[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[House]
[Pages H638-H640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     EXPEDITED REPORTING OF CHILD ABUSE AND NEGLECT TO STATE CHILD 
                          PROTECTIVE SERVICES

  Mr. MacARTHUR. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3894) to amend title 10, United States Code, to require the 
prompt notification of State Child Protective Services by military and 
civilian personnel of the Department of Defense required by law to 
report suspected instances of child abuse and neglect.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3894

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPEDITED REPORTING OF CHILD ABUSE AND NEGLECT TO 
                   STATE CHILD PROTECTIVE SERVICES.

       (a) Reporting by Military and Civilian Personnel of the 
     Department of Defense.--Section 1787 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsections (a) and (b) as subsections 
     (c) and (d), respectively; and
       (2) by inserting before subsection (c), as so redesignated, 
     the following new subsections:
       ``(a) Reporting by Military and Civilian Personnel.--A 
     member of the armed forces, civilian employee of the 
     Department of Defense, or contractor employee working on a 
     military installation who is mandated by Federal regulation 
     or State law to report known or suspected instances of child 
     abuse and neglect shall provide the report directly to State 
     Child Protective Services or another appropriate State agency 
     in addition to the member's or employee's chain of command or 
     any designated Department point of contact.
       ``(b) Training for Mandated Reporters.--The Secretary of 
     Defense shall ensure that individuals referred to in 
     subsection (a) who are mandated by State law to report known 
     or suspected instances of child abuse and neglect receive 
     appropriate training, in accordance with State guidelines, 
     intended to improve their--
       ``(1) ability to recognize evidence of child abuse and 
     neglect; and
       ``(2) understanding of the mandatory reporting requirements 
     imposed by law.''.
       (b) Conforming and Clerical Amendments.--Section 1787 of 
     title 10, United States Code, is further amended--
       (1) in subsection (c), as redesignated by subsection 
     (a)(1), by striking ``In General.--'' and inserting 
     ``Reporting by States.--''; and
       (2) in subsection (d), as redesignated by subsection 
     (a)(1)--
       (A) by striking ``(d) Definition.--In this section, the 
     term'' and inserting the following:
       ``(d) Definitions.--In this section:
       ``(1) The term''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, the Commonwealth of the 
     Northern Mariana Islands, Guam, the Virgin Islands, American 
     Samoa, the Federated States of Micronesia, the Republic of 
     the Marshall Islands, and the Republic of Palau.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Stefanik) and the gentlewoman from Hawaii (Ms. Gabbard) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Ms. STEFANIK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. STEFANIK. Mr. Speaker, I yield myself such time as I may consume.

[[Page H639]]

  I rise today in support of H.R. 3894, Talia's law, which would 
require military and Department of Defense civilian personnel working 
on a military installation to report instances of child abuse and 
neglect to State Child Protective Services in addition to their 
designated Department of Defense point of contact.

                              {time}  1730

  Our Nation is extremely proud of our military servicemembers and the 
sacrifices they endure to protect our national security. Members of our 
military's Active Duty Reserve component and the National Guard knit 
the blanket of freedom to keep us safe from those who wish to do us 
harm.
  Standing beside our Nation's brave servicemembers are the spouses and 
children who bear constant challenges and maintain resiliency 
throughout the continuous moves and the strain deployments incur on 
families.
  There are approximately 2 million children with one or both parents 
who serve in the U.S. military, and the support role these children 
fulfill is beyond significant and should be commended. Our Nation's 
military dependents face greater academic challenges and emotional 
stress due to relocation and attending multiple schools.
  It is difficult enough growing up and enduring adolescence without 
having to move every couple of years, face new surroundings, make new 
friends, and all the while having a mother or father serving our Nation 
in harm's way.
  Military children must rely on their loved ones, family, friends, and 
their parents to get through the struggles that only a military 
household can understand.
  However, it is when those individuals, those adults who these 
children trust the most, hurt them in any way. It is inexcusable. Our 
children are truly our Nation's future, and anyone who abuses or 
neglects a child is appalling and must be held accountable.
  That is why I stand here today in support of H.R. 3894, an imperative 
piece of legislation which would require a childcare provider located 
on a DOD installation to report any signs of child abuse or neglect 
directly to Child Protective Services and the provider's chain of 
command.
  Not only does this bill enforce the reporting procedure, but it also 
requires those individuals who work with children on an installation 
receive the necessary training to recognize child abuse as well as 
fully understand the reporting requirements.
  I applaud my Committee on Armed Services colleague and friend, Ms. 
Gabbard, for her leadership on this issue and encourage the rest of my 
House colleagues to support this important bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. GABBARD. Mr. Speaker, I yield myself such time as I may consume.
  In 2005, 5-year-old Talia Williams was beaten to death by her own 
father, who was stationed at Schofield Barracks in Hawaii at the time. 
Talia suffered through months and months of abuse from her father and 
her stepmother, which ultimately led to her death.
  Why didn't someone do something? Why was this allowed to occur? Why 
didn't someone take action to stop this horrific abuse that was visible 
to so many who knew Talia? There were multiple reports that were made 
to military officials, but when it came right down to it, nothing was 
done to take Talia out of harm's way.
  I am rising today to ask my colleagues to support my bill, H.R. 3894, 
Talia's Law, because more than 10 years after Talia's tragic death, the 
same gaps in the military's reporting requirements that failed to 
protect Talia remain unchanged. In fact, over the last decade, there 
have been 29,000 cases of child abuse and neglect in military homes.
  Now, outside of the military, in the civilian world, doctors, 
psychologists, social workers, teachers, or other professionals who 
work closely with children are required to report any suspected cases 
of child abuse and neglect directly to that State's Child Protective 
Services.
  But the military's reporting requirements do not require that direct 
reporting to State authorities. So reports of Talia's suspected abuse 
never reached the Hawaii Child Protective Services. Instead, they 
stayed within the Army's chain of command.
  Now, I know there were a lot of people around Talia who had good 
intentions and who were gravely concerned about the abuse that they 
were seeing, but the fact remains that Talia was never removed from 
this abusive environment.
  To close this gap and fix this problem, Talia's Law requires the same 
protections that exist for any other child, whether they are in a 
military household or not. This bill requires immediate and direct 
reporting to State Child Protective Services in cases of suspected 
abuse and neglect.
  I recently spoke to Talia's mother, Tarshia, who knows that this bill 
will not bring Talia back, it cannot right the wrongs that failed to 
protect Talia.
  But what she does know and what she does hope is that the passage of 
this bill will take an important step forward in helping to better 
protect the thousands of other children in military families who may be 
facing this same situation and get them the care and services that they 
deserve.
  Mr. Speaker, I strongly urge my colleagues to honor Talia and all of 
our children in military families and support H.R. 3894.
  I would also like to thank my colleague, the gentlewoman from New 
York (Ms. Stefanik) for her very thoughtful remarks on this and for 
championing Talia's Law to be able to help these children who are 
facing numerous challenges and who deserve better than to have this 
kind of abuse.
  Mr. Speaker, I reserve the balance of my time.
  Ms. STEFANIK. Mr. Speaker, I reserve the balance of my time.
  Ms. GABBARD. Mr. Speaker, I yield 5 minutes to the gentleman from 
Hawaii (Mr. Takai), my friend and colleague, the distinguished 
gentleman representing Hawaii's First Congressional District.
  Mr. TAKAI. Mr. Speaker, today I rise in favor of a bill my friend and 
colleague Tulsi Gabbard and I have introduced.
  H.R. 3894, Talia's Law, gets its name from a 5-year-old girl named 
Talia Williams who was beaten to death at the hands of her father, an 
Army soldier stationed at Schofield Barracks in Hawaii.
  We in Hawaii and all across the country are so thankful for the 
sacrifices our servicemen and servicewomen make to protect our 
freedoms, but we also have a duty to protect the most vulnerable among 
us, our children. In Hawaii, we call them our keiki.
  As a father myself, I am proud to stand up for Talia's Law, which 
would require prompt reporting of possible abuses not only to a 
military supervisor, but also prompt reporting of possible abuse and 
neglect to the State's Child Protective Services. It would strengthen 
reporting requirements for these allegations and make sure that they 
are properly investigated.
  I hope that, as we deliberate this bill, we also draw attention to 
the fact that Congress can come together and should come together to 
provide better access to resources for those in uniform suffering from 
wounds that may not be visible to the eyes.
  I ask for the consideration of this bill and its urgent passage. 
These children, our keiki, and all the victims of abuse and neglect 
cannot wait.
  Ms. GABBARD. Mr. Speaker, I yield back the balance of my time.
  Ms. STEFANIK. Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 3984, 
legislation requiring military and civilian personnel of the Department 
of Defense required by law to report suspected instances of child abuse 
and neglect to do so promptly and directly to State child protective 
service agencies.
  I support this legislation sponsored by Congresswoman Tulsi Gabbard 
of Hawaii, a good friend and veterans of the Armed Services, because no 
child should have to bear the pain and suffering of abuse or neglect 
alone.
  Mr. Speaker, the reason this important legislation is needed is 
illustrated by the tragic and heart breaking case of Talia Williams, an 
innocent and loving 5-year old girl who was beaten to death by her 
father, an active-duty infantryman stationed in Hawaii.
  After investigation and through subsequent legal proceedings, it came 
to light that before being murdered, precious Talia had suffered 
through months of torture and abuse by both her father and stepmother.
  Even worse, Mr. Speaker, it was revealed that multiple federal 
employees, including military police and workers at her on-base child

[[Page H640]]

care facility, failed to report suspected signs of Talia's abuse.
  But the shocking case of Talia Williams is not isolated; it is 
estimated that more than 29,000 children have been abused in military 
homes over the past decade.
  The system failed Talia Williams but it is not too late to save other 
children at risk by passing H.R. 3894.
  Under current law, Family Advocacy Programs operated by the Armed 
Forces are to identify individuals who are mandated to report known or 
suspected cases of child abuse to designated ``points of contact,'' who 
then are to conduct an assessment investigation into the reported abuse 
and to communicate with State child protective services agencies.
  H.R. 3894 amends current law and requires DoD professionals who come 
into contact with children such as physicians, psychologists, social 
workers, and teachers to report suspected instances of abuse or neglect 
directly to the State child protective services agencies in addition to 
Defense Department points of contact or chain of command.
  H.R. 3894 also requires these ``mandated reporters'' to receive 
training in accordance with state guidelines in order to improve their 
ability to recognize evidence of child abuse and neglect and understand 
mandatory reporting requirements imposed by law.
  Mr. Speaker, it is too late to save Talia Williams but out of the 
horrific tragedy that claimed her life, it is possible to identify and 
save other children from a similar fate.
  H.R. 3894 will help ensure that instances of child abuse and neglect 
are recognized and reported immediately by empowering appropriate 
military and civilian personnel in the Department of Defense with the 
skills and training need to recognize evidence of child abuse and 
neglect and to place on them an affirmative duty to report instances of 
suspected abuse or neglect promptly and directly to child protective 
agencies.
  I urge all Members to join me in voting to pass H.R. 3894.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Stefanik) that the House suspend the 
rules and pass the bill, H.R. 3894.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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