[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1160

   To amend the Child Abuse Prevention and Treatment Act to increase 
                       support for mental health.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

   Ms. Smith introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Child Abuse Prevention and Treatment Act to increase 
                       support for mental health.

    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 ``Supporting Family Mental Health in 
CAPTA Act''.

SEC. 2. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.

    (a) Findings.--Section 2 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 note) is amended--
            (1) in paragraph (6)(A), by inserting ``physical, 
        behavioral, and'' after ``legal,''; and
            (2) in paragraph (11), by inserting ``trauma-informed,'' 
        after ``comprehensive,''.
    (b) National Clearinghouse.--Section 103(b) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
            (1) in paragraph (1), by striking ``effective programs,'' 
        and inserting ``evidence-based, evidence-informed, or promising 
        programs,'';
            (2) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), respectively; and
            (3) by inserting after paragraph (4), the following:
            ``(5) maintain and disseminate information that describes 
        best practices for making appropriate referrals related to, and 
        addressing, the physical, behavioral, mental health, and 
        developmental needs of victims of child abuse or neglect;''.
    (c) 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) in paragraph (1)--
                            (i) by striking subparagraph (F) and 
                        inserting the following:
                    ``(F) effective approaches to interagency 
                collaboration between child welfare agencies, the 
                juvenile justice authorities, and public health and 
                mental health agencies that improve the delivery of 
                services and treatment (including services and 
                treatment related to domestic violence or mental 
                health), which may include approaches relating to 
                methods for continuity of treatment plan and services 
                as children transition between systems;'';
                            (ii) by redesignating subparagraphs (G) 
                        through (M), and subparagraphs (N) and (O), as 
                        subparagraphs (H) through (N), and 
                        subparagraphs (Q) and (R), respectively;
                            (iii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) effective practices to leverage community-
                based resources to prevent child abuse and neglect, 
                including resources regarding physical, behavioral, and 
                mental health, substance use disorder, housing, parent 
                support, financial assistance, early childhood 
                development and learning, education, and other services 
                to assist families;'';
                            (iv) by inserting after subparagraph (N), 
                        as redesignated by subparagraph (B), the 
                        following:
                    ``(O) methods to address geographic, racial, and 
                cultural equity and disparities in the child welfare 
                system, including a focus on access to culturally 
                appropriate family strengthening programs and 
                activities that prevent child abuse and neglect;
                    ``(P) evidence-based, evidence-informed, or 
                promising practices or programs to prevent child abuse 
                and neglect in families that have not had contact with 
                the child welfare system;''; and
                            (v) in subparagraph (Q), as redesignated by 
                        subparagraph (B), by striking ``subparagraph 
                        (O)'' and inserting ``subparagraph (R)''; and
                    (B) in paragraph (2), by striking ``paragraph 
                (1)(O)'' and inserting ``paragraph (1)(R)''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) various methods and procedures to reduce 
                geographic, racial, and cultural disparities in the 
                child welfare system, which may include engaging law 
                enforcement, education, health, and other relevant 
                systems in such efforts.''.
    (d) Grants for Indian Tribes.--Section 105(a)(1) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106(a)(1)) is amended--
            (1) in subparagraph (D)--
                    (A) by striking ``entities providing physical and 
                mental health services'' and inserting ``entities 
                providing physical, behavioral, and mental health 
                services'';
                    (B) by striking ``and health care agencies that 
                support'' and inserting ``and physical, behavioral, and 
                mental health care agencies that support''; and
                    (C) by striking ``the health evaluation needs'' and 
                inserting ``the physical, behavioral, and mental health 
                evaluation needs'';
            (2) in subparagraph (L)(ii), by striking ``and'' after the 
        semicolon;
            (3) in subparagraph (M), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(N) for enabling Indian Tribes or Tribal 
                organizations to provide services and programs that are 
                adapted to the culture and context of the Tribal 
                communities served.''.
    (e) Grants to States.--Section 106 of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5106a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6)--
                            (i) in subparagraph (C), by striking and 
                        after the semicolon; and
                            (ii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) training in early childhood, child, and 
                adolescent development and the impact of child abuse 
                and neglect, and the long-term impacts of adverse 
                childhood experiences;
                    ``(E) training regarding trauma-informed practices 
                to mitigate the effects of trauma for infants, 
                children, youth, and parents;
                    ``(F) training to enhance linkages among child 
                protective service agencies and entities providing 
                physical, behavioral, and mental health services, and 
                community resources, for purposes of conducting 
                evaluations and providing services related to 
                substantiated cases of child abuse or neglect; and
                    ``(G) training regarding the links between child 
                abuse and neglect and domestic violence, and 
                comprehensive, trauma-informed approaches to working 
                with families with substance use disorder or mental 
                health issues;'';
                    (B) in paragraph (13)(A), by inserting ``early care 
                and learning and'' after ``linkages with''; and
                    (C) in paragraph (13)(B), by inserting ``trauma-
                informed,'' after ``supporting prompt,''; and
            (2) in subsection (b)(2)(B)(xxi), by striking ``(20 U.S.C. 
        1431 et seq.)'' and inserting ``(20 U.S.C. 1431 et seq.), 
        including a description of how those provisions and procedures 
        are effective in ensuring that such a referral is made and how 
        the State will ensure compliance with those provisions and 
        procedures, which may include--
                                    ``(I) a memorandum of agreement 
                                between the State child welfare agency 
                                and the State agency responsible for 
                                administering such part, regarding the 
                                coordination of referral procedures, 
                                communication of the requirement for 
                                such referral to child welfare and 
                                early intervention staff at the local 
                                level, and guidance on local 
                                coordination between the those 2 
                                agencies, both systemically and around 
                                individual cases;
                                    ``(II) training for local child 
                                welfare staff on the nature of 
                                developmental delays and disabilities, 
                                the prevalence of such delays and 
                                disabilities in infants and toddlers in 
                                the child welfare system, and the 
                                importance of early intervention 
                                services; and
                                    ``(III) a description of how data 
                                will be collected and reported on the 
                                percentage of infants and toddlers 
                                screened for developmental issues, 
                                referred for full evaluation (if 
                                screening is not performed by the 
                                agency providing early intervention 
                                services), determined to need early 
                                intervention services, and receiving 
                                such services.''.
    (f) Referrals for Mental Health Services.--Section 201(b)(1) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(b)(1)) is 
amended in subparagraph (H) by inserting ``, mental health,'' after 
``early health''.
    (g) Application.--Section 204 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5116d) is amended--
            (1) in paragraph (11), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (12) as paragraph (13); and
            (3) by inserting after paragraph (11) the following:
            ``(12) a description of the actions that the applicant 
        entity will take to improve the mental health of children and 
        families in order to strengthen and support families to prevent 
        child abuse and neglect, including through activities such as--
                    ``(A) maternal depression screening and treatment, 
                social-emotional screening for young children, 
                evidence-based treatment for families with complex 
                needs, trauma-focused and pro-attachment mental health 
                models;
                    ``(B) programs and services that address social 
                determinants of health; and
                    ``(C) programs and services that address intimate 
                partner violence in child-serving settings; and''.
    (h) Local Program Requirements.--Section 205(a)(3) of the Child 
Abuse Prevention and Treatment Act (42 U.S.C. 5116e(a)(3)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(v) referral to mental health services, 
                        which may include using infant and early 
                        childhood mental health evaluation and 
                        treatment services; and''; and
            (2) in subparagraph (B)(ix), by striking the period at the 
        end and inserting a semicolon.

SEC. 3. TECHNICAL AMENDMENTS.

    The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.) is amended--
            (1) by striking ``tribes'' and inserting ``Tribes'' each 
        place the term appears;
            (2) by striking ``tribal'' and inserting ``Tribal'' each 
        place the term appears; and
            (3) in paragraph (5) of section 3 (42 U.S.C. 5101 note)--
                    (A) by striking ``tribe'' and inserting ``Tribe''; 
                and
                    (B) by inserting ``(without respect to 
                capitalization)'' after ``given the terms''.
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