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SEC. 102.2 CHILD ABUSE AND DISABILITY. ²

Section 101 of the Act amended the Child Abuse Prevention and Treatment Act in its entirety.

(a) Study.—The Director of the National Center on Child Abuse and Neglect shall conduct a study of— (1) the incidence of child abuse among children with handicaps, including children in out-of-home placements, and the relationship between child abuse and children's handicapping conditions; and (2) the incidence of children who have developed handicapping conditions as a result of child abuse or neglect. (b) Report.—Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include— (1) the information and data gathered; (2) an analysis of such information and data; and (3) recommendations on how to prevent abuse of disabled children. [42 U.S.C. 5105 note]

SEC. 103. CHILD ABUSE AND ALCOHOLIC FAMILIES. (a) Study.—The Director of the National Center on Child Abuse and Neglect shall conduct a study of the incidence of child abuse in alcoholic families and the relationship between child abuse and familial alcoholism. (b) Report.—Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include— (1) the information and data gathered; (2) an analysis of such information and data; and (3) recommendations on how to prevent child abuse in alcoholic families. [42 U.S.C. 5105 note]

SEC. 104. STUDY OF GUARDIAN-AD-LITEM. (a) Study.—The Director of the National Center on Child Abuse and Neglect shall conduct a study of— (1) how individual legal representation of children in cases of child abuse or neglect has been provided in each State; and (2) the effectiveness of legal representation of children in cases of abuse or neglect through the use of guardian-ad-litem and court appointed special advocates. (b) Report.—Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include— (1) the information and data gathered; (2) an analysis of such information and data; and (3) recommendations on how to improve legal representation of children in cases of abuse or neglect. [42 U.S.C. 5105 note]

SEC. 105. HIGH RISK STUDY. (a) Study.—The Director of the National Center on Child Abuse and Neglect shall conduct a study— (1) to identify groups which have been historically underserved or unserved by programs relating to child abuse and neglect; and (2) to report the incidence of child abuse and neglect among children who are members of such groups. (b) Report.—Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include— (1) the information and data gathered; (2) an analysis of such information and data; and (3) recommendations on how to better meet the needs of underserved or unserved groups. [42 U.S.C. 5105 note]

SEC. 106. PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS. (a) Findings.—The Congress finds that— (1) even by conservative estimates, during 1985 and 1986, child abuse fatalities in this country increased by 23 percent; (2) the average age of children who die from abuse and neglect is two years old; (3) child abuse fatalities are not inherently predictable but many are preventable; (4) many accidental childhood injuries are likewise preventable; (5) accidental childhood injuries remain the biggest killer and disabler of children between the ages of 1 and 14; (6) in the face of stagnating infant mortality indicators, the United States is now tied for last place among 20 industrialized nations with respect to infant mortality; (7) the teen suicide rate is starting to climb again, with deaths totaling over 5,000 in 1986; and (8) homicide is the second leading cause of death in youths aged fourteen to twenty-four years. (b) Establishment of Commission.—There is established a National Commission on Child and Youth Deaths (hereafter in this section referred to as the “Commission”). The Commission shall be composed of fifteen members as follows: (1) Two members of the Senate, one to be selected by the Majority Leader of the Senate, the other to be selected by the Minority Leader of the Senate. (2) Two members of the House, one to be selected by the Speaker of the House of Representatives, the other to be selected by the Minority Leader of the House. (3) Four representatives of State government shall be selected by the President: (A) The chief executive officer of a State. (B) A chief State official responsible for administering child health and mental health programs. (C) A chief State official responsible for administering children's social services programs. (D) A chief State official responsible for administering law enforcement programs. (4) The Secretary of Health and Human Services. (5) Six at large members, including representatives of community-based organizations with demonstrated expertise in the prevention and identification of child and youth deaths due to child abuse and neglect, infant mortality (including sudden infant death syndrome), suicide, homicide, and unintentional injuries, to be jointly selected by the Majority Leader of the Senate and Speaker of the House of Representatives. (c) Study and Evaluation by the Commission.—The Commission shall study and evaluate comprehensively Federal, State, and local public and private resources which affect child and youth deaths and shall— (1) evaluate the adequacy and effectiveness of programs designed to prevent or identify child and youth deaths which are intentionally caused or which occur due to negligence, neglect, or a failure to exercise proper care, including child health and mental health services, child protective services, child welfare services, education, juvenile justice services, and law enforcement activities; (2) evaluate the effectiveness of current Federal, State, and local policies and systems aimed at appropriately identifying and collecting accurate, uniform data on child and youth deaths in a coordinated fashion; (3) evaluate the adequacy of current Federal, State, and local efforts to enable an appropriate distribution of properly trained child health, mental health, social services, protective services, education, juvenile justice, and law enforcement personnel to prevent and identify child and youth deaths; and (4) identify current resource limitations on and intergovernmental and Federal interagency barriers to the care needed to prevent high child and youth death rates. In order to conduct the study and evaluation required by this subsection, the Commission shall hold hearings in areas of the United States with high child and youth death rates. (d) Recommendations and Report of the Commission.—(1) The Commission shall make recommendations with respect to— (A) a national policy designed to reduce and prevent child and youth deaths, including recommendations for more accurate reporting systems and recommendations concerning appropriate roles for the Federal Government, States, and local governments and the private sector; (B) specific changes needed in Federal laws and Federal programs to achieve an effective Federal role in preventing child and youth deaths, including the programs specified in subparagraph (A); and (C) specific changes needed to improve national data collection with respect to child and youth deaths. In making its recommendations, the Commission shall review recommendations made in recent regional and national conferences and reports on child and youth deaths. (2) Within 12 months after the appointment of the Commission, the Commission shall prepare and transmit to the President and the appropriate committees of the Congress a report describing the activities of the Commission and containing information gathered and evaluations required by subsection (c) and recommendations required by paragraph (1) of this subsection. (e) Administration Provisions.—(1) A vacancy in the Commission shall be filled in the same manner as the original appointment was made. A vacancy in the Commission shall not affect its powers. (2) Members shall be appointed for the life of the Commission. (3) The members of the Commission shall elect a Chairman from among the members of the Commission. (4) Eleven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (5) The Commission shall hold its first meeting on a date specified by the President which is not later than 90 days after October 1, 1988. Thereafter, the Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least three times during the life of the Commission. (f) Compensation of Members.—(1) Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the actual performance of duties as a member of the Commission. Each member of the Commission who is an officer or employee of the United States shall receive no additional compensation. (2) While away from their homes or regular place of business in the performance of duties for the Commission, all members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (g) Executive Director of Commission.—(1) The Commission shall appoint an Executive Director who shall be compensated at a rate not to exceed the rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) With the approval of the Commission, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Commission. (3) The Executive Director and the additional personnel of the Commission referred to in paragraph (2) may be appointed without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) Subject to such rules as may be prescribed by the Commission, the Executive Director may procure temporary or intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed $200 per day. (5) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this section. (6) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative and support services as the Commission may request. (h) Powers of Commission.—(1) For the purpose of carrying out this section, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The commission may administer oaths or affirmations to witnesses appearing before the Commission. (2) Any member or employee of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (3) The Commission may secure directly from any Federal agency such information as may be necessary to enable the Commission to carry out this section. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (i) Authorization of Appropriations.—For fiscal years beginning after September 30, 1987, there are authorized to be appropriated such sums as may be necessary to carry out this section. (j) Termination.—The Commission shall terminate 90 days after the date on which the Commission transmits the report required under subsection (d)(2) to the President and the appropriate committees of Congress. [42 U.S.C. 5101 note]