[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Pages S11573-S11582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1996

  Mr. NICKLES. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on (S. 919) to modify and 
reauthorize the Child Abuse Prevention and Treatment Act, and for other 
purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 919) entitled 
     ``An Act to modify and reauthorize the Child Abuse Prevention 
     and Treatment Act, and for other purposes'', do pass with the 
     following amendment:
       Strike out all after the enacting clause, and insert:

     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.

[[Page S11574]]

                   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.

     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)--

[[Page S11575]]

       (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 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;

[[Page S11576]]

       ``(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;
       ``(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.

[[Page S11577]]

       ``(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
       ``(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

[[Page S11578]]

     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;
       ``(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.

[[Page S11579]]

     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 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

[[Page S11580]]

     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;
       ``(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.''.

[[Page S11581]]

     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:
       ``(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''.

  Mr. COATS. Mr. President, child abuse is a critical issue facing our 
Nation. Each year, close to one million children are abused or 
neglected and as a result, in need of assistance and out of home care.
  While these numbers are staggering, we should also be concerned by 
the nearly 2 million false or unsubstantiated reports of child abuse 
and neglect that are filed wrongfully and in some cases maliciously. 
What this means is that case workers, who are already over worked, are 
conducting 2 million investigations at some level, possibly resulting 
in inappropriate interventions--including removal of the children from 
their homes.
  Members of the Labor Committee may recall the testimony of Jim Wade 
who spoke of his 3-year ordeal, in which his daughter was wrongfully 
removed from his home. I have received many such reports and 
complaints, and while we should be mindful not to legislate by 
anecdote, these stories involve real people and are chilling.
  I am also reminded of the tragic case of Elisa Izquierdo of Brooklyn, 
the 6-year-old girl brutally murdered by her mother on the day before 
Thanksgiving this past year. Elisa was well known to the overburdened 
case workers who were assigned to monitor her, however it appears that 
they simply did not have enough time to keep a close watch on Elisa, 
nor maybe enough training to realize the tremendous seriousness of her 
situation.
  Each of us unfortunately, can share similar stories from our States 
and communities. Each of us can point to a child whose life ended far 
too early, and then tragically--at the hands of a loved one.
  The legislation that the Senate will shortly vote on, S. 919, will 
not solve the epidemic of child abuse and neglect. That solution rests 
with families and communities. But it will better enable caseworkers to 
do their jobs and protect children who are in serious jeopardy. By 
focusing on better training and the use of risk assessment procedures 
S. 919 will help to improve the safety of children and will in 
significant and positive ways, improve the way we respond to an 
investigate reports of child abuse and neglect.
  First, in order to protect individuals from false reports S. 919 
eliminates current law's blanket immunity from prosecution for persons 
making knowingly false allegations of child abuse or neglect. On good 
faith reports will be protected by immunity.
  Second, in order to ensure citizen participation and public 
accountability of State and local child protection agencies, we have 
required each State receiving funds under this act to establish citizen 
review panels to evaluate the extent to which child protection agencies 
are effectively discharging their child protection responsibilities and 
to review the facts surrounding local child fatalities or near 
fatalities resulting from abuse or neglect.

  Third, S. 919 protects children at risk of abuse by eliminating the 
requirement that States seek to preserve families and reunify children 
with parents who abuse or neglect them. States would no longer have to 
pursue reunification with surviving children where a parent was 
convicted of murder, voluntary manslaughter or felony homicide of 
another child.
  Additionally, States would be required to include murder, voluntary 
manslaughter, and felony assault as a statutory ground for termination 
of parental rights. The decision to pursue termination or to seek 
reunification in these cases would be determined by the State on a 
case-by-case basis.
  Finally, S. 919 includes a new provision requiring States to have 
procedures for expedited termination of parental rights in cases 
involving abandoned infants.
  These changes in the law have been sorely needed and will result in a 
more cohesive child protection system, with an enhanced ability to 
respond to the very serious problems of abuse and neglect.
  One of the other important sections of CAPTA is its research 
component. S. 919 streamlines and better targets limited research 
dollars into areas with the most promise, in terms of responding to 
child abuse. Additionally, we have revised CAPTA's research 
demonstration program to focus on innovative and effective new 
approaches in the area of child protection. Kinship care is such an 
approach. S. 919 authorizes the Department of Health and Human Services 
to conduct a 10-State demonstration of kinship care programs and to 
report back with recommendations concerning its possible expansion. 
Kinship care has been shown in several States to be a very effective 
and compassionate alternative to foster care.

  Similar programs in other States have been less successful. The 
kinship care demonstration will enable us to ascertain where this 
program works and why and what we need to do to avoid any possible 
negative consequences.
  Finally, we have clarified the definition of child abuse or neglect 
to include at a minimum, acts which result in death or serious physical 
or emotional harm or which present an imminent risk of serious harm. 
This definition provides additional guidance to States and should 
assist them as they endeavor to protect children from abuse and 
neglect.
  S. 919 also reauthorizes several other important programs: The 
community and family resource grants which significantly consolidates 
the community based prevention grant, respite care program, and family 
resource programs into one cohesive network; reauthorizes The Family 
Violence Prevention and Services Act which provides assistance to 
States to help victims of domestic violence; reauthorizes The Adoption 
Opportunities Act which supports aggressive efforts to strengthen the 
capacity of States to find permanent homes for children with special 
needs; The Abandoned Infants Assistance Act which provides for the 
needs of children who are abandoned, especially those with aids; The 
Children's Justice Act; The Missing Children's Assistance Act and 
section 214 of the Victims of Child Abuse Act.
  Mr. President, as we are moving toward passage of this legislation I 
wanted to take the time to thank several colleagues for their tireless 
efforts: Senator Kassebaum, Senator Dodd, and Senator Kennedy. We have 
worked together over the last year and a half in a truly bi-partisan 
fashion and I think we have produced a very good product. I would also 
like to acknowledge the significant contributions of 

[[Page S11582]]

their staffs, Kimberly Barnes-O'Connor and Rebecca Jones with Senator 
Kassebaum, Michael Iskowitz and Jeffrey Teitz with Senator Kennedy, 
Jane Lowenson and Brook Byers-Goldman with Senator Dodd, and Stephanie 
Monroe and Townsend Lange of my staff. Thank you all for the hard work 
you have done on this legislation.

  Mr. President, at this time I would like to ask unanimous consent 
that a colloquy between myself and Senator Dodd on the issue of medical 
neglect be inserted into the Record as if read.
  Mr. DODD. Mr. President, I rise in support of the Child Abuse 
Prevention and Treatment Act of 1996. I am very pleased that this has 
been a bipartisan effort. This bill comes at a very critical time. Just 
last week the results of the National Incidence Study conducted by the 
National Center on Child Abuse and Neglect showed an alarming increase 
in the incidence of child abuse and neglect. Since 1986 the number of 
abused and neglected children has almost doubled. Physical abuse has 
nearly doubled and sexual abuse has more than doubled. Additionally the 
study indicates that children from families with incomes below $15,000 
are 22 times more likely to be victims of child abuse and neglect than 
are those children from families with incomes above $30,000.
  Mr. President, I am concerned that the welfare reform bill signed 
into law last month may lead to an increase in cases of child abuse and 
neglect. That legislation left no safety net for children whose parents 
had reached their 5-year limit on public assistance. I intend to watch 
this issue very closely.
  The good news is that today we are asking the Senate to consider, by 
unanimous consent, the reauthorization of the Child Abuse Prevention 
and Treatment Act, S. 919. First enacted in 1974, this legislation 
provides, among other things, Federal financial assistance for 
identifying, preventing, and treating child abuse and neglect. This 
bill affirms a clear Federal role in addressing prevention and 
treatment of child abuse. Further, it recognizes the importance of 
Federal leadership in funding research, training, technical assistance, 
and data collection to help aid the States to do their jobs better. It 
also continues support to States to improve child protective service 
systems.
  Finally, I am pleased that the bill reauthorizes and enhances the 
Family Resource and Support Center Program that I authored in 1990 and 
expanded in the Human Services Act in 1994. The Family Resource 
Services are essential to prevention and allow families to meet their 
needs to avoid problems that propel them into crisis down the road.
  I thank Senator Coats for all his hard work and cooperation on the 
reauthorization of this bill. I am very pleased that this has been a 
bipartisan effort.
  Mr. President, 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 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. COATS. That is correct. The two provisions you have described 
have caused problems for some States. The Department of Health and 
Human Services has moved to disqualify certain States from CAPTA 
funding based on the State's accommodation of the religious treatment 
in lieu of medical treatment.
  Mr. DODD. And it is my further understanding that we have clarified 
that issue in the Rule of Construction in the bill before us.
  Mr. COATS. 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. DODD. Does the bill address the State's 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?
  Mr. COATS. Yes it does. In addition, the bill gives States sole 
discretion over case-by-case determinations relating to the 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 in this bill should be interpreted as discouraging the 
reporting of suspected incidences of medical neglect to child 
protection services, where warranted.
  Mr. DODD. I also see that a new section has been added that requires 
the States to include in their State laws, as statutory grounds for the 
termination of parental rights, convictions of parents for certain 
specified crimes against children. It also eliminates a Federal mandate 
that States must seek reunification of the convicted parent with 
surviving children. Given the crimes that have been specified--murder, 
voluntary manslaughter, and felony assault--it appears that what we are 
addressing is a parent who deliberately takes the life or seriously 
injures his child.
  Mr. COATS. 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 this bill.
  Mr. DODD. Would States be allowed to consider a parent's motive when 
deciding to terminate parental rights or to seek reunification of that 
family? And could this include sincerely held religious beliefs of the 
parent?
  Mr. COATS. Yes. Since this is entirely a matter of State law, States 
are free to consider whatever mitigating circumstances they would like.
  Mr. DODD. Mr. President, it is my understanding that concerns have 
been raised regarding outreach services that grantees must make to 
various communities. It is my understanding that when grantees engage 
in outreach activities, they must ensure that they maximize the 
participation of racial and ethnic minorities and members of 
underserved or underrepresented groups. I just want to ascertain that 
this list envisions inclusion of immigrant communities.
  Mr. COATS. That is correct.
  Mr. NICKLES. I ask unanimous consent that the Senate concur to the 
amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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