[Congressional Record Volume 154, Number 106 (Wednesday, June 25, 2008)]
[House]
[Pages H6075-H6080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     STOP CHILD ABUSE IN RESIDENTIAL PROGRAMS FOR TEENS ACT OF 2008

  Mr. GEORGE MILLER of California. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 6358) to require certain standards and 
enforcement provisions to prevent child abuse and neglect in 
residential programs, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6358

       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 ``Stop Child Abuse in 
     Residential Programs for Teens Act of 2008''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary for Children and Families of 
     the Department of Health and Human Services.
       (2) Child.--The term ``child'' means an individual who has 
     not attained the age of 18.
       (3) Child abuse and neglect.--The term ``child abuse and 
     neglect'' has the meaning given such term in section 111 of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106g).
       (4) Covered program.--
       (A) In general.--The term ``covered program'' means each 
     location of a program operated by a public or private entity 
     that, with respect to one or more children who are unrelated 
     to the owner or operator of the program--
       (i) provides a residential environment, such as--

[[Page H6076]]

       (I) a program with a wilderness or outdoor experience, 
     expedition, or intervention;
       (II) a boot camp experience or other experience designed to 
     simulate characteristics of basic military training or 
     correctional regimes;
       (III) a therapeutic boarding school; or
       (IV) a behavioral modification program; and

       (ii) operates with a focus on serving children with--

       (I) emotional, behavioral, or mental health problems or 
     disorders; or
       (II) problems with alcohol or substance abuse.

       (B) Exclusion.--The term ``covered program'' does not 
     include--
       (i) a hospital licensed by the State; or
       (ii) a foster family home that provides 24-hour substitute 
     care for children placed away from their parents or guardians 
     and for whom the State child welfare services agency has 
     placement and care responsibility and that is licensed and 
     regulated by the State as a foster family home.
       (5) Protection and advocacy system.--The term ``protection 
     and advocacy system'' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       (6) State.--The term ``State'' has the meaning given such 
     term in section 111 of the Child Abuse Prevention and 
     Treatment Act.

     SEC. 3. STANDARDS AND ENFORCEMENT.

       (a) Minimum Standards.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary for 
     Children and Families of the Department of Health and Human 
     Services shall require each location of a covered program 
     that individually or together with other locations has an 
     effect on interstate commerce, in order to provide for the 
     basic health and safety of children at such a program, to 
     meet the following minimum standards:
       (A) Child abuse and neglect shall be prohibited.
       (B) Disciplinary techniques or other practices that involve 
     the withholding of essential food, water, clothing, shelter, 
     or medical care necessary to maintain physical health, mental 
     health, and general safety, shall be prohibited.
       (C) The protection and promotion of the right of each child 
     at such a program to be free from physical and mechanical 
     restraints and seclusion (as such terms are defined in 
     section 595 of the Public Health Service Act (42 U.S.C. 
     290jj)) to the same extent and in the same manner as a non-
     medical, community-based facility for children and youth is 
     required to protect and promote the right of its residents to 
     be free from such restraints and seclusion under such section 
     595, including the prohibitions and limitations described in 
     subsection (b)(3) of such section.
       (D) Acts of physical or mental abuse designed to humiliate, 
     degrade, or undermine a child's self-respect shall be 
     prohibited.
       (E) Each child at such a program shall have reasonable 
     access to a telephone, and be informed of their right to such 
     access, for making and receiving phone calls with as much 
     privacy as possible, and shall have access to the appropriate 
     State or local child abuse reporting hotline number, and the 
     national hotline number referred to in subsection (c)(2).
       (F) Each staff member, including volunteers, at such a 
     program shall be required, as a condition of employment, to 
     become familiar with what constitutes child abuse and 
     neglect, as defined by State law.
       (G) Each staff member, including volunteers, at such a 
     program shall be required, as a condition of employment, to 
     become familiar with the requirements, including with State 
     law relating to mandated reporters, and procedures for 
     reporting child abuse and neglect in the State in which such 
     a program is located.
       (H) Full disclosure, in writing, of staff qualifications 
     and their roles and responsibilities at such program, 
     including medical, emergency response, and mental health 
     training, to parents or legal guardians of children at such a 
     program, including providing information on any staff 
     changes, including changes to any staff member's 
     qualifications, roles, or responsibilities, not later than 10 
     days after such changes occur.
       (I) Each staff member at a covered program described in 
     subclause (I) or (II) of section 2(4)(A)(i) shall be 
     required, as a condition of employment, to be familiar with 
     the signs, symptoms, and appropriate responses associated 
     with heatstroke, dehydration, and hypothermia.
       (J) Each staff member, including volunteers, shall be 
     required, as a condition of employment, to submit to a 
     criminal history check, including a name-based search of the 
     National Sex Offender Registry established pursuant to the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248; 42 U.S.C. 16901 et seq.), a search of the State 
     criminal registry or repository in the State in which the 
     covered program is operating, and a Federal Bureau of 
     Investigation fingerprint check. An individual shall be 
     ineligible to serve in a position with any contact with 
     children at a covered program if any such record check 
     reveals a felony conviction for child abuse or neglect, 
     spousal abuse, a crime against children (including child 
     pornography), or a crime involving violence, including rape, 
     sexual assault, or homicide, but not including other physical 
     assault or battery.
       (K) Policies and procedures for the provision of emergency 
     medical care, including policies for staff protocols for 
     implementing emergency responses.
       (L) All promotional and informational materials produced by 
     such a program shall include a hyperlink to or the URL 
     address of the website created by the Assistant Secretary 
     pursuant to subsection (c)(1)(A).
       (M) Policies to require parents or legal guardians of a 
     child attending such a program--
       (i) to notify, in writing, such program of any medication 
     the child is taking;
       (ii) to be notified within 24 hours of any changes to the 
     child's medical treatment and the reason for such change; and
       (iii) to be notified within 24 hours of any missed dosage 
     of prescribed medication.
       (N) Procedures for notifying immediately, to the maximum 
     extent practicable, but not later than within 48 hours, 
     parents or legal guardians with children at such a program of 
     any--
       (i) on-site investigation of a report of child abuse and 
     neglect;
       (ii) violation of the health and safety standards described 
     in this paragraph; and
       (iii) violation of State licensing standards developed 
     pursuant to section 114(b)(1) of the Child Abuse Prevention 
     and Treatment Act, as added by section 7 of this Act.
       (O) Other standards the Assistant Secretary determines 
     appropriate to provide for the basic health and safety of 
     children at such a program.
       (2) Regulations.--
       (A) Interim regulations.--Not later than 180 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     shall promulgate and enforce interim regulations to carry out 
     paragraph (1).
       (B) Public comment.--The Assistant Secretary shall, for a 
     90-day period beginning on the date of the promulgation of 
     interim regulations under subparagraph (A) of this paragraph, 
     solicit and accept public comment concerning such 
     regulations. Such public comment shall be submitted in 
     written form.
       (C) Final regulations.--Not later than 90 days after the 
     conclusion of the 90-day period referred to in subparagraph 
     (B) of this paragraph, the Assistant Secretary shall 
     promulgate and enforce final regulations to carry out 
     paragraph (1).
       (b) Monitoring and Enforcement.--
       (1) On-going review process.--Not later than 180 days after 
     the date of the enactment of this Act, the Assistant 
     Secretary shall implement an on-going review process for 
     investigating and evaluating reports of child abuse and 
     neglect at covered programs received by the Assistant 
     Secretary from the appropriate State, in accordance with 
     section 114(b)(3) of the Child Abuse Prevention and Treatment 
     Act, as added by section 7 of this Act. Such review process 
     shall--
       (A) include an investigation to determine if a violation of 
     the standards required under subsection (a)(1) has occurred;
       (B) include an assessment of the State's performance with 
     respect to appropriateness of response to and investigation 
     of reports of child abuse and neglect at covered programs and 
     appropriateness of legal action against responsible parties 
     in such cases;
       (C) be completed not later than 60 days after receipt by 
     the Assistant Secretary of such a report;
       (D) not interfere with an investigation by the State or a 
     subdivision thereof; and
       (E) be implemented in each State in which a covered program 
     operates until such time as each such State has satisfied the 
     requirements under section 114(c) of the Child Abuse 
     Prevention and Treatment Act, as added by section 7 of this 
     Act, as determined by the Assistant Secretary, or two years 
     has elapsed from the date that such review process is 
     implemented, whichever is later.
       (2) Civil penalties.--Not later than 180 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     shall promulgate regulations establishing civil penalties for 
     violations of the standards required under subsection (a)(1). 
     The regulations establishing such penalties shall incorporate 
     the following:
       (A) Any owner or operator of a covered program at which the 
     Assistant Secretary has found a violation of the standards 
     required under subsection (a)(1) may be assessed a civil 
     penalty not to exceed $50,000 per violation.
       (B) All penalties collected under this subsection shall be 
     deposited in the appropriate account of the Treasury of the 
     United States.
       (c) Dissemination of Information.--The Assistant Secretary 
     shall establish, maintain, and disseminate information about 
     the following:
       (1) Websites made available to the public that contain, at 
     a minimum, the following:
       (A) The name and each location of each covered program, and 
     the name of each owner and operator of each such program, 
     operating in each State, and information regarding--
       (i) each such program's history of violations of--

       (I) regulations promulgated pursuant to subsection (a); and
       (II) section 114(b)(1) of the Child Abuse Prevention and 
     Treatment Act, as added by section 7 of this Act;

       (ii) each such program's current status with the State 
     licensing requirements under section 114(b)(1) of the Child 
     Abuse Prevention and Treatment Act, as added by section 7 of 
     this Act;

[[Page H6077]]

       (iii) any deaths that occurred to a child while under the 
     care of such a program, including any such deaths that 
     occurred in the five year period immediately preceding the 
     date of the enactment of this Act, and including the cause of 
     each such death;
       (iv) owners or operators of a covered program that was 
     found to be in violation of the standards required under 
     subsection (a)(1), or a violation of the licensing standards 
     developed pursuant to section 114(b)(1) of the Child Abuse 
     Prevention and Treatment Act, as added by section 7 of this 
     Act, and who subsequently own or operate another covered 
     program; and
       (v) any penalties levied under subsection (b)(2) and any 
     other penalties levied by the State, against each such 
     program.
       (B) Information on best practices for helping adolescents 
     with mental health disorders, conditions, behavioral 
     challenges, or alcohol or substance abuse, including 
     information to help families access effective resources in 
     their communities.
       (2) A national toll-free telephone hotline to receive 
     complaints of child abuse and neglect at covered programs and 
     violations of the standards required under subsection (a)(1).
       (d) Action.--The Assistant Secretary shall establish a 
     process to--
       (1) ensure complaints of child abuse and neglect received 
     by the hotline established pursuant to subsection (c)(2) are 
     promptly reviewed by persons with expertise in evaluating 
     such types of complaints;
       (2) immediately notify the State, appropriate local law 
     enforcement, and the appropriate protection and advocacy 
     system of any credible complaint of child abuse and neglect 
     at a covered program received by the hotline;
       (3) investigate any such credible complaint not later than 
     30 days after receiving such complaint to determine if a 
     violation of the standards required under subsection (a)(1) 
     has occurred; and
       (4) ensure the collaboration and cooperation of the hotline 
     established pursuant to subsection (c)(2) with other 
     appropriate National, State, and regional hotlines, and, as 
     appropriate and practicable, with other hotlines that might 
     receive calls about child abuse and neglect at covered 
     programs.

     SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.

       If the Assistant Secretary determines that a violation of 
     subsection (a)(1) of section 3 has not been remedied through 
     the enforcement process described in subsection (b)(2) of 
     such section, the Assistant Secretary shall refer such 
     violation to the Attorney General for appropriate action. 
     Regardless of whether such a referral has been made, the 
     Attorney General may, sua sponte, file a complaint in any 
     court of competent jurisdiction seeking equitable relief or 
     any other relief authorized by this Act for such violation.

     SEC. 5. REPORT.

       Not later than one year after the date of the enactment of 
     this Act and annually thereafter, the Secretary of Health and 
     Human Services, in coordination with the Attorney General 
     shall submit to the Committee on Education and Labor of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate, a report on the 
     activities carried out by the Assistant Secretary and the 
     Attorney General under this Act, including--
       (1) a summary of findings from on-going reviews conducted 
     by the Assistant Secretary pursuant to section 3(b)(1), 
     including a description of the number and types of covered 
     programs investigated by the Assistant Secretary pursuant to 
     such section;
       (2) a description of types of violations of health and 
     safety standards found by the Assistant Secretary and any 
     penalties assessed;
       (3) a summary of State progress in meeting the requirements 
     of this Act, including the requirements under section 114 of 
     the Child Abuse Prevention and Treatment Act, as added by 
     section 7 of this Act;
       (4) a summary of the Secretary's oversight activities and 
     findings conducted pursuant to subsection (d) of such section 
     114; and
       (5) a description of the activities undertaken by the 
     national toll-free telephone hotline established pursuant to 
     section 3(c)(2).

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary of 
     Health and Human Services $15,000,000 for each of fiscal 
     years 2009 through 2013 to carry out this Act (excluding the 
     amendment made by section 7 of this Act and section 8 of this 
     Act).

     SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO 
                   STATES TO PREVENT CHILD ABUSE AND NEGLECT AT 
                   RESIDENTIAL PROGRAMS.

       (a) In General.--Title I of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding 
     at the end the following new section:

     ``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO 
                   STATES TO PREVENT CHILD ABUSE AND NEGLECT AT 
                   RESIDENTIAL PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Child.--The term `child' means an individual who has 
     not attained the age of 18.
       ``(2) Covered program.--
       ``(A) In general.--The term `covered program' means each 
     location of a program operated by a public or private entity 
     that, with respect to one or more children who are unrelated 
     to the owner or operator of the program--
       ``(i) provides a residential environment, such as--

       ``(I) a program with a wilderness or outdoor experience, 
     expedition, or intervention;
       ``(II) a boot camp experience or other experience designed 
     to simulate characteristics of basic military training or 
     correctional regimes;
       ``(III) a therapeutic boarding school; or
       ``(IV) a behavioral modification program; and

       ``(ii) operates with a focus on serving children with--

       ``(I) emotional, behavioral, or mental health problems or 
     disorders; or
       ``(II) problems with alcohol or substance abuse.

       ``(B) Exclusion.--The term `covered program' does not 
     include--
       ``(i) a hospital licensed by the State; or
       ``(ii) a foster family home that provides 24-hour 
     substitute care for children place away from their parents or 
     guardians and for whom the State child welfare services 
     agency has placement and care responsibility and that is 
     licensed and regulated by the State as a foster family home.
       ``(3) Protection and advocacy system.--The term `protection 
     and advocacy system' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       ``(b) Eligibility Requirements.--To be eligible to receive 
     a grant under section 106, a State shall--
       ``(1) not later than three years after the date of the 
     enactment of this section, develop policies and procedures to 
     prevent child abuse and neglect at covered programs operating 
     in such State, including having in effect health and safety 
     licensing requirements applicable to and necessary for the 
     operation of each location of such covered programs that 
     include, at a minimum--
       ``(A) standards that meet or exceed the standards required 
     under section 3(a)(1) of the Stop Child Abuse in Residential 
     Programs for Teens Act of 2008;
       ``(B) the provision of essential food, water, clothing, 
     shelter, and medical care necessary to maintain physical 
     health, mental health, and general safety of children at such 
     programs;
       ``(C) policies for emergency medical care preparedness and 
     response, including minimum staff training and qualifications 
     for such responses; and
       ``(D) notification to appropriate staff at covered programs 
     if their position of employment meets the definition of 
     mandated reporter, as defined by the State;
       ``(2) develop policies and procedures to monitor and 
     enforce compliance with the licensing requirements developed 
     in accordance with paragraph (1), including--
       ``(A) designating an agency to be responsible, in 
     collaboration and consultation with State agencies providing 
     human services (including child protective services, and 
     services to children with emotional, psychological, 
     developmental, or behavioral dysfunctions, impairments, 
     disorders, or alcohol or substance abuse), State law 
     enforcement officials, the appropriate protection and 
     advocacy system, and courts of competent jurisdiction, for 
     monitoring and enforcing such compliance;
       ``(B) establishing a State licensing application process 
     through which any individual seeking to operate a covered 
     program would be required to disclose all previous 
     substantiated reports of child abuse and neglect and all 
     child deaths at any businesses previously or currently owned 
     or operated by such individual, except that substantiated 
     reports of child abuse and neglect may remain confidential 
     and all reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect;
       ``(C) conducting unannounced site inspections not less 
     often than once every two years at each location of a covered 
     program;
       ``(D) creating a non-public database, to be integrated with 
     the annual State data reports required under section 106(d), 
     of reports of child abuse and neglect at covered programs 
     operating in the State, except that such reports shall not 
     contain any personally identifiable information relating to 
     the identity of individuals who were the victims of such 
     child abuse and neglect; and
       ``(E) implementing a policy of graduated sanctions, 
     including fines and suspension and revocation of licences, 
     against covered programs operating in the State that are out 
     of compliance with such health and safety licensing 
     requirements;
       ``(3) if the State is not yet satisfying the requirements 
     of this subsection, in accordance with a determination made 
     pursuant to subsection (c), develop policies and procedures 
     for notifying the Secretary and the appropriate protection 
     and advocacy system of any report of child abuse and neglect 
     at a covered program operating in the State not later than 30 
     days after the appropriate State entity, or subdivision 
     thereof, determines such report should be investigated and 
     not later than 48 hours in the event of a fatality;
       ``(4) if the Secretary determines that the State is 
     satisfying the requirements of this subsection, in accordance 
     with a determination made pursuant to subsection (c), develop 
     policies and procedures for notifying the Secretary if--
       ``(A) the State determines there is evidence of a pattern 
     of violations of the standards required under paragraph (1) 
     at a covered program operating in the State or by an owner or 
     operator of such a program; or

[[Page H6078]]

       ``(B) there is a child fatality at a covered program 
     operating in the State;
       ``(5) develop policies and procedures for establishing and 
     maintaining a publicly available database of all covered 
     programs operating in the State, including the name and each 
     location of each such program and the name of the owner and 
     operator of each such program, information on reports of 
     substantiated child abuse and neglect at such programs 
     (except that such reports shall not contain any personally 
     identifiable information relating to the identity of 
     individuals who were the victims of such child abuse and 
     neglect and that such database shall include and provide the 
     definition of `substantiated' used in compiling the data in 
     cases that have not been finally adjudicated), violations of 
     standards required under paragraph (1), and all penalties 
     levied against such programs;
       ``(6) annually submit to the Secretary a report that 
     includes--
       ``(A) the name and each location of all covered programs, 
     including the names of the owners and operators of such 
     programs, operating in the State, and any violations of State 
     licensing requirements developed pursuant to subsection 
     (b)(1); and
       ``(B) a description of State activities to monitor and 
     enforce such State licensing requirements, including the 
     names of owners and operators of each covered program that 
     underwent a site inspection by the State, and a summary of 
     the results and any actions taken; and
       ``(7) if the Secretary determines that the State is 
     satisfying the requirements of this subsection, in accordance 
     with a determination made pursuant to subsection (c), develop 
     policies and procedures to report to the appropriate 
     protection and advocacy system any case of the death of an 
     individual under the control or supervision of a covered 
     program not later than 48 hours after the State is informed 
     of such death.
       ``(c) Secretarial Determination.--The Secretary shall not 
     determine that a State's licensing requirements, monitoring, 
     and enforcement of covered programs operating in the State 
     satisfy the requirements of this subsection (b) unless--
       ``(1) the State implements licensing requirements for such 
     covered programs that meet or exceed the standards required 
     under subsection (b)(1);
       ``(2) the State designates an agency to be responsible for 
     monitoring and enforcing compliance with such licensing 
     requirements;
       ``(3) the State conducts unannounced site inspections of 
     each location of such covered programs not less often than 
     once every two years;
       ``(4) the State creates a non-public database of such 
     covered programs, to include information on reports of child 
     abuse and neglect at such programs (except that such reports 
     shall not contain any personally identifiable information 
     relating to the identity of individuals who were the victims 
     of such child abuse and neglect);
       ``(5) the State implements a policy of graduated sanctions, 
     including fines and suspension and revocation of licenses 
     against such covered programs that are out of compliance with 
     the health and safety licensing requirements under subsection 
     (b)(1); and
       ``(6) after a review of assessments conducted under section 
     3(b)(2)(B) of the Stop Child Abuse in Residential Programs 
     for Teens Act of 2008, the Secretary determines the State is 
     appropriately investigating and responding to allegations of 
     child abuse and neglect at such covered programs.
       ``(d) Oversight.--
       ``(1) In general.--Beginning two years after the date of 
     the enactment of the Stop Child Abuse in Residential Programs 
     for Teens Act of 2008, the Secretary shall implement a 
     process for continued monitoring of each State that is 
     determined to be satisfying the licensing, monitoring, and 
     enforcement requirements of subsection (b), in accordance 
     with a determination made pursuant to subsection (c), with 
     respect to the performance of each such State regarding--
       ``(A) preventing child abuse and neglect at covered 
     programs operating in each such State; and
       ``(B) enforcing the licensing standards described in 
     subsection (b)(1).
       ``(2) Evaluations.--The process required under paragraph 
     (1) shall include in each State, at a minimum--
       ``(A) an investigation not later than 60 days after receipt 
     by the Secretary of a report from a State, or a subdivision 
     thereof, of child abuse and neglect at a covered program 
     operating in the State, and submission of findings to 
     appropriate law enforcement or other local entity where 
     necessary, if the report indicates--
       ``(i) a child fatality at such program; or
       ``(ii) there is evidence of a pattern of violations of the 
     standards required under subsection (b)(1) at such program or 
     by an owner or operator of such program;
       ``(B) an annual review by the Secretary of cases of reports 
     of child abuse and neglect investigated at covered programs 
     operating in the State to assess the State's performance with 
     respect to the appropriateness of response to and 
     investigation of reports of child abuse and neglect at 
     covered programs and the appropriateness of legal actions 
     taken against responsible parties in such cases; and
       ``(C) unannounced site inspections of covered programs 
     operating in the State to monitor compliance with the 
     standards required under section 3(a) of the Stop Child Abuse 
     in Residential Programs for Teens Act of 2008.
       ``(3) Enforcement.--If the Secretary determines, pursuant 
     to an evaluation under this subsection, that a State is not 
     adequately implementing, monitoring, and enforcing the 
     licensing requirements of subsection (b)(1), the Secretary 
     shall require, for a period of not less than one year, that--
       ``(A) the State shall inform the Secretary of each instance 
     there is a report to be investigated of child abuse and 
     neglect at a covered program operating in the State; and
       ``(B) the Secretary and the appropriate local agency shall 
     jointly investigate such report.''.
       (b) Authorization of Appropriations.--Section 112(a)(1) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106h(a)(1)) is amended by inserting before the period at the 
     end the following: ``, and $235,000,000 for each of fiscal 
     years 2009 through 2013''.
       (c) Conforming Amendments.--
       (1) Coordination with available resources.--Section 
     103(c)(1)(D) of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5104(c)(1)(D)) is amended by inserting after 
     ``specific'' the following: ``(including reports of child 
     abuse and neglect occurring at covered programs (except that 
     such reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect), as such term is 
     defined in section 114)''.
       (2) Further requirement.--Section 106(b)(1) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Further requirement.--To be eligible to receive a 
     grant under this section, a State shall comply with the 
     requirements under section 114(b) and shall include in the 
     State plan submitted pursuant to subparagraph (A) a 
     description of the activities the State will carry out to 
     comply with the requirements under such section 114(b).''.
       (3) Annual state data reports.--Section 106(d) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
     amended--
       (A) in paragraph (1), by inserting before the period at the 
     end the following: ``(including reports of child abuse and 
     neglect occurring at covered programs (except that such 
     reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect), as such term is 
     defined in section 114)''; and
       (B) in paragraph (6), by inserting before the period at the 
     end the following: ``or who were in the care of a covered 
     program, as such term is defined in section 114''.
       (d) Clerical Amendment.--Section 1(b) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5101 note) is amended 
     by inserting after the item relating to section 113 the 
     following new item:

``Sec. 114. Additional eligibility requirements for grants to States to 
              prevent child abuse and neglect at residential 
              programs.''.

     SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED PROGRAMS.

       (a) Study.--The Secretary of Health and Human Services 
     shall conduct a study, in consultation with relevant agencies 
     and experts, to examine the outcomes for children in both 
     private and public covered programs under this Act 
     encompassing a broad representation of treatment facilities 
     and geographic regions.
       (b) Report.--The Secretary shall submit to the Committee on 
     Education and Labor 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 subsection (a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. George Miller) and the gentleman from Pennsylvania (Mr. 
Platts) each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. Madam Speaker, I yield myself such 
time as I may consume.
  I rise in strong support of H.R. 6358, the Stop Child Abuse in 
Residential Programs for Teens Act of 2008.
  This legislation incorporates the bipartisan compromise amendment to 
H.R. 5876 that this House debated yesterday and supported by a vote of 
422 in a recorded vote that was taken on the substitute amendments.
  The ranking member, Mr. McKeon, and I worked together to develop this 
compromise legislation because we both agree that children's health and 
safety should never be a partisan issue.
  The Government Accountability Office has found thousands of cases and 
allegations of child abuse and neglect, stretching back decades, to 
teen residential programs, including boot camps, wilderness camps, and 
therapeutic boarding schools.
  The Education and Labor Committee has closely reviewed dozens of 
serious neglect and abuse cases, including cases that resulted in the 
death of a child. We have heard from parents of

[[Page H6079]]

children who died of preventable causes at the hands of untrained, 
uncaring staff members. We have heard from adults who attended these 
programs as teens. They too were the victims of physical and emotional 
abuse and witnessed other children being abused. These abuses have been 
allowed to go on because of the weak State and Federal rules governing 
teen residential programs.
  An 18-month study by the Government Accountability Office showed that 
State licensing may exclude certain types of teen residential programs 
and thus place children at higher risk of abuse and neglect. In some 
States inconsistent licensing enables programs to define themselves out 
of the licensing altogether. According to GAO, in Texas a program that 
calls itself a residential treatment center would be required to obtain 
a license, but if that same program simply called itself a boarding 
school, it would not be required to have that license, and that's why 
this legislation is terribly important.

                              {time}  1730

  Parents send their children to these programs because they feel they 
have exhausted their alternatives. Their children may be abusing drugs 
or alcohol, attempting to run away or physically harm themselves, or 
otherwise acting out. They turn to these programs because the promise 
of staff members that will help their children straighten out their 
lives. And surely there are many cases in which programs do provide 
families the help they need. These parents are desperate and their 
children are in deep trouble.
  But in far too many cases, when parents turn to those programs, they 
find they are getting conflicted information by people who have 
conflicts of interest in recommending the care for their children, 
financial conflicts of interest, ownership issues, and relationship 
issues that conflict that kind of advice.
  We also know that we see programs that violate the trust that must be 
established between the parent and these programs and the programs and 
the children. It's very difficult for these parents to find good 
programs and to find accurate information, since the reporting 
requirements are so thin or nonexistent in so many States.
  This legislation requires the Department of Health and Human Services 
to establish minimum standards for residential programs, and to enforce 
them. Ultimately, however, the States will have primary responsibility 
for carrying out the work of this bill.
  The legislation calls upon the States within 3 years to take up the 
role of setting standards and enforcing them at all programs, public 
and private. The Health and Human Services and the State standards 
would include prohibitions on physical, sexual, and mental abuse of 
children. The standards would require the programs to provide children 
with adequate food, water, and medical care.
  They would require that programs have plans in place to handle 
medical emergencies. They would also include new training requirements 
for program staff, including the training on how to identify and report 
child abuse.
  The legislation requires Health and Human Services to set up a toll-
free hotline for people to call to report abuse in these programs. It 
also requires Health and Human Services to create a Web site for 
information about each program so that parents can look and see if 
substantiated cases of child abuse or a child fatality has occurred at 
the program that they are considering for their children.
  Finally, the legislation requires programs to disclose to parents the 
qualifications, roles, and responsibilities of all current staff 
members, and requires programs to notify parents of substantiated child 
abuse or violations of health and safety laws.
  Madam Speaker, we have the responsibility to keep children safe, no 
matter what setting they are in. Today, we are taking an important step 
to finally ending the horrific abuses that have gone on in these 
residential programs for teens.
  I want to thank again Congresswoman McCarthy of New York for all of 
her help and work on this legislation, and Congressman McKeon for all 
of his work on this legislation. His suggestions as the bill left the 
committee made this a better piece of legislation, and I encourage my 
colleagues to support the bipartisan legislation.
  I reserve the balance of my time.
  Mr. PLATTS. Madam Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 6358, the Stop Child Abuse in 
Residential Programs for Teens Act. H.R. 6358 puts protections in place 
to guard against abuse, neglect, and death at residential treatment 
programs. These residential treatment programs help seriously troubled 
teens with drug addiction or behavioral or emotional problems. For many 
parents, they are a last resort when no other treatments or 
interventions have worked.
  Members on both sides of the aisle share a commitment to protect 
young people enrolled in residential treatment programs. Even one 
instance of abuse, neglect, or death is one too many.
  The bill we are considering today has been developed in an effort to 
reach a bipartisan consensus. It's important to note that the 
provisions in the version of this bill that the Education and Labor 
Committee reported in May have been revised or edited, including the 
requirement for the Department of Health and Human Services to 
establish a new bureaucracy to inspect every private residential 
treatment program in every State, and the requirement creating a new 
private right of action for lawsuits.
  This legislation ensures that the standards required in the bill 
apply to both public and private residential treatment programs. The 
language also contains strong background check requirements that ensure 
that before coming into contact with children, potential employees are 
thoroughly scrutinized with tools, including the National Sex Offender 
Registry and an FBI fingerprint check.
  Stopping child abuse is a necessary and essential function of State 
and local government. It is clear to me that the most effective and 
appropriate way to protect those enrolled in these programs is to 
require States to establish a system of standards, licensure, and 
regulation to ensure that States are working to stop instances of abuse 
and neglect at residential treatment programs. The Federal role is to 
ensure that States live up to their vital responsibilities in stopping 
abuse in these facilities.
  In this bill, the responsibility for licensing and inspecting these 
programs rests with the States and is tied to their receipt of funds 
under the Child Abuse Prevention and Treatment Act. The role of the 
Federal Government relates to establishing minimum standards and 
investigating instances of abuse and neglect upon a referral from a 
State.
  I think Members on both sides of the aisle can agree that there's 
still more work to be done. Just yesterday, Congresswoman Bachmann 
offered a proposal to strengthen parental notification and consent 
requirements regarding prescription medications given to teens at 
residential treatment facilities. Hopefully, this important issue will 
be further addressed as this legislation moves through the legislative 
process.
  In closing, it's important to acknowledge the great progress that has 
already been made to strike a bipartisan consensus. I especially want 
to commend Chairman Miller, Subcommittee Chairwoman McCarthy and 
Ranking Member McKeon, along with their staffs, for working together to 
strengthen this important effort to protect our nation's teens against 
abuse and neglect in residential treatment facilities. I stand in 
strong support of this important legislation and encourage my 
colleagues to also support it.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. I want to thank Congressman Platts 
for his support of this legislation.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H.R. 6358, ``Stop the Child Abuse in Residential Programs 
for Teens''. I would like to thank my colleagues on the Committee on 
Education and Labor for bringing this very important legislation to the 
floor.
  On Capitol Hill we often debate matters that can address varying 
viewpoints. I believe that this legislation can only be looked at from 
two angles--right and wrong. I do believe that this bill must restore 
the spot check visits by HHS which have been deleted--the agencies in 
Texas are guilty of many abuses and these visits can save children's 
lives.

[[Page H6080]]

  They are everybody's children, and nobody's children. They are the 
forgotten children in the Texas foster care and residential care 
system. Black, White, Hispanic, and Asian--they all need the love of a 
mother, the nurturing of a family, and the support of their community. 
Some of them find homes with caring foster parents or in treatment 
centers with experienced and caring providers. And some do not.
  This legislation allows us to keep our children safe with:
  New national standards for private and public residential programs:
  Prohibit programs from physically, mentally, or sexually abusing 
children in their care;
  Prohibit programs from denying children essential water, food, 
clothing, shelter, or medical care--whether as a form of punishment or 
for any other reason;
  Require that programs only physically restrain children if it is 
necessary for their safety or the safety of others, and to do so in a 
way that is consistent with existing Federal law on the use of 
restraints;
  Require programs to provide children with reasonable access to a 
telephone and inform children of their right to use the phone;
  Require programs to train staff in understanding what constitutes 
child abuse and neglect and how to report it; and
  Require programs to have plans in place to provide emergency medical 
care.
  Prevent deceptive marketing by residential programs for teens:
  Require programs to disclose to parents the qualifications, roles, 
and responsibilities of all current staff members;
  Require programs to notify parents of substantiated reports of child 
abuse or violations of health and safety laws; and
  Require programs to include a link or Web address for the Web site of 
the U.S. Department of Health and Human Services, which will carry 
information on residential programs.
  Hold teen residential programs accountable for violating the law:
  Require States to inform the U.S. Department of Health and Human 
Services of reports of child abuse and neglect at covered programs and 
require HHS to conduct investigations of such programs to determine if 
a violation of the national standards has occurred; and
  Give HHS the authority to assess civil penalties of up to $50,000 
against programs for every violation of the law.
  Ask States to step in to protect teens in residential programs: Three 
years after enactment, the legislation would provide certain Federal 
grant money to States only if they develop their own licensing 
standards (that are at least as strong as national standards) for 
public and private residential programs for teens and implement a 
monitoring and enforcement system, including conducting unannounced 
site inspections of all programs at least once every 2 years. The 
Department of Health and Human Services would continue to inspect 
programs where a child fatality has occurred or where a pattern of 
violations has emerged.
  This legislation seeks to protect the unprotected--our children--from 
abuse, neglect and exploitation. Many of these children are not safe, 
and their futures are uncertain. The groups serving children and 
adolescents with mental health or substance use conditions need better 
regulation. The youth boot camps and other ``alternative placement 
facilities'' should be forced to provide greater transparency as to the 
policies and practices of their programs.
  This legislation is a welcomed and needed response to numerous 
studies documenting the ineffectiveness of these programs and, in 
several instances, the tragic deaths as a result of child abuse and 
neglect as reported by the GAO in October 2007. Too many families 
struggle mightily in nearly every State to find placements, when 
appropriate, for their children that will address their complex mental 
health needs.
  These facilities flourish, in part, because parents lack the 
necessary information about the operation and practices of these 
programs. The promise of help cannot be allowed to obscure the fact 
that these kinds of programs are not science-based and have not been 
forthcoming about the incidence of neglect or abuse.
  This addresses the challenges facing many families. It seeks relief 
from these risks by (1) establishing standards for these programs that 
are consistent with current child protection laws; (2) ensuring that 
personnel are qualified; (3) shifting these programs to be family-
centered, as well as culturally and developmentally appropriate; (4) 
creating mechanisms for the monitoring and enforcement of these goals; 
(5) calling for greater transparency and accessibility to the 
compliance of these standards; and (6) providing grants to States for 
the prevention of child abuse and neglect and for the treatment of 
children's mental health or substance use conditions.
  Additionally, the annual report to Congress is an effective tool in 
ensuring that these critical issues emerge from the shadows and see the 
light of day. I share the vision and commitment of Chairman Miller and 
the Education and Labor Committee in protecting our youth from such 
predators.
  I urge my colleagues to vote for our children, vote for our families, 
and vote for H.R. 6358.
  Mr. GEORGE MILLER of California. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. George Miller) that the House suspend 
the rules and pass the bill, H.R. 6358.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PLATTS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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