[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.
____________________