[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.)
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