[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Enrolled Bill (ENR)]
S.1351
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To study and prevent child abuse in youth residential programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Institutional Child Abuse
Act''.
SEC. 2. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study to examine the state of
youth in youth residential programs and make recommendations.
(b) Study Components.--Pursuant to the contract under subsection
(a), the National Academies shall, not later than 3 years after the
date of enactment of the Stop Institutional Child Abuse Act, and every
2 years thereafter for a period of 10 years, issue a report informed by
the study conducted under such subsection that includes--
(1) identification of the nature, prevalence, severity, and
scope of child abuse, neglect, and deaths in youth residential
programs, including types of abuse and neglect, causes of abuse,
neglect, and deaths, and criteria used to assess abuse, neglect,
and deaths;
(2) identification of all Federal and State funding sources for
youth residential programs;
(3) identification of Federal data collection sources on youth
in youth residential programs;
(4) identification of existing regulation of youth residential
programs, including alternative licensing standards or licensing
exemptions for youth residential programs;
(5) identification of existing standards of care of national
accreditation entities that provide accreditation or certification
of youth residential programs;
(6) identification of existing barriers in policy for blending
and braiding of funding sources to serve youth in community-based
settings;
(7) recommendations for coordination by agencies of data on
youth in youth residential programs;
(8) recommendations for the improvement of oversight of youth
residential programs receiving Federal funding;
(9) identification of risk assessment tools, including projects
that provide for the development of research-based strategies for
risk assessments relating to the health, safety (including with
respect to the use of seclusion and restraints), and well-being of
youth in youth residential programs;
(10) recommendations to support the development and
implementation of education and training resources for professional
and paraprofessional personnel in the fields of health care, law
enforcement, judiciary, social work, child protection (including
the prevention, identification, and treatment of child abuse and
neglect), education, child care, and other relevant fields, and
individuals such as court appointed special advocates and guardians
ad litem, including education and training resources regarding--
(A) the unique needs, experiences, and outcomes of youth
with lived experience in youth residential programs;
(B) the enhancement of interagency communication among
child protective service agencies, protection and advocacy
systems, State licensing agencies, State Medicaid agencies, and
accreditation agencies;
(C) best practices to eliminate the use of physical,
mechanical, and chemical restraint and seclusion, and to
promote the use of positive behavioral interventions and
supports, culturally and linguistically sensitive services,
mental health supports, trauma- and grief-informed care, and
crisis de-escalation interventions; and
(D) the legal duties of such professional and
paraprofessional personnel and youth residential program
personnel and the responsibilities of such professionals and
personnel to protect the legal rights of children in youth
residential programs, consistent with applicable State and
Federal law;
(11) recommendations to improve accessibility and development
of community-based alternatives to youth residential programs;
(12) recommendations for innovative programs designed to
provide community support and resources to at-risk youth, including
programs that--
(A) support continuity of education, including removing
barriers to access;
(B) provide mentorship;
(C) support the provision of crisis intervention services
and in-home or outpatient mental health and substance use
disorder treatment; and
(D) provide other resources to families and parents or
guardians that assist in preventing the need for out-of-home
placement of youth in youth residential programs;
(13) recommendations relating to the development,
dissemination, outreach, engagement, or training associated with
advancing least-restrictive, evidence-based, trauma and grief-
informed, and developmentally and culturally competent care for
youth in youth residential programs and youth at risk of being
placed in such programs;
(14) recommendations on best practices regarding the health and
safety (including reduction or elimination of use of seclusion and
restraints), care, and treatment of youth in youth residential
programs to convey to States;
(15) recommendations to improve the coordination,
dissemination, and implementation of best practices regarding the
health and safety (including use, reduction, or elimination of
seclusion and restraints), care, and treatment of youth in youth
residential programs among child welfare systems, licensing
agencies, accreditation organizations, other relevant monitoring
and enforcement entities, State child welfare agencies, State
Medicaid agencies, State mental and behavioral health agencies,
consumers, and State protection advocacy centers; and
(16) identification of aggregate data, including process-
oriented data such as length of stay and use of restraints, and
seclusion and outcome-oriented data such as discharge setting and
ability to be safely maintained in school and community at least 12
months after discharge, including--
(A) recommendations on how such data should be shared
across child-placing agencies and stakeholders, including
individuals receiving services, families of such individuals,
and advocates; and
(B) identification of barriers to sharing information
across child-placing agencies.
(c) Consultation.--In carrying out the duties described in
subsection (b), the National Academies shall consult with--
(1) child advocates, including attorneys experienced in working
with youth overrepresented in the child welfare system or the
juvenile justice system;
(2) health professionals, including mental health and substance
use disorder professionals, nurses, physicians, social workers, and
other health care providers who provide services to youth who may
be served by residential programs;
(3) protection and advocacy systems;
(4) individuals experienced in working with youth with
disabilities, including emotional, mental health, and substance use
disorders;
(5) individuals with lived experience as children and youth in
youth residential programs, including individuals with intellectual
or developmental disabilities and individuals with emotional,
mental health, or substance use disorders;
(6) representatives of State and local child protective
services agencies and other relevant public agencies;
(7) parents or guardians of children and youth with emotional,
mental health, or substance use disorder needs;
(8) parents of children and youth with intellectual
disabilities and autism;
(9) experts on issues related to child abuse and neglect in
youth residential programs;
(10) administrators of youth residential programs;
(11) education professionals who provide services to youth with
complex needs in youth residential programs;
(12) State educational agencies;
(13) local educational agencies;
(14) Indian Tribes and Tribal organizations;
(15) State legislators;
(16) State licensing agencies;
(17) the Administration for Children and Families;
(18) the Administration for Community Living;
(19) the Substance Abuse and Mental Health Services
Administration;
(20) the Department of Justice;
(21) the Indian Health Service;
(22) the Centers for Medicare & Medicaid Services;
(23) the National Council on Disability; and
(24) others, as appropriate.
(d) Report Submission and Publication.--The National Academies
shall submit to the Secretary for dissemination to relevant State
agencies, and make publicly available, a report on the comprehensive
review conducted under subsection (b), including the findings of the
National Academies under subsection (b);
(e) Definitions.--In this section:
(1) Child abuse and neglect.--The term ``child abuse and
neglect'' has the meaning given such term in section 3 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
(2) Culturally competent.--The term ``culturally competent''
has the meaning given such term in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15002).
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given such
terms in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(4) Protection and advocacy systems.--The term ``protection and
advocacy system'' means a system established by a State or Indian
Tribe under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(6) Youth.--The term ``youth'' means an individual who has not
attained the age of 22.
(7) Youth residential program.--
(A) In general.--The term ``youth residential program''
means each location of a facility or program operated by a
public or private entity that, with respect to one or more
youth who are unrelated to the owner or operator of the
facility or program--
(i) provides a residential environment, such as--
(I) a program with a wilderness or outdoor
experience, expedition, or intervention;
(II) a boot camp experience or other experience
designed to simulate characteristics of basic military
training or correctional regimes;
(III) an education or therapeutic boarding school;
(IV) a behavioral modification program;
(V) a residential treatment center or facility;
(VI) a qualified residential treatment program (as
defined in section 472(k)(4) of the Social Security Act
(42 U.S.C. 672(k)(4)));
(VII) a psychiatric residential treatment program
that meets the requirements of subpart D of part 441 of
title 42, Code of Federal Regulations (or any successor
regulations);
(VIII) a group home serving children and youth
placed by any placing authority;
(IX) an intermediate care facility for individuals
with intellectual disabilities; or
(X) any residential program that is utilized as an
alternative to incarceration for justice involved
youth, adjudicated youth, or youth deemed delinquent;
and
(ii) serves youth who have a history or diagnosis of--
(I) an emotional, behavioral, or mental health
disorder;
(II) a substance misuse or use disorder, including
alcohol misuse or use disorders; or
(III) an intellectual, developmental, physical, or
sensory disability.
(B) Exclusion.--The term ``youth residential program'' does
not include--
(i) a hospital licensed by a State; or
(ii) a foster family home that--
(I) provides 24-hour substitute care for children
placed away from their parents or guardians and for
whom the State child welfare services agency has
placement and care responsibility; and
(II) is licensed and regulated by the State as a
foster family home.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.