnel,
including technology professional
development to ensure that all persons
affiliated with the hotline are able to
effectively operate any technological
systems used by the hotline;
``(II) the qualifications for
hotline personnel;
``(III) the methods for the
creation, maintenance, and updating of
a comprehensive list of prevention and
treatment service providers;
``(IV) a plan for publicizing the
availability of the hotline throughout
the United States;
``(V) a plan for providing service
to non-English speaking callers,
including service through hotline
personnel who have non-English language
capability;
``(VI) a plan for facilitating
access to the hotline and alternative
modality services by persons with
hearing impairments and disabilities;
``(VII) a plan for providing crisis
counseling, general assistance, and
referrals to youth victims of child
abuse; and
``(VIII) a plan to offer
alternative services to calling, such
as texting or live chat;
``(iii) demonstrate that the entity has the
capacity and the expertise to maintain a child
abuse hotline and a comprehensive list of
service providers;
``(iv) demonstrate the ability to provide
information and referrals for contacts,
directly connect contacts to service providers,
and employ crisis interventions;
``(v) demonstrate that the entity has a
commitment to providing services to individuals
in need; and
``(vi) demonstrate that the entity complies
with State privacy laws and has established
quality assurance practices.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Goals and Performance.--The Secretary shall ensure that each
entity receiving a grant under this section--
``(1) establishes quantifiable goals for the outcome of the
project funded with the grant; and
``(2) adequately measures the performance of the project
relative to such goals.
``(c) Performance Report Required.--
``(1) In general.--Each entity that receives a grant under
this section shall submit to the Secretary a performance report
that includes--
``(A) an evaluation of the effectiveness of the
project funded with the grant relative to the goals
established for such project under subsection (b)(1);
and
``(B) data supporting such evaluation.
``(2) Submission.--The report under paragraph (1) shall be
submitted to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Continuing Grants.--The Secretary may only award a continuing
grant to an entity under this section if such entity submits a
performance report required under subsection (c) that demonstrates
effectiveness of the project funded.''.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Subsection (a) of section
106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a)
is amended to read as follows:
``(a) Development and Operation Grants.--The Secretary shall make
grants to the States, from allotments under subsection (f) for each
State that applies for a grant under this section, for purposes of
assisting the States in improving and implementing a child protective
services system that is family-centered, integrates community services,
and is capable of providing rapid response to high-risk cases, by
carrying out the following:
``(1) Conducting the intake, assessment, screening, and
investigation of reports of child abuse or neglect.
``(2) Ensuring that reports concerning a child's living
arrangements or subsistence needs are addressed through
services or benefits and that no child is separated from such
child's parent for reasons of poverty.
``(3) Creating and improving the use of multidisciplinary
teams and interagency, intra-agency, interstate, and intrastate
protocols to enhance fair investigations; and improving legal
preparation and representation.
``(4) Complying with the assurances in section 106(b)(2).
``(5) Establishing State and local networks of child and
family service providers that support child and family well-
being, which shall--
``(A) include child protective services, as well as
agencies and service providers, that address family-
strengthening, parenting skills, child development,
early childhood care and learning, child advocacy,
public health, mental health, substance use disorder
treatment, domestic violence, developmental
disabilities, housing, juvenile justice, elementary and
secondary education, and child placement; and
``(B) address instances of child abuse and neglect
by incorporating evaluations that assess the
development of a child, including language and
communication, cognitive, physical, and social and
emotional development, the need for mental health
services, including trauma-related services, trauma-
informed care, and parental needs.
``(6) Ensuring child protective services is addressing the
safety of children and responding to parent and family needs,
which shall include--
``(A) family-oriented efforts that emphasize case
assessment and follow up casework focused on child
safety and child and parent well-being, which may
include--
``(i) ensuring parents and children undergo
physical and mental health assessments, as
appropriate, and ongoing developmental
monitoring;
``(ii) multidisciplinary approaches to
assessing family needs and connecting the
family with services, including prevention
services under section 471 of the Social
Security Act (42 U.S.C. 671);
``(iii) organizing a treatment team with
the goal of preventing child abuse and neglect,
and improving parent and child well-being;
``(iv) case monitoring that supports child
well-being; and
``(v) differential response efforts; and
``(B) establishing and maintaining a rapid response
system that responds promptly to all reports of child
abuse or neglect, with special attention to cases
involving children under 3 years of age.
``(7) Educating caseworkers, community service providers,
attorneys, health care professionals, parents, and others
engaged in the prevention, intervention, and treatment of child
abuse and neglect, which shall include education on--
``(A) practices that help ensure child safety and
well-being;
``(B) approaches to family-oriented prevention,
intervention, and treatment of child abuse and neglect;
``(C) early childhood, child, and adolescent
development, and the impact of adverse childhood
experiences on such development;
``(D) the relationship between child abuse and
domestic violence, and support for non-abusing parents;
``(E) strategies to work with families impacted by
substance use disorder and mental health issues (and,
when appropriate, be coordinated with prevention
efforts funded under section 471 of the Social Security
Act (42 U.S.C. 671));
``(F) effective use of multiple services to address
family and child needs, including needs resulting from
trauma;
``(G) efforts to improve family and child well-
being;
``(H) support for child welfare workers affected by
secondary trauma; and
``(I) supporting families and caregivers to combat
and prevent unsubstantiated, unfounded, or false
reports, including through education on the rights of
families and caregivers.
``(8) Creating or improving data systems that allow for--
``(A) the identification of cases requiring prompt
responses;
``(B) real-time case monitoring that tracks
assessments, service referrals, follow-up, case
reviews, and progress toward parent and child goals;
and
``(C) sharing basic identifying data with law
enforcement, as necessary.
``(9) Improving the general child protective system by
developing, improving, and implementing safety assessment
tools, providing that such tools, protocols, and systems shall
not authorize the separation of any child from the legal parent
or guardian of such child solely on the basis of poverty, or
without a judicial order, except in the case of imminent
harm.''.
(b) Eligibility Requirements.--
(1) State plan.--Paragraph (1) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended to read as follows:
``(1) State plan.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit to the
Secretary a State plan that--
``(i) specifies how the grant will be used,
and the State's strategic plan, to treat child
abuse and neglect and enhance community-based,
prevention-centered approaches that attempt to
prevent child abuse and neglect while
strengthening and supporting families whenever
possible; and
``(ii) meets the requirements of this
subsection.
``(B) Coordination and consultation.--
``(i) Coordination.--Each State, to the
maximum extent practicable, shall coordinate
its State plan under this subsection with its
State plan under part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.)
relating to child and family services and, in
States electing to provide services under part
E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) relating to foster care
prevention services, its State plan under such
part E.
``(ii) Consultation.--In developing a State
plan under this subsection, a State shall
consult with community-based prevention and
service agencies, parents and families affected
by child abuse or neglect in the State, law
enforcement, family court judges, prosecutors
who handle criminal child abuse cases, and
medical professionals engaged in the treatment
of child abuse and neglect.
``(C) Duration and submission of plan.--Each State
plan shall--
``(i) be submitted not less than every 5
years; and
``(ii) if necessary, revised by the State
to inform the Secretary of any substantive
changes, including--
``(I) any changes to State law or
regulations, relating to the prevention
of child abuse and neglect that may
affect the eligibility of the State
under this section; or
``(II) any changes in the State's
activities, strategies, or programs
under this section.''.
(2) Contents.--Paragraph (2) of section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended to read as follows:
``(2) Contents.--A State plan submitted under paragraph (1)
shall contain a description of the activities that the State
will carry out using amounts received under the grant to
achieve the objectives of this title, including--
``(A) 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 known and suspected
instances of child abuse and neglect, including
a State law for mandatory reporting by
individuals required to report such instances;
``(ii) procedures for the immediate
screening, risk and safety assessment, and
prompt investigation of such reports of alleged
abuse and neglect in order to ensure the well-
being and safety of children;
``(iii) procedures for immediate steps to
be taken to ensure and protect the safety of a
victim of child abuse or neglect and of any
other child under the same care who may also be
in danger of child abuse or neglect and
ensuring their placement in a safe environment;
``(iv) methods to preserve the
confidentiality of all records in order to
protect the rights of the child and of the
child's parents or guardians, including
requirements ensuring that reports and records
made and maintained pursuant to the purposes of
this Act shall only be made available to--
``(I) individuals who are the
subject of the report;
``(II) Federal, State, or local
government entities, or any agent of
such entities, as described in clause
(xi) of this subparagraph;
``(III) child abuse citizen review
panels;
``(IV) child fatality review
panels;
``(V) a grand jury or court, upon a
finding that information in the record
is necessary for the determination of
an issue before the court or grand
jury; and
``(VI) other entities or classes of
individuals statutorily authorized by
the State to receive such information
pursuant to a legitimate State purpose;
``(v) provisions and procedures requiring
that in every case involving a victim of child
abuse or neglect which results in a judicial
proceeding, a guardian ad litem, who has
received education appropriate to the role,
including education in early childhood, child,
and adolescent development, and domestic
violence, and who may be an attorney or a court
appointed special advocate who has received
education appropriate to that role (or both),
shall be appointed to represent the child (who,
for purposes of this section, shall have any
age limit elected by the State pursuant to
section 475(8)(B)(iii) of the Social Security
Act (42 U.S.C. 675(8)(B)(iii)) in such
proceedings--
``(I) to obtain first-hand, a clear
understanding of the situation and
needs of such child; and
``(II) to make recommendations to
the court concerning the best interests
of such child;
``(vi) the establishment of citizen review
panels in accordance with subsection (c);
``(vii) provisions and procedures to
require that a representative of the child
protective services agency shall, at the
initial time of contact with the individual
subject to a child abuse or neglect
investigation, advise the individual of the
complaints or allegations made against the
individual, in a manner that is consistent with
laws protecting the rights of the informant;
``(viii) provisions, procedures, and
mechanisms--
``(I) for the expedited termination
of parental rights in the case of any
infant determined to be abandoned under
State law; and
``(II) by which individuals who
disagree with an official finding of
child abuse or neglect can appeal such
finding;
``(ix) provisions addressing the
professional development of representatives of
the child protective services system regarding
the legal duties of the representatives, which
may consist of various methods of informing
such representatives of such duties (including
providing such education in different languages
if necessary), in order to protect the legal
rights and safety of children and their parents
and caregivers from the initial time of contact
during investigation through treatment;
``(x) provisions for immunity from civil or
criminal liability under State and local laws
and regulations for individuals making good
faith reports of suspected or known instances
of child abuse or neglect, or who otherwise
provide information or assistance, including
medical evaluations or consultations, in
connection with a report, investigation, or
legal intervention pursuant to a good faith
report of child abuse or neglect;
``(xi) provisions to require the State to
disclose confidential information to any
Federal, State, or local government entity, or
any agent of such entity, that has a need for
such information in order to carry out its
responsibilities under law to protect children
from child abuse and neglect;
``(xii) provisions requiring, and
procedures in place that facilitate the prompt
expungement of any records that are accessible
to the general public or are used for purposes
of employment or other background checks in
cases determined to be unsubstantiated or
false, except that nothing in this section
shall prevent State child protective services
agencies from keeping information on
unsubstantiated reports in their casework files
to assist in future risk and safety assessment;
``(xiii) provisions and procedures for
requiring criminal background record checks
that meet the requirements of section
471(a)(20) of the Social Security Act (42
U.S.C. 671(a)(20)) for prospective foster and
adoptive parents and other adult relatives and
non- relatives residing in the household;
``(xiv) provisions for systems of
technology that support the State child
protective services system and track reports of
child abuse and neglect from intake through
final disposition;
``(xv) provisions and procedures requiring
identification and assessment of all reports
involving children known or suspected to be
victims of sex trafficking (as defined in
section 103(12) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102 (12));
``(xvi) provisions, procedures, and
mechanisms that assure that the State does not
require reunification of a surviving child with
a parent who has been found by a court of
competent jurisdiction--
``(I) to have committed murder
(which would have been an offense under
section 1111(a) of title 18, United
States Code, if the offense had
occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of such
parent;
``(II) to have committed voluntary
manslaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of such
parent;
``(III) to have aided or abetted,
attempted, conspired, or solicited to
commit such murder or voluntary
manslaughter;
``(IV) to have committed a felony
assault that results in the serious
bodily injury to the surviving child or
another child of such parent;
``(V) to have committed sexual
abuse against the surviving child or
another child of such parent; or
``(VI) to be required to register
with a sex offender registry under
section 113(a) of the Adam Walsh Child
Protection and Safety Act of 2006 (42
U.S.C. 16913(a)); and
``(xvii) an assurance that, upon the
implementation by the State of the provisions,
procedures, and mechanisms under clause (xvi),
conviction of any one of the felonies listed in
clause (xvi) constitute grounds under State law
for the termination of parental rights of the
convicted parent as to the surviving children
(although case-by-case determinations of
whether or not to seek termination of parental
rights shall be within the sole discretion of
the State);
``(B) an assurance that the State has in place
procedures for responding to the reporting of medical
neglect (including instances of withholding of
medically indicated treatment from infants with
disabilities who have life-threatening conditions),
procedures or programs, or both (within the State child
protective services system), to provide for--
``(i) coordination and consultation with
individuals designated by and within
appropriate health-care facilities;
``(ii) prompt notification by individuals
designated by and within appropriate health-
care facilities of cases of suspected medical
neglect (including instances of withholding of
medically indicated treatment from infants with
disabilities who have life-threatening
conditions); and
``(iii) authority, under State law, for the
State child protective services system to
pursue any legal remedies, including the
authority to initiate legal proceedings in a
court of competent jurisdiction, as may be
necessary to prevent the withholding of
medically indicated treatment from infants with
disabilities who have life-threatening
conditions;
``(C) an assurance or certification that programs
and education conducted under this title address the
unique needs of unaccompanied homeless youth, including
access to enrollment and support services and that such
youth are eligible for under parts B and E of title IV
of the Social Security Act (42 U.S.C. 621 et seq., 670
et seq.) and meet the requirements of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.);
``(D) a description of--
``(i) policies and procedures (including
appropriate referrals to child welfare service
systems and for other appropriate services
(including home visiting services and mutual
support and parent partner programs)) to
address the needs of infants born with and
identified as being affected by substance use
or withdrawal symptoms resulting from prenatal
drug exposure, or a Fetal Alcohol Spectrum
Disorder, including a requirement that health
care providers involved in the delivery or care
of such infants notify the child welfare
services system of the occurrence of such
condition in such infants, except that such
notification shall not be construed to--
``(I) establish a definition under
Federal law of what constitutes child
abuse or neglect; or
``(II) require prosecution for any
illegal action;
``(ii) the development of a plan of safe
care for the infant born and identified as
being affected by substance use or withdrawal
symptoms, or a Fetal Alcohol Spectrum Disorder
to ensure the safety and well-being of such
infant following release from the care of
health care providers, including through--
``(I) addressing the health and
substance use disorder treatment needs
of the infant and affected family or
caregiver; and
``(II) the development and
implementation by the State of
monitoring systems regarding the
implementation of such plans to
determine whether and in what manner
local entities are providing, in
accordance with State requirements,
referrals to and delivery of
appropriate services for the infant and
affected family or caregiver;
``(iii) policies and procedures to make
available to the public on the State website
the data, findings, and information about all
cases of child abuse or neglect resulting in a
child fatality or near fatality, including a
description of--
``(I) how the State will not create
an exception to such public disclosure,
except in a case in which--
``(aa) the State would like
to delay public release of
case-specific findings or
information (including any
previous reports of domestic
violence and subsequent actions
taken to assess and address
such reports) while a criminal
investigation or prosecution of
such a fatality or near
fatality is pending;
``(bb) the State is
protecting the identity of a
reporter of child abuse or
neglect; or
``(cc) the State is
withholding identifying
information of members of the
victim's family who are not
perpetrators of the fatality or
near fatality; and
``(II) how the State will ensure
that in providing the public disclosure
required under this clause, the State
will include--
``(aa) the cause and
circumstances of the fatality
or near fatality;
``(bb) the age and gender
of the child; and
``(cc) any previous reports
of child abuse or neglect
investigations that are
relevant to the child abuse or
neglect that led to the
fatality or near fatality;
``(iv) how the State will use data
collected on child abuse or neglect to prevent
child fatalities and near fatalities;
``(v) how the State will implement efforts
to prevent child fatalities and near
fatalities;
``(vi) the cooperation of State law
enforcement officials, court of competent
jurisdiction, and appropriate State agencies
providing human services in the investigation,
assessment, prosecution, and treatment of child
abuse and neglect;
``(vii) the steps the State will take to
improve the professional development,
retention, and supervision of caseworkers and
how the State will measure the effectiveness of
such efforts;
``(viii) the State's plan to ensure each
child under the age of 3 who is involved in a
substantiated case of child abuse or neglect
will be referred to the State's child find
system under section 635(a)(5) of the
Individuals with Disabilities Education Act (20
U.S.C. 1435(a)(5)) in order to determine if the
child is an infant or toddler with a disability
(as defined in section 632(5) of such Act (20
U.S.C. 1432(5)));
``(ix) the State's plan to improve, as part
of a comprehensive State strategy led by law
enforcement, professional development for child
protective services workers and their
appropriate role in identifying, assessing, and
providing comprehensive services for children
who are sex trafficking victims, in
coordination with law enforcement, juvenile
justice agencies, runaway and homeless youth
shelters, and health, mental health, and other
social service agencies and providers;
``(x) the services to be provided under the
grant to individuals, families, or communities,
either directly or through referrals, aimed at
preventing the occurrence of child abuse and
neglect;
``(xi) the State's efforts to ensure
professionals who are required to report
suspected cases of child abuse and neglect are
aware of their responsibilities under
subparagraph (A)(i) and receive professional
development relating to performing such
responsibilities that is specific to their
profession and workplace;
``(xii) policies and procedures encouraging
the appropriate involvement of families in
decisionmaking pertaining to children who
experienced child abuse or neglect;
``(xiii) the State's efforts to improve
appropriate collaboration among child
protective services agencies, domestic violence
services agencies, substance use disorder
treatment agencies, and other agencies in
investigations, interventions, and the delivery
of services and treatment provided to children
and families affected by child abuse or
neglect, including children exposed to domestic
violence, where appropriate;
``(xiv) policies and procedures regarding
the use of differential response, as
applicable, to improve outcomes for children;
and
``(xv) the State's efforts to reduce racial
bias in its child protective services
system.''.
(3) Limitations.--Paragraph (3) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking
``Limitation'' and inserting ``Limitations'';
(B) by striking ``With regard to clauses (vi) and
(vii) of paragraph (2)(B),'' and inserting the
following:
``(A) Disclosure of certain identifying
information.--With regard to subparagraphs (A)(iv) and
(D)(iii) of paragraph (2),'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(B) Public access to court proceedings.--Nothing
in paragraph (2) shall be construed to limit the
State's flexibility to determine State policies
relating to public access to court proceedings to
determine child abuse and neglect, except that such
policies shall, at a minimum, ensure the safety and
well-being of the child, parents, and families.''.
(4) Definitions.--Paragraph (4) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking
``Definitions'' and inserting ``Definition'';
(B) by striking ``this subsection'' and all that
follows through ``means an act'' and inserting the
following: ``this subsection, the term `near fatality'
means an act'';
(C) by striking ``; and'' and inserting a period;
and
(D) by striking subparagraph (B).
(c) Citizen Review Panels.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (1)(B), by striking ``Exceptions.'' and
all that follows through ``A State may'' and inserting
``Exception.--A State may'';
(2) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking
``and where appropriate, specific cases,''; and
(B) in clause (iii)(I), by striking ``foster care
and adoption programs'' and inserting ``foster care,
prevention, and permanency programs''; and
(3) by amending the first sentence of paragraph (6) to read
as follows: ``Each panel established under paragraph (1) shall
prepare and make available to the State and the public, on an
annual basis, a report containing a summary of the activities
of the panel, the criteria used for determining which
activities the panel engaged in, and recommendations or
observations to improve the child protective services system at
the State and local levels, and the data upon which these
recommendations or observations are based.''.
(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended--
(1) by amending paragraph (13) to read as follows:
``(13) The annual report containing the summary of the
activities and recommendations of the citizen review panels of
the State required by subsection (c)(6), and the actions taken
by the State as a result of such recommendations.'';
(2) in paragraph (15), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
(3) in paragraph (16), by striking ``subsection
(b)(2)(B)(xxi)'' and inserting ``subsection (b)(2)(D)(viii)'';
(4) in paragraph (17), by striking ``subsection
(b)(2)(B)(xxiv)'' and inserting ``subsection (b)(2)(A)(xv)'';
and
(5) in paragraph (18)--
(A) in subparagraph (A), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection
(b)(2)(D)(i)'';
(B) in subparagraph (B), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection
(b)(2)(D)(ii)''; and
(C) in subparagraph (C), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection
(b)(2)(D)(ii)''; and
(6) by adding at the end the following:
``(19) The number of child fatalities and near fatalities
from maltreatment and related information in accordance with
the uniform standards established under section 103(d).''.
(e) Allotments.--Section 106(f) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(f)) is amended by adding at the end the
following:
``(6) Limitation.--For any fiscal year for which the amount
allotted to a State or territory under this subsection exceeds
the amount allotted to the State or territory under such
subsection for fiscal year 2019, the State or territory may use
not more than 2 percent of such excess amount for
administrative expenses.''.
SEC. 107. MISCELLANEOUS REQUIREMENTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended--
(1) in subsection (b), by inserting ``Indian tribes, and
tribal organizations,'' after ``States,'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Protecting Against Systemic Child Sexual Abuse.--
``(1) Reporting and task force.--Not later than 24 months
after the date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, each State task force established
under section 107(c) and expanded as described in paragraph (2)
shall study and make recommendations on the following, with a
focus on preventing systemic child sexual abuse:
``(A) How to detect systemic child sexual abuse
that occurs in an organization.
``(B) How to prevent child sexual abuse and
systemic child sexual abuse from occurring in
organizations, which shall include recommendations to
improve--
``(i) practices and policies for the
education of parents, caregivers, and victims,
and age appropriate education of children,
about risk factors or signs of potential child
sexual abuse; and
``(ii) the efficacy of applicable State
laws and the role such laws play in deterring
or preventing incidences of child sexual abuse.
``(C) The feasibility of making available the
disposition of a perpetrator within an organization
to--
``(i) the child alleging sexual abuse or
the child's family; or
``(ii) an adult who was a child at the time
of the sexual abuse claim in question or the
adult's family.
``(2) Task force composition.--For purposes of this
subsection, a State task force shall include--
``(A) the members of the State task force described
in section 107(c) for the State; and
``(B) the following:
``(i) Family court judges.
``(ii) Individuals from religious
organizations.
``(iii) Individuals from youth-serving
organizations, including youth athletics
organizations.
``(3) Reporting on recommendations.--Not later than 6
months after a State task force makes recommendations under
paragraph (1), the State maintaining such State task force
shall--
``(A) make public the recommendations of such
report;
``(B) report to the Secretary on the status of
adopting such recommendations; and
``(C) in a case in which the State declines to
adopt a particular recommendation, make public the
explanation for such declination.
``(4) Definitions.--For purposes of this subsection--
``(A) the terms `child sexual abuse' and `sexual
abuse' shall not be limited to an act or a failure to
act on the part of a parent or caretaker;
``(B) the term `organization' means any entity that
serves children; and
``(C) the term `systemic child sexual abuse'
means--
``(i) a pattern of informal or formal
policy or de facto policy to not follow State
and local requirements to report instances of
child sexual abuse in violation of State and
local mandatory reporting laws or policy; or
``(ii) a pattern of assisting individual
perpetrators in maintaining their careers
despite substantiated evidence of child sexual
abuse.''.
SEC. 108. REPORTS.
(a) Scaling Evidence-based Treatment of Child Abuse and Neglect.--
Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106f) is amended to read as follows:
``SEC. 110. STUDY AND REPORT RELATING TO SCALING EVIDENCE-BASED
TREATMENT OF CHILD ABUSE AND NEGLECT; STUDY AND REPORT ON
MARITAL AGE OF CONSENT; STUDY AND REPORT ON STATE
MANDATORY REPORTING LAWS.
``(a) In General.--The Secretary shall conduct a study that
examines challenges to, and best practices for, the scalability of
treatments that reduce the trauma resulting from child abuse and
neglect and reduce the risk of revictimization, such as those allowable
under sections 105 and 106.
``(b) Content of Study.--The study described in subsection (a)
shall be completed in a manner that considers the variability among
treatment programs and among populations vulnerable to child abuse and
neglect. The study shall include, at minimum:
``(1) A detailed synthesis of the existing research
literature examining barriers and challenges to, and best
practices for the scalability of child welfare programs and
services as well as programs and services for vulnerable
children and families in related fields, including healthcare
and education.
``(2) Data describing state and local providers'
experiences with scaling treatments that reduce the trauma
resulting from child abuse and neglect and reduce the risk of
revictimization.
``(3) Consultation with experts in child welfare,
healthcare, and education.
``(c) Report.--Not later than 3 years after the date of the
enactment of the Stronger Child Abuse Prevention and Treatment Act, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and Labor of
the House of Representatives a report that contains the results of the
study conducted under subsection (a), including recommendations for
best practices for scaling treatments that reduce the trauma resulting
from child abuse and neglect and reduce the risk of revictimization.
``(d) Study and Report on Marital Age of Consent.--
``(1) Study.--The Secretary shall study, with respect to
each State--
``(A) the State law regarding the minimum marriage
age; and
``(B) the prevalence of marriage involving a child
who is under the age of such minimum marriage age.
``(2) Factors.--The study required under paragraph (1)
shall include an examination of--
``(A) the extent to which any statutory exceptions
to the minimum marriage age in such laws contribute to
the prevalence of marriage involving a child described
in paragraph (1)(B);
``(B) whether such exceptions allow such a child to
be married without the consent of such child; and
``(C) the impact of such exceptions on the safety
of such children.
``(3) Report.--Not later than 1 year after the date of
enactment of the Stronger Child Abuse Prevention and Treatment
Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives a report
containing the findings of the study required by this
subsection, including any best practices.
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--The Secretary shall collect information on
and otherwise study State laws for mandatory reporting of
incidents of child abuse or neglect. Such study shall examine
trends in referrals and investigations of child abuse and
neglect due to differences in such State laws with respect to
the inclusion, as mandatory reporters, of the following
individuals:
``(A) Individuals licensed or certified to practice
in any health-related field licensed by the State,
employees of health care facilities or providers
licensed by the State, who are engaged in the
admission, examination, care or treatment of
individuals, including mental health and emergency
medical service providers.
``(B) Individuals employed by a school who have
direct contact with children, including teachers,
administrators, and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science
practitioners, except where prohibited on account of
clergy-penitent privilege.
``(E) Day care and child care operators and
employees.
``(F) Employees of social services agencies who
have direct contact with children in the course of
employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees
and volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the
basis of the individual's role as an integral part of a
regularly scheduled program, activity, or service,
accepts responsibility for a child.
``(2) Report.--Not later than 4 years after the date of
enactment of the Stronger Child Abuse Prevention and Treatment
Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives a report
containing the findings of the study required by this
subsection, including any best practices related to the
inclusion, as mandatory reporters, of individuals described in
paragraph (1).''.
(b) Report on Child Abuse and Neglect in Indian Tribal
Communities.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General, in
consultation with the Indian tribes from each of the 12 regions
of the Bureau of Indian Affairs, shall study child abuse and
neglect in Indian Tribal communities for the purpose of
identifying vital information and making recommendations
concerning issues relating to child abuse and neglect in such
communities, and submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs of the
Senate and the Committee on Education and Labor and the
Committee on Natural Resources of the House of Representatives
a report on such study, which shall include--
(A) the number of Indian tribes providing primary
child abuse and neglect prevention activities;
(B) the number of Indian tribes providing secondary
child abuse and neglect prevention activities;
(C) promising practices of Indian tribes with
respect to child abuse and neglect prevention that are
culturally-based or culturally-adapted;
(D) information and recommendations on how such
culturally-based or culturally-adapted child abuse and
neglect prevention activities could become evidence-
based;
(E) the number of Indian tribes that have accessed
Federal child abuse and neglect prevention programs;
(F) child abuse and neglect prevention activities
that Indian tribes provide using State funds;
(G) child abuse and neglect prevention activities
that Indian tribes provide using Tribal funds;
(H) Tribal access to State children's trust fund
resources, as described in section 202 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116a);
(I) how a children's trust fund model could be used
to support prevention efforts regarding child abuse and
neglect of American Indian and Alaska Native children;
(J) Federal agency technical assistance efforts to
address child abuse and neglect prevention and
treatment of American Indian and Alaska Native
children;
(K) Federal agency cross-system collaboration to
address child abuse and neglect prevention and
treatment of American Indian and Alaska Native
children;
(L) Tribal access to child abuse and neglect
prevention research and demonstration grants under the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.); and
(M) an examination of child abuse and neglect data
systems to identify what Tribal data is being
submitted, barriers to submitting data, and
recommendations on improving the collection of data
from Indian Tribes.
(2) Definitions.--In this subsection--
(A) the term ``Alaska Native'' has the meaning
given the term in section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g); and
(B) the terms ``child abuse and neglect'' and
``Indian tribe'' have the meaning given the terms in
section 3 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note).
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
Section 112(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``to carry out'' through ``fiscal
year 2010'' and inserting ``to carry out this title
$270,000,000 for fiscal year 2020''; and
(B) by striking ``2011 through 2015'' and inserting
``2021 through 2025''; and
(2) by striking paragraph (2)(A) and inserting the
following:
``(A) In general.--Of the amounts appropriated for
a fiscal year under paragraph (1), the Secretary shall
make available 30 percent of such amounts, or
$100,000,000, whichever is less, to fund discretionary
activities under this title.''.
SEC. 110. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
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:
``SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
``(a) Interstate Data Exchange System.--
``(1) In general.--The Secretary of Health and Human
Services shall consider the recommendations included in the
reports required under paragraph (8)(A) and subsection (b)(2)
in developing an electronic interstate data exchange system
that allows State entities responsible under State law for
maintaining child abuse and neglect registries to communicate
information across State lines.
``(2) Standards.--In developing the electronic interstate
data exchange system under paragraph (1), the Secretary shall--
``(A) use interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(B) develop policies and governance standards
that--
``(i) ensure consistency in types of
information shared and not shared; and
``(ii) specify circumstances under which
data should be shared through the interstate
data exchange system; and
``(C) ensure that all standards and policies adhere
to the privacy, security, and civil rights laws of each
State and Federal law.
``(3) Limitation on use of electronic interstate data
exchange system.--The electronic interstate data exchange
system may only be used for purposes relating to child safety.
``(4) Pilot program.--
``(A) Implementation.--Not later than 6 months
after the date of the enactment of this section, the
Secretary of Health and Human Services shall begin
implementation of a pilot program to generate
recommendations for the full integration of the
electronic interstate data exchange system. Such pilot
program shall include not less than 10 States and not
more than 15 States.
``(B) Completion.--Not later than 30 months after
the date of the enactment of this section, the
Secretary of Health and Human Services shall complete
the pilot program described in subparagraph (A).
``(5) Integration.--The Secretary of Health and Human
Services may assist States in the integration of this system
into the infrastructure of each State using funds appropriated
under this subsection.
``(6) Participation.--As a condition on eligibility for
receipt of funds under section 106, each State shall--
``(A) participate in the electronic interstate data
exchange system to the fullest extent possible in
accordance with State law (as determined by the
Secretary of Health and Human Services) not later than
December 31, 2027; and
``(B) prior to the participation described in
subparagraph (A), provide to the Secretary of Health
and Human Services an assurance that the child abuse
and neglect registry of such State provides procedural
due process protections with respect to including
individuals on such registry.
``(7) Prohibition.--The Secretary of Health and Human
Services may not access or store data from the electronic
interstate data exchange system, unless the State to which such
data pertains voluntarily shares such data with the Secretary
of Health and Human Services.
``(8) Reports.--The Secretary of Health and Human Services
shall prepare and submit to Congress--
``(A) not later than 3 years after the date of the
enactment of this section, a report on the
recommendations from the pilot program described in
paragraph (4); and
``(B) not later than January 31, 2025, a report on
the progress made in implementing this subsection.
``(9) Authorization of appropriations.--Of the funds
appropriated under section 112 for a fiscal year--
``(A) for each of fiscal years 2020 and 2021,
$2,000,000 shall be reserved to carry out this section;
and
``(B) for each of fiscal years 2022 through 2025,
$1,000,000 shall be reserved to carry out this section.
``(b) Working Group.--
``(1) In general.-- Not later than 60 days after the date
of the enactment of this section, the Secretary of Health and
Human Services shall convene a working group to study and make
recommendations on the following:
``(A) The feasibility of making publicly available
on the website of each State definitions and standards
of substantiated child abuse and neglect for the State.
``(B) Whether background check requirements under
this Act, the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.), and part E of
title IV of the Social Security Act (42 U.S.C. 670 et
seq.) are complementary or if there are discrepancies
that need to be addressed.
``(C) How to improve communication between and
across States, including through the use of technology
and the use of the electronic interstate data exchange
system established under subsection (a), to allow for
more accurate and efficient exchange of child abuse and
neglect records.
``(D) How to reduce barriers and establish best
practices for the State to provide timely responses to
requests from other States for information contained in
the State's child abuse and neglect registry through
the electronic interstate data exchange system
established under subsection (a).
``(E) How to ensure due process for any individual
included in a State's child abuse and neglect registry,
including the following:
``(i) The level of evidence necessary for
inclusion in the State's child abuse and
neglect registry.
``(ii) The process for notifying such
individual of inclusion in the State's child
abuse and neglect registry and the implications
of such inclusion.
``(iii) The process for providing such
individual the opportunity to challenge such
inclusion, and the procedures for resolving
such challenge.
``(iv) The length of time an individual's
record is to remain in the State's child abuse
and neglect registry, and the process for
removing such individual's record.
``(v) The criteria for when such
individual's child abuse and neglect registry
record may be--
``(I) made accessible to the
general public;
``(II) made available for purposes
of an employment check; and
``(III) be shared for the purposes
of participation in the electronic
interstate data exchange system
described in subsection (a).
``(2) Report.--Not later than 18 months after the date of
the enactment of this section, the working group convened under
paragraph (1) shall submit a report containing its
recommendations to the Secretary of Health and Human Services,
the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives.
``(3) Construction.--There shall be no requirement for any
State to adopt the recommendations of the working group, nor
shall the Secretary of Health and Human Services incentivize or
coerce any State to adopt any such recommendation.''.
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.-- The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended by the preceding
provisions of this Act, is further amended--
(1) by striking ``Committee on Education and the
Workforce'' each place it appears and inserting ``Committee on
Education and Labor'';
(2) in section 103(c)(1)(F), by striking ``abused and
neglected children'' and inserting ``victims of child abuse or
neglect''; and
(3) in section 107(f), by striking ``(42 U.S.C. 10603a)''
and inserting ``(34 U.S.C. 20104)''.
(b) Conforming Amendments.--
(1) Section 103.--Section 103(b)(5) (42 U.S.C. 5104(b)(5))
is amended by striking ``section 106(b)(2)(B)(iii)'' and
inserting ``section 106(b)(2)(D)(ii)''.
(2) Section 105.--Section 105(a)(11) (42 U.S.C. 5106(a)(11)
(as redesignated by section 105(1)(A) of this Act) is amended--
(A) in subparagraph (A), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(B) in subparagraph (C)--
(i) in clause (i)(II), by striking
``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)'';
(ii) in clause (i)(IV), by striking
``section 106(b)(2)(B)(iii)(II)'' and inserting
``section 106(b)(2)(D)(ii)(II)''; and
(iii) in clause (ii), by striking ``clauses
(ii) and (iii) of section 106(b)(2)(B)'' and
inserting ``clauses (i) and (ii) of section
106(b)(2)(D)'';
(C) in subparagraph (D)--
(i) in clause (i)(I), by striking ``section
106(b)(2)(B)(iii)(I)'' and inserting ``section
106(b)(2)(D)(ii)(I)'';
(ii) in clause (ii)(I), by striking
``section 106(b)(2)(B)(ii)'' and inserting
``section 106(b)(2)(D)(i)'';
(iii) in clause (ii)(II), by striking
``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)(I)'';
(iv) in clause (iii)(I), by striking
``section 106(b)(2)(B)(i)'' and inserting
``section 106(b)(2)(A)(i)'';
(v) in clause (iii)(IV), by striking
``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)''; and
(vi) in clause (v), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(D) in subparagraph (E), by striking ``section
106(b)(2)(B)(ii)'' and inserting ``section
106(b)(2)(D)(i)''; and
(E) in subparagraph (G)(ii), by striking ``clauses
(ii) and (iii) of section 106(b)(2)(B)'' and inserting
``clauses (i) and (ii) of section 106(b)(2)(D)''.
(3) Section 114.--Section 114(1)(B) (42 U.S.C. 5108(1)(B))
is amended by striking ``clauses (ii) and (iii) of section
106(b)(2)(B)'' and inserting ``clauses (i) and (ii) of section
106(b)(2)(D)''.
(4) Table of contents.--The table of contents in section
1(b) of the Child Abuse Prevention and Treatment Act is
amended--
(A) by striking the items relating to sections 2
and 102;
(B) by inserting after the item relating to section
114 the following:
``Sec. 115. Electronic interstate data exchange system.''; and
(C) by striking the item relating to section 110,
and inserting the following:
``Sec. 110. Study and report relating to scaling evidence-based
treatment of child abuse and neglect; study
and report on marital age of consent; study
and report on State mandatory reporting
laws.''.
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
SEC. 201. PURPOSE AND AUTHORITY.
Subsections (a) and (b) of section 201 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116) are amended to read as
follows:
``(a) Purpose.--The purposes of this title are--
``(1) to establish and maintain support for community-based
family strengthening services and statewide systems-building
approaches to the extent practicable, to ensure the
development, operation, expansion, coordination, and evaluation
of quality services, initiatives, programs, and activities to
prevent child abuse and neglect; and
``(2) to promote improved access for diverse populations
with demonstrated need, including low-income families, racial
and ethnic minorities, families with children or caregivers
with disabilities, underserved communities, and rural
communities, to family strengthening services in order to more
effectively prevent child abuse and neglect.
``(b) Authority.--The Secretary shall make grants under this title
on a formula basis to the entity designated by the State as the lead
entity (referred to in this title as the `lead entity') under section
202(1) for the following purposes:
``(1) Providing programs, activities, and initiatives to
help families build protective factors linked to the prevention
of child abuse and neglect, such as knowledge of parenting and
child development, parental resilience, social connections,
time-limited and need-based concrete support, and social and
emotional development of children, that--
``(A) are accessible to diverse populations,
effective, and culturally appropriate;
``(B) build upon existing strengths;
``(C) offer assistance to families;
``(D) provide early, comprehensive support for
parents;
``(E) promote the development of healthy familial
relationships and parenting skills, especially in young
parents and parents with very young children;
``(F) increase family stability;
``(G) improve family access to formal and informal
community-based resources, including health and mental
health services, time-limited and need-based concrete
supports, and services and supports to meet the needs
of families with children or caregivers with
disabilities; and
``(H) support the additional needs of families with
children with disabilities, including through respite
care.
``(2) Fostering the development of a continuum of
preventive services to strengthen families through State- and
community-based collaborations and both public and private
partnerships.
``(3) Financing the start-up, maintenance, expansion, or
redesign of core services described in section 205, where
communities have identified gaps and decided to prioritize the
establishment of such services, to the extent practicable given
funding levels and community priorities.
``(4) Maximizing funding through leveraging Federal, State,
local, public, and private funds to carry out the purposes of
this title.
``(5) Developing or enhancing statewide and local networks
to operate, expand, or enhance community-based family
strengthening services, initiatives, and activities that
promote child, parent, family, and community health and well-
being and prevent child abuse and neglect.
``(6) Promoting the development of, and coordination with,
existing community coalitions of networks of family
strengthening services that utilize culturally responsive
providers in order to enhance child, family, and community
well-being and prevent child abuse and neglect in all families.
``(7) Financing public information activities that focus on
parent and child development and child abuse and neglect
prevention.
``(8) To the extent practicable--
``(A) promoting the development and implementation
of a statewide systems-building strategy to address the
unmet needs identified in the inventory described in
section 204(3), including the participation of public
and private stakeholders, community-based
organizations, legislators, parents and other relevant
stakeholders, and State agencies, including the child
welfare agency, the public health agency, housing
agency, and the State education agency, to scale
evidence-based, evidence-informed, and promising
programs that expand access to family strengthening
services and reduce the numbers of children entering
the foster care system;
``(B) developing comprehensive outreach strategies
to engage families with various risk factors, including
families who have experienced trauma or domestic
violence, parents with substance use disorder, and
families with children or caregivers with disabilities;
and
``(C) providing capacity-building supports to local
programs to improve desired outcomes for children and
families, such as--
``(i) technical assistance, including
support for local programs to collect outcome
data that helps improve service delivery;
``(ii) professional development; and
``(iii) peer support networks, including
through developing a problem-solving forum.''.
SEC. 202. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) the Governor of the State has designated a lead
entity to administer funds under this title for the purposes
identified under the authority of this title, including to
develop, implement, operate, enhance, or expand community-based
family strengthening services designed to prevent child abuse
and neglect;''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) the Governor of the State has given consideration to
the capacity and expertise of all entities requesting to be
designated under subparagraph (A);''; and
(2) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) has demonstrated ongoing meaningful
partnerships with parents in the development,
operation, and oversight of State- and community-based
family strengthening services designed to prevent child
abuse and neglect;'';
(B) in subparagraph (B), by striking ``community-
based and prevention-focused programs and activities
designed to strengthen and support families'' and
inserting ``community-based family strengthening
services designed'';
(C) by striking subparagraph (C) and inserting the
following:
``(C) has the capacity to provide operational
support (both financial and programmatic), professional
development, technical assistance, and evaluation
assistance, to community-based organizations;''; and
(D) by striking subparagraph (D) and inserting the
following:
``(D) will integrate efforts with individuals and
organizations experienced in working in partnership
with low-income families, racial and ethnic minorities,
families with children or caregivers with disabilities,
sexual and gender minority youth, victims of domestic
violence, and with the child abuse and neglect
prevention activities in the State, and demonstrate a
financial commitment to those activities; and
``(E) will take into consideration access for
diverse populations and unmet need when distributing
funds to local programs under section 205.''.
SEC. 203. AMOUNT OF GRANT.
Section 203 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116b) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reservation.--For the purpose of making allotments to Indian
tribes and tribal organizations and migrant programs, the Secretary
shall reserve 5 percent of the amount appropriated under section 210(a)
for each fiscal year, except that, if making such reservation would
cause the total amount allotted to States under this section for a
fiscal year to be less than such total for fiscal year 2019, the
Secretary shall reserve 1 percent of the amount appropriated under
section 210(a) for the year for such purpose.''; and
(2) by adding at the end the following:
``(d) Limitation.--For any fiscal year for which the amount
allotted to a State under subsection (b) exceeds the amount allotted to
the State under such subsection for fiscal year 2019, the State's lead
entity may use not more than 10 percent of such excess amount for
administrative expenses.''.
SEC. 204. APPLICATION.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in the matter preceding paragraph (1), by striking
``specified by the Secretary as essential to carrying out the
provisions of section 202, including'' and inserting ``and
assurances required in paragraphs (2) and (3) of section 202
and types of information specified by the Secretary as
essential in carrying out the provisions of section 201(b),
including'';
(2) in paragraphs (1), (2), and (4), by striking
``community-based and prevention-focused programs and
activities designed to strengthen and support families'' and
inserting ``community-based family strengthening services
designed'';
(3) in paragraph (3) by striking ``community-based and
prevention-focused programs and activities'' and inserting
``community-based family strengthening services designed'';
(4) in paragraph (5), by striking ``and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect;'' and inserting
``services and statewide strategies designed to strengthen and
support families to promote child, family, and community well-
being and prevent child abuse and neglect;'';
(5) by striking paragraph (6) and inserting the following:
``(6) a description of the State's capacity and commitment
to ensure the meaningful involvement of parents who are or have
been consumers of preventative supports, including the
involvement of parents of diverse populations, such as low-
income families, families with children or caregivers with
disabilities, racial and ethnic minorities, and members of
other underrepresented or underserved groups, family advocates,
and adult victims of child abuse or neglect who can provide
leadership in the planning, implementation, and evaluation of
the programs and policy decisions of the applicant agency in
accomplishing the desired outcomes for such efforts;'';
(6) by redesignating paragraph (12) as paragraph (15);
(7) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively;
(8) by inserting after paragraph (6) the following:
``(7) a description of the process and criteria the lead
entity will use to identify and select communities in which to
build a continuum of family strengthening services, including
an assurance that the process will ensure access for all
families, including families in communities with high rates of
child abuse and neglect relative to other communities in the
State;'';
(9) by striking paragraph (9), as so redesignated, and
inserting the following:
``(9) a description of outreach activities that the lead
entity and local grantees will undertake to maximize the
participation of low-income families, racial and ethnic
minorities, families with children or caregivers with
disabilities, sexual and gender minority youth, victims of
domestic violence, homeless families and those at risk of
homelessness, and members of other underserved or
underrepresented groups;''.
(10) by striking paragraph (10), as so redesignated, and
inserting the following:
``(10) a plan for providing operational support,
professional development, and technical assistance to grantees,
other State and local programs and providers, families, and
other entities involved in strengthening families and
preventing child abuse and neglect;'';
(11) in paragraph (11), as so redesignated, by striking
``and its members (where appropriate)'' and inserting ``of
community-based family strengthening services and statewide
initiatives''; and
(12) by striking paragraph (12), as so redesignated, and
inserting the following:
``(12) a description of the actions that the applicant
entity will take to inform systemic changes in State policies,
practices, procedures, and regulations to improve the delivery
of community-based family strengthening services designed to
promote child, family, and community well-being, and to prevent
child abuse and neglect;
``(13) a description of how the lead entity will
incorporate research evidence in its process for selecting
community-based family strengthening services;
``(14) an assurance that, in issuing regulations to improve
the delivery of community-based family strengthening services
designed to promote child, family, and community well-being,
and to prevent child abuse and neglect, the State will--
``(A) take into account how such regulations will
impact activities funded under this Act; and
``(B) where appropriate, attempt to avoid
duplication of efforts, minimize costs of compliance
with such regulations, and maximize local flexibility
with respect to such regulations; and''.
SEC. 205. LOCAL PROGRAM REQUIREMENTS.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e) is amended to read as follows:
``SEC. 205. LOCAL PROGRAM REQUIREMENTS.
``(a) In General.--Grants from the lead entity made under this
title shall be used to develop, implement, operate, expand, and enhance
community-based family strengthening services designed to prevent child
abuse and neglect that--
``(1) assess community assets and needs and develop a
strategy to create a comprehensive continuum of effective
services that strengthen and support families to prevent child
abuse and neglect, through a planning process involving
parents, local and public agencies, local nonprofit
organizations and service providers, and private sector
representatives in meaningful ways;
``(2) develop or enhance existing place-based family
strengthening services, other parenting support services, and
connections and coordination among key family services in the
community by reaching spaces familiar to such families; and
``(3) help families build protective factors that support
child and family well-being and help prevent child abuse and
neglect, including knowledge of parenting and child
development, parental resilience, social connections, time-
limited and need-based concrete support, and social and
emotional development of children.
``(b) Local Consideration.--In awarding grants, the lead entity
shall consider, consistent with the needs of the State and community,
how the grantee--
``(1) demonstrates the ability to form collaborations
across a range of services or initiatives and the commitment to
engage in long-term planning and strategic development for
community-based family strengthening services as well as
provide on-going problem solving support;
``(2) involves parents, including parents of children with
disabilities, diverse racial and ethnic groups, and members of
other underrepresented or underserved populations, in the
development, implementation, oversight, and evaluation of
services;
``(3) addresses the need for place-based services and the
need to reach families in hard-to-reach areas through
approaches that provide core family strengthening services;
``(4) promotes improved access to family strengthening
services for diverse populations and ensures that the services
address identified needs of all families; and
``(5) demonstrates an understanding of the sources of child
and family trauma and the strategies that mitigate the impact
of and prevent adverse childhood experiences.
``(c) Local Uses of Funds.--Grant funds from the lead entity shall
be used for community-based family strengthening services designed to
prevent child abuse and neglect, which may include the following:
``(1) Developing a strategy based on supporting a
comprehensive continuum of preventive, family-centered services
that strengthen and support families to prevent child abuse and
neglect, especially to young parents, to parents with young
children, and to parents who are adult victims of domestic
violence or child abuse or neglect, through public-private
partnerships.
``(2) Addressing the needs of families in hard-to-reach
areas by creating access to place-based family strengthening
services.
``(3) Performing an assessment of community needs,
including by partnering, at the option of the grantee, with an
organization that already has performed a needs assessment
(such as a Maternal, Infant and Early Childhood Home Visiting
program under section 511 of the Social Security Act (42 U.S.C.
711) or a Head Start program under the Head Start Act (42
U.S.C. 9831 et seq.).
``(4) Supporting outreach for services, including by
coordinating with existing family strengthening services such
as home visiting and other early intervention programs.
``(5) Providing, promoting the development or enhancement
of, or connecting families to, core services that include--
``(A) parenting support and parent education
programs, including services that help parents and
other caregivers support children's development;
``(B) parent leadership skills development programs
that support parents' personal growth as leaders in
their families and communities;
``(C) mutual support groups for parents, children,
and parent partners;
``(D) respite and crisis care; and
``(E) referrals to optional community and social
services, including--
``(i) domestic violence services;
``(ii) screening and referrals to early
intervention;
``(iii) voluntary home visiting programs;
``(iv) health and mental health services,
including referrals for information on the
State Medicaid plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
``(v) early care and learning programs
including child care and Head Start programs
and Early Head Start programs under the Head
Start Act (42 U.S.C. 9831 et seq.);
``(vi) nutrition programs, including the
special supplemental nutrition program for
women, infants, and children established under
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) and the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
``(vii) education and workforce development
programs, including adult literacy, child
development, wellness, and family socioeconomic
mobility programs; and
``(viii) services and supports to meet the
needs of families with children or caregivers
with disabilities, such as early intervention
services for infants and toddlers with
disabilities and their families, as early
intervention services are defined in section
632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
``(6) Providing leadership in mobilizing local public and
private resources to support the provision of community-based
family strengthening services designed to prevent child abuse
and neglect.
``(7) Developing and maintaining meaningful partnerships
with parents relating to the development, operation,
evaluation, and oversight of the programs and services.
``(8) Coordinating with other community-based family
strengthening services designed to prevent child abuse and
neglect in the development, operation, and expansion of
networks where appropriate.
``(d) Priority.--When awarding grants, a lead entity shall give
priority to effective community-based efforts that serve low-income
communities and are focused on comprehensive approaches to serving
young parents or parents with young children.''.
SEC. 206. PERFORMANCE MEASURES.
Section 206 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraphs (1), (5), (6), and (8), by striking
``community-based and prevention-focused programs and
activities designed to strengthen and support families'' and
inserting ``community-based family strengthening services
designed'';
(2) in paragraph (1), by striking ``meets'' and inserting
``meet'';
(3) in paragraph (2), by striking ``including core and
optional services as described in section 202'';
(4) by striking paragraph (3) and inserting the following:
``(3) shall demonstrate how they have addressed unmet needs
identified by the inventory required under section 204;''.
(5) by striking paragraph (4) and inserting the following:
``(4) shall describe the number of families served,
including families with children or caregivers with
disabilities, and the involvement of a diverse representation
of families in the design, operation, and evaluation of both
community-based family strengthening services and networks of
such services;'';
(6) by striking paragraph (7) and inserting the following:
``(7) shall describe--
``(A) the number of programs funded disaggregated
by urban, suburban, and rural community type;
``(B) the number of children and families served
under each such program disaggregated by urban,
suburban, and rural community type; and
``(C) the number of programs that partner with
outside entities and the services such outside entities
provide;'';
(7) in paragraph (8)--
(A) by striking ``leadership of'' and insert
``partnership with''; and
(B) by striking the period at the end and inserting
``; and''; and
(8) by adding at the end the following:
``(9) shall describe the extent to which there is evidence
to support the effectiveness of activities conducted under this
title for the program's intended purpose, or, in instances
where such evidence is not available, shall describe barriers
and challenges to developing evidence of effectiveness.''.
SEC. 207. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g) is amended--
(1) in the matter preceding paragraph (1), by striking
``such sums as may be necessary'' and inserting ``not more than
5 percent''; and
(2) in paragraph (3), by striking ``community-based and
prevention-focused programs and activities designed to
strengthen and support families'' and inserting ``community-
based family strengthening services designed''.
SEC. 208. DEFINITIONS.
Section 208 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116h) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (1), respectively, and transferring paragraph (1) as
redesignated to appear before paragraph (2) as redesignated;
and
(2) by striking paragraph (1) (as so redesignated) and
inserting the following:
``(1) Community-based family strengthening services.--The
term `community-based family strengthening services' includes
organizations such as family resource programs, family support
programs, voluntary home visiting programs, respite care
services, parenting education, mutual support groups for
parents, children, parent partner programs, and other community
programs or networks of such programs that provide activities
that are designed to prevent child abuse and neglect.''.
SEC. 209. RULE OF CONSTRUCTION.
(a) In General.--Title II of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116 et seq.) is amended--
(1) by redesignating section 209 as section 210; and
(2) by inserting after section 208 the following:
``SEC. 209. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to prohibit
grandparents, kinship care providers, foster parents, adoptive parents,
or any other individual in a parenting role from receiving or
participating in services and programs under this title.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Child Abuse Prevention and Treatment Act is amended by striking the
item relating to section 209 and inserting the following:
``Sec. 209. Rule of construction.
``Sec. 210. Authorization of appropriations.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116 et seq.), as redesignated by section 209 of this Act, is
amended--
(1) by striking ``There are'' and inserting the following:
``(a) In General.--There are'';
(2) by striking ``to carry out'' through ``fiscal year
2010'' and inserting ``to carry out this title $270,000,000 for
fiscal year 2020'';
(3) by striking ``2011 through 2015'' and inserting ``2021
through 2025''; and
(4) by adding at the end the following:
``(b) Treatment of Non-Federal Funds in Certain Fiscal Years.--For
any fiscal year for which the amount appropriated under subsection (a)
exceeds the amount appropriated under such subsection for fiscal year
2019, the Secretary shall consider non-Federal funds and in-kind
contributions as part of the State contribution for the activities
specified in section 204(4).''.
SEC. 211. STUDY AND REPORT.
(a) Study Relating to New Prevention Programs.--
(1) In general.--The Comptroller General of the United
States shall complete a study, using data reported by States to
the Secretary of Health and Human Services under section 206 of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116f),
as amended by this Act--
(A) to determine how many families and children in
the first 3 years after the date of the enactment of
this Act are served annually through programs funded
under title II of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116 et seq.); and
(B) to compare the number of such families and
children served annually in the first 3 years after the
date of the enactment of this Act to the number of such
families and children served in fiscal year 2019.
(2) Contents.--The study required under paragraph (1) shall
include the following for each of the first 3 years after the
date of the enactment of this Act:
(A) An examination of how many families received
evidence-based programming under title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116 et
seq.).
(B) An examination of the extent to which local
programs conduct evaluations using funds provided under
such title and the findings of such evaluations.
(C) An examination of whether findings of
effectiveness in evaluation studies vary by urban,
suburban, or rural community type.
(D) An examination of whether programs partnering
with other entities are more effective than those that
do not partner with other entities.
(E) An examination of barriers to implement
evidence-based programming or to conduct evaluations in
instances where such activities do not occur.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives a report that contains the results of the study
conducted under paragraph (1).
TITLE III--ADOPTION OPPORTUNITIES
SEC. 301. PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in the section heading, by striking ``congressional
findings and declaration of purpose'' and inserting
``purpose'';
(2) by striking subsection (a); and
(3) in subsection (b)--
(A) by striking ``(b) Purpose.--'';
(B) in the matter preceding paragraph (1), by
inserting ``sexual and gender minority youth'' after
``particularly older children, minority children,'';
and
(C) in paragraph (1), by inserting ``services
and,'' after ``post-legal adoption''.
SEC. 302. REPORT AND GUIDANCE ON UNREGULATED CUSTODY TRANSFERS.
The Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5111 et seq.) is amended by inserting after section 201
the following:
``SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUSTODY TRANSFERS.
``(a) Sense of Congress.--It is the sense of Congress that:
``(1) Some adopted children may be at risk of experiencing
an unregulated custody transfer because the challenges
associated with adoptions (including the child's mental health
needs and the difficulties many families face in acquiring
support services) may lead families to seek out unregulated
custody transfers.
``(2) Some adopted children experience trauma, and the
disruption and placement in another home by unregulated custody
transfer creates additional trauma and instability for
children.
``(3) Children who experience an unregulated custody
transfer may be placed with families who have not completed
required child welfare or criminal background checks or
clearances.
``(4) Social services agencies and courts are often unaware
of the placement of children through unregulated custody
transfer and therefore do not conduct assessments on the
child's safety and well-being in such placements.
``(5) Such lack of placement oversight places a child at
risk for future abuse and increases the chance that the child
may experience--
``(A) abuse or neglect;
``(B) contact with unsafe adults or youth; and
``(C) exposure to unsafe or isolated environments.
``(6) The caregivers with whom a child is placed through
unregulated custody transfer often have no legal responsibility
with respect to such child, placing the child at risk for
additional unregulated custody transfers.
``(7) Such caregivers also may not have complete records
with respect to such child, including the child's birth,
medical, or immigration records.
``(8) A child adopted through intercountry adoption may be
at risk of not acquiring United States citizenship if an
unregulated custody transfer occurs before the adoptive parents
complete all necessary steps to finalize the adoption of such
child.
``(9) Engaging in, or offering to engage in, unregulated
custody transfer places children at risk of harm.
``(b) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary of Health and
Human Services shall provide to the Committee on Education and
Labor of the House of Representatives, the Committee on Ways
and Means of the House of Representatives, the Committee on
Finance of the Senate, and the Committee on Health, Education,
Labor and Pensions of the Senate a report on unregulated
custody transfers of children, including of adopted children.
``(2) Elements.--The report required under paragraph (1)
shall include--
``(A) the causes, methods, and characteristics of
unregulated custody transfers, including the use of
social media and the internet;
``(B) the effects of unregulated custody transfers
on children, including the lack of assessment of a
child's safety and well-being by social services
agencies and courts due to such unregulated custody
transfer;
``(C) the prevalence of unregulated custody
transfers within each State and across all States; and
``(D) recommended policies for preventing,
identifying, and responding to unregulated custody
transfers, including of adopted children, that
include--
``(i) amendments to Federal and State law
to address unregulated custody transfers;
``(ii) amendments to child protection
practices to address unregulated custody
transfers; and
``(iii) methods of providing the public
information regarding adoption and child
protection.
``(c) Guidance to States.--
``(1) In general.--Not later than 180 days after the date
specified in subsection (b)(1), the Secretary shall issue
guidance and technical assistance to States related to
preventing, identifying, and responding to unregulated custody
transfers, including of adopted children.
``(2) Elements.--The guidance required under paragraph (1)
shall include--
``(A) education materials related to preventing,
identifying, and responding to unregulated custody
transfers for employees of State, local, and Tribal
agencies that provide child welfare services;
``(B) guidance on appropriate pre-adoption
education and post-adoption services for domestic and
international adoptive families to promote child
permanency; and
``(C) the assistance available through the National
Resource Center for Special Needs Adoption under
section 203(b)(9).
``(d) Definitions.--In this section:
``(1) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(2) Unregulated custody transfer.--The term `unregulated
custody transfer' means the abandonment of a child, by the
child's parent, legal guardian, or a person or entity acting on
behalf, and with the consent, of such parent or guardian--
``(A) by placing a child with a person who is not--
``(i) the child's parent, step-parent,
grandparent, adult sibling, legal guardian, or
other adult relative;
``(ii) a friend of the family who is an
adult and with whom the child is familiar; or
``(iii) a member of the Federally
recognized Indian tribe of which the child is
also a member;
``(B) with the intent of severing the relationship
between the child and the parent or guardian of such
child; and
``(C) without--
``(i) reasonably ensuring the safety of the
child and permanency of the placement of the
child, including by conducting an official home
study, background check, and supervision; and
``(ii) transferring the legal rights and
responsibilities of parenthood or guardianship
under applicable Federal and State law to a
person described in subparagraph (A).''.
SEC. 303. INFORMATION AND SERVICES.
(a) National Resource Center for Special Needs Adoption.--Section
203(b)(9) of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting ``not
later than 2 years after the date of the enactment of the Stronger
Child Abuse Prevention and Treatment Act, establish and'' before
``maintain''.
(b) Placement With Adoptive Families.--Section 203(b)(11)(C) of the
Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(42 U.S.C. 5113(b)(11)(C)) is amended by striking ``such children'' and
inserting ``the children and youth described in the matter preceding
paragraph (1) of section 201''.
(c) Pre-adoption Services.--Section 203(c)(1) of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C.
5113(c)(1)) is amended by striking ``post'' and inserting ``pre- and
post-''.
(d) Services.--Section 203(c)(2) of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113(c)(2)) is
amended by inserting ``and the development of such services,'' after
``not supplant, services''.
(e) Elimination of Barriers to Adoption Across Jurisdictional
Boundaries.--Section 203(e)(1) of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113(e)(1)) is
amended--
(1) by striking ``with, States,'' and inserting ``with
States, Indian Tribes,''; and
(2) by inserting ``, including through the use of web-based
tools such as the electronic interstate case-processing system
referred to in section 437(g) of the Social Security Act (42
U.S.C. 629g(g))'' before the period at the end.
SEC. 304. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to read as
follows:
``SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
``(a) Study.--The Secretary shall conduct a study (directly or by
grant to, or contract with, public or private nonprofit research
agencies or organizations) on adoption outcomes and the factors
(including parental substance use disorder) affecting those outcomes.
``(b) Report.--Not later than the date that is 36 months after the
date of the enactment of the Stronger Child Abuse Prevention and
Treatment Act the Secretary shall submit a report to Congress that
includes the results of the study required under subsection (a).''.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended--
(1) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2020''; and
(2) by striking ``fiscal years 2011 through 2015'' and
inserting ``fiscal years 2021 through 2025''.
Union Calendar No. 50
116th CONGRESS
1st Session
H. R. 2480
[Report No. 116-74]
_______________________________________________________________________
A BILL
To reauthorize the Child Abuse Prevention and Treatment Act, and for
other purposes.
_______________________________________________________________________
May 20, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed