[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8547 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8547
To amend title 18, United States Code, to account for the age of
certain incarcerated juveniles and to amend title IV of the Social
Security Act to allow the Secretary of Health and Human Services to
award competitive grants to enhance collaboration between State child
welfare and juvenile justice systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2026
Ms. Kamlager-Dove (for herself, Mrs. McIver, Ms. Velazquez, Ms. Tlaib,
Mr. Johnson of Georgia, Mr. Jackson of Illinois, Ms. Simon, Mr. Cohen,
and Mr. Thanedar) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to account for the age of
certain incarcerated juveniles and to amend title IV of the Social
Security Act to allow the Secretary of Health and Human Services to
award competitive grants to enhance collaboration between State child
welfare and juvenile justice systems, 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 ``'Directly Impacted Child Rehab and
Safety Act''.
SEC. 2. AMENDMENTS.
(a) Definitions.--Section 5031 of title 18, United States Code, is
amended--
(1) by striking ``person who'' and inserting ``person who
is at least twelve years of age that has not attained their'';
(2) by striking ``not attained'' and inserting ``not
attained their''; and
(3) by striking ``committed by a person prior to'' and
inserting ``committed by a person who has reached their twelfth
birthday but prior to their''.
(b) Delinquency Proceedings in District Courts; Transfer for
Criminal Prosecution.--Section 5032 of title 18, United States Code, is
amended--
(1) by striking ``fifteen'' and inserting ``sixteen'';
(2) by striking ``fifteenth birthday'' and inserting
``their sixteenth birthday'';
(3) by striking ``In the application of the preceding
sentence, if the crime of violence is an offense under section
113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile
possessed a firearm during the offense, section 2111, 2113,
2241(a), or 2241(c), ``thirteen'' shall be substituted for
``fifteen'' and ``thirteenth'' shall be substituted for
``fifteenth'';
(4) by striking ``However, a juvenile who is alleged to
have committed an act after his sixteenth birthday which if
committed by an adult would be a felony offense that has as an
element thereof the use, attempted use, or threatened use of
physical force against the person of another, or that, by its
very nature, involves a substantial risk that physical force
against the person of another may be used in committing the
offense, or would be an offense described in section 32, 81,
844(d), (e), (f), (h), (i) or 2275 of this title, subsection
(b)(1)(A), (B), or (C), (d), or (e) of section 401 of the
Controlled Substances Act, or section 1002(a), 1003, 1009, or
1010(b)(1), (2), or (3) of the Controlled Substances Import and
Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)),
and who has previously been found guilty of an act which if
committed by an adult would have been one of the offenses set
forth in this paragraph or an offense in violation of a State
felony statute that would have been such an offense if a
circumstance giving rise to Federal jurisdiction had existed,
shall be transferred to the appropriate district court of the
United States for criminal prosecution.'';
(5) by striking ``social background of the juvenile'' and
inserting ``social background of the juvenile; the juvenile's
prior exposure to adverse childhood experiences, childhood
trauma, and involvement in the child welfare system;'';
(6) by striking ``behavioral problems'' and inserting
``juvenile's behavioral problems; the rehabilitative potential
of the juvenile within the juvenile system; and the best
interest of the child'';
(7) by striking ``leadership role'' and inserting
``juvenile's level of participation in the offense'';
(8) by striking ``in an organization, or otherwise
influenced other persons to take part in criminal activities,
involving the use or distribution of controlled substances or
firearms. Such a factor, if found to exist, shall weigh in
favor of a transfer to adult status, but the absence of this
factor shall not preclude such a transfer'';
(9) by striking ``juvenile, his parents'' and inserting
``juvenile, their parents''; and
(10) by striking ``custodian and to his counsel'' and
``custodian and to their counsel''.
(c) Commitment.--Section 5039 of title 18, United States Code, is
amended--
(1) by striking ``or correctional institution in which he
has regular contact with adults incarcerated because they have
been convicted of a crime or are awaiting trial on criminal
charges'' and inserting ``, correctional institution, or
prison''; and
(2) by striking ``near'' and insert ``near their''.
(d) Murder.--Section 1111 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(d) A person who was under the age of 18 at the time of the
perpetration or attempted perpetration of a crime listed under
subsection (a) in which the death of a human being occurs is liable for
murder only if one of the following is proven:
``(1) the person who intentionally or knowingly causes the
death of another person; or
``(2) the person was not the actual killer, but, with the
intent to kill, aided, abetted, counseled, commanded, induced,
solicited, requested, or assisted the actual killer in the
commission of the unlawful killing of another human being.
```A person who is not liable for murder under subsection (a) shall be
sentenced in accordance with the crime they committed or attempted to
commit.'.''.
SEC. 3. STATISTICS, DATA, AND RESEARCH ON INCARCERATED CHILDREN AND
PERSONS CONVICTED OF CRIMES AS CHILDREN.
(a) Comprehensive Statistical Review.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Bureau of Justice Statistics of
the Department of Justice (in this section referred to as the
``Bureau'') shall publish, for each calendar year, a
comprehensive statistical review and analysis of children under
eighteen years of age who are subject to adjudication,
prosecution, and incarceration by the Federal Government. The
statistical review and analysis shall include the following:
(A) The number of children adjudicated delinquent
in the calendar year and the offenses they were
adjudicated for.
(B) The number of children transferred to district
court for criminal prosecution in the calendar year and
the offenses they were charged with.
(C) The number of children convicted in district
court in the calendar year and the offenses they were
convicted of.
(D) The average age of the children at the time of
the commission of the offense.
(E) The age of the child at the time of
adjudication or conviction.
(F) Demographic information, including race,
ethnicity, nationality, disability, gender, sex, and
gender identity of each child.
(G) The number of children in Federal custody who
are being detained, housed, or incarcerated more than
100 miles from the jurisdiction where they were
adjudicated or convicted in.
(H) The length of time or sentence each child in
Federal custody has been ordered to serve for their
corresponding offense.
(I) The number of people incarcerated in Federal
custody for crimes they committed as children.
(J) Demographic information, including race,
ethnicity, nationality, disability, gender, sex, gender
identity, current age, as well as age at the time of
the offense for each person who is currently
incarcerated in Federal custody for crimes they
committed as children.
(K) The number of people in Federal custody for
crimes they committed as children who are incarcerated
more than 100 miles from the jurisdiction they were
adjudicated or convicted in.
(L) The offense and corresponding sentence each
person in Federal custody is serving for the crime they
committed as a child.
SEC. 4. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE COLLABORATION
BETWEEN STATE CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS.
(a) In General.--Section 436 of the Social Security Act (42 U.S.C.
629f) is amended by adding at the end the following new subsection:
``(d) Authority To Award Grants to States To Enhance Collaboration
Between State Child Welfare and Juvenile Justice Systems.--
``(1) Purpose.--The purpose of the subsection is to
authorize the Secretary to make grants to State child welfare
and juvenile justice agencies to collaborate in the collection
of data relating to children excluded from juvenile
adjudication by age (under age of 12 and over the age of 15
years old), child survivors of commercial sexual exploitation,
dual status youth (children in both foster care and juvenile
justice systems), and cross over children (children that cross
between the foster care and juvenile justice systems) and to
develop practices, policies, and protocols to confront the
challenges presented and experienced by these children and
their families.
``(2) Authority to award grants.--
``(A) In general.--The Secretary may award
competitive grants jointly to a State child welfare
agency and a State juvenile justice agency to
facilitate or enhance collaboration between the child
welfare and juvenile justice systems of the State in
order to carry out programs to address the needs of
children including those excluded from juvenile
adjudication by age (under age of 12 and over the age
of 15 years old), child survivors of commercial sexual
exploitation, dual status youth (children in both
foster care and juvenile justice systems), and cross
over children (children that cross between the foster
care and juvenile justice systems).
``(B) Funding.--Any grants awarded under this
subsection shall be awarded from the amounts made
available under subsection (a) of this section, after
the application of subsection (b) of this section and
before the determination of allotments under section
433.
``(C) Length of grants.--
``(i) In general.--A grant shall be awarded
under this subsection for a period of not less
than 2, and not more than 5, fiscal years,
subject to clause (ii).
``(ii) Extension of grant.--On application
of the grantee, the Secretary may extend for
not more than 2 fiscal years the period for
which a grant is awarded under this subsection.
``(3) Additional requirements.--
``(A) Application.--In order for a State to be
eligible for a grant under this subsection, it shall
submit an application, to be approved by the Secretary,
that includes--
``(i) a description of the proposed
leadership collaboration group (including the
membership of such group), and how such group
will manage and oversee a review and analysis
of current practices while working to jointly
address enhanced practices to improve outcomes
for children excluded from juvenile
adjudication by age (under age of 12 and over
the age of 15 years old), child survivors of
commercial sexual exploitation, dual status
youth (children in both foster care and
juvenile justice systems), and cross over
children (children that cross between the
foster care and juvenile justice systems);
``(ii) a description of how the State
proposes to--
``(I) identify any eligible
children;
``(II) identify individuals who are
at risk of becoming eligible children;
``(III) identify common
characteristics shared by any eligible
children in the State; and
``(IV) determine the prevalence of
children excluded from juvenile
adjudication by age (under age of 12
and over the age of 15 years old),
child survivors of commercial sexual
exploitation, dual status youth
(children in both foster care and
juvenile justice systems), and cross
over children (children that cross
between the foster care and juvenile
justice systems) in the State;
``(iii) a description of current and
proposed practices and procedures that the
State intends to use to--
``(I) screen and assess children
excluded from juvenile adjudication by
age (under age of 12 and over the age
of 15 years old), child survivors of
commercial sexual exploitation, dual
status youth (children in both foster
care and juvenile justice systems), and
cross over children (children that
cross between the foster care and
juvenile justice systems) for risks and
treatment needs;
``(II) provide targeted and
evidence-based services, including
educational, behavioral health, and
pro-social treatment interventions for
children excluded from juvenile
adjudication by age (under age of 12
and over the age of 15 years old),
child survivors of commercial sexual
exploitation, dual status youth
(children in both foster care and
juvenile justice systems), and cross
over children (children that cross
between the foster care and juvenile
justice systems); and
``(III) provide for a lawful
process to enhance or ensure the
abilities of the State and any relevant
agencies to share information and data
about children excluded from juvenile
adjudication by age (under age of 12
and over the age of 15 years old),
child survivors of commercial sexual
exploitation, dual status youth
(children in both foster care and
juvenile justice systems), and cross
over children (children that cross
between the foster care and juvenile
justice systems) while maintaining
confidentiality and privacy protections
under State and Federal law; and
``(iv) a certification that the State has
involved local governments, including tribal
governments, as appropriate, in the
development, expansion, modification,
operation, or improvement of proposed policy
and practice reforms to address the needs of
children excluded from juvenile adjudication by
age (under age of 12 and over the age of 15
years old), child survivors of commercial
sexual exploitation, dual status youth
(children in both foster care and juvenile
justice systems), and cross over children
(children that cross between the foster care
and juvenile justice systems).
``(B) No supplantation of other funds.--Any amounts
paid to a State under a grant under this subsection
shall be used to supplement and not supplant other
State expenditures on any eligible children involved
with either the child welfare or juvenile justice
systems.
``(C) Report.--A State child welfare agency and a
State juvenile justice agency receiving a grant under
this subsection shall jointly submit to the Secretary
and to the Administrator of the Office of Juvenile
Justice and Delinquency Prevention of the Department of
Justice and the Administration for Children and
Families of the Department of Health and Human Services
a report on the activities carried out under the grant
at the end of each fiscal year during the period of the
grant. Such report shall include--
``(i) a description of the scope and nature
of the children excluded from juvenile
adjudication by age (under age of 12 and over
the age of 15 years old), child survivors of
commercial sexual exploitation, dual status
youth (children in both foster care and
juvenile justice systems), and cross over
children (children that cross between the
foster care and juvenile justice systems) in
the State, including the number of dual status
youth;
``(ii) a description of the evidence-based
practices and procedures used by the agencies
to carry out the activities described in
subclauses (I) through (III) of subparagraph
(A)(iii); and
``(iii) an analysis of the effects of such
practices and procedures, including information
regarding--
``(I) the collection of data
related to individual children;
``(II) aggregate data related to
the eligible children population,
including--
``(aa) characteristics of
children excluded from juvenile
adjudication by age (under age
of 12 and over the age of 15
years old), child survivors of
commercial sexual exploitation,
dual status youth (children in
both foster care and juvenile
justice systems), and cross
over children (children that
cross between the foster care
and juvenile justice systems)
in the State;
``(bb) case processing
timelines; and
``(cc) information related
to case management, the
provision of targeted services,
and placements within the
foster care or juvenile justice
system; and
``(III) the extent to which such
practices and procedures have
contributed to--
``(aa) higher educational
attainment for any eligible
children;
``(bb) fewer delinquency
referrals for children excluded
from juvenile adjudication by
age (under age of 12 and over
the age of 15 years old), child
survivors of commercial sexual
exploitation, dual status youth
(children in both foster care
and juvenile justice systems),
and cross over children
(children that cross between
the foster care and juvenile
justice systems);
``(cc) shorter stays in
intensive restrictive
placements for children
excluded from juvenile
adjudication by age (under age
of 12 and over the age of 15
years old), child survivors of
commercial sexual exploitation,
dual status youth (children in
both foster care and juvenile
justice systems), and cross
over children (children that
cross between the foster care
and juvenile justice systems);
or
``(dd) such other outcomes
for children excluded from
juvenile adjudication by age
(under age of 12 and over the
age of 15 years old), child
survivors of commercial sexual
exploitation, dual status
youths (children in both foster
care and juvenile justice
systems), and cross over
children (children that cross
between the foster care and
juvenile justice systems) as
the State child welfare agency
and State juvenile justice
agency may identify.
``(4) Training and technical assistance.--The Secretary may
support State child welfare agencies and State juvenile justice
agencies by offering a program, developed in consultation with
organizations and agencies with subject matter expertise, of
training and technical assistance to assist the agencies in
developing programs and protocols--
``(A) to facilitate or enhance collaboration
between State child welfare agencies and State juvenile
justice agencies; and
``(B) for effectively working with Federal agencies
and child welfare and juvenile justice agencies from
other States.
``(5) Report.--Not later than 3 years after the date of
enactment of this subsection, and every 3 years thereafter, the
Secretary and the Attorney General of the Department of Justice
shall jointly submit to the Committee on Finance and the
Committee on the Judiciary of the Senate and the Committee on
Ways and Means and the Committee on Education and Workforce of
the House of Representatives, a report on the grants provided
under this subsection.
``(6) Definitions.--In this subsection:
``(A) Commercial sexual exploitation.--The term
`commercial sexual exploitation' means crimes and
activities involving the sexual abuse or exploitation
of a person under age 18 for the financial benefit of
any person or in exchange for anything of value,
including monetary and non-monetary benefits, given or
received by any person.
``(B) Dual status youth.--The term `dual status
youth' means a child who has come into contact with
both the child welfare and juvenile justice systems and
occupies various statuses in terms of the individual's
relationship to such systems.
``(C) Leadership collaboration group.--The term
`leadership collaboration group' means a group composed
of senior officials from the State child welfare
agency, the State juvenile justice agency, and other
relevant youth and family-serving public agencies and
private organizations, including tribal nations, and to
the extent practicable, representatives from the State
judiciary branch.
``(D) State juvenile justice agency.--The term
`State juvenile justice agency' means the agency of the
State or Indian tribe responsible for administering
grant funds awarded under the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.).
``(E) State child welfare agency.--The term `State
child welfare agency' means the State agency
responsible for administering the program under subpart
1, or in the case of a tribal organization operating a
direct Title IV-B (SSA) program or a Title IV-B-funded
program through tribal-State agreement, or that is
receiving payments under section 428, the tribal agency
responsible for administering such program.''.
(b) Conforming Amendment.--Subsections (b) and (c) of section 433
of such Act (42 U.S.C. 633) are each amended by striking ``section
436(b)'' and inserting ``subsections (b) and (c) of section 436''.
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