[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Page S8297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1996

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                        COATS AMENDMENT NO. 4926

  Mr. ROTH (for Mr. Coats) proposed an amendment to the bill (S. 919) 
to modify and reauthorize the Child Abuse Prevention and Treatment Act, 
and for other purposes; as follows:

       Beginning on page 83, strike line 6 and all that follows 
     through line 10 on page 86, and insert the following:
       ``(b) Eligibility Requirements.--
       ``(1) In general.--In order for a State to qualify for a 
     grant under subsection (a), such State shall provide an 
     assurance or certification, signed by the chief executive 
     officer of the State, that the State--
       ``(A) has in effect and operation a State law or Statewide 
     program relating to child abuse and neglect which ensures--
       ``(i) provisions or procedures for the reporting of known 
     and suspected instances of child abuse and neglect;
       ``(ii) procedures for the immediate screening, safety 
     assessment, and prompt investigation of such reports;
       ``(iii) procedures for immediate steps to be taken to 
     ensure and protect the safety of the abused or neglected 
     child and of any other child under the same care who may also 
     be in danger of abuse or neglect;
       ``(iv) provisions for immunity from prosecution under State 
     and local laws and regulations for individuals making good 
     faith reports of suspected or known instances of child abuse 
     or neglect;
       ``(v) 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, having a need for such information in 
     order to carry out its responsibilities under law to protect 
     children from abuse and neglect;
       ``(III) child abuse citizen review panels;
       ``(IV) child fatality review panels;
       ``(V) a grant jury or court, upon a finding that 
     information in the record is necessary for the determination 
     of an issue before the court or grant jury; and
       ``(VI) other entities or classes of individuals statutorily 
     authorized by the State to receive such information pursuant 
     to a legitimate State purpose;

       ``(vi) provisions which allow for public disclosure of the 
     findings or information about the case of child abuse or 
     neglect which has resulted in a child fatality or near 
     fatality;
       ``(vii) the cooperation of State law enforcement officials, 
     court of competent jurisdiction, and appropriate State 
     agencies providing human services;
       ``(viii) 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 service agencies 
     from keeping information on unsubstantiated reports in their 
     casework files to assist in future risk and safety 
     assessment; and
       ``(ix) provisions and procedures requiring that in every 
     case involving an abused or neglected child which results in 
     a judicial proceeding, a guardian ad litem shall be appointed 
     to represent the child in such proceedings; and
       ``(B) has in place procedures for responding to the 
     reporting of medical neglect (including instances of 
     withholding of medically indicated treatment from disabled 
     infants with 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 disabled infants with 
     life-threatening conditions); and
       ``(iii) authority, under State law, for the State child 
     protective service 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 
     disabled infants with life threatening conditions.
       ``(2) Limitation.--With regard to clauses (v) and (vi) of 
     paragraph (1)(A), nothing in this section shall be construed 
     as restricting the ability of a State to refuse to disclose 
     identifying information concerning the individual initiating 
     a report or complaint alleging suspected instances of child 
     abuse or neglect, except that the State may not refuse such a 
     disclosure where a court orders such disclosure after such 
     court has reviewed, in camera, the record of the State 
     related to the report or complaint and has found it has 
     reason to believe that the reporter knowingly made a false 
     report.
       ``(3) Definition.--For purposes of this subsection, the 
     term `near fatality' means an act that, as certified by a 
     physician, places the child in serious or critical condition.
       On page 91, strike lines 1 and 2, and insert the following: 
     ``, serious physical or emotional harm, sexual abuse or 
     exploitation, or an act of failure to act which presents an 
     imminent risk of serious harm;'.''.
       On page 91, strike lines 9 through 11, and insert the 
     following: ``$100,000,000 for fiscal year 1997, and such sums 
     as may be necessary for each of the fiscal years 1998 through 
     2001.''.
       On page 92, line 23, strike ``Case'' and insert ``Except 
     with respect to the withholding of medically indicated 
     treatments from disabled infants with life threatening 
     conditions, case''.
       On page 114, lines 19 and 20, strike ``1996 through 2000'' 
     and insert ``1997 through 2001''.
       On page 120, line 10, strike``2000'' and insert ``2001''.
       On page 120, line 22, strike ``and 1996'' and insert 
     ``through 1997''.
       On page 120, line 23, strike ``1997 through 2000'' and 
     insert ``1998 through 2001''.
       On page 121, lines 8 and 9, strike ``1996, and 1997'' and 
     insert ``1996, and 1997 through 2001''.
       On page 121, line 23, strike ``2000'' and insert ``2001''.

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