[Congressional Record Volume 148, Number 46 (Tuesday, April 23, 2002)]
[House]
[Pages H1502-H1514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002
Mr. HOEKSTRA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3839) to reauthorize the Child Abuse Prevention and
Treatment Act, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3839
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Children and
Families Safe Act of 2002''.
TITLE I--CHILD ABUSE PREVENTION AND RELATED PROGRAMS
Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act
CHAPTER 1--GENERAL PROGRAM
SEC. 101. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
Section 102 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5102) is repealed.
SEC. 102. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
(a) Functions.--Section 103(b)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5104(b)(1)) is
amended by striking ``all programs, including private
programs, that show promise of success'' and inserting ``all
effective programs, including private programs, that show
promise of success and the potential for broad-scale
implementation and replication''.
(b) Coordination With Available Resources.--Section
103(c)(1) of such Act (42 U.S.C. 5104(c)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that describes
best practices being used throughout the Nation for making
appropriate referrals related to, and addressing, the
physical, developmental, and mental health needs of abused
and neglected children; and''.
SEC. 103. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) Research.--Section 104(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by redesignating paragraph (1)(D) as paragraph (2) (and
redesignating the corresponding items contained therein
accordingly) and moving such paragraph two ems to the left;
(3) in paragraph (1)--
(A) in the first sentence of the matter preceding
subparagraph (A), by inserting ``, including longitudinal
research,'' after ``interdisciplinary program of research'';
(B) in subparagraph (B), by inserting at the end before the
semicolon the following: ``, including the effects of abuse
and neglect on a child's development and the identification
of successful early intervention services or other services
that are needed'';
[[Page H1503]]
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and inserting
``judicial systems, including multidisciplinary, coordinated
decisionmaking procedures''; and
(ii) by striking ``and'' at the end; and
(D) by adding at the end the following:
``(D) the evaluation and dissemination of best practices
consistent with the goals of achieving improvements in the
child protective services systems of the States in accordance
with paragraphs (1) through (12) of section 106(a);
``(E) effective approaches to interagency collaboration
between the child protection system and the juvenile justice
system that improve the delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems;
``(F) an evaluation of the redundancies and gaps in the
services in the field of child abuse and neglect prevention
in order to make better use of resources; and
``(G) the information on the national incidence of child
abuse and neglect specified in subparagraphs (A) through (K)
of paragraph (2).'';
(4) in paragraph (2) (as redesignated)--
(A) by striking the matter preceding subparagraph (A) (as
redesignated) and inserting ``The Secretary shall conduct
research on the national incidence of child abuse and
neglect, including--'';
(B) in subparagraph (H) (as redesignated), by striking
``and'' at the end;
(C) by redesignating subparagraph (I) (as redesignated) as
subparagraph (J); and
(D) by inserting after subparagraph (H) the following:
``(I) the incidence and prevalence of child maltreatment by
reason of family structure, including the living arrangement
of the resident parent, family income, and family size;
and'';
(5) by inserting after paragraph (2) (as redesignated) the
following:
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2002, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report that contains the results
of the research conducted under paragraph (2).''; and
(6) in paragraph (4) (as redesignated), by amending
subparagraph (B) to read as follows:
``(B) The Secretary shall, every two years, provide
opportunity for public comment of such proposed priorities
and provide for an official record of such public comment.''.
(b) Provision of Technical Assistance.--Section 104(b) of
such Act (42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1), by inserting ``, including
replicating successful program models,'' after ``and carrying
out programs and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services to improve forensic
diagnosis and health evaluations, and barriers and shortages
to such linkages.''.
SEC. 104. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE
ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND
PROJECTS.
(a) Demonstration Programs and Projects.--Section 105(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing Federal, State, local, and
private funding to meet the health evaluation needs of
children who have been subjects of substantiated cases of
child abuse or neglect;
``(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time
of contact during the investigation through treatment; and
``(F) for the training of personnel regarding the legal
duties of such personnel.'';
(2) in paragraph (2)--
(A) by striking ``(such as Parents Anonymous)''; and
(B) by inserting ``that incorporate standards and
demonstrate effectiveness, and have a shared model of
leadership,'' after ``self-help programs''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``responding to reports'' and inserting
``addressing the prevention and treatment''; and
(II) by striking ``including'' and all that follows through
``triage system'' and inserting ``, including community-based
organizations, national entities, collaborative partnerships
between State child protective service agencies, statewide
child abuse prevention and treatment organizations, law
enforcement agencies, substance abuse treatment entities,
health care entities, domestic violence prevention entities,
mental health services entities, developmental disability
agencies, community social service agencies, family support
programs, schools, religious organizations, and other
entities to allow for the establishment of a triage system'';
and
(ii) in clause (iii), by striking ``child's safety is in
jeopardy'' and inserting ``child's safety and health are in
jeopardy''; and
(B) by adding at the end the following:
``(D) Linkages between child protective service agencies
and public health, mental health, and developmental
disabilities agencies.--The Secretary may award grants to
entities that provide linkages between State or local child
protective service agencies and public health, mental health,
and developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated.''.
(b) Discretionary Grants.--Section 105(b) of such Act (42
U.S.C. 5106(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Programs based within children's hospitals, or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''.
(c) Evaluation.--Section 105(c) of such Act (42 U.S.C.
5106(c)) is amended--
(1) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(2) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a demonstration
grant, the Secretary shall make available technical
assistance for the evaluation, where needed, to ensure a
rigorous application of scientific evaluation techniques.''.
SEC. 105. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case monitoring,''
after ``case management''; and
(B) by inserting ``and treatment'' after ``and delivery of
services'';
(2) in paragraph (4)--
(A) by striking ``automation'' and inserting ``management
information and technology''; and
(B) by adding at the end before the semicolon the
following: ``, including to support the ability of States to
collect information for the National Child Abuse and Neglect
Data System'';
(3) in paragraph (5), by adding at the end before the
semicolon the following: ``, including training regarding
best practices to promote collaboration with the families and
the legal duties of such individuals'';
(4) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively;
(5) by inserting after paragraph (5) the following:
``(6) improving the skills, qualifications, and
availability of individuals providing services to children
and families, and the supervisors of such individuals,
through the child protection system, including improvements
in the recruitment and retention of caseworkers;''
(6) by redesignating paragraphs (8) through (10) (as
redesignated) as paragraphs (9) through (11), respectively;
(7) by inserting after paragraph (7) the following:
``(8) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
(8) by striking ``or'' at the end of paragraph (10) (as
redesignated);
(9) by redesignating paragraph (11) (as redesignated) as
paragraph (12);
(10) by inserting after paragraph (10) the following:
``(11) promoting partnerships between public agencies and
community-based organizations to provide child abuse and
neglect prevention and treatment services, including linkages
with education systems and health care systems (including
mental health systems);'';
(11) by striking the period at the end of paragraph (12)
(as redesignated) and inserting a semicolon; and
(12) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity
[[Page H1504]]
of treatment plan and services as children transition between
systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to address the health needs of
children identified as abused or neglected, including
supporting prompt, comprehensive health and developmental
evaluations for children who are the subject of substantiated
child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) State plan.--Section 106(b)(1)(B) of such Act (42
U.S.C. 5106(b)(1)(B)) is amended--
(A) by striking ``provide notice to the Secretary of any
substantive changes'' and inserting the following: ``provide
notice to the Secretary of--
``(i) any substantive changes'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(ii) any significant changes to how funds provided under
this section are used to support the activities which may
differ from the activities as described in the current State
application.''.
(2) Coordination.--Section 106(b)(2)(A) of such Act (42
U.S.C. 5106a(b)(2)(A)) is amended--
(A) by redesignating clauses (ii) through (xiii) as clauses
(iii) through (xiv), respectively;
(B) by inserting after clause (i) the following:
``(ii) policies and procedures to address the needs of
infants born and identified with fetal alcohol effects, fetal
alcohol syndrome, neonatal intoxication or withdrawal
syndrome, or neonatal physical or neurological harm resulting
from prenatal drug exposure, including--
``(I) the requirement that health care providers involved
in the delivery or care of such infants notify the child
protective services system of the occurrence of such
condition in such infants, except that such notification
shall not be construed to create a definition under Federal
law of what constitutes child abuse and such notification
shall not be construed to require prosecution for any illegal
action; and
``(II) the development of a plan of safe care for the
infant under which consideration may be given to providing
the mother with health services (including mental health
services), social services, parenting services, and substance
abuse prevention and treatment counseling and to providing
the infant with referral to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need for
services provided under part C of such Act;'';
(C) by redesignating clauses (vi) through (xiv) (as
redesignated) as clauses (vii) through (xv), respectively;
(D) by inserting after clause (v) (as redesignated) the
following:
``(vi) provisions to require a State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from abuse and
neglect;'';
(E) in clause (vii)(II) (as redesignated), by striking ``,
having a need for such information'' and all that follows
through ``abuse and neglect'' and inserting ``as described in
clause (vi)'';
(F) in clause (xiii) (as redesignated), by striking ``to be
effective not later than 2 years after the date of the
enactment of this section'';
(G) in clause (xiv) (as redesignated)--
(i) in the matter preceding subclause (I), by striking ``to
be effective not later than 2 years after the date of the
enactment of this section''; and
(ii) in subclause (IV), by striking ``and'' at the end;
(H) in clause (xv) (as redesignated), by striking ``clause
(xii)'' each place it appears and inserting ``clause (xiv)'';
and
(I) by adding at the end the following:
``(xvi) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws
protecting the rights of the individual making the report of
the alleged child abuse or neglect;
``(xvii) provisions addressing the training of
representatives of the child protective services system
regarding their legal duties, which may consist of procedures
to inform such representatives of such duties, in order to
protect the legal rights of children and families from the
initial time of contact during the investigation through
treatment;
``(xviii) provisions and procedures for improving the
training, retention, and supervision of caseworkers; and
``(xix) provisions and procedures for referral of a child
under the age of 3 who is involved in a substantiated case of
child abuse or neglect to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need of
services provided under part C of such Act.''.
(3) Limitation.--Section 106(b)(3) of such Act (42 U.S.C.
5106a(b)(3)) is amended by striking ``With regard to clauses
(v) and (vi) of paragraph (2)(A)'' and inserting ``With
regard to clauses (vi) and (vii) of paragraph (2)(A)''.
(c) Citizen Review Panels; Reports.--Section 106(c) of such
Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``policies and
procedures'' and inserting ``policies, procedures, and
practices''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for public
outreach and comment in order to assess the impact of current
procedures and practices upon children and families in the
community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6), by inserting ``State and'' before
``public''.
(d) Annual State Data Reports.--Section 106(d) of such Act
(42 U.S.C. 5106a(d)) is amended by adding at the end the
following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).
``(14) The number of children under the care of the State
child protection system transferred into the custody of the
State juvenile justice system.''.
SEC. 106. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE
AND NEGLECT CASES.
Section 107(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are
victims of abuse or neglect.''.
SEC. 107. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
Section 108 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106d) is amended by adding at the end the
following:
``(d) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private agencies or organizations that receive assistance
under this title to ensure that children and families with
limited English proficiency who participate in programs under
this title are provided materials and services under such
programs in an appropriate language other than English.''.
SEC. 108. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106f) is amended by adding at the end the
following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample on the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of the
enactment of Keeping Children and Families Safe Act of 2002,
the Secretary shall submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate a report that contains the results of the study
conducted under paragraph (1).''.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is
amended to read as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2003 and such sums as may be necessary for each of the
fiscal years 2004 through 2007.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of such
Act (42 U.S.C. 5106h(a)(2)(B)) is amended by striking
``Secretary make'' and inserting ``Secretary shall make''.
CHAPTER 2--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
SEC. 111. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is
amended--
(1) by striking ``prevention-focused,''; and
(2) by inserting ``for the prevention of child abuse and
neglect'' after ``family resource and support programs''.
(b) Authority.--Section 201(b) of such Act (42 U.S.C.
5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``prevention-focused,''; and
(ii) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect'';
(B) in subparagraph (F), by striking ``and'' at the end;
and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and ethnic
minorities, and members of other underrepresented or
underserved groups;
``(H) provide referrals to early health and developmental
services; or
``(I) are accessible, effective, culturally appropriate,
developmentally appropriate, and built upon existing
strengths;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds'' after
``maximizing funding'';
[[Page H1505]]
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support program'' and
inserting ``family support programs for the prevention of
child abuse and neglect''.
SEC. 112. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``prevention-focused,'';
(ii) by striking ``family resource and support programs,''
and inserting ``family support programs for the prevention
of''; and
(iii) by striking ``prevention activities''; and
(B) in subparagraph (B), by inserting ``that exists to
strengthen and support families for purposes of preventing
child abuse and neglect and'' after ``written authority of
the State)'';
(2) in paragraph (2)(A)--
(A) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect''; and
(B) by adding at the end before the semicolon the
following: ``and parents with disabilities''; and
(3) in paragraph (3)--
(A) by striking ``prevention-focused,'' each place it
appears;
(B) by striking ``family resource and support programs''
each place it appears and inserting ``family support programs
for the prevention of child abuse and neglect'';
(C) in subparagraph (C), by striking ``and technical
assistance,'' and inserting ``, technical assistance, and
evaluation assistance''; and
(D) in subparagraph (D), by inserting ``, parents with
disabilities,'' after ``children with disabilities''.
SEC. 113. AMOUNT OF GRANT.
Section 203(b)(1)(B) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116b(b)(1)(B)) is amended--
(1) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated''; and
(2) by striking ``the lead agency'' and inserting ``the
current lead agency''.
SEC. 114. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5115c) is repealed.
SEC. 115. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended--
(1) in paragraphs (1), (2), (4), (8), and (9)--
(A) by striking ``prevention-focused,'' each place it
appears; and
(B) by striking ``family resource and support programs''
each place it appears and inserting ``family support programs
for the prevention of child abuse and neglect'';
(2) in paragraph (2), by striking ``family resource and
support services'' and inserting ``family support services'';
(3) in paragraph (3)--
(A) by striking ``an assurance that an inventory of'' and
inserting ``a description of the inventory of current unmet
needs,'';
(B) by striking ``family resource programs'' and inserting
``family support programs'';
(C) by striking ``, respite care, child abuse and neglect
prevention activities,'' and inserting ``for the prevention
of child abuse and neglect, including respite care''; and
(D) by striking ``, will be provided'';
(4) in paragraph (5)--
(A) by inserting ``start-up, maintenance, expansion, and
redesigning'' after ``other State and local public funds
designated for'';
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect'';
(5) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``child abuse and neglect prevention
programs that are community-based, including family support
programs''; and
(6) in paragraph (11)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support program
services'' and inserting ``family support program services
for the prevention of child abuse and neglect''.
SEC. 116. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``, network,'' after ``expand'';
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect'';
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by striking
``family resource and support services'' and inserting
``family support services for the prevention of child abuse
and neglect'';
(B) in clause (iii), by striking ``and'' at the end; and
(C) by adding at the end the following:
``(v) respite care;
``(vi) home visiting; and
``(vii) family support services;''; and
(3) in paragraph (6)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support program'' and
inserting ``family support programs for the prevention of
child abuse and neglect''.
SEC. 117. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116f) is amended--
(1) in paragraph (1)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect'';
(2) in paragraph (2), by striking ``, including'' and all
that follows through ``section 202'' and inserting ``, such
as the services described in section 206(a)(3)(A)'';
(3) in paragraph (3), by striking ``of new respite care and
other specific new family resources services, and the
expansion of existing services,'' and inserting ``and the
maintenance, enhancement, or expansion of existing services
such as those described in section 206(a)(3)(A),''; and
(4) in paragraph (4)--
(A) by inserting ``and parents with disabilities,'' after
``children with disabilities,'';
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this title'' and
inserting ``evaluation of community-based child abuse and
neglect prevention programs''; and
(5) in paragraphs (5), (6), and (8)--
(A) by striking ``prevention-focused,'' each place it
appears; and
(B) by striking ``family resource and support programs''
each place it appears and inserting ``family support programs
for the prevention of child abuse and neglect''.
SEC. 118. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116g(3)) is amended--
(1) by striking ``prevention-focused,''; and
(2) by striking ``family resource and support programs''
and inserting ``family support programs for the prevention of
child abuse and neglect''.
SEC. 119. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1))
is amended by striking ``given such term in section
602(a)(2)'' and inserting ``given the term `child with a
disability' in section 602(3)''.
(b) Family Resource and Support Program.--Section 209(3) of
such Act (42 U.S.C. 5116h(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``, prevention-focused'';
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``core
services'' and inserting ``core child abuse and neglect
prevention services'';
(B) in clause (i)--
(i) by striking ``, together with services'';
(ii) by striking ``equality and respect, and'' and
inserting ``equality and respect that are''; and
(iii) by inserting at the end before the semicolon the
following: ``in order to prevent child abuse and neglect'';
and
(C) in clause (ii), by striking ``to one another'' and
inserting ``for support of one another''; and
(3) in subparagraph (C)(iii), by striking ``scholastic''
and inserting ``academic''.
SEC. 120. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2003 and such sums as may
be necessary for each of the fiscal years 2004 through
2007.''.
CHAPTER 3--TECHNICAL AND CONFORMING AMENDMENTS; REDESIGNATIONS
SEC. 121. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Findings.--Section 2(3)(D) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended
by striking ``ensures properly trained and support staff with
specialized knowledge,'' and inserting ``ensures staff have
proper training and specialized knowledge''.
(b) Title I.--Title I of such Act (42 U.S.C. 5101 et seq.)
is amended as follows:
(1) In section 104(d)(1), by striking ``federal agencies''
and inserting ``Federal agencies''.
(2) In section 105(b), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting
``subsection (a)''.
(3) In section 106(b)(2)--
(A) in subparagraph (A), by striking ``Statewide program''
and inserting ``statewide program''; and
(B) in subparagraph (B)(iii), by striking ``life
threatening'' and inserting ``life-threatening''.
(4) In section 107(e)(1)(B), by striking ``improve the
rate'' and all that follows through ``child sexual abuse
cases'' and inserting the following: ``improve the prompt and
successful resolution of civil and criminal court proceedings
or enhance the effectiveness of judicial and administrative
action in child abuse and neglect cases, particularly child
sexual abuse and exploitation cases, including the
enhancement of performance of court-appointed attorneys and
guardians ad litem for children''.
[[Page H1506]]
(5) By redesignating sections 103 through 113 as sections
102 through 112, respectively.
(c) Title II.--Title II of such Act (42 U.S.C. 5116 et
seq.) is amended as follows:
(1) In paragraphs (1) and (4) of section 201(b), paragraphs
(1)(A), (3)(A), (3)(B), and (3)(C) of section 202, paragraphs
(1) and (5) of section 205, section 206(a)(6), paragraphs (1)
and (6) of section 207, and section 208(3), by striking
``Statewide'' each place it appears and inserting
``statewide''.
(2) In section 205, by redesignating paragraph (13) as
paragraph (12).
(3) In section 207(8), by striking ``community based'' and
inserting ``community-based''.
(4) By redesignating sections 205 through 210 as sections
204 through 209, respectively.
SEC. 122. REDESIGNATIONS.
(a) Redesignations.--
(1) Title i.--(A) Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by striking
the heading for such title and inserting the following:
``Subtitle A--General Program''.
(B) Sections 101 through 112 of such Act (as redesignated)
are further redesignated as sections 111 through 122,
respectively.
(2) Title ii.--(A) Title II of such Act is amended by
striking the heading for such title and inserting the
following:
``Subtitle B--Community-Based Family Support Grants for the Prevention
of Child Abuse and Neglect''.
(B) Sections 201 through 209 of such Act (as redesignated)
are further redesignated as sections 131 through 139,
respectively.
(b) Conforming Amendments.--
(1) Title heading.--The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by
inserting before section 1 the following:
``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT''.
(2) Short title; table of contents; findings.--(A) Section
1 of such Act (42 U.S.C. 5101 note) is amended to read as
follows:
``SEC. 101. SHORT TITLE.
``This title may be cited as the `Child Abuse Prevention
and Treatment Act'.''.
(B) Section 2 of such Act (42 U.S.C. 5101 note) is
redesignated as section 102.
(3) Subtitle a.--Subtitle A of title I of such Act (as
redesignated by subsection (a)(1)) is amended as follows:
(A) In section 111(b) (as redesignated), by striking ``this
Act'' and inserting ``this title'' in the first sentence.
(B) In section 112(c)(1)(E) (as redesignated), by striking
``section 105(a)'' and inserting ``section 113(a)''.
(C) In section 113(b)(2)(C) (as redesignated), by striking
``titles I and II'' and inserting ``this subtitle and
subtitle B''.
(D) In section 115(b)(2)(A)(vii) (as redesignated), by
striking ``Act'' and inserting ``title''.
(E) In section 116(b)(1) (as redesignated), by striking
``section 107(b)'' and inserting ``section 115(b)''.
(F) In section 117 (as redesignated), by striking ``this
Act'' each place it appears and inserting ``this title''.
(G) In section 118 (as redesignated), by striking ``this
Act'' and inserting ``this title''.
(H) In section 119(b) (as redesignated), by striking
``section 107'' and inserting ``section 116''.
(I) In section 120 (as redesignated), by striking ``this
title'' and inserting ``this subtitle''.
(J) In section 121 (as redesignated)--
(i) by striking ``this title'' each place it appears and
inserting ``this subtitle''; and
(ii) in subsection (a)(2)(B), by striking ``section 106''
and inserting ``section 115''.
(K) In section 122(a) (as redesignated), by striking ``this
Act'' and inserting ``this title''.
(4) Subtitle b.--Subtitle B of title I of such Act (as
redesignated by subsection (a)(2)) is amended as follows:
(A) In section 131 (as redesignated)--
(i) by striking ``this title'' each place it appears and
inserting ``this subtitle''; and
(ii) in subsection (b)--
(I) in the matter preceding paragraph (1), by striking
``section 202(1)'' and inserting ``section 132(1)''; and
(II) in paragraph (3), by striking ``section 205(a)(3)''
and inserting ``section 134(a)(3)''.
(B) In section 132 (as redesignated)--
(i) by striking ``this title'' each place it appears and
inserting ``this subtitle''; and
(ii) in paragraph (1)(D) by striking ``such title'' and
inserting ``such subtitle''.
(C) In section 133 (as redesignated), by striking ``section
210'' each place it appears and inserting ``section 139''.
(D) In section 134 (as redesignated)--
(i) by striking ``this title'' each place it appears and
inserting ``this subtitle'';
(ii) by striking ``section 202'' each place it appears and
inserting ``section 132''; and
(iii) in paragraph (2), by striking ``this Act'' and
inserting ``this title''.
(E) In section 135 (as redesignated), by striking ``this
title'' each place it appears and inserting ``this
subtitle''.
(F) In section 136 (as redesignated)--
(i) by striking ``this title'' each place it appears and
inserting ``this subtitle'';
(ii) in paragraph (2), by striking ``section 206(a)(3)(A)''
and inserting ``section 135(a)(3)(A)''; and
(iii) in paragraph (3)--
(I) by striking ``section 206(a)(3)(A)'' and inserting
``section 135(a)(3)(A)''; and
(II) by striking ``section 205(3)'' and inserting ``section
134(3)''.
(G) In section 139 (as redesignated), by striking ``this
title'' and inserting ``this subtitle''.
Subtitle B--Amendments to Other Child Abuse Prevention and Related
Programs
CHAPTER 1--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT
OF 1978
SEC. 131. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201(a) of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5111(a)) is
amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by striking ``increasingly''; and
(B) by striking ``which'' and inserting ``that'';
(3) by amending paragraph (3) to read as follows:
``(3) many such children have special needs because they
are born to mothers who did not receive prenatal care, are
born with life-threatening conditions or disabilities, are
born addicted to alcohol and other drugs, or have been
exposed to infection with the etiologic agent for the human
immunodeficiency virus;'';
(4) in paragraph (4)--
(A) by striking ``the welfare of'' and inserting ``each
year,''; and
(B) by striking ``in institutions and foster homes and
disabled infants with life-threatening conditions may be in
serious jeopardy and some such children'';
(5) in paragraph (5), by striking ``thousands of'';
(6) by striking paragraph (6);
(7) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``40,000'';
(ii) by inserting ``of all races and ages'' after
``children''; and
(iii) by adding ``and'' at the end;
(B) in subparagraph (B), by striking ``and'' at the end;
and
(C) by striking subparagraph (C); and
(8) by redesignating paragraphs (2), (3), (4), (5), (7),
(8), (9), and (10) as paragraphs (1) through (8),
respectively.
SEC. 132. 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) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(3) in subsection (b), by inserting ``Required
Activities.--'' after ``(b)'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and inserting the
following:
``(c) Services for Families Adopting Special Needs
Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by moving subparagraphs (A) through (G) 2 ems to the
right;
(ii) in subparagraph (F), by striking ``and'' at the end;
(iii) in subparagraph (G), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(5) in subsection (d)--
(A) in paragraph (1), by striking ``component which'' and
inserting ``component that'';
(B) by striking ``(d)(1) The Secretary'' and inserting the
following:
``(d) Improving Placement Rate of Children in Foster
Care.--
``(1) In general.--The Secretary'';
(C) by striking ``(2)(A) Each State'' and inserting the
following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(D) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Technical and other assistance.--The Secretary'';
(E) in paragraph (2)(B), by moving clauses (i) and (ii) 4
ems to the right;
(F) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(G) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''.
SEC. 133. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL
ADOPTION.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to
read as follows:
``SEC. 204. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL
ADOPTION.
``The Secretary shall conduct research (directly or by
grant to, or contract with, public or private nonprofit
research agencies or organizations) about adoption outcomes
and the factors affecting those outcomes. The Secretary shall
submit a report containing the results of such research to
the appropriate committees of the Congress not later than the
date that is 36 months after the date of the enactment of the
Keeping Children and Families Safe Act of 2002.''.
[[Page H1507]]
SEC. 134. 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) by striking the section heading and inserting the
following:
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.'';
(2) by striking ``Sec. 205.'';
(3) by amending subsection (a) to read as follows:
``(a) In General.--There are authorized to be appropriated
$40,000,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 through 2007 to carry out
programs and activities authorized under this subtitle.'';
and
(4) in subsection (b), by inserting ``Availability.--''
after ``(b)''.
SEC. 135. TRANSFER AND REDESIGNATIONS; CONFORMING AMENDMENTS.
(a) In General.--Title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et
seq.)--
(1) is amended by striking the title heading;
(2) is transferred to the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended by
subtitle A of this title; and
(3) is redesignated as subtitle A of title II of such Act.
(b) Conforming Amendments.--
(1) Title and subtitle headings; short title.--The Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.),
as amended, is further amended--
(A) by redesignating section 201 as section 202; and
(B) by inserting after title I of such Act the following:
``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
``Subtitle A--Adoption Opportunities
``SEC. 201. SHORT TITLE.
``This subtitle may be cited as the `Adoption Opportunities
Act of 2002'.''.
(2) Title references.--Subtitle A of title II of such Act
is amended by striking ``this title'' each place such term
appears and inserting ``this subtitle''.
CHAPTER 2--ABANDONED INFANTS ASSISTANCE ACT OF 1988
SEC. 141. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and inserting
``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly
known as `HIV'), those who have acquired immune deficiency
syndrome (commonly know as `AIDS'), and those who have been
exposed to dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8), by inserting ``by parents abusing
drugs,'' after ``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive
services'' and all that follows through the semicolon at the
end and inserting ``comprehensive support services for such
infants and young children and their families and services to
prevent the abandonment of such infants and young children,
including foster care services, case management services,
family support services, respite and crisis intervention
services, counseling services, and group residential home
services; and'';
(7) by striking paragraph (10);
(8) by amending paragraph (11) to read as follows:
``(11) Private, Federal, State, and local resources should
be coordinated to establish and maintain such services and to
ensure the optimal use of all such resources.''; and
(9) by redesignating paragraphs (2), (3), (4), (5), (8),
(9), and (11) as paragraphs (1) through (7), respectively.
SEC. 142. ESTABLISHMENT OF LOCAL PROGRAMS.
Section 101 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND
(2) by amending subsection (b) to read as follows:
``(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant
for the grant agrees to give priority to abandoned infants
and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-
threatening illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 143. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit
private entities, provide for evaluations of projects carried
out under section 101 and for the dissemination of
information developed as a result of such projects.
``(b) Study and Report on Number of Abandoned Infants and
Young Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found dead in the United
States and the number of such infants and young children who
are infants and young children described in section 223(b);
``(B) an estimate of the annual number of infants and young
children who are victims of homicide;
``(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments in
providing housing and care for abandoned infants and young
children.
``(2) Deadline.--Not later than 36 months after the date of
the enactment of the Keeping Children and Families Safe Act
of 2002, the Secretary shall complete the study required
under paragraph (1) and submit to the Congress a report
describing the findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report
on effective methods of intervening before the abandonment of
an infant or young child so as to prevent such abandonments,
and effective methods for responding to the needs of
abandoned infants and young children.''.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated $45,000,000
for fiscal year 2003 and such sums as may be necessary for
fiscal years 2004 through 2007.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriate under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--'' after ``(1)''; and
(ii) by striking ``this title'' and inserting ``this
subtitle''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after ``(2)''; and
(ii) by striking ``fiscal year 1991.'' and inserting
``fiscal year 2002.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 145. OTHER TECHNICAL AND CONFORMING AMENDMENTS; TRANSFER
AND REDESIGNATIONS.
(a) Technical Amendments.--
(1) Striking titles; consolidating definitions.--The
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)
is amended--
(A) by striking the title heading for title I;
(B) by striking titles II and III; and
(C) by amending section 103 to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this subtitle:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and
young children are medically cleared for discharge from
acute-care hospital settings, but remain hospitalized because
of a lack of appropriate out-of-hospital placement
alternatives.
``(2) The term `acquired immune deficiency syndrome'
includes infection with the etiologic agent for such
syndrome, any condition indicating that an individual is
infected with such etiologic agent, and any condition arising
from such etiologic agent.
``(3) The term `dangerous drug' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
``(4) The term `natural family' shall be broadly
interpreted to include natural parents, grandparents, family
members, guardians, children residing in the household, and
individuals residing in the household on a continuing basis
who are in a care-giving situation with respect to infants
and young children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health
and Human Services.''.
(2) Establishment of local programs.--Section 101(d) of the
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)
is amended--
(A) in paragraph (1)--
(i) by striking ``(1) The Secretary'' and inserting ``(1)
In general.--The Secretary''; and
(ii) in subparagraph (D), by striking ``during the majority
of the 180-day period preceding the date of the enactment of
this Act,'' and inserting ``during the majority of the 180-
day period preceding the date of the enactment of the Keeping
Children and Families Safe Act of 2002,''; and
[[Page H1508]]
(B) in paragraph (2), by striking ``(2) Subject'' and
inserting ``(2) Duration of grants.--Subject''.
(b) Transfer and Redesignations.--
(1) In general.--The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note)--
(A) is amended by striking section 1;
(B) is transferred to the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended; and
(C) is redesignated as subtitle B of title II of such Act.
(2) Conforming amendments.--
(A) Subtitle heading; short title.--Title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.)
is amended by inserting after subtitle A of such title the
following:
``Subtitle B--Abandoned Infants Assistance
``SEC. 221. SHORT TITLE.
``This subtitle may be cited as the `Abandoned Infants
Assistance Act of 2002'.''.
(B) Redesignations.--Subtitle B of title II of such Act is
amended by redesignating sections 2, 101, 102, 103, and 104
as sections 222 through 226, respectively.
(C) Domestic volunteer service.--Section 421(7) of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is
amended by striking ``section 103 of the Abandoned Infants
Assistance Act of 1988 (Public Law 100-505; 42 U.S.C. 670
note);'' and inserting ``section 225(1) of the Abandoned
Infants Assistance Act of 2002;''.
Subtitle C--Technical and Conforming Amendments
SEC. 151. SHORT TITLE; TABLE OF CONTENTS.
The Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.), as amended by subtitles A and B, is further
amended by inserting before title I the following:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Keeping
Children and Families Safe Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
``Sec. 101. Short title.
``Sec. 102. Findings.
``Subtitle A--General Program
``Sec. 111. Office on Child Abuse and Neglect.
``Sec. 112. National clearinghouse for information relating to child
abuse.
``Sec. 113. Research and assistance activities.
``Sec. 114. Grants to public agencies and nonprofit private
organizations for demonstration programs and projects.
``Sec. 115. Grants to States for child abuse and neglect prevention and
treatment programs.
``Sec. 116. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
``Sec. 117. Miscellaneous requirements relating to assistance.
``Sec. 118. Coordination of child abuse and neglect programs.
``Sec. 119. Reports.
``Sec. 120. Definitions.
``Sec. 121. Authorization of appropriations.
``Sec. 122. Rule of construction.
``Subtitle B--Community-Based Family Support Grants for the Prevention
of Child Abuse and Neglect
``Sec. 131. Purpose and authority.
``Sec. 132. Eligibility.
``Sec. 133. Amount of grant.
``Sec. 134. Application.
``Sec. 135. Local program requirements.
``Sec. 136. Performance measures.
``Sec. 137. National network for community-based family resource
programs.
``Sec. 138. Definitions.
``Sec. 139. Authorization of appropriations.
``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
``Subtitle A--Adoption Opportunities
``Sec. 201. Short title.
``Sec. 202. Congressional findings and declaration of purpose.
``Sec. 203. Information and services.
``Sec. 204. Study and report on dynamics of successful adoption.
``Sec. 205. Authorization of appropriations.
``Subtitle B--Abandoned Infants Assistance
``Sec. 221. Short title.
``Sec. 222. Findings.
``Sec. 223. Establishment of local programs.
``Sec. 224. Evaluations, study, and reports by secretary.
``Sec. 225. Definitions.
``Sec. 226. Authorization of appropriations.''.
TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 201. STATE DEMONSTRATION GRANTS AUTHORIZED.
Section 303(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10402(a)) is amended by adding at the
end the following:
``(5) Upon completion of activities funded by a grant under
this subpart, the State grantee shall file with the Secretary
a report that contains a description of the activities
carried out under paragraph (2)(B)(i).''.
SEC. 202. EVALUATION.
Section 306 of the Family Violence Prevention and Services
Act (42 U.S.C. 10405) is amended in the first sentence by
striking ``Not later than two years after the date on which
funds are obligated under section 303(a) for the first time
after the date of the enactment of this title, and every two
years thereafter,'' and inserting ``Every two years''.
SEC. 203. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) is amended by striking subsection (g).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(a)) is
amended to read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this title $175,000,000 for each of the fiscal
years 2003 through 2007.''.
(b) Grants for State Domestic Violence Coalitions.--Section
311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as
follows:
``(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations under section 310(a) for a
fiscal year, not less than 10 percent of such amount shall be
made available to award grants under this section.''.
SEC. 205. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410) is amended by striking subsection (h).
SEC. 206. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence
Prevention and Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the Secretary a
report that evaluates the effectiveness of the use of amounts
received under the grant for the period described in
paragraph (1) and contains any other information as the
Secretary may prescribe; and
``(B) the report and other appropriate criteria indicate
that the entity is successfully operating the hotline in
accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of
such Act (42 U.S.C. 10416(f)) is amended in paragraph (1) by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2003 through 2007''.
SEC. 207. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence
Prevention and Services Act (42 U.S.C. 10418(h)) is amended
to read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$6,000,000 for each of the fiscal years 2003 through 2007.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418)
is amended by striking subsection (i).
SEC. 208. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and
Services Act (42 U.S.C. 10419(f)) is amended by striking
``fiscal year 2001'' and inserting ``each of the fiscal years
2003 through 2007''.
SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended as follows:
(1) In section 302(1) by striking ``demonstrate the
effectiveness of assisting'' and inserting ``assist''.
(2) In section 303(a) is amended--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State domestic
violence coalitions knowledgeable individuals and interested
organizations'' and inserting ``State domestic violence
coalitions, knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and'' at the end; and
(B) by moving the margin of paragraph (4) two ems to the
left.
(3) In section 305(b)(2)(A) by striking ``provide for
research, and into'' and inserting ``provide for research
into''.
(4) In section 311(a)--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other criminal
justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``family law judges,,'' and inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``, criminal court
judges,'' after ``family law judges''; and
(iii) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their children''
and inserting ``supervised visitations or denial of
visitation to protect against danger to victims or their
children''.
(5) In section 313(1) by striking ``on the individual
develop data''.
(6) In section 315(b)(3)(A) by striking ``and'' at the end.
[[Page H1509]]
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect
on October 1, 2002, or the date of the enactment of this Act,
whichever occurs later.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Hoekstra) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Hoekstra).
General Leave
Mr. HOEKSTRA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 3839.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. HOEKSTRA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased that we are here today to consider H.R.
3839, the Keeping Children and Families Safe Act of 2002, which
reauthorizes and improves the Child Abuse Prevention and Treatment Act,
CAPTA, the Adoption Opportunities Program, the Abandoned Infants Act,
and the Family Violence Prevention and Treatment Act.
I thank my colleagues on both sides of the aisle for their hard work
and efforts in developing this bipartisan legislation in getting this
measure here today for consideration before the whole House. I think it
is timely that we are considering this bill today since April is
designated as Child Abuse Prevention Month.
I thank the gentleman from Ohio (Chairman Boehner) for his support of
this bill and the gentleman from Pennsylvania (Mr. Greenwood) for his
diligence in ensuring that infants born addicted to alcohol or drugs
receive the necessary services they need.
I also thank my colleagues on the other side of the aisle. I thank
the gentleman from Indiana (Mr. Roemer), the ranking member of the
subcommittee, and the gentleman from California (Mr. George Miller),
the ranking member of the Committee on Education and the Workforce for
their efforts in getting us to this point.
The Keeping Children and Families Safe Act continues the provision of
important Federal resources for identifying and addressing the issues
of child abuse and neglect and family violence and for supporting
effective methods of prevention and treatment.
It also continues local projects with demonstrated value in
eliminating barriers to permanent adoption and addressing the
circumstances that often lead to child abandonment.
Mr. Speaker, this legislation emphasizes the prevention of child
abuse and neglect and family violence before it occurs. It promotes
partnerships between child protective services and private and
community-based organizations, including education, and health systems
to ensure that services and linkages are more effectively provided.
The bill also appropriately addresses a growing concern over parents
being falsely accused of child abuse and neglect and the aggressiveness
of social workers in their child abuse investigations. The bill
increases public education opportunities to strengthen the public's
understanding of the child protection system and appropriate reporting
of suspected incidents of child maltreatment.
The act fosters cooperation between parents and child protective
service workers by requiring case workers to inform parents of the
allegations made against them, and improves the training opportunities
and requirements for child protective services personnel regarding the
extent and limits of their legal authority and the legal rights of
parents and legal guardians.
Lastly, this bill expands adoption opportunities to allow services
for infants and young children who are disabled or born with life-
threatening conditions. It requires the Secretary of Health and Human
Services to conduct a study on the annual number of infants and young
children abandoned each year, and extends the authorization for the
Family Violence Prevention and Services Act.
I again thank my colleagues for their work on this bill and urge them
to join me in support of this bipartisan effort to improve the
prevention and treatment of child abuse and family violence by
supporting H.R. 3839.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself 2
minutes.
Mr. Speaker, I rise in strong support of this bill to reauthorize
this relatively small, but very important, program, the Child Abuse
Prevention and Treatment Act.
This bill will help States do a better job of preventing and treating
child abuse and neglect. I thank the gentleman from Michigan (Mr.
Hoekstra), the chairman of the subcommittee, and the ranking member,
the gentleman from Indiana (Mr. Roemer), and the gentleman from Ohio
(Mr. Boehner) for their commitment to writing a bipartisan bill and all
of their effort to make sure that this legislation got to the floor and
passed the House of Representatives. I thank the gentleman from
Pennsylvania (Mr. Greenwood) for his expertise and commitment to the
prevention of child abuse.
Democrats were able to work with Republicans to make this a good bill
for children. In 1999, there were more than 800,000 substantiated cases
of child abuse and neglect; and over 1,137 children died as a result of
abuse and neglect. Children who are abused and neglected are more
likely to commit suicide, suffer from depression, commit crimes, fail
in school, and have problems holding jobs.
The Federal approach to addressing child abuse and neglect does not
go far enough to help States prevent child abuse from happening and
providing treatment services for children and families once it has
occurred. Only 12 percent of the Federal monies for child abuse and
neglect go toward prevention and treatment.
This bill we are reauthorizing today is extremely important because
it is the only Federal program specifically aimed at the prevention and
treatment of child abuse; and yet this program is only appropriated
half of the money of its authorized level. The legislation also makes
important changes by increasing collaboration between child protective
services and health agencies.
Children with disabilities are almost four times more likely to be
the victims of abuse and neglect, and children in child welfare systems
have a higher risk of health problems. Any serious attempt to prevent
and treat child abuse and neglect must include procedures for linking
abused children and children at risk for abuse to the appropriate
health and mental health services.
The bill requires States report on their efforts to improve case-work
training, supervision, and retention so children and families can be
better served.
Mr. Speaker, this bill is a major step forward in a heart-wrenching,
but critical, effort to stop child abuse and neglect and to better
treat those children who have fallen victim to it. Again, I thank the
gentleman from Michigan (Mr. Hoekstra), the gentleman from Indiana (Mr.
Roemer), and the gentleman from Ohio (Mr. Boehner) for their efforts in
bringing the bill to the floor.
Mr. HOEKSTRA. Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 3 minutes to
the gentleman from Indiana (Mr. Roemer).
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Speaker, this is the people's House, and this is the
consummate bill put together by the people, by the members of this
committee. I thank the leaders of the Committee on Education and the
Workforce, the gentleman from Ohio (Mr. Boehner) and the gentleman from
California (Mr. George Miller), for their support to our subcommittee
and their leadership. I thank the gentleman from Michigan (Mr.
Hoekstra) for his efforts to create a bipartisan product to bring to
the floor. I thank the gentleman from Virginia (Mr. Scott) for his
skills and experience over the years working on these issues, and I
thank the gentleman from Pennsylvania (Mr. Greenwood) for his work as a
social worker and the experience that he brought to this bill.
Mr. Speaker, this bill is a bill about balance, it is about linkages,
and it is
[[Page H1510]]
about the middle ground. It is a bill that breaks our hearts if we do
not address the problems. I was at a fund-raising dinner in Kosciusko
County in Indiana a couple of years ago, and it was a fund-raiser to
raise money to prevent child abuse. We heard the stories of children
locked in closets, burnt with cigarettes, defecated upon, chained up
and released months later. These stories break my heart. The stories
here in D.C., about Brianna. She is reunited with her parent and
eventually killed weeks later.
If we do not do something about these problems, they cost children
their lives. This is a very important, yet small, and significant bill;
but very important to the lives and the health of children.
This is about balance. It is about the balance of trying to make sure
that the Briannas are not reunited with a parent that will kill them;
but also helping our social workers who sometimes have 80 and 90 cases
at a time. This is about playing a critical role and placing resources
into prevention and treatment of child abuse, that balance. This is
about the balance of allowing those in the field to continue to find
more effective ways to help prevent child abuse, and also treat these
children and families.
Finally, Mr. Speaker, it is about linkages. I am glad to see linkages
between the child protection services and the juvenile justice system
so that those two systems are working together to prevent children from
getting into trouble in the first place, and working with those that
are already in the juvenile justice system to help them get the help
they need to stay out and get out of the juvenile justice system.
We found good middle ground that will allow for greater parental
rights without putting children at risk. It allows parents to be
informed of their rights without making the job of the social worker
more difficult.
Finally, it is about middle ground. As I said, balance, linkages and
middle ground. I am glad that we came to agreement on the amendment of
the gentleman from Pennsylvania (Mr. Greenwood) to identify children
that are born drug exposed and to get them the help they deserve. This
is a good bipartisan bill about that balance, about that creativity,
about those linkages, and about that middle ground. I urge its support.
Mr. HOEKSTRA. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I thank my colleague, the gentleman from Indiana (Mr.
Roemer). Working together, we have really set a nice tone on the
Subcommittee on Select Education, especially on this bill which in the
past on occasion has been a rather controversial bill; but we were able
to work through this bill and pass something that has broad bipartisan
support. We have been able to do that on libraries and museums; and
over the last couple of months, we have begun that same type of
process, expecting the same kind of result on reauthorization for the
Corporation for National Service. So under the leadership of the
gentleman from Indiana (Mr. Roemer) on the subcommittee, working with
the gentleman from California (Mr. George Miller), I think we have set
a good tone for this subcommittee in tackling some tough issues.
Mr. ROEMER. Mr. Speaker, will the gentleman yield?
Mr. HOEKSTRA. I yield to the gentleman from Indiana.
Mr. ROEMER. Mr. Speaker, I would compliment the gentleman back, and
say our work on the libraries and museums bill went in a bipartisan
fashion, another very significant piece of legislation to help urban
and rural libraries and museums. This bill I hope will pass today, and
I look forward to the work that we will do on Americorps in the future.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 3 minutes to
the gentleman from Virginia (Mr. Scott), a member of the Committee on
Education and the Workforce.
Mr. SCOTT. Mr. Speaker, I thank the subcommittee chairman, the
gentleman from Michigan (Mr. Hoekstra); the ranking member, the
gentleman from Indiana (Mr. Roemer); and the full committee chairman,
the gentleman from Ohio (Mr. Boehner); and the ranking member, the
gentleman from California (Mr. George Miller); and the gentleman from
Pennsylvania (Mr. Greenwood) for their leadership in crafting this
bipartisan bill.
I am especially appreciative of their acceptance of several
amendments that I proposed to strengthen the bill's focus on
developmental needs of abused and neglected children. In recent years,
much focus has been placed on the brain damage and brain development of
young people from age birth to 3. We know that experiences that a child
has during this period can be critical to the foundation for their
future development. Research also suggests that when a child's early
experiences are negative, children may experience emotional,
behavioral, and learning problems that can last through their lifetime
without targeted early interventions.
{time} 1815
For a child that has been abused and neglected, it is extremely
important to evaluate that child developmentally and ensure that the
appropriate services are given. I am pleased that the subcommittee
accepted my amendment to have children who are under 3, who have been
abused or neglected, to be referred to the statewide early intervention
system funded under part C of the Individuals with Disabilities
Education Act. Part C State agencies can evaluate these children
developmentally to see if there are delays that would qualify those
children for services. A 1993 study by the Office of Child Abuse and
Neglect found that 36 percent of the substantiated cases of child
maltreatment, or about 300,000 children, caused disabilities in these
children. And of those children who have been seriously abused, 18,000
of those children received permanent disabilities.
Mr. Speaker, many studies have shown and documented that the earlier
the services are given, the more effective they are. Ensuring that
these children receive appropriate services as early as possible will
reduce the need for costly interventions later on.
I am also pleased, Mr. Speaker, that the committee accepted my
amendment to allow the Secretary to fund additional research focusing
on the effects of child abuse and neglect on a child's development.
Additional research in this area is needed to better identify
successful early intervention services so that we can more
appropriately serve abused and neglected children with their
developmental needs.
Mr. Speaker, I thank the leaders for crafting the bill. I urge my
colleagues to support the legislation.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 2 minutes to
the gentlewoman from California (Mrs. Davis), a member of the
committee.
Mrs. DAVIS of California. Mr. Speaker, I rise today in support of
H.R. 3839, the Keeping Children and Families Safe Act. In particular I
would like to talk about an important provision in this legislation
that was added to the bill through the bipartisan efforts of my
colleagues on the Committee on Education and the Workforce. H.R. 3839
includes language to encourage agencies and organizations that receive
CAPTA funds to provide materials and services to families and children
with limited English proficiency in an appropriate language other than
in English.
This need for language-appropriate materials and services was brought
to my attention by the committed social workers of Children's Services
in San Diego. One of the greatest frustrations that they encounter is
the lack of services available for limited English proficiency
families. In some instances this lack of language-appropriate services
is actually compromising how families comply with court orders. For
example, the court often orders perpetrators of domestic violence to
attend education and counseling sessions as a condition of allowing
their children to return home. A Children's Services social worker is
assigned to the case to help the parents get into a treatment program
and to monitor the child. The average wait for admittance into a
Spanish language domestic violence program is 6 to 8 months. Parents
have a year to complete that treatment but they may spend up to 8
months waiting to get in. In many instances the children are separated
from their parents until treatment is completed. This situation is
keeping families apart.
[[Page H1511]]
Participating in an English treatment program may fulfill the court's
requirement, but it does not benefit the parents if they do not speak
English. As a diverse Nation, we must work harder to address the
multilingual needs of our communities and encourage the availability of
services in appropriate languages. Every month, San Diego County's
Children Services makes referrals in Spanish, in Vietnamese, Arabic,
Cambodian, Farsi and other languages.
The language included in this bill before us today expresses the
sense of Congress that all agencies and organizations that receive
CAPTA funds must recognize and meet the needs of these communities by
providing appropriate materials and services.
Mr. Speaker, I am very pleased that we have added that language to
the bill. I want to thank my colleagues for their invaluable help with
this provision.
Mr. HOEKSTRA. Mr. Speaker, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Greenwood).
Mr. GREENWOOD. I thank the gentleman for yielding me this time.
Mr. Speaker, one of the important changes that we made in this law as
it came through the committee was some language that I worked out in a
bipartisan fashion that goes to an issue that I think is perhaps the
most critical area that needs treatment in the prevention of child
abuse. Today, children are born all over this country to mothers who
have substance abuse problems. Their mothers are alcoholic or their
mothers are drug addicts. These babies are born in hospitals, they are
frequently underweight, they are frequently frail. Much money and
effort is devoted to bringing them to health. These children do not
meet any definition of child abuse, and probably they should not, but
what happens is they are sent home from hospitals every day in this
country and it is only a matter of time in so many instances until they
return back to the hospital abused, bruised, beaten, and sometimes
deceased. That is because we have not developed a system in this
country to identify these children and intervene in their lives.
The amendments that we put in this bill for the first time require
the States to set up programs so that when these children are born to
these addicted families that there is intervention, and the social
workers can come in and meet with the mother and establish a safe plan
of care. If the child can go home safely, so be it. They will have
visiting nurses and hopefully substance abuse treatment and all of the
rest. In those cases where the mother is refusing or unable or
unwilling to get help to protect her child, to mother properly, to
parent properly, or where the home situation is just too chaotic and
too violent for the child to be safe, then there can be intervention
and the child can be placed in foster care.
Over and over again, the newspapers of our country are replete with
these cases of terribly, terribly abused, battered, sexually abused and
sometimes beaten-to-death children who could have been saved if only we
had intervened when we knew there was a problem, when we could see that
this child was born to a dysfunctional family where substance abuse is
the issue. Now we will be able to do that.
I want to thank the gentleman from Michigan (Mr. Hoekstra), I want to
thank the gentleman from California (Mr. George Miller), I want to
thank the gentleman from Indiana (Mr. Roemer), and all Republicans and
Democrats who have worked with me to get this amendment in. I think if
we get this all the way through the Senate and signed by the President,
we will see a significant reduction in child abuse and we will be glad
for the effort.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, this is a very important bill that we are debating here
today. It is important that it pass the House later this evening.
But we will be voting on another important matter this evening, and
that is the motion to instruct by our colleague, the gentleman from
California (Mr. Baca), to make sure that the agriculture bill in fact
includes a provision to provide for food stamp eligibility for legal
immigrants with a significant work history, and the children of those
immigrants. This is a very, very important measure. Some 1 million
children who are citizens of immigrant parents have left the food stamp
program since we changed the law. Members of both parties now recognize
that this was a tragic mistake, that these children, while their
parents work and work very hard and work very long hours, are twice as
likely as other children and families to be poor, and that their jobs
pay less than citizens of this country. It is very important that we
provide them the means by which they can provide the proper nutrition
for these children so the children can take full advantage of the
opportunities of education and learning and do not fall behind in
school. The history of this country is replete with studies that tell
us how very important it is that children have proper nutrition when
they go to school.
This was a mistake that the Congress made. This is a chance to
rectify this situation. I believe the Bush administration supports this
effort, and we will be voting on this later this evening. It is a
matter that is very important to a number of Members and our
colleagues.
Mr. Speaker, I yield 2 minutes to the gentlewoman from California
(Ms. Roybal-Allard).
Ms. ROYBAL-ALLARD. I thank the gentleman for yielding me this time.
Mr. Speaker, today we are considering the Keeping Children and
Families Safe Act. I do not think there will be any disagreement that
nothing is more fundamental to the safety and security of America's
children and families than having enough food to eat. That is why I
rise in strong support of the Baca motion to adopt the Senate
provisions that provide eligibility for food stamps to lawfully
present, hard-working immigrant families and their children.
Tragically, more than one in five low-income children belong to legal
immigrant families. These families work hard and pay taxes, taxes that
support the food stamp program. In spite of their hard work, however,
these families are often hit the hardest in an economic downturn.
Denying these families access to basic safety net programs runs counter
to Congress' goal in the Keeping Children and Families Safe Act. No
child is safe when suffering from hunger.
As the world's wealthiest Nation, it is inexcusable that such a high
rate of hunger exists among low-income legal permanent resident
families living in this country. We must not allow this tragic
situation to continue. Congress must follow the lead of the President
and expand access to food stamps for these hard-working, legal
residents and their children.
I urge my colleagues to support the motion to instruct conferees
which the House will be voting on later this evening.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
I want to thank my colleague, Mr. Speaker, for the points that she
made, because I think it is very important that people understand this.
It has become very clear in the last few years, I think, to many
Americans, even those who had doubts about immigration, of the
important contribution that immigrants make to our economy. Certainly
to the gentlewoman from California (Ms. Roybal-Allard) and myself, it
is very clear that the California economy could not continue for 5
minutes if the immigrants decided that they were not going to
contribute their share of what they do. It runs across entire segments
of our economy, from Silicon Valley to the Central Valley of
California, to the great areas of San Diego, Los Angeles, in so many
industries, in so many areas of manufacturing, in so many areas of high
tech, in movie production, in the accommodations industry, in the
tourism industry, these people make our economy go. Yet the Congress
made a tragic mistake and denied them access to food stamps. They pay
taxes. They pay for these programs. They also denied it to their
children.
This is an opportunity, it is in the Senate provision, and it is
something that we would hope that the House would join in, agree to the
Senate, and send it to the President for his signature on the ag bill.
I want to thank the gentlewoman for her points.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, I am so happy to be on the floor of this
[[Page H1512]]
House today to stand in strong support of H.R. 3839, the Keeping
Children and Families Safe Act, and to thank and commend the Committee
on Education and the Workforce, particularly the chairman and the
ranking member and all those who have done so much now, and hopefully
we will pass this tonight and have it signed into law. It will make
such a difference in preventing the suffering of children in our
country.
Today could be a real red letter day for that because it is not just
that piece of legislation which I look forward to supporting tonight,
but we also can support the Baca amendment which would prevent the
suffering of children through hunger and their families from being
hungry. There can be no higher mission for this body than to prevent
that kind of unnecessary suffering.
All we are going to be considering tonight is a motion to instruct
the conferees on the farm bill. This is in line, really, with the
Keeping Children and Families Safe Act. We are going to be able to
restore food stamps to legal immigrants, people who have been in this
country for at least 5 years, who have worked here for 16 quarters.
About 85 percent of immigrant families are mixed families, with
stepchildren and immigrant parents. This benefit that goes to the
citizen children often has to be spread through the whole family,
leaving the family not having enough food to eat.
So while we protect children through the Keeping Children and
Families Safe Act, let us also do it by instructing the conferees to
say let us restore that benefit so we do not have hungry families and
hungry children who go to school.
Mr. GEORGE MILLER of California. Mr. Speaker, will the gentlewoman
yield?
Ms. SCHAKOWSKY. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Speaker, I just want to say to
the gentlewoman that I think she is quite correct in drawing the
connection between the Keeping Children and Families Safe Act, and
prevention of abuse there, and recognizing that in fact it is abusive
to send children throughout their daily activities without proper
nutrition, without sufficient food to support them.
{time} 1830
We know then that those are, in many instances, the very same
children who act out in school, and then they act out in school and
then they get in trouble at home; and all of a sudden a family that is
already under stress because of income, because of a lack of food,
perhaps maybe the child is mistreated in an improper way, and now we
are dealing with a child back into the child abuse system.
Again, we have studies of how children behave when they have enough
to eat in school and when they do not have enough to eat in school.
Very often, those children, when we examine their backgrounds, they are
the children that become the targets of disciplinary actions because of
their acting out in schools. And we can start to see how this
snowballs; and all of a sudden, the child is caught up in a situation
where they are being characterized, where they are being labeled over
something that they really have no control over and that is whether or
not a family has sufficient nutritional resources to provide the child
the food that they need.
Ms. SCHAKOWSKY. Mr. Speaker, reclaiming my time, I just want to say
that in the same way that in a bipartisan fashion the gentleman was
able to craft the Keeping the Children and Families Safe Act, we could
do this in a bipartisan way. As the gentleman had mentioned earlier,
the Bush administration does support this effort to restore food stamps
to legal immigrant families. So I think tonight we ought to do both
things: protect children from physical abuse and the kind of abuse that
results from hunger.
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentlewoman
for her contribution.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Texas (Ms. Jackson-Lee).
The SPEAKER pro tempore (Mr. Linder). The time of the gentleman from
California (Mr. George Miller) has expired. The gentleman has consumed
20 minutes.
Mr. HOEKSTRA. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman for
yielding me this time.
Let me congratulate the chairman and ranking member and the sponsor
of this legislation, the Child Abuse Prevention and Treatment Act.
These are two issues that I think are very important, and the whole
issue of improving the quality and the access to adoption for our
children. I want to thank the gentleman from California (Mr. George
Miller) and of course the chairman, but as well the issue of abandoned
children is a very important one. I worked on it in Texas. This is an
important legislative initiative that has bipartisan support, and I
thank my colleagues very much for allowing me to comment on something
that we worked a lot on in Texas.
As my colleagues know, I care about children, as all of us do. So I
would like to add that in addition to my enthusiastic support for this
legislation, the Child Abuse Prevention and Treatment Act and Adoption
Opportunities Act, I want to also mention my support for the Baca
Motion to Instruct, which is to realize that many legal immigrants,
legal residents are awaiting citizenship, and they contribute
tremendously to the success and growth of this country. They pay taxes,
their children join the military. So this is an extremely important
motion that we will have an opportunity to vote on. It complements this
legislation.
What it says is that our children, who are the children of this
country, the children of these immigrants deserve the right to access
to benefits and to food stamps. It says that we do not want our
children to starve, that we do not want them to go to schools trying to
seek an education without the opportunity to eat. It also recognizes
that this country has a message that it respects work, respects those
individuals who work in hospitals and restaurants and serve in the
military. It respects them. As they come here to access legalization,
we want to make sure that we confirm the message of our country, that
we have the opportunity for equal treatment and our immigrants can have
that treatment by supporting the motion of the gentleman from
California (Mr. Baca).
Let me say I add my enthusiastic support to the legislation on the
floor at this time.
Mr. HOEKSTRA. Mr. Speaker, I yield myself such time as I may consume.
I would like to again thank my colleagues on the other side of the
aisle, especially for the last few minutes of creative debate where not
only could we talk about the Keeping Children and Families Safe Act of
2002, but also to be informed on the Baca Motion to Instruct tonight.
But I am glad that we have been able to do that in a bipartisan way,
as we have also been able to move this bill forward in a bipartisan
way.
Mr. Speaker, I urge my colleagues to vote in support of H.R. 3839.
Mrs. CHRISTENSEN. Mr. Speaker, I rise in strong support of H.R. 3839,
Keeping Children and Families Safe Act of 2002 and urge my colleagues
to support its adoption. H.R. 3839 is aimed at preventing child abuse
and family violence and protecting and treating abused and neglected
children and victims of family violence.
Sadly, even a place with the natural beauty of my district, the U.S.
Virgin Islands, is plagued with the curse of child abuse and family
violence. At a hearing of the Virgin Island Legislature's Youth and
Human Service Committee earlier this year, my friend and director of
the St. Thomas based child advocacy organization Kidscope Inc., Dilsa
Capdeville, admonished her fellow Virgin Islanders to first recognize
that everyone, not just those who work in the various child-help
agencies, must respond to the plight of our children. We must, ``open
our doors, our minds and our hearts; everyone must do his or her
part,'' she said.
I want to take this opportunity to commend Dilsa, Clema Lewis, co-
director of the Women's Coalition, Michael Rymer, executive director of
the Family Resources Center, Elise Chinnery, who heads the Adolescent
Health Services Division of the Health Department and Dr. Iris Kern of
the Safety Zone for the work they do in the Virgin Islands helping
children and victims of domestic violence and sexual abuse.
My colleagues, regrettably family violence continues to be the most
common yet least reported crime in our Nation. Approximately, 95
[[Page H1513]]
percent of family violence victims are women and it is estimated that
every 11 seconds a woman is battered in the United States. It is also
estimated that 70 percent of men who abuse their wives also abuse their
children and children from abusive homes are at greater risk of alcohol
or drug abuse, juvenile delinquency and depression and suicide.
The bill we are debating today attempts to reverse these trends by
more than doubling the amount of funds provided for community-based
grants for family support programs for the prevention of child abuse
and neglect for fiscal year 2003.
I urge my colleagues to support passage of this important bill, which
will protect the most vulnerable members of our communities, our
children and abused women.
Mr. DeLAY. Mr. Speaker, I rise in support of H.R. 3839, the Keeping
Children and Families Safe Act of 2002. I am very pleased that we were
able to bring this bill to the floor during April, a month dedicated to
commemorate Child Abuse and Neglect Prevention.
The bill before us today is aimed at identifying and preventing child
maltreatment. One critical provision offered in committee by Mr.
Greenwood is particularly important. This provision would require
States to develop policies and procedures to inform State child
protective workers when an infant is born addicted to drugs.
There is a strong link between substance abuse and child abuse. An
estimated 40 percent of confirmed cases of child maltreatment involve
parental drug use. When parents abuse drugs there is a three-fold
increase in the likelihood that their child will be abused or
neglected.
Nothing is more tragic than the sight of a child born exposed to
drugs going through withdrawal. Their pain is clear. These babies cry
without stopping. They can't be comforted. They are startled by light
and touch.
This is particularly heartbreaking because these children are almost
always placed into neonatal intensive care units where the lights are
never turned off and the noise level is always high. Babies born
addicted to drugs often arrive prematurely with subtle brain damage.
These babies fail to thrive and struggle to gain weight because they
often have feeding problems.
When child protection workers aren't told that a baby was born
addicted to drugs, that baby is in serious danger. In far too many
cases, addicted babies go home to die. In the District of Columbia
alone, 11 newborns died from 1993 through 2000 after hospitals sent
them home to drug addicted parents without monitoring or services.
The bill we will pass today sends a clear message to the States: Drug
addicted newborns must be protected. My home State of Texas, and 26
other States, require medical personnel to report the birth of drug
exposed babies to authorities.
But there is still a troubling lack of attention to the laws that are
currently in place and the babies they are designed to protect. This
legislation is a good start. But much more needs to be done.
Mr. LARSON of Connecticut. Mr. Speaker, I rise today in strong
support of the Keeping Children and Families Safe Act, H.R. 3839. It is
my hope that this legislation will enhance current abuse programs and
serve as a pivotal step in preventing and treating family violence.
The Keeping Children and Families Safe Act reauthorizes the Child
Abuse Prevention and Treatment Act, Adoption Opportunities Program and
the Abandoned Infants Assistance Program through fiscal year 2007, as
well as certain programs under the Family Violence Prevention and
Services Act. I am particularly pleased to see an increase in funding
for the Child Abuse Prevention and Treatment Act. A majority of the
funding, $120 million, will be used for formula grants to improve child
protection services such as professional training, abuse prevention,
and treatment, case management, and investigation and prosecution. In
addition, it provides for $80 million for community-based family
resource and support grants.
Child abuse is a serious public health problem. In 1999, the
Department of Health and Human Services reported that Child Prevention
Services (CPS) agencies received over 2.9 million reports of suspected
child abuse and neglect. Ultimately, 826,000 children were found to be
victims of abuse and neglect after investigation. That means that out
of every 1,000 children, 12 are abused. Even more alarming are some
surveys that indicate that as many as 49 out of 1,000 children may be
physically abused, and child abuse is on the rise. The National
Incidents Studies found that since 1988, all forms of abuse and
neglect--sexual, physical, and emotional--have risen at least 42
percent, while some individual types of neglect have risen over 300
percent.
Unfortunately, funding for neither the CAPTA nor the CPS agencies has
kept pace with the scope of the problem. For the past 10 years, the
Child Abuse Prevention and treatment Act has been funded at low levels
representing only half of its authorized levels. Additionally, the
National Child Abuse Coalition estimates that current spending in
federal, state, and local dollars for child protective services falls
short by about $2.56 billion of the estimated $5.215 billion total
cost, which in turn puts our children in a position for abuse and
neglect.
The Child Abuse Prevention and Treatment Act should be the core
source of funding for child protective services; but it is not. Last
year, CAPTA programs received only $48 million for state grants and $33
million for prevention grants. I am encouraged by both this year's
authorization for CAPTA and by the reauthorization levels put forth by
the Keeping Children and Families Safe Act. The authorization for FY03
for CAPTA is increased to $100 million for state grants and $66 million
for prevention. I applaud the Members of the House Committee on
Education for recognizing the need for increases for these important
programs and allowing H.R. 3839 to come before us. By dramatically
increasing the funding levels for the CAPTA, the Keeping Children and
Families Safe Act demonstrates our commitment and willingness here in
Congress to help protect our children.
Mr. Speaker, I would also like to recognize a dear friend of mine,
Eva Bunelle, who like many other people abused as children, has only
recently come forward. She is a dauntless defender and advocate for
children. In revealing her experience and compelling story, she seeks
no remedy for herself, but only for those children she hopes can be
spared from the horrors that she persevered through. I commend Eva
Bunelle for her courage and strength, and I thank the National Child
Abuse Coalition for lending their support and resources to this great
champion; Her voice can now be heard louder and clearer than ever.
Mr. Speaker, child abuse and family violence are all too common. It
is time to remedy this horrific evil that plagues our society. While
the deep roots of family violence are not easily unearthed, I believe
this legislation before us will provide some of the necessary tools to
help prevent further instances of abuse and help those who are already
victims. Therefore, I urge my colleagues to vote in favor of the
Keeping Children and Families Safe Act.
Mr. HOLT. Mr. Speaker, I rise today to support H.R. 3839 the Keeping
Children And Families Safe Act. There are approximately three million
reports of child abuse every year. Of this number, 1 million are
substantiated. It is estimated that children with disabilities are
almost four times more likely to be victims of abuse and neglect than
children without disabilities. A 1993 study by the Office of Child
Abuse and Neglect found that 36 percent of the substantiated cases of
child maltreatment, or about 300,000 children, caused disabilities in
those children.
But the problems of child abuse and neglect are even more serious
then these statistics may suggest. A 1995 Gallup poll of parents,
reports of physical abuses were about 16 times higher than the number
or reports officially recorded, and reports of sexual abuse were some
10 times higher than the officially reported number. Unfortunately,
less than half of the children who are abused or neglected receive any
services at all.
The bill before us today is intended to address these gaps in
service. The bill requires State child welfare agencies to develop
policies involving abused or neglected children so that they can be
referred to the statewide early intervention system funded under part C
of the Individuals with Disabilities Education Act. This will ensure
that abused children will get the early intervention they need, such as
services to help them learn, grow, and thus enter school ready to
learn.
The bill also improves the way society provides healthcare to abused
and neglected children. Children in the child welfare system are at
higher risk for health problems than other children. Because child
abuse often causes disabilities appropriate health and developmental
evaluations and treatment are vitally important. A 1995 GAO study
concluded that barriers prevent many children in the welfare system
from receiving adequate health care. H.R. 3839 takes steps to help
states address this problem and improve services for victims of child
abuse and neglect. Among other things, H.R. 3839 promotes links between
child protection and health care agencies, including mental health,
agencies.
Our Nation's current system of protecting children is heavily
weighted toward protecting children who have been so seriously
maltreated they are no longer safe at home and must be placed in foster
care or adoptive homes. These are children whose safety is in danger
and they demand our immediate attention. Unfortunately, far less
attention is directed at preventing harm to these children from
happening in the first place, or providing the appropriate services and
treatment needed by families and children victimized by abuse or
neglect. The changes made in H.R. 3839, will help improve the Child
Protective Services (CPS) system nationwide. Through the Child Abuse
Prevention and Treatment Act basic
[[Page H1514]]
State grant program, we would take an important step forward providing
support for the CPS system infrastructure and to begin to rectify the
imbalance in society's response to the abuse and neglect of children.
Mr. Speaker, this is a good bill and I urge my colleagues to support
it.
Mr. HOEKSTRA. Mr. Speaker, having no further requests for time, I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Hoekstra) that the House suspend the rules
and pass the bill, H.R. 3839, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This 15-minute vote on the motion to suspend
the rules will be followed by two 5-minute votes on the motions to
instruct conferees that were debated on Thursday last.
The vote was taken by electronic device, and there were--yeas 411,
nays 5, not voting 18, as follows:
[Roll No. 104]
YEAS--411
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Gekas
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
Leach
Lee
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, George
Miller, Jeff
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Putnam
Quinn
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Rivers
Roemer
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sullivan
Sununu
Sweeney
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NAYS--5
Flake
Paul
Rohrabacher
Schaffer
Tancredo
NOT VOTING--18
Blagojevich
Bonior
Condit
Crane
DeGette
Ganske
Gilchrest
Hinchey
Houghton
Kilpatrick
LaTourette
Levin
Pryce (OH)
Radanovich
Riley
Rodriguez
Smith (WA)
Traficant
{time} 1858
Mr. TANCREDO changed his vote from ``yea'' to ``nay.''
Messrs. DEUTSCH, COBLE, AKIN, FRELINGHUYSEN, and GRAHAM changed their
vote from ``nay'' to ``yea.''
So (two-thirds having voted in favor thereof) the rules were
suspended and the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________