[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[House]
[Pages H11140-H11153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1996

  Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 919) to modify and reauthorize the Child Abuse 
Prevention and Treatment Act, and for other purposes, as amended.
  The Clerk read as follows:

                                 S. 919

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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 1996''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

  TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 100. Findings.

                      Subtitle A--General Program

Sec. 101. Office on Child Abuse and Neglect.
Sec. 102. Advisory Board on Child Abuse and Neglect.
Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.
Sec. 104. National clearinghouse for information relating to child 
              abuse.
Sec. 105. Research, evaluation and assistance activities.
Sec. 106. Grants for demonstration programs.
Sec. 107. State grants for prevention and treatment programs.
Sec. 108. Repeal.
Sec. 109. Miscellaneous requirements.
Sec. 110. Definitions.
Sec. 111. Authorization of appropriations.
Sec. 112. Rule of construction.
Sec. 113. Technical and conforming amendments.

     Subtitle B--Community-Based Family Resource and Support Grants

Sec. 121. Establishment of program.

Subtitle C--Certain Preventive Services Regarding Children of Homeless 
              Families or Families At Risk of Homelessness

Sec. 131. Repeal of title III.

                  Subtitle D--Miscellaneous Provisions

Sec. 141. Table of contents.
Sec. 142. Repeals of other laws.

                   TITLE II--AMENDMENTS TO OTHER ACTS

        Subtitle A--Family Violence Prevention and Services Act

Sec. 201. State demonstration grants.
Sec. 202. Allotments.
Sec. 203. Authorization of appropriations.

 Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform 
              Act of 1978 (``Adoption Opportunities Act'')

Sec. 211. Findings and purpose.
Sec. 212. Information and services.
Sec. 213. Authorization of appropriations.

          Subtitle C--Abandoned Infants Assistance Act of 1988

Sec. 221. Priority requirement.
Sec. 222. Reauthorization.

            Subtitle D--Reauthorization of Various Programs

Sec. 231. Missing Children's Assistance Act.
Sec. 232. Victims of Child Abuse Act of 1990.
  TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

     SEC. 100. FINDINGS.

       Section 2 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (1), to 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 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) after ``child'' insert ``and family''; and
       (7) in paragraph (11)--
       (A) by striking ``child protection'' each place that such 
     term appears and inserting ``child and family protection''; 
     and
       (B) in subparagraph (D), by striking ``sufficient''.
                      Subtitle A--General Program

     SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

       Section 101 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101) is amended to read as follows:

     ``SEC. 101. OFFICE ON 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. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

       Section 102 of the Child Abuse Prevention and Treatment Act 
     (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. 103. REPEAL OF INTER-AGENCY TASK FORCE ON CHILD ABUSE 
                   AND NEGLECT.

       Section 103 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5103) is repealed.

[[Page H11141]]

     SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 104 of the Child Abuse Prevention and Treatment Act 
     (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 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;
       (iii) in subparagraph (C), by striking ``; and'' at the end 
     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)--
       (i) by striking ``In establishing'' and inserting the 
     following:
       ``(1) In general.--In establishing''; and
       (ii) by striking ``Director'' and inserting ``Secretary'';
       (B) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and by moving 
     the text of subparagraphs (A) through (D) (as redesignated) 2 
     ems to the right;
       (C) in subparagraph (B) (as redesignated), 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'';
       (D) in subparagraph (C) (as redesignated), by striking 
     ``State, regional'' and all that follows and inserting the 
     following: ``Federal, State, regional, and local child 
     welfare data systems which shall include--
       ``(i) standardized data on false, unfounded, 
     unsubstantiated, and substantiated reports; and
       ``(ii) information on the number of deaths due to child 
     abuse and neglect;'';
       (E) by redesignating subparagraph (D) (as redesignated) as 
     subparagraph (F);
       (F) by inserting after subparagraph (C) (as redesignated), 
     the following new subparagraphs:
       ``(D) 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;
       ``(E) compile, analyze, and publish a summary of the 
     research conducted under section 105(a); and''; and
       (G) by adding at the end the following:
       ``(2) Confidentiality requirement.--In carrying out 
     paragraph (1)(D), the Secretary shall ensure that methods are 
     established and implemented to preserve the confidentiality 
     of records relating to case specific data.''.

     SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

       (a) Research.--Section 105(a) of the Child Abuse Prevention 
     and Treatment Act (42 (42 U.S.C. 5105(a)) is amended--
       (1) 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;''; and
       (E) in subparagraph (D) (as so redesignated)--
       (i) by striking clause (ii);
       (ii) in clause (iii), to read as follows:
       ``(ii) the incidence of substantiated and unsubstantiated 
     reported child abuse cases;''; and
       (iii) by adding at the end the following:
       ``(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 individuals required by 
     law to report suspected cases of child abuse 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
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking ``and demonstration''; 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 of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is 
     repealed.
       (c) Technical Assistance.--Section 105(c) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5105(c)) is 
     amended--
       (1) by striking ``(c)'' and inserting ``(b)'';
       (2) by striking ``The Secretary'' and inserting:
       ``(1) In general.--The Secretary'';
       (3) by striking ``, through the Center,'';
       (4) by inserting ``State and local'' before ``public and 
     nonprofit'';
       (5) by inserting ``assessment,'' before ``identification''; 
     and
       (6) 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;
       ``(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) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5105(d)) is 
     amended--
       (1) by striking ``(d)'' and inserting ``(c)''; and
       (2) in paragraph (2), by striking the second sentence.
       (e) Peer Review.--Section 105(e) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5105(e)) is amended--
       (1) in the heading preceding paragraph (1), by striking 
     ``(e)'' and inserting ``(d)'';
       (2) 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.'';
       (3) 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.''; and
       (4) in paragraph (3)(B), by striking ``subsection 
     (e)(2)(B)'' each place it appears and inserting ``paragraph 
     (2)(B)''.
       (f) Technical Amendment.--Section 105 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5105) is amended in 
     the section

[[Page H11142]]

     heading by striking ``OF THE NATIONAL CENTER ON CHILD ABUSE 
     AND NEGLECT''.

     SEC. 106. GRANTS FOR DEMONSTRATION PROGRAMS.

       Section 106 of the Child Abuse Prevention and Treatment Act 
     (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 private nonprofit 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 nonprofit 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 improve the recruitment, selection, and training 
     of volunteers serving in public and private 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
       ``(C) 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 nonprofit 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 
     and private nonprofit agencies that demonstrate innovation in 
     responding to reports of child abuse and neglect including 
     programs of collaborative partnerships between the State 
     child protective services 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 and private nonprofit entities in not more than 10 
     States 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 and where such relatives comply 
     with the State child protection standards.
       ``(C) Promotion of safe, family-friendly physical 
     environments for visitation and exchange.--The Secretary may 
     award grants to entities to assist such entities in 
     establishing and operating safe, family-friendly physical 
     environments--
       ``(i) for court-ordered supervised visitation between 
     children and abusing parents; and
       ``(ii) to safely facilitate the exchange of children for 
     visits with noncustodian parents in cases of domestic 
     violence.'';
       (3) by striking subsection (b);
       (4) by redesignating subsection (c) as subsection (b)
       (5) in subsection (b) (as redesignated)--
       (A) by striking paragraphs (1) and (2); and
       (B) by redesignating paragraphs (3) through (7) as 
     paragraphs (1) through (5), respectively; and
       (6) by adding at the end the following new subsection:
       ``(c) 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. 107. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

       Section 107 of the Child Abuse Prevention and Treatment Act 
     (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 services 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 an individual 
     appointed to represent a child in judicial proceedings;
       ``(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.--
       ``(1) State plan.--
       ``(A) In general.--To be eligible to receive a grant under 
     this section, a State shall, at the time of the initial grant 
     application and every 5 years thereafter, prepare and submit 
     to the Secretary a State plan that specifies the areas of the 
     child protective services system described in subsection (a) 
     that the State intends to address with amounts received under 
     the grant.
       ``(B) Additional requirement.--After the submission of the 
     initial grant application under subparagraph (A), the State 
     shall provide notice to the Secretary of any substantive 
     changes to any State law relating to the prevention of child 
     abuse and neglect that may affect the eligibility of the 
     State under this section.
       ``(2) Coordination.--A State plan submitted under paragraph 
     (1) shall, to the maximum extent practicable, be coordinated 
     with the State plan under part B of title IV of the Social 
     Security Act relating to child welfare services and family 
     preservation and family support services, and shall contain 
     an outline of the activities that the State intends to carry 
     out using amounts received under the grant to achieve the 
     purposes of this title, including--
       ``(A) an assurance in the form of a certification by the 
     chief executive officer of the State that the State has in 
     effect and is enforcing a State law, or has in effect and is 
     operating a Statewide program, relating to child abuse and 
     neglect that includes--
       ``(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 and ensuring their placement 
     in a safe environment;
       ``(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;

[[Page H11143]]

       ``(V) a grand jury or court, upon a finding that 
     information in the record is necessary for the determination 
     of an issue before the court or grand jury; and
       ``(VI) other entities or classes of individuals statutorily 
     authorized by the State to receive such information pursuant 
     to a legitimate State purpose;

       ``(vi) provisions which allow for public disclosure of the 
     findings or information about the case of child abuse or 
     neglect which has resulted in a child fatality or near 
     fatality;
       ``(vii) the cooperation of State law enforcement officials, 
     court of competent jurisdiction, and appropriate State 
     agencies providing human services in the investigation, 
     assessment, prosecution, and treatment of child abuse or 
     neglect;
       ``(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 services 
     agencies from keeping information on unsubstantiated reports 
     in their casework files to assist in future risk and safety 
     assessment;
       ``(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, who may be an 
     attorney or a court appointed special advocate (or both), 
     shall be appointed to represent the child in such 
     proceedings--

       ``(I) to obtain first-hand, a clear understanding of the 
     situation and needs of the child; and
       ``(II) to make recommendations to the court concerning the 
     best interests of the child;

       ``(x) the establishment of citizen review panels in 
     accordance with subsection (c);
       ``(xi) provisions, procedures, and mechanisms to be 
     effective not later than 2 years after the date of the 
     enactment of this section--

       ``(I) for the expedited termination of parental rights in 
     the case of any infant determined to be abandoned under State 
     law; and
       ``(II) by which individuals who disagree with an official 
     finding of abuse or neglect can appeal such finding;

       ``(xii) provisions, procedures, and mechanisms to be 
     effective not later than 2 years after the date of the 
     enactment of this section that assure that the State does not 
     require reunification of a surviving child with a parent who 
     has been found by a court of competent jurisdiction--

       ``(I) to have committed murder (which would have been an 
     offense under section 1111(a) of title 18, United States 
     Code, if the offense had occurred in the special maritime or 
     territorial jurisdiction of the United States) of another 
     child of such parent;
       ``(II) to have committed voluntary manslaughter (which 
     would have been an offense under section 1112(a) of title 18, 
     United States Code, if the offense had occurred in the 
     special maritime or territorial jurisdiction of the United 
     States) of another child of such parent;
       ``(III) to have aided or abetted, attempted, conspired, or 
     solicited to commit such murder or voluntary manslaughter; or
       ``(IV) to have committed a felony assault that results in 
     the serious bodily injury to the surviving child or another 
     child of such parent; and

       ``(xiii) an assurance that, upon the implementation by the 
     State of the provisions, procedures, and mechanisms under 
     clause (xii), conviction of any one of the felonies listed in 
     clause (xii) constitute grounds under State law for the 
     termination of parental rights of the convicted parent as to 
     the surviving children (although case by case determinations 
     of whether or not to seek termination of parental rights 
     shall be within the sole discretion of the State);
       ``(B) an assurance that the State 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 services 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) a description of--
       ``(i) the services to be provided under the grant to 
     individuals, families, or communities, either directly or 
     through referrals aimed at preventing the occurrence of child 
     abuse and neglect;
       ``(ii) the training to be provided under the grant to 
     support direct line and supervisory personnel in report 
     taking, screening, assessment, decision making, and referral 
     for investigating suspected instances of child abuse and 
     neglect; and
       ``(iii) the training to be provided under the grant for 
     individuals who are required to report suspected cases of 
     child abuse and neglect; and
       ``(D) an assurance or certification that the programs or 
     projects relating to child abuse and neglect carried out 
     under part B of title IV of the Social Security Act comply 
     with the requirements set forth in paragraph (1) and this 
     paragraph.
       ``(3) Limitation.--With regard to clauses (v) and (vi) of 
     paragraph (2)(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.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) the term `near fatality' means an act that, as 
     certified by a physician, places the child in serious or 
     critical condition; and
       ``(B) the term `serious bodily injury' means bodily injury 
     which involves substantial risk of death, extreme physical 
     pain, protracted and obvious disfigurement, or protracted 
     loss or impairment of the function of a bodily member, organ, 
     or mental faculty.
       ``(c) Citizen Review Panels.--
       ``(1) Establishment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each State to which a grant is made under this section shall 
     establish not less than 3 citizen review panels.
       ``(B) Exceptions.--
       ``(i) Establishment of panels by states receiving minimum 
     allotment.--A State that receives the minimum allotment of 
     $175,000 under section 203(b)(1)(A) for a fiscal year shall 
     establish not less than 1 citizen review panel.
       ``(ii) Designation of existing entities.--A State may 
     designate as panels for purposes of this subsection one or 
     more existing entities established under State or Federal 
     law, such as child fatality panels or foster care review 
     panels, if such entities have the capacity to satisfy the 
     requirements of paragraph (4) and the State ensures that such 
     entities will satisfy such requirements.
       ``(2) Membership.--Each panel established pursuant to 
     paragraph (1) shall be composed of volunteer members who are 
     broadly representative of the community in which such panel 
     is established, including members who have expertise in the 
     prevention and treatment of child abuse and neglect.
       ``(3) Meetings.--Each panel established pursuant to 
     paragraph (1) shall meet not less than once every 3 months.
       ``(4) Functions.--
       ``(A) In general.--Each panel established pursuant to 
     paragraph (1) shall, by examining the policies and procedures 
     of State and local agencies and where appropriate, specific 
     cases, evaluate the extent to which the agencies are 
     effectively discharging their child protection 
     responsibilities in accordance with--
       ``(i) the State plan under subsection (b);
       ``(ii) the child protection standards set forth in 
     subsection (b); and
       ``(iii) any other criteria that the panel considers 
     important to ensure the protection of children, including--

       ``(I) a review of the extent to which the State child 
     protective services system is coordinated with the foster 
     care and adoption programs established under part E of title 
     IV of the Social Security Act; and
       ``(II) a review of child fatalities and near fatalities (as 
     defined in subsection (b)(4)).

       ``(B) Confidentiality.--
       ``(i) In general.--The members and staff of a panel 
     established under paragraph (1)--

       ``(I) shall not disclose to any person or government 
     official any identifying information about any specific child 
     protection case with respect to which the panel is provided 
     information; and
       ``(II) shall not make public other information unless 
     authorized by State statute.

       ``(ii) Civil sanctions.--Each State that establishes a 
     panel pursuant to paragraph (1) shall establish civil 
     sanctions for a violation of clause (i).
       ``(5) State assistance.--Each State that establishes a 
     panel pursuant to paragraph (1)--
       ``(A) shall provide the panel access to information on 
     cases that the panel desires to review if such information is 
     necessary for the panel to carry out its functions under 
     paragraph (4); and
       ``(B) shall provide the panel, upon its request, staff 
     assistance for the performance of the duties of the panel.
       ``(6) Reports.--Each panel established under paragraph (1) 
     shall prepare and make available to the public, on an annual 
     basis, a report containing a summary of the activities of the 
     panel.
       ``(d) Annual State Data Reports.--Each State to which a 
     grant is made under this section 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; or

[[Page H11144]]

       ``(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 section or an 
     equivalent State program;
       ``(B) the number that received services during the year 
     under the State program funded under this section 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 services 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 services workers 
     responsible for intake, assessment, and investigation of 
     child abuse and neglect reports relative to the number of 
     reports investigated in the previous year.
       ``(11) The number of children reunited with their families 
     or receiving family preservation services that, within five 
     years, result in subsequent substantiated reports of child 
     abuse and neglect, including the death of the child.
       ``(12) The number of children for whom individuals were 
     appointed by the court to represent the best interests of 
     such children and the average number of out of court contacts 
     between such individuals and children.
       ``(e) Annual Report by the Secretary.--Within 6 months 
     after receiving the State reports under subsection (i), 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. 108. REPEAL.

       Section 108 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106b) is repealed.

     SEC. 109. MISCELLANEOUS REQUIREMENTS.

       Section 110 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106d) is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).

     SEC. 110. DEFINITIONS.

       Section 113 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106h) is amended--
       (1) by striking paragraphs (1), (2), (5), and (9);
       (2)(A) by redesignating paragraphs (3), (4), and (6) 
     through (8) as paragraphs (1) through (5), respectively; and
       (B) by redesignating paragraph (10) as paragraph (6);
       (3) in paragraph (2) (as 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, serious physical 
     or emotional harm, sexual abuse or exploitation, or an act or 
     failure to act which presents an imminent risk of serious 
     harm;''; and
       (4) in paragraph (4)(B) (as redesignated), by inserting ``, 
     and in cases of caretaker or inter-familial relationships, 
     statutory rape'' after ``rape''.

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       Section 114(a) of the Child Abuse Prevention and Treatment 
     Act (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 1997, and such sums as may be necessary for each of the 
     fiscal years 1998 through 2001.
       ``(2) Discretionary activities.--
       ``(A) In general.--Of the amounts appropriated for a fiscal 
     year under paragraph (1), the Secretary shall make available 
     30 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. 112. RULE OF CONSTRUCTION.

       Title I of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5101 et seq.) is amended by adding at the end 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 services 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. Except with 
     respect to the withholding of medically indicated treatments 
     from disabled infants 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. 113. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Child Abuse Prevention and Treatment Act.--
       (1)(A) Sections 104 through 107 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5104 through 5106a), 
     as amended by this subtitle, are redesignated as sections 103 
     through 106 of such Act, respectively.
       (B) Sections 109 through 114 of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C 5106c through 5106h), as amended 
     by this subtitle, are redesignated as sections 107 through 
     112 of such Act, respectively.
       (C) Section 115 of the Child Abuse Prevention and Treatment 
     Act, as added by section 112 of this Act, is redesignated as 
     section 113 of the Child Abuse Prevention and Treatment Act.
       (2) Section 107 of the Child Abuse Prevention and Treatment 
     Act (as redesignated) is amended--
       (A) in subsection (a), by striking ``acting through the 
     Center and'';
       (B) in subsection (b)(1), by striking ``sections'' and 
     inserting ``section'';
       (C) in subsection (c)(1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     a comma after ``maintain''; and
       (ii) in subparagraph (F), by adding a semicolon at the end; 
     and
       (D) in subsection (d)(1), by adding ``and'' at the end.
       (3) Section 110(b) of the Child Abuse Prevention and 
     Treatment Act (as redesignated) is amended by striking 
     ``effectiveness of--'' and all that follows and inserting 
     ``effectiveness of assisted programs in achieving the 
     objectives of section 107.''.
       (b) Victims of Crime Act of 1984.--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''.
     Subtitle B--Community-Based Family Resource and Support Grants

     SEC. 121. 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 title--
       ``(1) to support State efforts to develop, operate, expand 
     and enhance a network of community-based, prevention-focused, 
     family resource and support programs that coordinate 
     resources among existing education, vocational 
     rehabilitation, disability, respite care, 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; and
       ``(2) to foster an understanding, appreciation, and 
     knowledge of diverse populations in order to be effective in 
     preventing and treating child abuse and neglect.
       ``(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') under section 202(1) 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 assistance to families;
       ``(B) provide early, comprehensive support for parents;
       ``(C) promote the development of parenting skills, 
     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 through respite care and other 
     services; 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;

[[Page H11145]]

       ``(3) financing the start-up, maintenance, expansion, or 
     redesign of specific family resource and support program 
     services (such as respite care 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 a lead 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 care 
     services integrated with the Statewide network;
       ``(B) such lead entity is an existing public, quasi-public, 
     or nonprofit private entity (which may be an entity that has 
     not been established pursuant to State legislation, executive 
     order, or any other written authority of the State) 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;
       ``(C) in determining which entity to designate under 
     subparagraph (A), the chief executive officer should give 
     priority consideration equally to a trust fund advisory board 
     of the State or to 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
       ``(D) in the case of a State that has designated a State 
     trust fund advisory board for purposes of administering funds 
     under this title (as such title was in effect on the date of 
     the enactment of the Child Abuse Prevention and Treatment Act 
     Amendments of 1996) and in which one or more entities that 
     leverage Federal, State, and private funds (as described in 
     subparagraph (C)) exist, the chief executive officer shall 
     designate the lead entity only after full consideration of 
     the capacity and expertise of all entities desiring to be 
     designated under subparagraph (A);
       ``(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, 
     comprehensive 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) Remaining Amounts.--
       ``(1) In general.--The Secretary shall allot the amount 
     appropriated under section 210 for a fiscal year and 
     remaining after the reservation under subsection (a) among 
     the States as follows:
       ``(A) 70 percent of such amount appropriated shall be 
     allotted among the States by allotting to each State an 
     amount that bears the same proportion to such amount 
     appropriated as the number of children under the age of 18 
     residing in the State bears to the total number of children 
     under the age of 18 residing in all States (except that no 
     State shall receive less than $175,000 under this 
     subparagraph).
       ``(B) 30 percent of such amount appropriated shall be 
     allotted among the States by allotting to each State an 
     amount that bears the same proportion to such amount 
     appropriated as the amount leveraged by the State from 
     private, State, or other non-Federal sources and directed 
     through the State lead agency in the preceding fiscal year 
     bears to the aggregate of the amounts leveraged by all States 
     from private, State, or other non-Federal sources and 
     directed through the lead agency of such States in the 
     preceding fiscal year.
       ``(2) Additional requirement.--The Secretary shall provide 
     allotments under paragraph (1) to the State lead entity.
       ``(c) Allocation.--Funds allotted to a State under this 
     section--
       ``(1) shall be for a 3-year period; and
       ``(2) shall be provided by the Secretary to the State on an 
     annual basis, as described in subsection (a).

     ``SEC. 204. EXISTING GRANTS.

       ``(a) In General.--Notwithstanding the enactment of the 
     Child Abuse Prevention and Treatment Act Amendments of 1996, 
     a State or entity that has a grant, contract, or cooperative 
     agreement in effect, on the date of the enactment of such Act 
     under any program described in subsection (b), shall continue 
     to receive funds under such program, subject to the original 
     terms under which such funds were provided under the grant, 
     through the end of the applicable grant cycle.
       ``(b) Programs Described.--The programs described in this 
     subsection are the following:
       ``(1) The Community-Based Family Resource programs under 
     section 201 of this Act, as such section was in effect on the 
     day before the date of the enactment of the Child Abuse 
     Prevention and Treatment Act Amendments of 1996.
       ``(2) The Family Support Center programs under subtitle F 
     of title VII of the Stewart B. McKinney Homeless Assistance 
     Act (42 U.S.C. 11481 et seq.), as such title was in effect on 
     the day before the date of the enactment of the Child Abuse 
     Prevention and Treatment Act Amendments of 1996.
       ``(3) The Emergency Child Abuse Prevention Services grant 
     program under section 107A of this Act, as such section was 
     in effect on the day before the date of the enactment of the 
     Human Services Amendments of 1994.
       ``(4) Programs under the Temporary Child Care for Children 
     With Disabilities and Crisis Nurseries Act of 1986.

     ``SEC. 205. APPLICATION.

       ``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 care, 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 in non-Federal funds an amount 
     equal to not less

[[Page H11146]]

     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 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;
       ``(7) 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;
       ``(8) 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, children and 
     adults with disabilities, homeless families and those at risk 
     of homelessness, and members of other underserved or 
     underrepresented groups;
       ``(9) a plan for providing operational support, training 
     and technical assistance to community-based, prevention-
     focused, family resource and support programs for 
     development, operation, expansion and enhancement activities;
       ``(10) a description of how the applicant entity's 
     activities and those of the network and its members will be 
     evaluated;
       ``(11) a description of the actions that the applicant 
     entity will take to advocate systemic changes in State 
     policies, practices, procedures and regulations to improve 
     the delivery of prevention-focused, family resource and 
     support program services to 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, 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) outreach services;
       ``(iii) community and social service referrals; and
       ``(iv) 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 care services to the 
     extent practicable; and
       ``(C) access to optional services, including--
       ``(i) referral to and counseling for adoption services for 
     individuals interested in adopting a child or relinquishing 
     their child for adoption;
       ``(ii) child care, early childhood development and 
     intervention services;
       ``(iii) referral to services and supports to meet the 
     additional needs of families with children with disabilities;
       ``(iv) referral to job readiness services;
       ``(v) referral to educational services, such as scholastic 
     tutoring, literacy training, and General Educational Degree 
     services;
       ``(vi) self-sufficiency and life management skills 
     training;
       ``(vii) community referral services, including early 
     developmental screening of children; and
       ``(viii) 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 effective community-
     based programs serving low income communities and those 
     serving young parents or parents with young children, 
     including community-based family resource and support 
     programs.

     ``SEC. 207. PERFORMANCE MEASURES.

       ``A State receiving a grant under this title, through 
     reports provided to the Secretary--
       ``(1) shall 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) shall 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) shall demonstrate the establishment of new respite 
     care 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(3);
       ``(4) shall 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) shall 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) shall 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) shall describe the results of a peer review process 
     conducted under the State program; and
       ``(8) shall 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 care services, health and mental 
     health services, employability development and job training, 
     and other social services, including early developmental 
     screening of children, through help lines or other methods.
       ``(3) 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 (such as through mutual 
     support and parent self-help groups);
       ``(iii) 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;
       ``(iv) community and social services to assist families in 
     obtaining community resources; and
       ``(v) 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 care 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) referral to self-sufficiency and life management 
     skills training;
       ``(iii) referral to education services, such as scholastic 
     tutoring, literacy training, and General Educational Degree 
     services;

[[Page H11147]]

       ``(iv) referral to services providing job readiness skills;
       ``(v) child abuse and neglect prevention activities;
       ``(vi) referral to services that families with children 
     with disabilities or special needs may require;
       ``(vii) community and social service referral, including 
     early developmental screening of children;
       ``(viii) peer counseling;
       ``(ix) referral for substance abuse counseling and 
     treatment; and
       ``(x) help line services.
       ``(4) 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.
       ``(5) Respite care services.--The term `respite care 
     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.

     ``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title, $66,000,000 for fiscal year 1997 and such sums as may 
     be necessary for each of the fiscal years 1998 through 
     2001.''.
Subtitle C--Certain Preventive Services Regarding Children of Homeless 
              Families or Families At Risk of Homelessness

     SEC. 131. REPEAL OF TITLE III.

       Title III of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5118 et seq.) is repealed.
                  Subtitle D--Miscellaneous Provisions

     SEC. 141. TABLE OF CONTENTS.

       The table of contents of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5101 note) is amended to read as 
     follows:

``Sec. 1. Short title and table of contents.
``Sec. 2. Findings.

                       ``TITLE I--GENERAL PROGRAM

``Sec. 101. Office on Child Abuse and Neglect.
``Sec. 102. Advisory Board on Child Abuse and Neglect.
``Sec. 103. National clearinghouse for information relating to child 
              abuse.
``Sec. 104. Research and assistance activities.
``Sec. 105. Grants to public agencies and nonprofit private 
              organizations for demonstration programs and projects.
``Sec. 106. Grants to States for child abuse and neglect prevention and 
              treatment programs.
``Sec. 107. Grants to States for programs relating to the investigation 
              and prosecution of child abuse and neglect cases.
``Sec. 108. Miscellaneous requirements relating to assistance.
``Sec. 109. Coordination of child abuse and neglect programs.
``Sec. 110. Reports.
``Sec. 111. Definitions.
``Sec. 112. Authorization of appropriations.
``Sec. 113. Rule of construction.

     ``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

``Sec. 201. Purpose and authority.
``Sec. 202. Eligibility.
``Sec. 203. Amount of grant.
``Sec. 204. Existing grants.
``Sec. 205. Application.
``Sec. 206. Local program requirements.
``Sec. 207. Performance measures.
``Sec. 208. National network for community-based family resource 
              programs.
``Sec. 209. Definitions.
``Sec. 210. Authorization of appropriations.

     SEC. 142. REPEALS OF OTHER LAWS.

       (a) Temporary Child Care for Children With Disabilities and 
     Crisis Nurseries Act of 1986.--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 II--AMENDMENTS TO OTHER ACTS
        Subtitle A--Family Violence Prevention and Services Act

     SEC. 201. STATE DEMONSTRATION GRANTS.

       Section 303(e) of the Family Violence Prevention and 
     Services Act (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. 202. ALLOTMENTS.

       Section 304(a)(1) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10403(a)(1)) is amended by striking 
     ``$200,000'' and inserting ``$400,000''.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       Section 310 of the Family Violence Prevention and Services 
     Act (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.''.
 Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform 
              Act of 1978 (``Adoption Opportunities Act'')

     SEC. 211. FINDINGS AND PURPOSE.

       Section 201 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (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'';
       (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 ``Department of Health and Human Services to--'' and 
     inserting ``conditions, by providing a mechanism to--''; and
       (B) by redesignating subparagraphs (A) through (C) of 
     paragraph (2), as paragraphs (1) through (3), respectively, 
     and by realigning the margins of such paragraphs accordingly.

     SEC. 212. INFORMATION AND SERVICES.

       Section 203 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (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)(2)--
       (A) by striking ``Each'' and inserting ``(A) Each'';
       (B) 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
       (C) by adding at the end 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. 213. AUTHORIZATION OF APPROPRIATIONS.

       Section 205 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (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 1997, and such sums as may be 
     necessary for each of the fiscal years 1998 through 2001 to 
     carry out programs and activities authorized'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).
          Subtitle C--Abandoned Infants Assistance Act of 1988

     SEC. 221. PRIORITY REQUIREMENT.

       Section 101 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended by adding at the end the 
     following:

[[Page H11148]]

       ``(h) Priority Requirement.--In making grants under 
     subsection (a), the Secretary shall give priority to 
     applicants located in States that have developed and 
     implemented procedures for expedited termination of parental 
     rights and placement for adoption of infants determined to be 
     abandoned under State law.''.

     SEC. 222. 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 and inserting 
     ``$35,000,000 for fiscal year 1997 and such sums as may be 
     necessary for each of the fiscal years 1998 through 2001.''.
            Subtitle D--Reauthorization of Various Programs

     SEC. 231. MISSING CHILDREN'S ASSISTANCE ACT.

       (a) Authorization of Appropriations.--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.--
     To''
       (2) by striking ``1993, 1994, 1995, and 1996'' and 
     inserting ``1997 through 2001''; and
       (3) by adding at the end the following new subsection:
       ``(b) Evaluation.--The Administrator may 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.''.
       (b) Special Study and Report.--Section 409 of the Missing 
     Children's Assistance Act (42 U.S.C. 5778) is repealed.

     SEC. 232. 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 each of the fiscal years 1997 through 
     2000''; and
       (2) in subsection (b)(2), by striking ``and 1996'' and 
     inserting ``1996, and each of the fiscal years 1997 through 
     2000''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Goodling] and the gentleman from Michigan [Mr. 
Kildee] each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
  Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased today to have the opportunity to voice my 
support for a very important piece of legislation aimed at protecting 
the most vulnerable segment of this Nation's population--abused and 
neglected children. This legislation, which was crafted in a bicameral 
and bipartisan fashion, authorizes and makes critical improvements to 
the current Child Abuse Prevention and Treatment Act, otherwise known 
as the CAPTA Program.
  First, let me point out some of the successes of the CAPTA Program. 
Since its passage in 1974, CAPTA has provided valuable research in the 
area of child abuse and neglect, thereby allowing us to better 
understand the extent and causes of child abuse, but perhaps most 
importantly pinpointing promising initiatives at preventing, child 
abuse and neglect. CAPTA has also provided a vital framework for States 
under which to establish comprehensive child protective service 
systems. In addition, CAPTA has provided extensive funding to States 
and localities for projects which have been instrumental in identifying 
the most successful strategies to preventing, identifying and 
responding to child abuse and neglect.
  Yet, despite the best efforts of the CAPTA Program, the fact is the 
incidence of child abuse and neglect continues to rise. In the ``Third 
National Incidence Study of Child Abuse and Neglect,'' released last 
week, we learn that child abuse and neglect nearly doubled in the 
United States from 1.4 million cases in 1986 to 2.8 million in 1993. 
While I recognize there is some controversy in these numbers, there is 
no question this Nation faces a serious crisis. Clearly this issue 
needs to be properly addressed.
  Beyond the issue of child abuse is that of child fatalities. A report 
issued last year found that over 2,000 children die at the hands of 
their own parents every year, while almost 150,000 children are 
seriously injured. Buried in the statistics of such studies are the 
very real and horrific stories of children like Nadine Lockwood, a 4-
year-old girl from New York City, who just weeks ago was found to have 
been starved to death in her own bedroom by her own mother. Tragically, 
stories such as hers are all too common.
  Furthermore the tragedy of child abuse is not solely reflected in 
statistical data. Too often abused children are left emotionally 
scarred, find themselves unable to cope in school and in employment, 
and worse yet, carry their abuse on to their own children and future 
generations. This vicious cycle must end.
  At the same time we find an increasing number of children who are 
seriously abused, there is also a significant problem related to 
unsubstantiated reports of child abuse due to insufficient evidence on 
which to proceed. In fact, of all of the reported cases of child abuse, 
nearly one-third are never substantiated. While it is clear that some 
of these cases involve actual abuse that simply is unable to be proven, 
it is also true that many people report situations which do not 
constitute legal grounds of abuse or neglect. The most tragic of these 
cases is where an individual knowingly makes a false report. Beyond the 
turmoil these cases inflict upon innocent parents, they also preoccupy 
child protective services which in turn endangers children who are 
truly being abused.
  I will review shortly the changes we have made to CAPTA in order to 
address this problem. However, let me just point out that among these 
changes include increased research in the area of unsubstantiated cases 
of abuse and the impact it is having on child protective services.
  Although child abuse and neglect continues to rise in the face of 
prevention programs such as CAPTA, we simply cannot turn our backs on 
these children. We must continue to better manage child protection 
programs--beginning at the Federal level; learn how to respond better 
to cases of abuse and neglect; and we must emphasize that preventing 
and curbing the incidence of child abuse begins, not at the Federal 
level, but instead within our very own communities and neighborhoods.
  The amendments to CAPTA, as unanimously passed in the Senate in July, 
continue this mission--while making much needed improvements. These 
changes include:
  Simplifying and streamlining the administration of the CAPTA program 
at the Federal, State and local level;
  Restructuring and consolidating various research functions into a 
single coordinated effort, thereby improving the dissemination of 
critical information on child abuse and successful methods to prevent 
it, to States, local government and communities;
  Placing an increased and significant emphasis on local innovation and 
experimentation.
  Ensuring that persons who maliciously file reports of abuse or 
neglect will no longer be protected by CAPTA's immunity for reporting. 
Only good faith reports will be protected; and
  Clarifying 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.
  The House amendment to S. 919, before us today, maintains these 
important changes by the Senate and further improves upon the Senate 
bill by making significant additional changes. These House changes, 
which are supported by the Senate, coupled with the initial 
improvements in the Senate bill will further assist abused and 
neglected children. Under these changes:
  No longer will infants who have been abandoned by their parents in 
hospitals or back alleys be denied the opportunity to be adopted in a 
timely manner by loving parents. States will be required to have 
procedures in place to expedite the termination of parental rights, 
when infants have been abandoned. Currently, when an infant is 
abandoned, they often end up in ``foster care limbo'' for months, even 
years, while continued vain attempts are made to reunify the infant 
with his or her parents who abandoned them in their first hours of 
life.
  No longer will States, in overzealous attempts of ``family 
preservation,'' place children back into homes where parents have been 
convicted of egregious acts such as murder, voluntary manslaughter or 
felony assaults of their own children.
  Finally, the changes made in the House will provide new opportunities 
for citizens--not just child protection bureaucrats--to play an 
integral role in ensuring that States are meeting their goals of 
protecting children from abuse and neglect.
  With the changes made to CAPTA by both the Senate and the House, I 
believe there is new hope for a better child protection system in this 
nation. However, it will take much more than

[[Page H11149]]

passage of this legislation to stop the tragic increase of child abuse 
and neglect. It takes responsibility and dedication from each and every 
citizen to be active within our communities, churches, and schools--to 
not only reach out and support children who are being abused but also 
to hold child protection services accountable within their communities 
to ensure that child protection agencies are effectively responding to 
cases of child abuse and neglect.
  I want to further detail and explain the changes which are included 
in the House substitute to the Senate passed version of S. 919.
  Under section 104, dealing with the National Clearinghouse for 
Information Related to Child Abuse, language was added to ensure the 
confidentiality of any case specific data. However, pursuant to the 
confidentiality language contained in section 107, as amended, we do 
not foresee any particular instance where the clearinghouse would have 
information on any case specific data. Instead, this provision is 
intended as a precautionary provision in the event the clearinghouse 
does in fact come into contact with any such information.
  Under section 106, Grants for Demonstration Programs, language was 
deleted from the Senate passed version dealing with grants to provide 
culturally specific instruction. In general, there has been much 
sensitivity with regard to ``culturally specific instruction'' in the 
field of child abuse and neglect. This stems from a concern that in 
some instances true cases of child abuse have been disregarded as 
``acceptable behavior'' in a specific culture. In light of the deletion 
of this provision, along with several other such references, additional 
language was added to section 201(a) of the Community-Based Family 
Resource and Support Grants. Specifically, this language adds as a 
purpose, ``to foster an understanding, appreciation, and knowledge of 
diverse populations in order to be effective in preventing and treating 
child abuse and neglect.'' In addition, language was maintained in 
section 105 of the Senate bill which will provide research in the area 
of ``cultural and socio-economic distinctions'' of child abuse and 
neglect. It is our hope that this research will shed additional light 
onto this important topic.

  Also within section 106, language was added to limit the number of 
grants available for Kinship Care. Specifically, no more than 10 States 
may be awarded a grant to assist such entities in developing or 
implementing procedures using adult relatives as the preferred 
placement for children removed from their home.
  Under section 107, Grants to States for Child Abuse and Neglect 
Prevention and Treatment Programs, several significant changes were 
made.
  In general, the House amendment streamlines the State plan and the 
State eligibility requirements. Under the Senate bill, as under current 
law, the plan and requirements are separate and to a certain extent 
duplicative. The new language merges the plan elements under the State 
requirements. Senate language, which I strongly support, was also 
maintained to ensure coordination to the maximum extent practicable 
between this State plan and the State plan under part B of title IV of 
the Social Security Act relating to the child welfare services and 
family preservation and family support services.
  With respect to the elements included under the State plan 
requirements, language was added to provide more flexibility to States 
in appointing a guardian ad litem, by clarifying that they need not be 
an attorney, but instead may be a court appointed special advocate (or 
both). Language was also added to clarify that the role of such 
individuals shall include obtaining first hand, a clear understanding 
of the situations and needs of the child and to make recommendations to 
the court concerning the best interests of the child. However, it is 
not intended that this be an exhaustive list of the responsibilities of 
these representatives. Under the current system, there are more and 
more cases where an appointed guardian has made virtually no contact 
with the child, while proceeding to make unfounded recommendations to 
the courts. This legislation strengthens the requirement that these 
representatives know and actively advocate the best interests of the 
children they are representing. Related to this, the House amendment 
adds language which will ensure more information is gathered with 
regard to these representatives.
  Another key provision added under this section pertains to assisting 
abandoned infants. Specifically, within 2 years, States will be 
required, as a condition of funding, to have procedures in place for 
the expedited termination of parental rights in the case of any infant 
determined to be abandoned under State law. With these provisions in 
place, countless numbers of infants who would otherwise languish in the 
foster care system will have new opportunities of being adopted at a 
very young age by loving parents.
  In addition to providing new opportunities for babies that have been 
abandoned, this legislation also adds balance to a system which by many 
accounts has moved too far towards a model of ``family preservation'' 
even in the face of the most egregious crimes committed by parents 
against their own children.
  Under this legislation, States will have no more than 2 years to 
ensure that they do not require reunification of a surviving child with 
a parent who has been convicted of a serious and violent crime such as 
murder, voluntary manslaughter or felony assaults upon their own 
children. In addition, States must ensure that these felonies 
constitute grounds under State law for the termination of parental 
rights of the convicted parent as to the surviving children. However, 
we have clarified that case by case determinations of whether or not to 
seek termination of parental rights shall be within the sole discretion 
of the State.
  Another key change in the House amendment is the addition of citizen 
review panels. These panels will provide new opportunities for citizens 
to play an integral role in ensuring that States are meeting their 
goals of protecting children from abuse and neglect.
  Under this provision, each State is required to establish a minimum 
of three citizen review panels--with exception for those States meeting 
the legislation's ``small State minimum'' standards. Although the 
language includes a minimum number of such panels, it is strongly 
encouraged that larger States take the initiative to establish more 
than just three panels as not to overburden a limited number of panels 
within an extremely large populous.
  It was recognized that indeed most, if not all, States already have 
in place panels in the area of foster care and to oversee cases of 
child fatalities. It is not the intent for this legislation to create 
unnecessary duplication at the State and local level which is why a 
provision was added to clarify that States may utilize existing panels 
such as foster care review panels and child fatality panels as long as 
they also fulfill the requirements under this legislation.
  It is expected that the citizen review panels will evaluate the 
extent to which States are meeting their responsibilities related to 
the State plan, the child protection standards, and coordination with 
foster care and adoption programs. They will also review child fatality 
and near fatality cases. In carrying out these duties, language has 
been added which clarifies that the State provide the panel access to 
information the panel desires as to allow the panel to carry out its 
functions.
  Because these panels will have access to case specific records, 
language was included to ensure that the members and staff of these 
panels be held to stringent confidentiality standards back up with 
civil sanctions for violating these standards.
  I also want to highlight language included in section 107 from the 
Senate passed version. These new language will require States to submit 
a report on the success of their child protection system. Along with 
the Senate's data elements, the House amendment includes an additional 
requirement that data be collected on the number of children reunited 
with their families or receiving family preservation services, that 
within 5 years, result in subsequent substantial reports of child abuse 
and neglect, including the death of the child. In addition, information 
will be gathered on the number of children for whom individuals were 
appointed by the court to represent the best interests of such children 
and the average number of out of court contacts between such 
individuals and children. Quality data in both of these areas is 
lacking despite the fact that much time and effort has been invested at 
the Federal, State and local levels into ``family preservation'' and 
requirements for the appointment of individuals to represent abused and 
neglected children in courts. This information will provide valuable 
insight into these areas.

  Under section 110, language was added in the House amendment to 
expand the definition of sexual abuse to include statutory rape in 
cases of caretaker or interfamilial relationships. Although rape has 
always been within the definition of sexual abuse this will clarify 
this to also mean statutory rape.
  Under section 111, Authorization of Appropriations, Senate language 
was modified to slightly decrease the amount of funds under title I 
made available for discretionary activities. As a result, additional 
funds will be available to go directly to States in order to improve 
their child protective systems.
  The House amendment also made several modifications to the Senate 
language included under title II, the community-based family resource 
and support grants.
  Specifically, language was added under section 202, clarifying that a 
lead entity, as designated to administer these funds, may be an entity 
that has not been established pursuant to State legislation, Executive 
Order, or any written authority of the State. Further, language was 
added to ensure that States that have already designated a State trust 
fund advisory board to administer funds under the existing program, go 
through the process of

[[Page H11150]]

again designating a lead entity taking into consideration the capacity 
and expertise of all entities desiring to be lead agencies.
  Modifications were also made to the formula under title II of the 
Senate bill. As passed, the Senate's formula, as an incentive, provided 
more funds for those States able to leverage funds for services related 
to child abuse and neglect. However, according to the Congressional 
Research Service, the actual language would have made it difficult, if 
not impossible for such a determination to be made because it could 
potentially be interpreted as requiring the Federal Government to match 
any amount of funds leveraged by the State. Therefore, language was 
added to first, distribute a majority, 70 percent, of funds under a 
straight proportion based on population of children under the age of 
18, the Senate bill would have allotted 50 percent based on this 
factor, and second to clarify that the remainder be distributed by how 
much a State is able to leverage as compared to the amount all other 
States are able to leverage for sources other than the Federal 
Government.
  Related to the formula, the House amendment provided an increase to 
the small State minimum over current law, but a decrease as compared to 
the Senate bill. It has also come to my attention that the current 
small State minimum has been interpreted by the administration to first 
send all States the minimum amount of funding and subsequently 
distribute the remaining funds by the statutory formula. It should be 
clarified that congressional intent of this legislation is that the 
Secretary calculate the allotments to all States under the formula, 
after which, all States receiving under $175,000, be provided 
additional funding taken, pro rata from other State, in order to 
achieve the $175,000 minimum.
  Language under section 204 dealing with existing grants was also 
modified by striking a clause in the Senate bill dealing with 
``continuation grants.'' It was the opinion that the intent of this 
clause was adequately addressed under section 204(a).
  Under section 206 Local Program Requirements, several minor 
modifications were made dealing with references to early developmental 
screening of children. Specifically, clarification was made that these 
services, under community-based programs, be optional and may include 
referral to, as opposed to the provision of these services. A similar 
modification related to this was added under the definition section to 
the definition of ``Family Resource and Support Program.'' Also under 
the definition section, the Senate definition of ``National Network for 
Community-Based Family Resource'' was deleted due to the fact that it 
did not appear in the Senate-passed version nor the House amendment.
  Finally, with respect to the authorization levels under title II, the 
House amendment included a modified authorization of $66 million for 
1997 and such sums thereafter. This more accurately reflects the 
current funding of the program.

                              {time}  2015

  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 919, which will 
reauthorize the Child Abuse Prevention and Treatment Act into the first 
year of the new century.
  I am very gratified that we are here today with a proposal that has 
bipartisan backing and is supported by the professionals across this 
country who provide assistance to some of the most vulnerable among 
us--abused, neglected and abandoned children, and their families.
  Mr. Speaker, we are all too familiar with the horrific high profile 
cases which sear our consciences and force us again and again to ask 
why we could not prevent the loss or scarring of such innocent lives. 
Unfortunately, these high-profile cases represent only the tip of a 
very tragic iceberg. As we all know, last week Health and Human 
Services Secretary Donna Shalala released the Third National Incidence 
Survey of Child Abuse and Neglect which revealed that the number of 
child abuse cases has doubled in just 7 years. That report also points 
out that States had investigated only 28 percent of children identified 
as harmed or abused--a 16 percent drop in a 7-year period.
  Shrinking State budgets have meant increasing caseloads. In most 
States, Child Protective Services [CPS] caseworkers have on average 
double the standard recommended caseload. This translates into reports 
that go unanswered and children that remain in perilous conditions. I 
sincerely hope that the Citizen Review Panels established under title I 
will help increase public awareness that even the most heroic 
caseworkers cannot possibly serve the needs of the children and 
families in their communities under these circumstances.
  When the changes and requirements of the new welfare reform law are 
fully implemented caseworkers are likely to face even greater burdens. 
Those of us who are familiar with the child care delivery system in 
this country fully expect that the new work requirements of the welfare 
reform law will result in serious child care shortages across the 
country. Where child care is unavailable and children are left at home 
alone when parents work, child protective services will be further 
challenged to find remedies for such cases of child neglect. I 
sincerely hope that the Citizen Review Panels, which States will be 
required to establish, will help build a case for additional resources 
to child protection agencies which provide critical family support and 
prevention services to communities.
  Mr. Speaker, the CAPTA reauthorization proposal before us today will 
help communities improve services to families through increased 
flexibility for child protection programs and reduced administrative 
burdens on States. The bill does not promote the status quo. It 
consolidates several Federal funding streams by folding four 
categorical programs into one community-based prevention grant to 
support prevention services to families. It will also help refine the 
role played by the Federal Government in helping States and communities 
to prevent and treat child abuse and neglect, including support for 
research and demonstration efforts to develop new approaches to 
prevention.
  I want to thank my Committee Chair Bill Goodling and Darcy Phelps of 
his staff for their consideration of issues I raised in the last 
several weeks. I thank Sara Davis of my staff. I also want to thank my 
colleagues in the other body, Senators Kennedy, Dodd, and Coates, whose 
staffs made very valuable contributions to this measure.
  Mr. Speaker, I am very gratified that this crucial program was not 
``block granted'' back to the States in the welfare reform bill. I 
think that would have been a serious mistake. Instead, this proposal 
reaffirms the strong Federal leadership role in combating child abuse 
and neglect. What does that mean? It means targeting funds at 
prevention efforts, guaranteeing essential protection for children who 
are the most vulnerable, providing funds for research, as well as 
valuable technical assistance, training, and data collection.
  Finally, I would like to say this to my colleagues. This 
reauthorization proposal ensures that each of us will continue to have 
a voice for children like Lisa Steinberg and Nadine Lockwood whose 
voices were silenced before anyone could help.
  I urge my colleagues to vote for this proposal.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLING. Mr. Speaker, I yield 4 minutes to the very 
distinguished gentleman from Arkansas [Mr. Hutchinson], a member of the 
committee.
  Mr. HUTCHINSON. Mr. Speaker, I rise today in strong support of S. 
919, the Child Abuse, Prevention and Treatment Act.
  I commend Chairman Goodling, Ranking Member Clay, as well as our 
colleagues in the Senate for working together to bring this important 
bill to the floor.
  Mr. Speaker, 2 years ago this month I received a 1,300 name petition 
from my constituents in northwest Arkansas regarding the child abuse 
case of Kendall Shea Moore. Kendall was a tiny infant who in the first 
5 months of his life had virtually every bone in his body broken and 
his skull cracked. Finally on April 7, 1994, after the baby was 
admitted to the intensive care unit, authorities arrested those 
responsible for this horrendous abuse--the child's own father and as an 
accomplice, the baby's mother.
  As you can imagine, this case caused an uproar in northwest Arkansas. 
However, the action that really incensed my constituents was when the 
court decided to return the baby to his mother. Just over 9 months from 
the day he was admitted to the intensive care unit, Kendall Shea Moore 
was permanently returned to his mother's custody.

[[Page H11151]]

  In response to the outcry from my constituents, in January 1995, I 
hosted a meeting in my district office, bringing together Arkansas 
State legislators, foster parents and child advocates. I was appalled 
by the stories I heard from these foster parents. Time and time again 
they told me of children being returned to abusive situations. They 
told me of foster parents being aware of criminal abuse and not being 
able to testify in court. I was also told of doctors not being able to 
come forward due to confidentiality concerns. Unfortunately, I do not 
believe this tragic situation is unique to Arkansas.
  Mr. Speaker, I am a strong supporter of the family and of doing 
everything we can to keep families together and encouraging the bond 
between parent and child. I am also a strong defender of the 
constitutional rights of parents.
  However, we as a society have an obligation to protect the weakest 
and most vulnerable. There is something seriously wrong when we allow 
children and infants to be returned to homes where criminal abuse has 
occurred.
  Based on the input I have received, there are several areas where we 
could reform CAPTA. First, we need to allow foster parents a greater 
opportunity to have input into the system. S. 919 requires States to 
establish citizen review panels to review the activities of State and 
local agencies. Specific duties include review coordination of child 
abuse prevention programs with foster care and adoption programs; and 
the review of cases involving child fatalities and near fatalities.
  Second, we need to promote greater interagency cooperation. Very 
often State human services departments are not equipped to deal with 
cases of criminal abuse; nor should they be. These cases rightfully 
fall under the jurisdiction of law enforcement. S. 919 specifically 
encourages the cooperation of State law enforcement, courts, and State 
agencies in the investigation, prosecution and treatment of child abuse 
or neglect.
  Finally, S. 919 deals with the issue of family reunification and the 
termination of parental rights. In cases of criminal abuse, where a 
parent has been convicted in a court of law, the legislation directs 
the States to have provisions in place protecting a surviving child 
from reunification with the convicted abuser. In addition, the 
legislation clarifies that such a conviction is grounds for the 
termination of parental rights.
  No longer will States put children back into homes where parents have 
been convicted of egregious acts such as murder, voluntary manslaughter 
or felony assaults of their own children.
  Children, like Kendall Shea Moore should never have to face the 
possibility of abuse again. We owe our children more than that.
  Mr. Speaker, as we witness the continuing dissolution of the family 
in our society, I fear that the incidence of child abuse will only 
increase. We need to act and I strongly encourage my colleagues to 
support passage of S. 919.

                              {time}  2030

  Mr. KILDEE. Mr. Speaker, I yield 5 minutes to the gentleman from 
Hawaii [Mr. Abercrombie].
  Mr. ABERCROMBIE. Mr. Speaker, I rise today in support of S. 919, the 
Child Abuse Prevention and Treatment Act amendments. These amendments 
are especially important for States like Hawaii that will benefit from 
an increase in the small State minimum for the distribution of funds 
under the Family Violence Prevention and Services Act.
  Under the Child Abuse Prevention and Treatment Act, services and 
shelter for victims of domestic violence are provided by the Family 
Violence Prevention and Services Act to States on a population basis. 
Small population States receive a minute allocation under this act of 
$200,000, or 1 percent, whichever is less. S. 919 would increase the 
minimum allocation to $400,000 so small States can receive a fair share 
of the new funding available under the Violence Against Women Act.
  In the State of Hawaii, the percentage of homicides that were 
committed by family members is now seen as twice the national average, 
and it is my hope that increased funding and focus for Hawaii's 
domestic violence shelters and services can turn this frightening 
statistic around.
  Mr. Speaker, I wanted to go over a bit of the chronology of events as 
to how this report now reaches us on the floor because I think it is 
instructive not only for the membership, but for the community at 
large, as to how a matter that is seen as having tremendous public 
impact and community impact is able to be dealt with by the Congress. I 
think it is a lesson, a civics lesson, if my colleagues will, Mr. 
Speaker, in how to deal with drastic circumstances that are not 
otherwise amenable to being resolved in the community minus the 
legislative support of the Congress.
  In the course of that I want to compliment the office of the 
gentleman from Delaware [Mr. Castle], the staff in his office, and I 
most especially want to thank the ranking member, the gentleman from 
Michigan [Mr. Kildee], and his staff, and I want to recognize and 
commend the gentleman from Pennsylvania [Mr. Goodling], and his staff, 
for recognizing in turn how important this amendment was in seeing it 
through the entire conference. It is the kind of thing that can easily 
be lost unless there is an alert staff as well as an alert Chair and 
ranking member who have the good of the community at heart, and most 
particularly, those most vulnerable, the innocent among us, our 
children.
  I had received a letter, Mr. Speaker, from Governor Benjamin 
Cayetano, the Governor of our State of Hawaii, asking for support of 
the amendment and indicating that he was aware of how important the 
change from $200,000 to $400,000 would be. I got that in July. I am 
citing the specific times, Mr. Speaker, because I want to show how it 
is possible for the Congress to act with a concerted effort and respond 
rapidly, and this is an excellent example of it.
  I drafted a letter, a ``Dear Colleague'' letter, to Members, and I am 
very pleased that the gentlewoman from Hawaii, Mrs. Mink, my colleague, 
and the gentleman from Delaware, Mr. Castle, were the original signers 
of the letter, and we consulted with the staff of Mr. Goodling's 
committee, and we sent a ``Dear Colleague'' letter out to Members whose 
districts and whose States were affected. We invited them to sign a 
letter to Chairman Goodling of the Committee on Economic and 
Educational Opportunities in support of increasing the minimum, and I 
would like to quote, if I might, Mr. Speaker, briefly from the letter 
to Mr. Goodling because I think it provides, again, an example and a 
basis for understanding how legislation can be brought promptly to the 
floor in a way that effectively serves the ends sought.

  In addressing the chairman we wrote requesting his support for 
increasing the small State minimum in the distribution of funds. Small 
States were guaranteed a minimum, as I indicated, of $200,000. Congress 
recently increased the appropriation from $32 million in fiscal year 
1995 to $47 million in 1996. Unfortunately, the small State minimum did 
not receive a comparable increase; thus States which we represented, 
those of us who signed the letter to the gentleman from Pennsylvania 
[Mr. Goodling], Alaska, Delaware, Washington, DC, Hawaii, Idaho, Maine, 
Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, 
Rhode Island, South Dakota, Utah, Vermont, West Virginia and Wyoming 
did not benefit from the funding increase. Small States, of course, 
have the same pressing needs as large States to provide adequate 
services for women who have been the victims of domestic violence. 
Consequently we believed that it was imperative that the small State 
minimum be increased. The Senate had already increased the small State 
minimum to $400,000 in the Child Abuse and Prevention Treatment Act and 
was expected to include it.
  Mr. Speaker, the Senate, as I said, expected to include this 
provision in the Labor, HHS and Education appropriations bill but 
obviously required support of the gentleman from Pennsylvania [Mr. 
Goodling] and the conferees in the conference. The result, Mr. Speaker, 
is before us today. It has been accomplished. In other words, between 
July and September of this year on a bipartisan basis, we were able to 
deal with this crisis. Small States were recognized, and more 
importantly, the children and those others who come under the aegis of 
this act were recognized as being in need.

[[Page H11152]]

  So I would like to close with a profound sense of gratitude to the 
gentleman from Pennsylvania [Mr. Goodling] and the committee and 
indicate that I hope that this will, if it has to be voted on, will be 
a unanimous vote of the Congress and offer in conclusion, Mr. Speaker, 
again a reference to the fact that it is possible for men and women of 
good will and acting in faith with the Constitution and our duties here 
in the House to act promptly on behalf of the children of this country.
  Mr. GOODLING. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois [Mr. Fawell].
  Mr. FAWELL. Mr. Speaker, I thank the gentleman for yielding this time 
to me.
  Mr. Speaker, I am pleased that I rise in support of the Child Abuse 
Prevention and Treatment Act [CAPTA] Amendments of 1996. Since its 
passage in 1974, CAPTA has provided protection and assistance for one 
of our nation's most vulnerable segments--children who have been abused 
and/or neglected. I am delighted to say that this is yet another 
bipartisan measure produced by the House Opportunities Committee and 
brought to the floor under suspension of the rules. I commend Chairman 
Goodling and ranking member, Mr. Clay and Mr. Kildee for their fine 
effort in bringing this important legislation to the floor.
  Mr. Speaker, for a number of years, I have sponsored the ``At-Birth 
Abandoned Baby Act''. The bill guarantees all babies abandoned at-
birth, or shortly thereafter, the right to immediate placement and 
bonding with ``preadoptive parents.'' The preadoptive parents are given 
the right to immediately initiate proceedings for an expeditious 
adoption of the abandoned baby.
  One of the major provisions of the At-Birth Abandoned Baby Act simply 
requires State welfare authorities to immediately place ``at-birth 
abandoned babies'' with suitable ``pre-adoptive parents'' who, in turn, 
will be allowed to immediately file for an expeditious adoption of the 
abandoned baby in the State court of proper jurisdiction.
  Mr. Speaker, I am pleased the Child Abuse Prevention and Treatment 
Act contains similar provisions which will provide for an expedited 
adoption procedure for abandoned infants. The bill requires that in 
order to be eligible to receive funds under the Child Abuse Prevention 
and Treatment Act, States must have in place a program within 2 years 
which will provide ``for the expedited termination of parental rights 
in the case of any infant determined to be abandoned under State law''. 
Mr. Speaker, I strongly support the inclusion of this provision in the 
bill.
  I would also like to mention that the bill contains a provision which 
will require the Secretary of Health and Human Services, in dispensing 
funds under the Abandoned Infants Assistance Act, to give priority to 
States which have developed and implemented procedures for expedited 
placement of abandoned infants. I believe this provision will give 
States the added incentive to implement this vital expedited adoption 
procedure.
  Mr. Speaker, passage of these two commonsense provisions will give 
those infants abandoned at-birth at least a fighting chance for 
immediate parental bonding by adoptive parents and a permanent home. I 
strongly support this bill and urge all of my colleagues to join me in 
voting for its passage.
  Mr. GOODLING. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas [Mr. Smith] for the purpose of engaging in a 
colloquy.
  Mr. SMITH of Texas. Mr. Speaker, first of all I want to thank my 
friend from Pennsylvania, Mr. Goodling, who is the chairman of the 
Committee on Economic and Educational Opportunities for yielding this 
time to me, but I also want to thank him and the many others who have 
helped us reach an agreement on such an important subject.
  Mr. Speaker, it is my understanding that under CAPTA, States have 
been allowed to exempt parents from prosecution on grounds of medical 
neglect if the parent was employing alternative means of healing as 
part of the parent's religious practice. CAPTA also has required the 
States to have procedures in place to report, investigate and intervene 
in situations where children are being denied medical care needed to 
prevent harm.
  Mr. GOODLING. Mr. Speaker, will the gentleman yield?
  Mr. SMITH of Texas. I yield to the gentleman from Pennsylvania.
  Mr. GOODLING. Mr. Speaker, that is correct. The two provisions the 
gentleman has described have caused problems for some States. In recent 
years, the Department of Health and Human Services has moved to 
disqualify certain States from CAPTA funding based on the State's 
accommodation of the religion treatment in lieu of medical treatment.
  Mr. SMITH of Texas. Mr. Speaker, it is my further understanding that 
we have clarified that issue in the rule of construction before us.
  Mr. GOODLING. Yes, we have. After a very lengthy negotiation we have 
reached a compromise which will both protect children in need of 
medical intervention while ensuring that the first amendment rights of 
parents to practice their religion are not infringed upon. Under this 
bill, no parent or legal guardian is required to provide a child with 
medical service or treatment against their religious beliefs, nor is 
any State required to find, or prohibited from finding, abuse or 
neglect cases where the parent or guardian relied solely or partially 
upon spiritual means rather than medical treatment in accordance with 
their religious beliefs.
  Mr. SMITH of Texas. Does the bill address States' authority to pursue 
any legal remedies necessary to provide medical care or treatment 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?

                              {time}  2045

  Mr. GOODLING. Yes, it does. In addition, the bill gives States sole 
discretion over case-by-case determinations relating to exercise of 
authority in this area. No State is foreclosed from considering 
parents' use of treatment by spiritual means. No State is required to 
prosecute parents in this area. But every State must have in place the 
authority to intervene to protect children in need.
  Let me also state that nothing under this bill should be interpreted 
as discouraging the reporting of suspected incidences of medical 
neglect to child protection services, where warranted.
  Mr. SMITH of Texas. Mr. Speaker, if the gentleman will continue to 
yield, I also see a new section has been added that requires the States 
to include in their State laws, as statutory grounds for termination of 
parental rights, conviction of parents for certain specified crimes 
against children.
  It also eliminates the Federal mandate that States must seek 
reunification of the convicted parent with surviving children. Given 
the crimes that have been specified, a murder or voluntary manslaughter 
and felonious assault, it appears what we are addressing is a parent 
who deliberately takes a life or seriously injuries his child.
  Mr. GOODLING. That is correct. This section is intended to give the 
States flexibility in this area by not requiring them to seek to 
reunify a parent convicted of a serious and violent crime against his 
child with that surviving child or other children. States may still 
seek to reunify the family, but will no longer be required to do so by 
Federal law.
  Second, the bill provides that these very serious crimes should be 
grounds in State law for the termination of parental rights. Any 
decision, however, to terminate parental rights even in these cases is 
entirely a State issue and remains so under the bill.
  Mr. SMITH of Texas. Would States be allowed to consider a parents' 
motive when deciding to terminate parental rights or seek reunification 
of this family, and could this include sincerely held religious beliefs 
of the parents?
  Mr. GOODLING. Absolutely. Since this is entirely a matter of State 
law, States are free to consider whatever mitigating circumstances they 
wish.
  Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman for yielding, 
and for his help.
  Mr. GOODLING. I want to thank the staff on both sides, Mr. Speaker, 
and the gentleman from Michigan [Mr. Kildee], the ranking member. This 
is just another indication, one more of those

[[Page H11153]]

bipartisan bills that this committee has brought to the floor and acted 
upon expeditiously.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I appreciate the gentleman's remarks. I have always 
enjoyed working with him, and we are able to achieve a great deal of 
bipartisan work because of our respect for one another. I think more of 
that would be helpful to the whole House.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of the Child Abuse Prevention and Treatment Act. This measure will 
authorize $100 million in fiscal year 1997 for child abuse prevention 
and treatment programs.
  The bulk of this money will support the State grant program which 
provides child protective services where they are most effective--at 
the State level. This grant program helps States screen and investigate 
reports of child abuse or neglect; provide case management and deliver 
service to children and their families; improve risk and safety 
assessment tools and expand training for service providers and those 
required to report suspected cases of child abuse.
  Our children are our most precious resource and we must take steps to 
root out and eliminate abuse and maltreatment. This bill is a move in 
that direction. I urge all my colleagues to support these amendments 
and pass this bill.
  Mr. UNDERWOOD. Mr. Speaker, I rise today to join my colleagues in 
supporting the passage of S. 919, the Child Abuse Prevention and 
Treatment Act Amendments. Child protection is our collective 
responsibility and the Congressional approval today reinforces our 
commitment to help our Nation's most vulnerable children and families.
  The number of children reported abused and neglected has tripled 
since 1981. As more and more families encounter pressures, the 
caseloads at the child protection agencies increase. The steps we take 
today, in reauthorizing this program for another 5 years, will expand 
services to strengthen and support families in need.
  Guam is currently receiving about $177,000 in consolidated grants 
from the Department of Health and Human Services to assist our efforts 
to combat this problem. Our local child protective agencies have 
flexibility in designing child protective services, investigations of 
child abuse and neglect, improvements in risk and safety assessments, 
and the training of service providers.
  The bill will allow Guam the opportunity to apply for family resource 
grants and adoption opportunities grants authorized in this 
legislation. We can be more effective if we consolidate a number of 
broad-based networks of child abuse and prevention programs, family 
support programs, foster care and adoption initiatives. This bill 
expands the current program and facilitates the collaboration necessary 
to maximize resources.
  Our children are our most important resources. We need to guarantee 
them a safe haven when threatened or harmed. We need to reassure 
children at risk that their safety net is strong and viable. And we 
need to reduce the incidence of child abuse and neglect. The bill 
passed by the Congress today moves us in the right direction.
  Mr. CUNNINGHAM. Mr. Speaker, I rise today in support of S. 919, the 
Child Abuse Prevention and Treatment Act Amendments, better known as 
CAPTA.


               bicameral, bipartisan support for reforms

  This Congress has already adopted CAPTA reforms several times, as 
part of welfare reform legislation. However, for technical reasons, 
CAPTA reforms were deleted from the welfare reform package enacted by 
Congress and signed into law by the President. Thus, the Senate adopted 
S. 919. We take it up today, having negotiated additional improvements 
with both parties and both Houses of Congress.


             the need for better child protective services

  Since 1974, CAPTA has provided States a framework to follow with 
respect to child protective services. Unfortunately, child abuse 
continues to increase. The latest studies show reports of child abuse 
and neglect have doubled in the United States, from 1.4 million cases 
in 1986 to 2.8 million in 1993.
  This is nothing less than a national tragedy. We can and must take 
action. We do, through this bill. Let me identify just a few 
improvements we are making in CAPTA to fight the epidemic of child 
abuse and neglect.
  We are providing expanded adoption opportunities for babies who have 
been abandoned. This follows our previous work in this Congress to 
expand the adoption tax credit.
  We are providing greater protection so that children will not be put 
back into homes where parents have been convicted of terrible acts 
against their own children.
  We are providing new and expanded roles for private citizens in the 
area of child abuse and neglect.
  In an area we heard a great deal about in my subcommittee hearings, 
this bill ensures that persons who maliciously file reports of abuse 
will no longer be protected by CAPTA's immunity for reporting. Under 
our bill, only goodfaith reports will be protected.
  And we are simplifying the administration of the CAPTA program at the 
State and local levels.
  There is much, much more in this bill that is in the best interests 
of America's children. Every American must take a stand that child 
abuse is wrong. We must stop this plague of child abuse on our land. 
Our bipartisan CAPTA reforms cannot stop child abuse; they give help to 
those people who can.
  I thank Chairman Goodling for his outstanding leadership on this 
issue. I urge my colleagues to support S. 919 as amended, and I yield 
back the balance of my time.
  Mr. KILDEE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. GOODLING. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Dickey). The question is on the motion 
offered by the gentleman from Pennsylvania [Mr. Goodling] that the 
House suspend the rules and pass the Senate bill, S. 919, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

                          ____________________