[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6334-S6338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 1667. A bill to require certain standards and enforcement 
provisions to prevent child abuse and neglect in residential programs, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. HARKIN. Mr. President, I am delighted to introduce this bill 
today. This legislation will play a critical role in ensuring the 
safety of our Nation's youth who especially deserve to be safe and 
cared for when they are trying to get better in a residential treatment 
facility. This bill is a companion to The Stop Child Abuse in 
Residential Programs for Teens Act, which was introduced in the House 
today by Representative George Miller. I commend Representative Miller 
for his commitment to this important issue.
  The emotional and mental well-being of our Nation's youth is of 
paramount importance. In recent years, the prevalence of child abuse in 
residential facilities has jeopardized the livelihood of our nation's 
next generation. In 2005, The Government Accountability Office reported 
over 1,500 incidences of abuse and neglect by facility staff in 34 
States. These incidences included shocking cases in which youth were 
denied food and water or held in stress positions for extended periods 
of time. In 2006, 28 States reported at least one death in a 
residential facility. This includes my State of Iowa and this is simply 
unacceptable. These deaths were a result of accidents or suicides that, 
in some instances, may have been caused by a lack of supervision or 
neglect. In 2009, 1,770 children and youth died from maltreatment, 
which in some cases, may be attributed to the inexperienced staff 
members who lack the proper training or qualifications to serve in 
their roles.
  This legislation will make significant strides in improving the 
quality of care in residential program facilities. This bill will make 
improvements in four key areas that will ensure that our children and 
youth our safe. First, it includes new national standards that will 
prevent residential facilities from physically, mentally, or sexually 
abusing children in their care. Second, this bill increases 
transparency on qualifications, roles, and responsibilities of all 
current staff members. Third, it increases restrictions that will hold 
residential programs accountable for violating the law. Lastly, this 
bill allows states the opportunity to step in to protect teens in 
residential programs.

[[Page S6335]]

  I want to take a moment to acknowledge the youth who have lost their 
lives while in the care of a residential treatment facility and their 
parents and families. No child should be forced to suffer abuse, 
neglect, injury, or even death while they are trying to better 
themselves in a residential program.
  I would also like to mention those who have worked so hard on my 
staff. I would like to thank Dan Smith and Pam Smith, who do a great 
job shepherding the undertakings of our committee. I would like to 
thank Bethany Little, David Johns, Ashley Eden and Michael Gamel-
McCormick of my staff. This is a critical step forward to making sure 
that we ensure the safety of America's youth.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1667

       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 2011''.

     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 3 of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 
     note).
       (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--

       (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 3 of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5101 note).

     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 covered program, 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, chemical, 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 with 
     unsupervised contact with children and youth, or more than 30 
     hours of supervised contact time per year, 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;

[[Page S6336]]

       (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;
       (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 2012 through 2016 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 2011;
       ``(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

[[Page S6337]]

     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
       ``(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 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)(1)(B) of the Stop Child Abuse in Residential Programs 
     for Teens Act of 2011, 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 2011, 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 2011.
       ``(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 striking ``$120,000,000'' and all 
     that follows through the period and inserting ``$235,000,000 
     for each of fiscal years 2012 through 2016.''.
       (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:
       ``(D) 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''.

[[Page S6338]]

       (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 of Health and Human Services 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     the Workforce of the House of Representatives a report that 
     contains the results of the study conducted under subsection 
     (a).
                                 ______