[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Pages S8303-S8311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1995

  Mr. ROTH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 149, S. 919.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 919) to modify and reauthorize the Child Abuse 
     Prevention and Treatment Act, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Comittee on Labor and Human Resources, 
with an amendment to strike out all after the enacting clause and 
inserting in lieu therefore the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Child 
     Abuse Prevention and Treatment Act Amendments of 1995''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

       Sec. 1. Short title; table of contents.

                        TITLE I--GENERAL PROGRAM

       Sec. 101. Reference.
       Sec. 102. Findings.
       Sec. 103. Office of Child Abuse and Neglect.
       Sec. 104. Advisory Board on Child Abuse and Neglect.
       Sec. 105. Repeal of Interagency Task Force.
       Sec. 106. National Clearinghouse for Information Relating 
           to Child Abuse.
       Sec. 107. Research and assistance activities.
       Sec. 108. Grants for demonstration programs.
       Sec. 109. State grants for prevention and treatment 
           programs.
       Sec. 110. Repeal.
       Sec. 111. Miscellaneous requirements.
       Sec. 112. Definitions.
       Sec. 113. Authorization of appropriations.
       Sec. 114. Rule of construction.
       Sec. 115. Technical amendment.

  TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

       Sec. 201. Establishment of program.
       Sec. 202. Repeals.

           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

       Sec. 301. Reference.
       Sec. 302. State demonstration grants.
       Sec. 303. Allotments.
       Sec. 304. Authorization of appropriations.

                    TITLE IV--ADOPTION OPPORTUNITIES

       Sec. 401. Reference.
       Sec. 402. Findings and purpose.
       Sec. 403. Information and services.
       Sec. 404. Authorization of appropriations.

           TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

       Sec. 501. Reauthorization.

             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

       Sec. 601. Missing Children's Assistance Act.
       Sec. 602. Victims of Child Abuse Act of 1990.
                        TITLE I--GENERAL PROGRAM

     SEC. 101. REFERENCE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5101 et seq.).

     SEC. 102. FINDINGS.

       Section 2 (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (1), the read as follows:
       ``(1) each year, close to 1,000,000 American children are 
     victims of abuse and neglect;'';
       (2) in paragraph (3)(C), by inserting ``assessment,'' after 
     ``prevention,'';
       (3) in paragraph (4)--
       (A) by striking ``tens of''; and
       (B) by striking ``direct'' and all that follows through the 
     semicolon and inserting ``tangible

[[Page S8304]]

     expenditures, as well as significant intangible costs;'';
       (4) in paragraph (7), by striking ``remedy the causes of'' 
     and inserting ``prevent'';
       (5) in paragraph (8), by inserting ``safety,'' after 
     ``fosters the health,'';
       (6) in paragraph (10)--
       (A) by striking ``ensure that every community in the United 
     States has'' and inserting ``assist States and communities 
     with''; and
       (B) by inserting ``and family'' after ``comprehensive 
     child''; and
       (7) in paragraph (11)--
       (A) by striking ``child protection'' each place that such 
     appears and inserting ``child and family protection''; and
       (B) in subparagraph (D), by striking ``sufficient''.

     SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.

       Section 101 (42 U.S.C.5101) is amended to read as follows:

     ``SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

       ``(a) Establishment.--The Secretary of Health and Human 
     Services may establish an office to be known as the Office on 
     Child Abuse and Neglect.
       ``(b) Purpose.--The purpose of the Office established under 
     subsection (a) shall be to execute and coordinate the 
     functions and activities of this Act. In the event that such 
     functions and activities are performed by another entity or 
     entities within the Department of Health and Human Services, 
     the Secretary shall ensure that such functions and activities 
     are executed with the necessary expertise and in a fully 
     coordinated manner involving regular intradepartmental and 
     interdepartmental consultation with all agencies involved in 
     child abuse and neglect activities.''.

     SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

       Section 102 (42 U.S.C.5102) is amended to read as follows:

     ``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

       ``(a) Appointment.--The Secretary may appoint an advisory 
     board to make recommendations to the Secretary and to the 
     appropriate committees of Congress concerning specific issues 
     relating to child abuse and neglect.
       ``(b) Solicitation of Nominations.--The Secretary shall 
     publish a notice in the Federal Register soliciting 
     nominations for the appointment of members of the advisory 
     board under subsection (a).
       ``(c) Composition.--In establishing the board under 
     subsection (a), the Secretary shall appoint members from the 
     general public who are individuals knowledgeable in child 
     abuse and neglect prevention, intervention, treatment, or 
     research, and with due consideration to representation of 
     ethnic or racial minorities and diverse geographic areas, and 
     who represent--
       ``(1) law (including the judiciary);
       ``(2) psychology (including child development);
       ``(3) social services (including child protective 
     services);
       ``(4) medicine (including pediatrics);
       ``(5) State and local government;
       ``(6) organizations providing services to disabled persons;
       ``(7) organizations providing services to adolescents;
       ``(8) teachers;
       ``(9) parent self-help organizations;
       ``(10) parents' groups;
       ``(11) voluntary groups;
       ``(12) family rights groups; and
       ``(13) children's rights advocates.
       ``(d) Vacancies.--Any vacancy in the membership of the 
     board shall be filled in the same manner in which the 
     original appointment was made.
       ``(e) Election of Officers.--The board shall elect a 
     chairperson and vice-chairperson at its first meeting from 
     among the members of the board.
       ``(f) Duties.--Not later than 1 year after the 
     establishment of the board under subsection (a), the board 
     shall submit to the Secretary and the appropriate committees 
     of Congress a report, or interim report, containing--
       ``(1) recommendations on coordinating Federal, State, and 
     local child abuse and neglect activities with similar 
     activities at the Federal, State, and local level pertaining 
     to family violence prevention;
       ``(2) specific modifications needed in Federal and State 
     laws and programs to reduce the number of unfounded or 
     unsubstantiated reports of child abuse or neglect while 
     enhancing the ability to identify and substantiate legitimate 
     cases of abuse or neglect which place a child in danger; and
       ``(3) recommendations for modifications needed to 
     facilitate coordinated national data collection with respect 
     to child protection and child welfare.''.

     SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

       Section 103 (42 U.S.C.5103) is repealed.

     SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 104 (42 U.S.C.5104) is amended--
       (1) in subsection (a), to read as follows:
       ``(a) Establishment.--The Secretary shall through the 
     Department, or by one or more contracts of not less than 3 
     years duration let through a competition, establish a 
     national clearinghouse for information relating to child 
     abuse.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Secretary'';
       (B) in paragraph (1)--
       (i) by inserting ``assessment,'' after ``prevention,''; and
       (ii) by striking ``, including'' and all that follows 
     through ``105(b)'' and inserting ``and'';
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking ``general population'' 
     and inserting ``United States'';
       (ii) in subparagraph (B), by adding ``and'' at the end 
     thereof;
       (iii) in subparagraph (C), by striking ``; and'' at the end 
     thereof and inserting a period; and
       (iv) by striking subparagraph (D); and
       (D) by striking paragraph (3); and
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Secretary'';
       (B) in paragraph (2), by striking ``that is represented on 
     the task force'' and inserting ``involved with child abuse 
     and neglect and mechanisms for the sharing of such 
     information among other Federal agencies and 
     clearinghouses'';
       (C) in paragraph (3), by striking ``State, regional'' and 
     all that follows and inserting the following: ``Federal, 
     State, regional, and local child welfare data systems which 
     shall include:
       ``(A) standardized data on false, unfounded, 
     unsubstantiated, and substantiated reports; and
       ``(B) information on the number of deaths due to child 
     abuse and neglect;'';
       (D) by redesignating paragraph (4) as paragraph (6); and
       (E) by inserting after paragraph (3), the following new 
     paragraphs:
       ``(4) through a national data collection and analysis 
     program and in consultation with appropriate State and local 
     agencies and experts in the field, collect, compile, and make 
     available State child abuse and neglect reporting information 
     which, to the extent practical, shall be universal and case 
     specific, and integrated with other case-based foster care 
     and adoption data collected by the Secretary;
       ``(5) compile, analyze, and publish a summary of the 
     research conducted under section 105(a); and''.

     SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

       (a) Research.--Section 105(a) (42 (42 U.S.C. 5105(a)) is 
     amended--
       (1) in the section heading, by striking ``OF THE NATIONAL 
     CENTER ON CHILD ABUSE AND NEGLECT'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``, through the Center, conduct research on'' and inserting 
     ``, in consultation with other Federal agencies and 
     recognized experts in the field, carry out a continuing 
     interdisciplinary program of research that is designed to 
     provide information needed to better protect children from 
     abuse or neglect and to improve the well-being of abused or 
     neglected children, with at least a portion of such research 
     being field initiated. Such research program may focus on'';
       (B) by redesignating subparagraphs (A) through (C) as 
     subparagraph (B) through (D), respectively;
       (C) by inserting before subparagraph (B) (as so 
     redesignated) the following new subparagraph:
       ``(A) the nature and scope of child abuse and neglect;'';
       (D) in subparagraph (B) (as so redesignated), to read as 
     follows:
       ``(B) causes, prevention, assessment, identification, 
     treatment, cultural and socio-economic distinctions, and the 
     consequences of child abuse and neglect;'';
       (E) in subparagraph (D) (as so redesignated)--
       (i) by striking clause (ii); and
       (ii) in clause (iii), to read as follows:
       ``(ii) the incidence of substantiated and unsubstantiated 
     reported child abuse cases;
       ``(iii) the number of substantiated cases that result in a 
     judicial finding of child abuse or neglect or related 
     criminal court convictions;
       ``(iv) the extent to which the number of unsubstantiated, 
     unfounded and false reported cases of child abuse or neglect 
     have contributed to the inability of a State to respond 
     effectively to serious cases of child abuse or neglect;
       ``(v) the extent to which the lack of adequate resources 
     and the lack of adequate training of reporters have 
     contributed to the inability of a State to respond 
     effectively to serious cases of child abuse and neglect;
       ``(vi) the number of unsubstantiated, false, or unfounded 
     reports that have resulted in a child being placed in 
     substitute care, and the duration of such placement;
       ``(vii) the extent to which unsubstantiated reports return 
     as more serious cases of child abuse or neglect;
       ``(viii) the incidence and prevalence of physical, sexual, 
     and emotional abuse and physical and emotional neglect in 
     substitute care; and
       ``(ix) the incidence and outcomes of abuse allegations 
     reported within the context of divorce, custody, or other 
     family court proceedings, and the interaction between this 
     venue and the child protective services system.''; and
       (3) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking ``and demonstrations''; and
       (ii) by striking ``paragraph (1)(A) and activities under 
     section 106'' and inserting ``paragraph (1)''; and
       (B) in subparagraph (B), by striking ``and demonstration''.
       (b) Repeal.--Subsection (b) of section 105 (42 U.S.C. 
     5105(b)) is repealed.
       (c) Technical Assistance.--Section 105(c) (42 U.S.C. 
     5105(c)) is amended--
       (1) by striking ``The Secretary'' and inserting:
       ``(1) In general.--The Secretary'';
       (2) by striking ``, through the Center,'';
       (3) by inserting ``State and local'' before ``public and 
     nonprofit'';
       (4) by inserting ``assessment,'' before ``identification''; 
     and
       (5) by adding at the end thereof the following new 
     paragraphs:
       ``(2) Evaluation.--Such technical assistance may include an 
     evaluation or identification of--
       ``(A) various methods and procedures for the investigation, 
     assessment, and prosecution of child physical and sexual 
     abuse cases;

[[Page S8305]]

       ``(B) ways to mitigate psychological trauma to the child 
     victim; and
       ``(C) effective programs carried out by the States under 
     titles I and II.
       ``(3) Dissemination.--The Secretary may provide for and 
     disseminate information relating to various training 
     resources available at the State and local level to--
       ``(A) individuals who are engaged, or who intend to engage, 
     in the prevention, identification, and treatment of child 
     abuse and neglect; and
       ``(B) appropriate State and local officials to assist in 
     training law enforcement, legal, judicial, medical, mental 
     health, education, and child welfare personnel in appropriate 
     methods of interacting during investigative, administrative, 
     and judicial proceedings with children who have been 
     subjected to abuse.''.
       (d) Grants and Contracts.--Section 105(d)(2) (42 U.S.C. 
     5105(d)(2)) is amended by striking the second sentence.
       (e) Peer Review.--Section 105(e) (42 U.S.C. 5105(e)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by striking ``establish a formal'' and inserting ``, in 
     consultation with experts in the field and other federal 
     agencies, establish a formal, rigorous, and meritorious'';
       (ii) by striking ``and contracts''; and
       (iii) by adding at the end thereof the following new 
     sentence: ``The purpose of this process is to enhance the 
     quality and usefulness of research in the field of child 
     abuse and neglect.''; and
       (B) in subparagraph (B)--
       (i) by striking ``Office of Human Development'' and 
     inserting ``Administration on Children and Families''; and
       (ii) by adding at the end thereof the following new 
     sentence: ``The Secretary shall ensure that the peer review 
     panel utilizes scientifically valid review criteria and 
     scoring guidelines for review committees.''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``, contract, or other financial assistance''; and
       (B) by adding at the end thereof the following flush 
     sentence:
     ``The Secretary shall award grants under this section on the 
     basis of competitive review.''.

     SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

       Section 106 (42 U.S.C. 5106) is amended--
       (1) in the section heading, by striking ``OR SERVICE'';
       (2) in subsection (a), to read as follows:
       ``(a) Demonstration Programs and Projects.--The Secretary 
     may make grants to, and enter into contracts with, public 
     agencies or nonprofit private agencies or organizations (or 
     combinations of such agencies or organizations) for time 
     limited, demonstration programs and projects for the 
     following purposes:
       ``(1) Training programs.--The Secretary may award grants to 
     public or private non-profit organizations under this 
     section--
       ``(A) for the training of professional and paraprofessional 
     personnel in the fields of medicine, law, education, social 
     work, and other relevant fields who are engaged in, or intend 
     to work in, the field of prevention, identification, and 
     treatment of child abuse and neglect, including the links 
     between domestic violence and child abuse;
       ``(B) to provide culturally specific instruction in methods 
     of protecting children from child abuse and neglect to 
     children and to persons responsible for the welfare of 
     children, including parents of and persons who work with 
     children with disabilities;
       ``(C) to improve the recruitment, selection, and training 
     of volunteers serving in private and public nonprofit 
     children, youth and family service organizations in order to 
     prevent child abuse and neglect through collaborative 
     analysis of current recruitment, selection, and training 
     programs and development of model programs for dissemination 
     and replication nationally; and
       ``(D) for the establishment of resource centers for the 
     purpose of providing information and training to 
     professionals working in the field of child abuse and 
     neglect.
       ``(2) Mutual support programs.--The Secretary may award 
     grants to private non-profit organizations (such as Parents 
     Anonymous) to establish or maintain a national network of 
     mutual support and self-help programs as a means of 
     strengthening families in partnership with their communities.
       ``(3) Other innovative programs and projects.--
       ``(A) In general.--The Secretary may award grants to public 
     agencies that demonstrate innovation in responding to reports 
     of child abuse and neglect including programs of 
     collaborative partnerships between the State child protective 
     service agency, community social service agencies and family 
     support programs, schools, churches and synagogues, and other 
     community agencies to allow for the establishment of a triage 
     system that--
       ``(i) accepts, screens and assesses reports received to 
     determine which such reports require an intensive 
     intervention and which require voluntary referral to another 
     agency, program or project;
       ``(ii) provides, either directly or through referral, a 
     variety of community-linked services to assist families in 
     preventing child abuse and neglect; and
       ``(iii) provides further investigation and intensive 
     intervention where the child's safety is in jeopardy.
       ``(B) Kinship care.--The Secretary may award grants to 
     public entities to assist such entities in developing or 
     implementing procedures using adult relatives as the 
     preferred placement for children removed from their home, 
     where such relatives are determined to be capable of 
     providing a safe nurturing environment for the child or where 
     such relatives comply with the State child protection 
     standards.
       ``(C) Visitation centers.--The Secretary may award grants 
     to public or private nonprofit entities to assist such 
     entities in the establishment or operation of supervised 
     visitation centers where there is documented, highly 
     suspected, or elevated risk of child sexual, physical, or 
     emotional abuse where, due to domestic violence, there is an 
     ongoing risk of harm to a parent or child.'';
       (3) in subsection (c), by striking paragraphs (1) and (2); 
     and
       (4) by adding at the end thereof the following new 
     subsection:
       ``(d) Evaluation.--In making grants for demonstration 
     projects under this section, the Secretary shall require all 
     such projects to be evaluated for their effectiveness. 
     Funding for such evaluations shall be provided either as a 
     stated percentage of a demonstration grant or as a separate 
     grant entered into by the Secretary for the purpose of 
     evaluating a particular demonstration project or group of 
     projects.''.

     SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

       Section 107 (42 U.S.C. 5106a) is amended to read as 
     follows:

     ``SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       ``(a)  Development and Operation Grants.--The Secretary 
     shall make grants to the States, based on the population of 
     children under the age of 18 in each State that applies for a 
     grant under this section, for purposes of assisting the 
     States in improving the child protective service system of 
     each such State in--
       ``(1) the intake, assessment, screening, and investigation 
     of reports of abuse and neglect;
       ``(2)(A) creating and improving the use of 
     multidisciplinary teams and interagency protocols to enhance 
     investigations; and
       ``(B) improving legal preparation and representation, 
     including--
       ``(i) procedures for appealing and responding to appeals of 
     substantiated reports of abuse and neglect; and
       ``(ii) provisions for the appointment of a guardian ad 
     litem.
       ``(3) case management and delivery of services provided to 
     children and their families;
       ``(4) enhancing the general child protective system by 
     improving risk and safety assessment tools and protocols, 
     automation systems that support the program and track reports 
     of child abuse and neglect from intake through final 
     disposition and information referral systems;
       ``(5) developing, strengthening, and facilitating training 
     opportunities and requirements for individuals overseeing and 
     providing services to children and their families through the 
     child protection system;
       ``(6) developing and facilitating training protocols for 
     individuals mandated to report child abuse or neglect;
       ``(7) developing, strengthening, and supporting child abuse 
     and neglect prevention, treatment, and research programs in 
     the public and private sectors;
       ``(8) developing, implementing, or operating--
       ``(A) information and education programs or training 
     programs designed to improve the provision of services to 
     disabled infants with life-threatening conditions for--
       ``(i) professional and paraprofessional personnel concerned 
     with the welfare of disabled infants with life-threatening 
     conditions, including personnel employed in child protective 
     services programs and health-care facilities; and
       ``(ii) the parents of such infants; and
       ``(B) programs to assist in obtaining or coordinating 
     necessary services for families of disabled infants with 
     life-threatening conditions, including--
       ``(i) existing social and health services;
       ``(ii) financial assistance; and
       ``(iii) services necessary to facilitate adoptive placement 
     of any such infants who have been relinquished for adoption; 
     or
       ``(9) developing and enhancing the capacity of community-
     based programs to integrate shared leadership strategies 
     between parents and professionals to prevent and treat child 
     abuse and neglect at the neighborhood level.
       ``(b) Eligibility Requirements.--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--
       ``(1) has in effect and operation a State law or Statewide 
     program relating to child abuse and neglect which ensures--
       ``(A) provisions or procedures for the reporting of known 
     and suspected instances of child abuse and neglect;
       ``(B) procedures for the immediate screening, safety 
     assessment, and prompt investigation of such reports;
       ``(C) 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;
       ``(D) 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;
       ``(E) 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 methods to ensure 
     that disclosure (and redisclosure) of information concerning 
     child abuse or neglect involving specific individuals is made 
     only to persons or entities that the State determines have a 
     need for such information directly related to the purposes of 
     this Act;
       ``(F) requirements for the prompt disclosure of all 
     relevant information to any Federal, State, or local 
     governmental entity, or any agent of such entity, with a need 
     for such information in order to carry out its 
     responsibilities under law to protect children from abuse and 
     neglect;

[[Page S8306]]

       ``(G) the cooperation of State law enforcement officials, 
     court of competent jurisdiction, and appropriate State 
     agencies providing human services;
       ``(H) 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
       ``(I) 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
       ``(2) 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--
       ``(A) coordination and consultation with individuals 
     designated by and within appropriate health-care facilities;
       ``(B) 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
       ``(C) 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.
       ``(c) Additional Requirement.--Not later than 2 years after 
     the date of enactment of this section, the State shall 
     provide an assurance or certification that the State has in 
     place provisions, procedures, and mechanisms by which 
     individuals who disagree with an official finding of abuse or 
     neglect can appeal such finding.
       ``(d) State Program Plan.--To be eligible to receive a 
     grant under this section, a State shall submit every 5 years 
     a plan to the Secretary that specifies the child protective 
     service system area or areas described in subsection (a) that 
     the State intends to address with funds received under the 
     grant. Such plan shall, to the maximum extent practicable, be 
     coordinated with the plan of the State for child welfare 
     services and family preservation and family support services 
     under part B of title IV of the Social Security Act and shall 
     contain an outline of the activities that the State intends 
     to carry out using amounts provided under the grant to 
     achieve the purposes of this Act, including the procedures to 
     be used for--
       ``(1) receiving and assessing reports of child abuse or 
     neglect;
       ``(2) investigating such reports;
       ``(3) protecting children by removing them from dangerous 
     settings and ensuring their placement in a safe environment;
       ``(4) providing services or referral for services for 
     families and children where the child is not in danger of 
     harm;
       ``(5) providing services to individuals, families, or 
     communities, either directly or through referral, aimed at 
     preventing the occurrence of child abuse and neglect;
       ``(6) providing training to support direct line and 
     supervisory personnel in report-taking, screening, 
     assessment, decision-making, and referral for investigation; 
     and
       ``(7) providing training for individuals mandated to report 
     suspected cases of child abuse or neglect.
       ``(e) Restrictions Relating to Child Welfare Services.--
     Programs or projects relating to child abuse and neglect 
     assisted under part B of title IV of the Social Security Act 
     shall comply with the requirements set forth in paragraphs 
     (1) (A) and (B), and (2) of subsection (b).
       ``(f) Annual State Data Reports.--Each State to which a 
     grant is made under this part shall annually work with the 
     Secretary to provide, to the maximum extent practicable, a 
     report that includes the following:
       ``(1) The number of children who were reported to the State 
     during the year as abused or neglected.
       ``(2) Of the number of children described in paragraph (1), 
     the number with respect to whom such reports were--
       ``(A) substantiated;
       ``(B) unsubstantiated; and
       ``(C) determined to be false.
       ``(3) Of the number of children described in paragraph 
     (2)--
       ``(A) the number that did not receive services during the 
     year under the State program funded under this part or an 
     equivalent State program;
       ``(B) the number that received services during the year 
     under the State program funded under this part or an 
     equivalent State program; and
       ``(C) the number that were removed from their families 
     during the year by disposition of the case.
       ``(4) The number of families that received preventive 
     services from the State during the year.
       ``(5) The number of deaths in the State during the year 
     resulting from child abuse or neglect.
       ``(6) Of the number of children described in paragraph (5), 
     the number of such children who were in foster care.
       ``(7) The number of child protective service workers 
     responsible for the intake and screening of reports filed in 
     the previous year.
       ``(8) The agency response time with respect to each such 
     report with respect to initial investigation of reports of 
     child abuse or neglect.
       ``(9) The response time with respect to the provision of 
     services to families and children where an allegation of 
     abuse or neglect has been made.
       ``(10) The number of child protective service workers 
     responsible for intake, assessment, and investigation of 
     child abuse and neglect reports relative to the number of 
     reports investigated in the previous year.
       ``(g) Annual Report by the Secretary.--Within 6 months 
     after receiving the State reports under subsection (f), the 
     Secretary shall prepare a report based on information 
     provided by the States for the fiscal year under such 
     subsection and shall make the report and such information 
     available to the Congress and the national clearinghouse for 
     information relating to child abuse.''.

     SEC. 110. REPEAL.

       Section 108 (42 U.S.C. 5106b) is repealed.

     SEC. 111. MISCELLANEOUS REQUIREMENTS.

       Section 110 (42 U.S.C. 5106d) is amended by striking 
     subsections (c) and (d).

     SEC. 112. DEFINITIONS.

       Section 113 (42 U.S.C. 5106h) is amended--
       (1) by striking paragraphs (1) and (2);
       (2) by redesignating paragraphs (3) through (10) as 
     paragraphs (1) through (8), respectively; and
       (3) in paragraph (2) (as so redesignated), to read as 
     follows:
       ``(2) the term `child abuse and neglect' means, at a 
     minimum, any recent act or failure to act on the part of a 
     parent or caretaker, which results in death or serious 
     physical, sexual, or emotional harm, or presents an imminent 
     risk of serious harm;''.

     SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

       Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as 
     follows:
       ``(a) In General.--
       ``(1) General authorization.--There are authorized to be 
     appropriated to carry out this title, $100,000,000 for fiscal 
     year 1996, and such sums as may be necessary for each of the 
     fiscal years 1997 through 2000.
       ``(2) Discretionary activities.--
       ``(A) In general.--Of the amounts appropriated for a fiscal 
     year under paragraph (1), the Secretary shall make available 
     33\1/3\ percent of such amounts to fund discretionary 
     activities under this title.
       ``(B) Demonstration projects.--Of the amounts made 
     available for a fiscal year under subparagraph (A), the 
     Secretary make available not more than 40 percent of such 
     amounts to carry out section 106.''.

     SEC. 114. RULE OF CONSTRUCTION.

       Title I (42 U.S.C. 5101 et seq.) is amended by adding at 
     the end thereof the following new section:

     ``SEC. 115. RULE OF CONSTRUCTION.

       ``(a) In General.--Nothing in this Act shall be construed--
       ``(1) as establishing a Federal requirement that a parent 
     or legal guardian provide a child any medical service or 
     treatment against the religious beliefs of the parent or 
     legal guardian; and
       ``(2) to require that a State find, or to prohibit a State 
     from finding, abuse or neglect in cases in which a parent or 
     legal guardian relies solely or partially upon spiritual 
     means rather than medical treatment, in accordance with the 
     religious beliefs of the parent or legal guardian.
       ``(b) State Requirement.--Notwithstanding subsection (a), a 
     State shall, at a minimum, have in place authority under 
     State law to permit the child protective service system of 
     the State to pursue any legal remedies, including the 
     authority to initiate legal proceedings in a court of 
     competent jurisdiction, to provide medical care or treatment 
     for a child when such care or treatment is necessary to 
     prevent or remedy serious harm to the child, or to prevent 
     the withholding of medically indicated treatment from 
     children with life threatening conditions. Case by case 
     determinations concerning the exercise of the authority of 
     this subsection shall be within the sole discretion of the 
     State.''.

     SEC. 115. TECHNICAL AMENDMENT.

       Section 1404A of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603a) is amended--
       (1) by striking ``1402(d)(2)(D) and (d)(3)'' and inserting 
     ``1402(d)(2)''; and
       (2) by striking ``section 4(d)'' and inserting ``section 
     109''.
  TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

     SEC. 201. ESTABLISHMENT OF PROGRAM.

       Title II of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116 et seq) is amended to read as follows:
     ``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

     ``SEC. 201. PURPOSE AND AUTHORITY.

       ``(a) Purpose.--It is the purpose of this Act to support 
     State efforts to develop, operate, expand and enhance a 
     network of community-based, prevention-focused, family 
     resource and support programs that are culturally competent 
     and that coordinate resources among existing education, 
     vocational rehabilitation, disability, respite, health, 
     mental health, job readiness, self-sufficiency, child and 
     family development, community action, Head Start, child care, 
     child abuse and neglect prevention, juvenile justice, 
     domestic violence prevention and intervention, housing, and 
     other human service organizations within the State.
       ``(b) Authority.--The Secretary shall make grants under 
     this title on a formula basis to the entity designated by the 
     State as the lead entity (hereafter referred to in this title 
     as the `lead entity') for the purpose of--
       ``(1) developing, operating, expanding and enhancing 
     Statewide networks of community-based, prevention-focused, 
     family resource and support programs that--
       ``(A) offer sustained assistance to families;
       ``(B) provide early, comprehensive, and holistic support 
     for all parents;

[[Page S8307]]

       ``(C) promote the development of parental competencies and 
     capacities, especially in young parents and parents with very 
     young children;
       ``(D) increase family stability;
       ``(E) improve family access to other formal and informal 
     resources and opportunities for assistance available within 
     communities;
       ``(F) support the additional needs of families with 
     children with disabilities; and
       ``(G) decrease the risk of homelessness;
       ``(2) fostering the development of a continuum of 
     preventive services for children and families through State 
     and community-based collaborations and partnerships both 
     public and private;
       ``(3) financing the start-up, maintenance, expansion, or 
     redesign of specific family resource and support program 
     services (such as respite services, child abuse and neglect 
     prevention activities, disability services, mental health 
     services, housing services, transportation, adult education, 
     home visiting and other similar services) identified by the 
     inventory and description of current services required under 
     section 205(a)(3) as an unmet need, and integrated with the 
     network of community-based family resource and support 
     program to the extent practicable given funding levels and 
     community priorities;
       ``(4) maximizing funding for the financing, planning, 
     community mobilization, collaboration, assessment, 
     information and referral, startup, training and technical 
     assistance, information management, reporting and evaluation 
     costs for establishing, operating, or expanding a Statewide 
     network of community-based, prevention-focused, family 
     resource and support program; and
       ``(5) financing public information activities that focus on 
     the healthy and positive development of parents and children 
     and the promotion of child abuse and neglect prevention 
     activities.

     ``SEC. 202. ELIGIBILITY.

       ``A State shall be eligible for a grant under this title 
     for a fiscal year if--
       ``(1)(A) the chief executive officer of the State has 
     designated an entity to administer funds under this title for 
     the purposes identified under the authority of this title, 
     including to develop, implement, operate, enhance or expand a 
     Statewide network of community-based, prevention-focused, 
     family resource and support programs, child abuse and neglect 
     prevention activities and access to respite services 
     integrated with the Statewide network;
       ``(B) in determining which entity to designate under 
     subparagraph (A), the chief executive officer should give 
     priority consideration to the trust fund advisory board of 
     the State or an existing entity that leverages Federal, 
     State, and private funds for a broad range of child abuse and 
     neglect prevention activities and family resource programs, 
     and that is directed by an interdisciplinary, public-private 
     structure, including participants from communities; and
       ``(C) such lead entity is an existing public, quasi-public, 
     or nonprofit private entity with a demonstrated ability to 
     work with other State and community-based agencies to provide 
     training and technical assistance, and that has the capacity 
     and commitment to ensure the meaningful involvement of 
     parents who are consumers and who can provide leadership in 
     the planning, implementation, and evaluation of programs and 
     policy decisions of the applicant agency in accomplishing the 
     desired outcomes for such efforts;
       ``(2) the chief executive officer of the State provides 
     assurances that the lead entity will provide or will be 
     responsible for providing--
       ``(A) a network of community-based family resource and 
     support programs composed of local, collaborative, public-
     private partnerships directed by interdisciplinary structures 
     with balanced representation from private and public sector 
     members, parents, and public and private nonprofit service 
     providers and individuals and organizations experienced in 
     working in partnership with families with children with 
     disabilities;
       ``(B) direction to the network through an 
     interdisciplinary, collaborative, public-private structure 
     with balanced representation from private and public sector 
     members, parents, and public sector and private nonprofit 
     sector service providers; and
       ``(C) direction and oversight to the network through 
     identified goals and objectives, clear lines of communication 
     and accountability, the provision of leveraged or combined 
     funding from Federal, State and private sources, centralized 
     assessment and planning activities, the provision of training 
     and technical assistance, and reporting and evaluation 
     functions; and
       ``(3) the chief executive officer of the State provides 
     assurances that the lead entity--
       ``(A) has a demonstrated commitment to parental 
     participation in the development, operation, and oversight of 
     the Statewide network of community-based, prevention-focused, 
     family resource and support programs;
       ``(B) has a demonstrated ability to work with State and 
     community-based public and private nonprofit organizations to 
     develop a continuum of preventive, family centered, holistic 
     services for children and families through the Statewide 
     network of community-based, prevention-focused, family 
     resource and support programs;
       ``(C) has the capacity to provide operational support (both 
     financial and programmatic) and training and technical 
     assistance, to the Statewide network of community-based, 
     prevention-focused, family resource and support programs, 
     through innovative, interagency funding and interdisciplinary 
     service delivery mechanisms; and
       ``(D) will integrate its efforts with individuals and 
     organizations experienced in working in partnership with 
     families with children with disabilities and with the child 
     abuse and neglect prevention activities of the State, and 
     demonstrate a financial commitment to those activities.

     ``SEC. 203. AMOUNT OF GRANT.

       ``(a) Reservation.--The Secretary shall reserve 1 percent 
     of the amount appropriated under section 210 for a fiscal 
     year to make allotments to Indian tribes and tribal 
     organizations and migrant programs.
       ``(b) In General.--Of the amounts appropriated for a fiscal 
     year under section 210 and remaining after the reservation 
     under subsection (a), The Secretary shall allot to each State 
     lead entity an amount so that--
       ``(1) 50 percent of the total amount allotted to the State 
     under this section is based on the number of children under 
     18 residing in the State as compared to the number of such 
     children residing in all States, except that no State shall 
     receive less than $250,000; and
       ``(2) each State receives, from the amounts remaining from 
     the total amount appropriated, an amount equal to 50 percent 
     of the amount that each such State has directed through the 
     lead agency to the purposes identified under the authority of 
     this title, including foundation, corporate, and other 
     private funding, State revenues, and Federal funds.
       ``(c) Allocation.--Funds allotted to a State under this 
     section shall be awarded on a formula basis for a 3-year 
     period. Payment under such allotments shall be made by the 
     Secretary annually on the basis described in subsection (a).

     ``SEC. 204. EXISTING AND CONTINUATION GRANTS.

       ``(a) Existing Grants.--Notwithstanding the enactment of 
     this title, a State or entity that has a grant, contract, or 
     cooperative agreement in effect, on the date of enactment of 
     this title, under the Family Resource and Support Program, 
     the Community-Based Family Resource Program, the Family 
     Support Center Program, the Emergency Child Abuse Prevention 
     Grant Program, or the Temporary Child Care for Children with 
     Disabilities and Crisis Nurseries Programs shall continue to 
     receive funds under such programs, subject to the original 
     terms under which such funds were granted, through the end of 
     the applicable grant cycle.
       ``(b) Continuation Grants.--The Secretary may continue 
     grants for Family Resource and Support Program grantees, and 
     those programs otherwise funded under this Act, on a 
     noncompetitive basis, subject to the availability of 
     appropriations, satisfactory performance by the grantee, and 
     receipt of reports required under this Act, until such time 
     as the grantee no longer meets the original purposes of this 
     Act.

     ``SEC. 205. APPLICATION.

       ``(a) In General.--A grant may not be made to a State under 
     this title unless an application therefore is submitted by 
     the State to the Secretary and such application contains the 
     types of information specified by the Secretary as essential 
     to carrying out the provisions of section 202, including--
       ``(1) a description of the lead entity that will be 
     responsible for the administration of funds provided under 
     this title and the oversight of programs funded through the 
     Statewide network of community-based, prevention-focused, 
     family resource and support programs which meets the 
     requirements of section 202;
       ``(2) a description of how the network of community-based, 
     prevention-focused, family resource and support programs will 
     operate and how family resource and support services provided 
     by public and private, nonprofit organizations, including 
     those funded by programs consolidated under this Act, will be 
     integrated into a developing continuum of family centered, 
     holistic, preventive services for children and families;
       ``(3) an assurance that an inventory of current family 
     resource programs, respite, child abuse and neglect 
     prevention activities, and other family resource services 
     operating in the State, and a description of current unmet 
     needs, will be provided;
       ``(4) a budget for the development, operation and expansion 
     of the State's network of community-based, prevention-
     focused, family resource and support programs that verifies 
     that the State will expend an amount equal to not less than 
     20 percent of the amount received under this title (in cash, 
     not in-kind) for activities under this title;
       ``(5) an assurance that funds received under this title 
     will supplement, not supplant, other State and local public 
     funds designated for the Statewide network of community-
     based, prevention-focused, family resource and support 
     programs;
       ``(6) an assurance that the State network of community-
     based, prevention-focused, family resource and support 
     programs will maintain cultural diversity, and be culturally 
     competent and socially sensitive and responsive to the needs 
     of families with children with disabilities;
       ``(7) an assurance that the State has the capacity to 
     ensure the meaningful involvement of parents who are 
     consumers and who can provide leadership in the planning, 
     implementation, and evaluation of the programs and policy 
     decisions of the applicant agency in accomplishing the 
     desired outcomes for such efforts;
       ``(8) a description of the criteria that the entity will 
     use to develop, or select and fund, individual community-
     based, prevention-focused, family resource and support 
     programs as part of network development, expansion or 
     enhancement;
       ``(9) a description of outreach activities that the entity 
     and the community-based, prevention-focused, family resource 
     and support programs will undertake to maximize the 
     participation of racial and ethnic minorities, new immigrant 
     populations, children and adults with disabilities, homeless 
     families and those at risk of homelessness, and members of 
     other underserved or underrepresented groups;
       ``(10) a plan for providing operational support, training 
     and technical assistance to community-based, prevention-
     focused, family resource and support programs for 
     development,

[[Page S8308]]

     operation, expansion and enhancement activities;
       ``(11) a description of how the applicant entity's 
     activities and those of the network and its members will be 
     evaluated;
       ``(12) a description of that actions that the applicant 
     entity will take to advocate changes in State policies, 
     practices, procedures and regulations to improve the delivery 
     of prevention-focused, family resource and support program 
     services to all children and families; and
       ``(13) an assurance that the applicant entity will provide 
     the Secretary with reports at such time and containing such 
     information as the Secretary may require.

     ``SEC. 206. LOCAL PROGRAM REQUIREMENTS.

       ``(a) In General.--Grants made under this title shall be 
     used to develop, implement, operate, expand and 
     enhance community-based, prevention-focused, family 
     resource and support programs that--
       ``(1) assess community assets and needs through a planning 
     process that involves parents and local public agencies, 
     local nonprofit organizations, and private sector 
     representatives;
       ``(2) develop a strategy to provide, over time, a continuum 
     of preventive, holistic, family centered services to children 
     and families, especially to young parents and parents with 
     young children, through public-private partnerships;
       ``(3) provide--
       ``(A) core family resource and support services such as--
       ``(i) parent education, mutual support and self help, and 
     leadership services;
       ``(ii) early developmental screening of children;
       ``(iii) outreach services;
       ``(iv) community and social service referrals; and
       ``(v) follow-up services;
       ``(B) other core services, which must be provided or 
     arranged for through contracts or agreements with other local 
     agencies, including all forms of respite services to the 
     extent practicable; and
       ``(C) access to optional services, including--
       ``(i) child care, early childhood development and 
     intervention services;
       ``(ii) services and supports to meet the additional needs 
     of families with children with disabilities;
       ``(iii) job readiness services;
       ``(iv) educational services, such as scholastic tutoring, 
     literacy training, and General Educational Degree services;
       ``(v) self-sufficiency and life management skills training;
       ``(vi) community referral services; and
       ``(vii) peer counseling;
       ``(4) develop leadership roles for the meaningful 
     involvement of parents in the development, operation, 
     evaluation, and oversight of the programs and services;
       ``(5) provide leadership in mobilizing local public and 
     private resources to support the provision of needed family 
     resource and support program services; and
       ``(6) participate with other community-based, prevention-
     focused, family resource and support program grantees in the 
     development, operation and expansion of the Statewide 
     network.
       ``(b) Priority.--In awarding local grants under this title, 
     a lead entity shall give priority to community-based programs 
     serving low income communities and those serving young 
     parents or parents with young children, and to community-
     based family resource and support programs previously funded 
     under the programs consolidated under the Child Abuse 
     Prevention and Treatment Act Amendments of 1995, so long as 
     such programs meet local program requirements.

     ``SEC. 207. PERFORMANCE MEASURES.

       ``A State receiving a grant under this title, through 
     reports provided to the Secretary, shall--
       ``(1) demonstrate the effective development, operation and 
     expansion of a Statewide network of community-based, 
     prevention-focused, family resource and support programs that 
     meets the requirements of this title;
       ``(2) supply an inventory and description of the services 
     provided to families by local programs that meet identified 
     community needs, including core and optional services as 
     described in section 202;
       ``(3) demonstrate the establishment of new respite and 
     other specific new family resources services, and the 
     expansion of existing services, to address unmet needs 
     identified by the inventory and description of current 
     services required under section 205(a)(3);
       ``(4) describe the number of families served, including 
     families with children with disabilities, and the involvement 
     of a diverse representation of families in the design, 
     operation, and evaluation of the Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs, and in the design, operation and evaluation 
     of the individual community-based family resource and support 
     programs that are part of the Statewide network funded under 
     this title;
       ``(5) demonstrate a high level of satisfaction among 
     families who have used the services of the community-based, 
     prevention-focused, family resource and support programs;
       ``(6) demonstrate the establishment or maintenance of 
     innovative funding mechanisms, at the State or community 
     level, that blend Federal, State, local and private funds, 
     and innovative, interdisciplinary service delivery 
     mechanisms, for the development, operation, expansion and 
     enhancement of the Statewide network of community-based, 
     prevention-focused, family resource and support programs;
       ``(7) describe the results of a peer review process 
     conducted under the State program; and
       ``(8) demonstrate an implementation plan to ensure the 
     continued leadership of parents in the on-going planning, 
     implementation, and evaluation of such community based, 
     prevention-focused, family resource and support programs.

     ``SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY 
                   RESOURCE PROGRAMS.

       ``The Secretary may allocate such sums as may be necessary 
     from the amount provided under the State allotment to support 
     the activities of the lead entity in the State--
       ``(1) to create, operate and maintain a peer review 
     process;
       ``(2) to create, operate and maintain an information 
     clearinghouse;
       ``(3) to fund a yearly symposium on State system change 
     efforts that result from the operation of the Statewide 
     networks of community-based, prevention-focused, family 
     resource and support programs;
       ``(4) to create, operate and maintain a computerized 
     communication system between lead entities; and
       ``(5) to fund State-to-State technical assistance through 
     bi-annual conferences.

     ``SEC. 209. DEFINITIONS.

         ``For purposes of this title:
       ``(1) Children with disabilities.--The term `children with 
     disabilities' has the same meaning given such term in section 
     602(a)(2) of the Individuals with Disabilities Education Act.
       ``(2) Community referral services.--The term `community 
     referral services' means services provided under contract or 
     through interagency agreements to assist families in 
     obtaining needed information, mutual support and community 
     resources, including respite services, health and mental 
     health services, employability development and job training, 
     and other social services through help lines or other 
     methods.
       ``(3) Culturally competent.--The term `culturally 
     competent' means services, support, or other assistance that 
     is conducted or provided in a manner that--
       ``(A) is responsive to the beliefs, interpersonal styles, 
     attitudes, languages, and behaviors of those individuals and 
     families receiving services; and
       ``(B) has the greatest likelihood of ensuring maximum 
     participation of such individuals and families.
       ``(4) Family resource and support program.--The term 
     `family resource and support program' means a community-
     based, prevention-focused entity that--
       ``(A) provides, through direct service, the core services 
     required under this title, including--
       ``(i) parent education, support and leadership services, 
     together with services characterized by relationships between 
     parents and professionals that are based on equality and 
     respect, and designed to assist parents in acquiring 
     parenting skills, learning about child development, and 
     responding appropriately to the behavior of their children;
       ``(ii) services to facilitate the ability of parents to 
     serve as resources to one another other (such as through 
     mutual support and parent self-help groups);
       ``(iii) early developmental screening of children to assess 
     any needs of children, and to identify types of support that 
     may be provided;
       ``(iv) outreach services provided through voluntary home 
     visits and other methods to assist parents in becoming aware 
     of and able to participate in family resources and support 
     program activities;
       ``(v) community and social services to assist families in 
     obtaining community resources; and
       ``(vi) follow-up services;
       ``(B) provides, or arranges for the provision of, other 
     core services through contracts or agreements with other 
     local agencies, including all forms of respite services; and
       ``(C) provides access to optional services, directly or by 
     contract, purchase of service, or interagency agreement, 
     including--
       ``(i) child care, early childhood development and early 
     intervention services;
       ``(ii) self-sufficiency and life management skills 
     training;
       ``(iii) education services, such as scholastic tutoring, 
     literacy training, and General Educational Degree services;
       ``(iv) job readiness skills;
       ``(v) child abuse and neglect prevention activities;
       ``(vi) services that families with children with 
     disabilities or special needs may require;
       ``(vii) community and social service referral;
       ``(viii) peer counseling;
       ``(ix) referral for substance abuse counseling and 
     treatment; and
       ``(x) help line services.
       ``(5) National network for Community-Based Family Resource 
     Programs.--The term `network for community-based family 
     resource program' means the organization of State designated 
     entities who receive grants under this title, and includes 
     the entire membership of the Children's Trust Fund Alliance 
     and the National Respite Network.
       ``(6) Outreach services.--The term `outreach services' 
     means services provided to assist consumers, through 
     voluntary home visits or other methods, in accessing and 
     participating in family resource and support program 
     activities.
       ``(7) Respite services.--The term `respite services' means 
     short term care services provided in the temporary absence of 
     the regular caregiver (parent, other relative, foster parent, 
     adoptive parent, or guardian) to children who--
       ``(A) are in danger of abuse or neglect;
       ``(B) have experienced abuse or neglect; or
       ``(C) have disabilities, chronic, or terminal illnesses.

     Such services shall be provided within or outside the home of 
     the child, be short-term care (ranging from a few hours to a 
     few weeks of time, per year), and be intended to enable the 
     family to stay together and to keep the child living in the 
     home and community of the child.

[[Page S8309]]

     ``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title, $108,000,000 for each of the fiscal years 1996 through 
     2000.''.

     SEC. 202. REPEALS.

       (a) Temporary Child Care for Children with Disabilities and 
     Crisis Nurseries Act.--The Temporary Child Care for Children 
     with Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 
     5117 et seq.) is repealed.
       (b) Family Support Centers.--Subtitle F of title VII of the 
     Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481 
     et seq.) is repealed.
           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

     SEC. 301. REFERENCE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10401 et seq.).

     SEC. 302. STATE DEMONSTRATION GRANTS.

       Section 303(e) (42 U.S.C. 10420(e)) is amended--
       (1) by striking ``following local share'' and inserting 
     ``following non-Federal matching local share''; and
       (2) by striking ``20 percent'' and all that follows through 
     ``private sources.'' and inserting ``with respect to an 
     entity operating an existing program under this title, not 
     less than 20 percent, and with respect to an entity intending 
     to operate a new program under this title, not less than 35 
     percent.''.

     SEC. 303. ALLOTMENTS.

       Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by 
     striking ``$200,000'' and inserting ``$400,000''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       Section 310 (42 U.S.C. 10409) is amended--
       (1) in subsection (b), by striking ``80'' and inserting 
     ``70''; and
       (2) by adding at the end thereof the following new 
     subsections:
       ``(d) Grants for State Coalitions.--Of the amounts 
     appropriated under subsection (a) for each fiscal year, not 
     less than 10 percent of such amounts shall be used by the 
     Secretary for making grants under section 311.
       ``(e) Non-Supplanting Requirement.--Federal funds made 
     available to a State under this title shall be used to 
     supplement and not supplant other Federal, State, and local 
     public funds expended to provide services and activities that 
     promote the purposes of this title.''.
                    TITLE IV--ADOPTION OPPORTUNITIES

     SEC. 401. REFERENCE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Child Abuse Prevention and Treatment 
     and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.).

     SEC. 402. FINDINGS AND PURPOSE.

       Section 201 (42 U.S.C. 5111) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``50 percent between 1985 and 1990'' and 
     inserting ``61 percent between 1986 and 1994''; and
       (ii) by striking ``400,000 children at the end of June, 
     1990'' and inserting ``452,000 as of June, 1994''; and
       (B) in paragraph (5), by striking ``local'' and inserting 
     ``legal''; and
       (C) in paragraph (7), to read as follows:
       ``(7)(A) currently, 40,000 children are free for adoption 
     and awaiting placement;
       ``(B) such children are typically school aged, in sibling 
     groups, have experienced neglect or abuse, or have a 
     physical, mental, or emotional disability; and
       ``(C) while the children are of all races, children of 
     color and older children (over the age of 10) are over 
     represented in such group;''; and
       (2) in subsection (b)--
       (A) by striking ``conditions, by--'' and all that follows 
     through ``providing a mechanism'' and inserting ``conditions, 
     by providing a mechanism''; and
       (B) by redesignating subparagraphs (A) through (C), as 
     paragraphs (1) through (3), respectively and by realigning 
     the margins of such paragraphs accordingly.

     SEC. 403. INFORMATION AND SERVICES.

       Section 203 (42 U.S.C. 5113) is amended--
       (1) in subsection (a), by striking the last sentence;
       (2) in subsection (b)--
       (A) in paragraph (6), to read as follows:
       ``(6) study the nature, scope, and effects of the placement 
     of children in kinship care arrangements, pre-adoptive, or 
     adoptive homes;'';
       (B) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively; and
       (C) by inserting after paragraph (6), the following new 
     paragraph:
       ``(7) study the efficacy of States contracting with public 
     or private nonprofit agencies (including community-based and 
     other organizations), or sectarian institutions for the 
     recruitment of potential adoptive and foster families and to 
     provide assistance in the placement of children for 
     adoption;''; and
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``Each'' and inserting ``(A) Each'';
       (ii) by striking ``for each fiscal year'' and inserting 
     ``that describes the manner in which the State will use funds 
     during the 3-fiscal years subsequent to the date of the 
     application to accomplish the purposes of this section. Such 
     application shall be''; and
       (iii) by adding at the end thereof the following new 
     subparagraph:
       ``(B) The Secretary shall provide, directly or by grant to 
     or contract with public or private nonprofit agencies or 
     organizations--
       ``(i) technical assistance and resource and referral 
     information to assist State or local governments with 
     termination of parental rights issues, in recruiting and 
     retaining adoptive families, in the successful placement of 
     children with special needs, and in the provision of pre- and 
     post-placement services, including post-legal adoption 
     services; and
       ``(ii) other assistance to help State and local governments 
     replicate successful adoption-related projects from other 
     areas in the United States.''.

     SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

       Section 205 (42 U.S.C. 5115) is amended--
       (1) in subsection (a), by striking ``$10,000,000,'' and all 
     that follows through ``203(c)(1)'' and inserting 
     ``$20,000,000 for fiscal year 1996, and such sums as may be 
     necessary for each of the fiscal years 1997 through 2000 to 
     carry out programs and activities authorized'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).
           TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

     SEC. 501. REAUTHORIZATION.

       Section 104(a)(1) of the Abandoned Infants Assistance Act 
     of 1988 (42 U.S.C. 670 note) is amended by striking 
     ``$20,000,000'' and all that follows through the end thereof 
     and inserting ``$35,000,000 for each of the fiscal years 1995 
     and 1996, and such sums as may be necessary for each of the 
     fiscal years 1997 through 2000''.
             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

     SEC. 601. MISSING CHILDREN'S ASSISTANCE ACT.

       Section 408 of the Missing Children's Assistance Act (42 
     U.S.C. 5777) is amended--
       (1) by striking ``To'' and inserting ``(a) In General.--''
       (2) by striking ``and 1996'' and inserting ``1996, and 
     1997''; and
       (3) by adding at the end thereof the following new 
     subsection:
       ``(b) Evaluation.--The Administrator shall use not more 
     than 5 percent of the amount appropriated for a fiscal year 
     under subsection (a) to conduct an evaluation of the 
     effectiveness of the programs and activities established and 
     operated under this title.''.

     SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.

       Section 214B of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13004) is amended--
       (1) in subsection (a)(2), by striking ``and 1996'' and 
     inserting ``1996, and 1997''; and
       (2) in subsection (b)(2), by striking ``and 1996'' and 
     inserting ``1996, through 2000''.


                           Amendment No. 4926

  Mr. ROTH. Mr. President, I understand there is an amendment at the 
desk offered by Senator Coats.
  I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Delaware [Mr. Roth], for Mr. Coats, 
     proposes an amendment numbered 4926.
       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

[[Page S8310]]

     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''.

  Mr. COATS. Mr. President, child abuse is a critical issue facing our 
Nation. Each year, close to 1 million children are abused or neglected 
and as a result, in need of assistance and out of home care. CAPTA is a 
small but vital link in the provision of these services.
  S. 919, which was unanimously reported by the Senate Labor Committee 
nearly 1-year ago, streamlines State plan and reporting requirements; 
eliminates unnecessary research and technical assistance activities; 
and encourages local innovation through a restructured demonstration 
program.
  Additionally, we have consolidated the Child Abuse Community Based 
Prevention Grants, Family Resource Centers, Family Support Centers into 
the Community and Family Resource and Support Grants.
  Finally, S. 919 repeals the Temporary Child Care for Children with 
Disabilities and Crisis Nurseries Act, Title VII (F) of the McKinney 
Homeless Assistance Act, and the Emergency Child Abuse Prevention 
Grants.
  Mr. President, each day, hundreds of children and families come into 
contact with, and are affected by, our nation's child protective 
system. For many, it is a frightening experience. For others--for those 
on the front lines, it is sometimes an opportunity to rescue children 
from horrific circumstances.
  Unfortunately, the issues facing this overburdened system are seldom 
easily resolved. Too often--overworked, under paid, untrained, and 
sometimes over-zealous caseworkers have a tremendous and devastating 
impact on families.
  Decisions are routinely made to remove children and place them in 
foster care--into situations that are sometimes more dangerous than the 
one they were removed from. Other times, because of mounting paperwork 
and case files, a serious case goes uninvestigated--or a decision to 
return a child to an unsafe home is made because there are no more out 
of home placements available. These are all difficult circumstances 
that require balance, training, and resources.
  Since 1974, CAPTA, through a relatively small program, has assisted 
states in meeting child protection needs. It is a small, but important 
program, because it mandates have radically changed how we view child 
protection.
  Unfortunately, not all of these changes have been helpful. CAPTA has, 
until now, been viewed as a very prescriptive program, with States 
judged, not on how well they protect children, but on how close they 
come to mirroring Federal requirements.
  The 1995 CAPTA Amendments are an important first step toward 
addressing some of the problems in CAPTA while at the same time, 
building upon its strengths. Most experts agree that what CAPTA can do, 
and do best, is provide guidance to states; assist States with training 
and technical assistance; and promote better research and dissemination 
of information while allowing for maximum flexibility in approach and 
response. With that in mind, S. 919:
  Eliminates unnecessary bureaucracy by repealing mandates for a 
National Center on Child Abuse and Neglect, the U.S. Advisory Board, 
and the Interagency Task force on Child Abuse. Instead, the Secretary 
may use discretion in deciding whether or not they are an essential 
function.
  Restructures and consolidates various research functions into one 
coordinated effort.
  Places a significant emphasis on local experimentation by expanding 
Demonstration Grants to encourage local innovation and experimentation. 
One of these areas involves a triage system approach which we heard 
very exciting reports about during a Subcommittee on Children and 
Families hearing. Others include training for mandatory reporters, 
families, service providers, and communities and a demonstration 
program for kinship care as an alternative to foster care placements.
  Reforms the Basic State Grant by allowing greater flexibility to the 
States in determining the circumstances and intensity of intervention 
that is required, while encouraging them to look to other preventative 
services that can be provided to families, where intensive intervention 
is not called for.
  Determining the appropriate level of intervention is a very important 
consideration. We have studied closely the numbers of abuse and neglect 
reports that have been filed. Of the close to 3 million reports that 
have been filed, only one-third are eventually substantiated. This 
means that over 2 million are either unsubstantiated or false. And 
while I know that these numbers and their interpretation are the source 
of some disagreement, the fact remains that for whatever reason, over 2 
million investigations at some level, are occurring, and possibly 
resulting in inappropriate interventions--including removal of the 
child from the home.
  Members of the Labor Committee may recall the testimony of Jim Wade 
who spoke of his three year ordeal, in which his daughter was 
wrongfully removed from his home. I have received many such reports and 
complaints, and while we should be mindful not to legislate by 
anecdote, these stories involve real people and are chilling.
  With the State grant, we have worked to find ways to improve 
reporting so that caseworkers are able to assess and effectively 
respond to cases of abuse and neglect with an appropriate response. S. 
919 stresses the importance of case workers using risk assessment 
procedures to ensure that priority attention is given to those children 
who

[[Page S8311]]

are at great risk of harm. I think particularly of the tragic case of 
Elisa Izquierdo of Brooklyn, the 6 year-old girl brutally murdered by 
her mother on the day before Thanksgiving this past year. Elisa was 
well known to the overburdened case workers who were assigned to 
monitor her, however it appears that they simply didn't have enough 
time to keep a close watch on Elisa, nor maybe enough training to 
realize the tremendous seriousness of her situation. S. 919's focus on 
better training and the use of risk assessment procedures should help 
to improve the safety of children.
  We have also ensured that persons who maliciously file reports of 
abuse or neglect will not longer be protected by CAPTA's immunity for 
reporting. Only good faith reports will be protected.
  Finally, we have clarified the definition of child abuse or neglect 
to provide additional guidance and clarification to states as they 
endeavor to protect children from abuse and neglect.
  Let me briefly mention the other programs authorized in the 1995 
CAPTA Amendments: the Community and Family Resource Grants is the 
result of nearly a full year's effort to consolidate the Community 
Based Prevention Grant, Respite Care Program, and Family Resource 
Programs; the Family Violence Prevention and Services Act which 
provides assistance to States primarily for shelters; the Adoption 
Opportunities Act which supports aggressive efforts to strengthen the 
capacity of States to find permanent homes for children with special 
needs; the Abandoned Infants Assistance Act which provides for the 
needs of children who are abandoned, especially those with AIDS; the 
Children's Justice Act; and the Missing Children's Assistance Act and 
Section 214 of the Victims of Child Abuse Act.
  Mr. President, I would like to thank the Members for their attention. 
These are important programs and they will affect many children and 
families. I urge the adoption of the 1995 CAPTA Amendments.
  Mr. ROTH. Mr. President, I ask unanimous consent that the amendment 
be considered as read, and agreed to, the committee amendment be agreed 
to, the bill be deemed read a third time, passed, as amended, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4926) was agreed to.
  The bill (S. 919), as amended, was deemed read a third time, and 
passed.
  (The text of the bill will be printed in a future Edition of the 
Record.)

                          ____________________