[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.
____________________