[Congressional Record Volume 162, Number 74 (Wednesday, May 11, 2016)]
[House]
[Pages H2248-H2253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INFANT PLAN OF SAFE CARE IMPROVEMENT ACT
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4843) to amend the Child Abuse Prevention and Treatment Act
to require certain monitoring and oversight, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4843
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 ``Infant Plan of Safe Care
Improvement Act''.
SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE.
Section 103(b) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5104(b)) is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) maintain and disseminate information about the
requirements of section 106(b)(2)(B)(iii) and best practices
relating to the development of plans of safe care as
described in such section for infants born and identified as
being affected by illegal substance abuse or withdrawal
symptoms, or a Fetal Alcohol Spectrum Disorder;''.
SEC. 3. STATE PLANS.
Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by
inserting before the semicolon at the end the following: ``to
ensure the safety and well-being of such infant following
release from the care of healthcare providers, including
through--''
``(I) addressing the health and substance use disorder
treatment needs of the infant and affected family or
caregiver; and
``(II) the development and implementation by the State of
monitoring systems regarding the implementation of such plans
to determine whether and in what manner local entities are
providing, in accordance with State requirements, referrals
to and delivery of appropriate services for the infant and
affected family or caregiver''.
SEC. 4. DATA REPORTS.
(a) In General.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended
by adding at the end of the following:
``(17)(A) The number of infants identified under subsection
(b)(2)(B)(ii).
``(B) The number of infants for whom a plan of safe care
was developed under subsection (b)(2)(B)(iii).
``(C) The number of infants for whom a referral was made
for appropriate services, including services for the affected
family or caregiver, under subsection (b)(2)(B)(iii).''.
(b) Redesignation.--Effective on May 29, 2017, section
106(d) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(d)) is amended by redesignating paragraph (17)
(as added by subsection (a)) as paragraph (18).
SEC. 5. MONITORING AND OVERSIGHT.
(a) Amendment.--Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is further amended by
adding at the end the following:
``SEC. 114. MONITORING AND OVERSIGHT.
``The Secretary shall conduct monitoring to ensure that
each State that receives a grant under section 106 is in
compliance with the requirements of section 106(b), which--
``(1) shall--
``(A) be in addition to the review of the State plan upon
its submission under section 106(b)(1)(A); and
``(B) include monitoring of State policies and procedures
required under clauses (ii) and (iii) of section
106(b)(2)(B); and
``(2) may include--
``(A) a comparison of activities carried out by the State
to comply with the requirements of section 106(b) with the
State plan most recently approved under section 432 of the
Social Security Act;
``(B) a review of information available on the Website of
the State relating to its compliance with the requirements of
section 106(b);
``(C) site visits, as may be necessary to carry out such
monitoring; and
``(D) a review of information available in the State's
Annual Progress and Services Report most recently submitted
under section 1357.16 of title 45, Code of Federal
Regulations (or successor regulations).''.
(b) Table of Contents.--The table of contents in 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:
``Sec. 114. Monitoring and oversight.''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
shall be construed to authorize the Secretary of Health and
Human Services or any other officer of the Federal Government
to add new requirements to section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)), as amended
by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentlewoman from Massachusetts (Ms.
Clark) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 4843.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H.R. 4843, the Infant Plan of Safe
Care Improvement Act.
Every 25 minutes in America, a baby is born suffering from opiate
withdrawal. It is an eye-opening statistic. The more you consider what
it really means, the more tragic it becomes.
Every 25 minutes a child enters the world having already been exposed
to drugs. Every 25 minutes a newborn has to pay the price for something
that he or she was defenseless against. Every 25 minutes another infant
becomes a victim of the national opiate crisis.
These are the victims this bill will help protect. Federal policies,
including the Child Abuse Prevention and Treatment Act, or CAPTA, have
long supported State efforts to identify, assess, and treat children
who are victims of abuse and neglect.
The law provides States with resources to improve their child
protective services systems if they assure the Department of Health and
Human Services that they have put in place certain child welfare
policies, for example, requiring healthcare providers to notify child
protective service agencies when a child is born with prenatal illegal
substance exposure and requiring the development of something known as
a safe care plan to keep these newborns and their caregivers healthy
and safe.
Last year a Reuters investigation examined the care that infants
receive when they are born to parents struggling with opiate addiction.
The investigation detailed the heartbreaking consequences those infants
had to endure, consequences like suffering through the physical pain of
withdrawal and, in the most shocking cases, terrible deaths.
It is hard to imagine that stories like these could be any more
tragic. Unfortunately, they are because they should have and, in many
cases, could have been prevented. As Reuters revealed, HHS is providing
Federal funds to States that do not have the necessary child welfare
policies in place.
In short, the law is not being properly followed and enforced and
some of our most vulnerable children and families are slipping through
the cracks.
That is why Representative Clark and I worked with a number of our
colleagues on both sides of the aisle and introduced the legislation
before us today. The bill requires HHS to better ensure States are
meeting their legal responsibilities when it comes to preventing and
responding to child abuse and neglect.
Through a number of commonsense measures, it strengthens protections
for infants born with illegal substance exposure, improves
accountability related to the care of infants and their families, and
ensures States will have the best practices for developing plans to
keep infants and their caregivers healthy and safe.
As the House works this week to fight the opiate epidemic that is
destroying communities and lives across the country, these are
commonsense reforms that we all should embrace. By working together and
advancing this legislation, we can help ensure these children, their
mothers, and their families have the help they need and the care that
they deserve.
I urge my colleagues to support this bipartisan legislation.
I reserve the balance of my time.
Ms. CLARK of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
I am pleased to join with Representative Barletta to introduce this
important bill to help the most vulnerable victims of the opioid
epidemic.
[[Page H2249]]
In every corner of our country, the opioid crisis is having a
devastating effect. In Massachusetts, last year 1,379 people succumbed
to fatal overdoses. Nationwide, drug overdoses are the leading cause of
accidental death and we lose 129 people a day to fatal drug overdoses.
This epidemic doesn't see race, gender, income, or political ideology
and does not spare newborns and infants.
We know that every 25 minutes a baby is born suffering from opioid
withdrawal symptoms. This is a condition known as neonatal abstinence
syndrome. While there is no silver bullet to address this crisis in our
country, this bill takes important steps to help.
This bill, the Infant Plan of Safe Care Improvement Act, strengthens
and updates the care plans required by the Child Abuse Prevention and
Treatment Act of 1974, also known as CAPTA.
CAPTA itself is up for reauthorization. This is just one portion of
that important legislation where timely reauthorization will protect
children in many different and difficult situations.
This legislation will help infants by ensuring that States have
access to the best practices for establishing safe care plans for
newborns with prenatal substance exposure.
It will also improve accountability by collecting data on the
incidence of babies born exposed to drugs and the care that is provided
to them and their families.
Perhaps most importantly, it will prevent tragedies by ensuring that
babies and their moms and their families have the supports they need to
be healthy and to build a future. We know that children have the best
opportunity to thrive when their parents and caregivers are at the
center of care.
I am grateful to the partnership with Representative Barletta and
glad that we are taking this important step with this bill to ensure
that the whole family is healthy and successful and supported.
I urge my colleagues to support this bill.
I reserve the balance of my time.
Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Kline), the chairman of the Education and the Workforce
Committee.
Mr. KLINE. Mr. Speaker, I thank Mr. Barletta for yielding the time
and for his leadership on this issue.
Mr. Speaker, I rise today in strong support of the Infant Plan of
Safe Care Improvement Act. Like many of the bills the House has slated
to consider this week, this legislation will help address the growing
opioid epidemic that has swept across America, focusing specifically on
the most vulnerable among us.
This crisis has led to a number of painful consequences for
individuals and families across the country. But few are as tragic as
those suffered by infants born to parents struggling with an opioid
addiction.
As is often the case with addiction, the parents' struggle affects
those around them, including their newborns. In fact, according to a
recent Reuters investigation mentioned earlier by Mr. Barletta, more
than 130,000 babies born in the United States in the last decade
entered the world addicted to drugs.
This report described the pain suffered by newborns going through
withdrawal and told the stories of infants who actually lost their
lives because of a terrible addiction. Many of the stories are too
disturbing to even mention. But perhaps even more disturbing than the
details is the fact that these deaths should have been prevented.
Current policies, including the Child Abuse Prevention and Treatment
Act, are meant to prevent these tragedies from ever happening. The law
is simple. If a State wants to receive Federal funding, then the State
has to provide some basic assurances about their child welfare
policies. The Department of Health and Human Services has a
responsibility to ensure those policies are actually in place.
As we now know all too well, this important Federal law is not being
properly followed and enforced. Earlier this year I sent a letter to
the Department of Health and Human Services to better understand how it
works with States to ensure they are meeting current child welfare
requirements.
Not surprisingly, the Department passed the buck and suggested recent
changes to the law somehow absolved them from their enforcement
responsibilities, a disappointing response, to say the least.
Fortunately, thanks to the work of Mr. Barletta and Ms. Clark, we are
here today to consider our response to this preventable problem: the
bill before us today. I appreciate their leadership in developing a
bipartisan bill that will require the Department to do its job and
assist States in their efforts to prevent and respond to child abuse
and neglect.
I urge my colleagues to support this important legislation and to
help ensure the most vulnerable victims of the opioid epidemic receive
the help and care they desperately need.
Ms. CLARK of Massachusetts. Mr. Speaker, I yield 3 minutes to the
gentleman from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of H.R. 4843,
the Infant Plan of Safe Care Improvement Act.
Mr. Speaker, one of our highest national priorities should be to
ensure that children have early quality opportunities to remove
barriers to success in future life. But children born dependent on
addictive substances face severe obstacles to overcome, and we know
that many of these obstacles can be removed.
The Child Abuse Prevention and Treatment Act, CAPTA, is meant to
support infants born addicted to these illegal substances.
Unfortunately, nearly every State fails to follow the CAPTA
requirements, which work to ensure that children born of these
circumstances have a plan of safe care that will help them grow up
healthy.
H.R. 4843 is a strong positive first step to safeguard the well-being
of our Nation's most vulnerable children. It will strengthen an
infant's plan of safe care. It will help families and caregivers give
the guidance and support they need in order to provide a nurturing
environment for these children.
I welcome this bipartisan agreement to amend CAPTA as part of the
comprehensive efforts to intervene and treat those affected by
substance abuse. I therefore urge my colleagues to support H.R. 4843.
Ms. CLARK of Massachusetts. Mr. Speaker, I want to thank the
gentleman from Virginia (Mr. Scott) for his leadership on this issue
and so many involving the welfare and health of our children.
I reserve the balance of my time.
Mr. BARLETTA. Mr. Speaker, in response to an inquiry from the
Education and the Workforce Committee Chairman Kline and Chairman
Rokita of the Subcommittee on Early Childhood, Elementary, and
Secondary Education, HHS indicated that it would request additional
information from States regarding their child protective services
notification processes and plans of safe care policies. HHS has started
this process.
I include in the Record the HHS Children's Bureau Program Instruction
requesting this additional information.
U.S. Department of Health and Human Services
Administration on Children, Youth and Families
1. Log No: ACYF-CB-PI-16-03
2. Issuance Date: April 13, 2016
3. Originating Office: Children's Bureau
4. Key Words: Title IV-B Child and Family Services Plan;
Annual Progress and Services Report; Child Abuse Prevention
and Treatment Act State Plan; Chafee Foster Care Independence
Program; Education and Training Vouchers Program
PROGRAM INSTRUCTION
To: State Agencies, Territories, and Insular Areas
Administering or Supervising the Administration of Title IV-
B, subparts 1 and 2, and Title IV-E of the Social Security
Act (the Act); Organization Designated by the Governor to
Apply for Child Abuse and Neglect Prevention and Treatment
Programs State Grant Funds; State Independent Living and
Education and Training Voucher Coordinators.
Subject: June 30, 2016, submission of: (1) the second
Annual Progress and Services Report (APSR) to the 2015-2019
Child and Family Services Plan (CFSP) for the Stephanie Tubbs
Jones Child Welfare Services (CWS), the Promoting Safe and
Stable Families (PSSF) and Monthly Caseworker Visit Grant
programs; and the Chafee Foster Care Independence Program
(CFCIP) and the Education and Training Vouchers (ETV)
Program; (2) the Child Abuse Prevention and Treatment Act
(CAPTA) State Plan update; and (3) the CFS-101, Part I,
Annual Budget Request, Part II, Annual Summary of Child and
Family Services, and Part III, Annual Expenditure Report-
Title IV-B, subparts 1 and 2, CFCIP, and ETV.
[[Page H2250]]
Legal and Related References: Title IV-B, subparts 1 and 2,
sections 421-425, 428, 430-438, and title IV-E, section 477
of the Act; sections 106 and 108 of CAPTA (42 U.S.C. 5106a.
and 5106d.), as amended by Public Law (P.L.) 111-320, the
CAPTA Reauthorization Act of 2010; the Indian Child Welfare
Act. (ICWA) of 1978 (P.L. 95-608); the Indian Self-
Determination and Education Assistance Act (P.L. 93-638); 45
CFR Parts 1355 and 1357; The Fostering Connections to Success
and Increasing Adoptions Act of 2008 (P.L. 110-351); the
Patient Protection and Affordable Care Act (P.L. 111-148);
the Child and Family Services Improvement and Innovation Act
of 2011 (P.L. 112-34); the Preventing Sex Trafficking and
Strengthening Families Act (P.L. 113-183); and the Justice
for Victims of Trafficking Act of 2015 (P.L. 114-22).
Purpose: This Program Instruction (PI) provides guidance to
states, territories, and insular areas (hereafter ``states,''
unless otherwise noted) on actions they are required to take
to receive their allotments for federal fiscal year (FY) 2017
(subject to the availability of appropriations) authorized
under title IV-B, subparts 1 and 2, section 106 of CAPTA,
CFCIP and ETV programs.
This PI summarizes the actions required in completion and
submission of (1) the second APSR to the 2015-2019 CFSP, (2)
the CAPTA Update, and (3) the CFS-101, Parts I, II, and III.
A separate PI addresses requirements for tribes, tribal
consortia, and tribal organizations applying for funding
under these programs.
We note that the title IV-B programs (subparts 1 and 2) are
required to be reauthorized periodically by the Congress. The
Child and Family Services Improvement and Innovation Act,
signed into law on September 30, 2011, last reauthorized
funding for these programs for five years through FY 2016.
The guidance provided in this PI assumes that the programs
will be extended without significant changes. Should new
legislation be enacted that would affect the steps that
states must take to receive funding for FY 2017, additional
guidance will be provided.
INFORMATION: Organization of the Program Instruction
Section A. Background
Section B. Continued Integration of the Child and Family
Services Review Process with the CFSP/APSR
Section C. Requirements for 2017 APSR (Due June 30, 2016)
Section D. CAPTA State Plan Requirements and Update
Section E. Chafee Foster Care Independence Program
Section F. Updates to Targeted Plans within the 2015-2019
CFSP
Section G. Statistical and Supporting Information
Section H. Financial Information
Section I. Instructions for the Submission of the 2017 APSR
for States, Puerto Rico, and the District of Columbia
Section J. Submittal Rule for Insular Areas
Attachments
Section D. Child Abuse Prevention and Treatment Act (CAPTA) State Plan
Requirements and Update
States submitted a plan for the CAPTA State Grant on June
30, 2011. Once approved by CB, the CAPTA State Plan remains
in effect for the duration of the state's participation in
the CAPTA State Grant program. However, section 108(e) of
CAPTA requires states receiving a CAPTA State Grant to submit
an annual report describing its use of the grant. To
facilitate coordination between the CAPTA State Plan and the
title IV-B plan, as required by section 106(b)(2)(A) of
CAPTA, CB requires that the annual report describing use of
CAPTA funds be submitted with the APSR. In addition, CB
encourages states to use CAPTA State Grant funds in a manner
that aligns with and supports their overall goals for the
delivery and improvement of child welfare services, as they
continue to implement their 2015-2019 CFSP and APSR goals.
In the State's 2017 Annual CAPTA Report
Describe substantive changes, if any, to state law or
regulations, including laws and regulations relating to the
prevention of child abuse and neglect, that could affect the
state's eligibility for the CAPTA State Grant (section
106(b)(1)(C)(i) of CAPTA). The state must also include an
explanation from the State Attorney General as to why the
change would, or would not, affect eligibility. (Note: States
do not have to notify ACF of statutory changes or submit them
for review if they are not substantive and would not
affect eligibility.)
Describe any significant changes from the state's
previously approved CAPTA plan in how the state proposes to
use funds to support the 14 program areas enumerated in
section 106(a) of CAPTA. (See section 106(b)(1)(C)(ii) of
CAPTA).
Describe how CAPTA State Grant funds were used, alone or in
combination with other federal funds, in support of the
state's approved CAPTA plan to meet the purposes of the
program since the state submitted its last update on June 30,
2015 (section 108(e) of CAPTA).
Submit a copy of the annual report(s) from the citizen
review panels and a copy of the state agency's most recent
response(s) to the panels and state and local child
protective services agencies, as required by section
106(c)(6) of CAPTA.
Update on Services to Substance-Exposed Newborns
In addition to the information outlined above, CB requests
an update from states on implementation of CAPTA provisions
relating to substance-exposed newborns. Sections
106(b)(2)(B)(ii) and (iii) of CAPTA require states to have a
statewide program relating to child abuse and neglect that
includes:
--policies and procedures (including appropriate referrals
to child protection service systems and for other appropriate
services) to address the needs of infants born with and
identified as being affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug exposure, or
a Fetal Alcohol Spectrum Disorder, including a requirement
that health care providers involved in the delivery or care
of such infants notify the child protective services system
of the occurrence of such condition of such infants, except
that such notification shall not be construed to--
I. establish a definition under Federal law of what
constitutes child abuse or neglect; or
II. require prosecution for any illegal action.
--the development of a plan of safe care for the infant
born and identified as being affected by illegal substance
abuse or withdrawal symptoms or Fetal Alcohol Spectrum
Disorder.
The most recent national data on child abuse and neglect
from the National Child Abuse and Neglect Data System
(NCANDS) showed increases in FY 2014 compared to FY 2013 in
the number of children referred to CPS, the number of
children who received a CPS investigation or alternative
response and the number of children who were determined to be
victims of child abuse and neglect. While increases
nationally were relatively small, some states saw increases
of 15 percent or more in the number of children determined to
be victims. Nationally, states reported to NCANDS that more
than one-quarter (27.4%) of victims were younger than 3 years
and that the victimization rate was highest for children
younger than 1 year (24.4 per 1,000 children in the
population of the same age).
State commentary and data on risk factors associated with
reports of abuse and neglect indicate that caretaker alcohol
and drug abuse are significant factors associated with
reports of child abuse and neglect. For states reporting to
NCANDS, 9.2 percent of victims and 3.8 percent of nonvictims
were reported with the alcohol abuse caregiver risk factor
and 26.0 percent of victims and 8.2 percent of nonvictims
were reported with the drug abuse caregiver risk factor.
Beyond reports to NCANDS, increasing public attention is
being paid to the significant effect of opioid addiction on
individuals, families and communities.
In light of these trends, states are requested to provide
an update on their implementation of these provisions of
CAPTA.
In the 2017 CAPTA Annual Report
Describe the policies and procedures the state has in place
to address the needs of infants born with and identified as
being affected by illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure, or a Fetal
Alcohol Spectrum Disorder, including a requirement that
health care providers involved in the delivery or care of
such infants notify the child protective services system of
the occurrence of such condition of such infants (section
106(b)(2)(B)(ii) of CAPTA). We note that such notification
should occur in any instance in which an infant is
demonstrating withdrawal symptoms due to prenatal drug
exposure, whether the drugs were obtained legally or
illegally.
Describe the state's policies and procedures for developing
a plan of safe care for infants born and identified as being
affected by illegal substance abuse or withdrawal symptoms or
Fetal Alcohol Spectrum Disorder (section 106(b)(2)(B)(iii)).
Describe which agency or entity is responsible for developing
a plan of safe care, how it is monitored and how follow-up is
conducted to ensure the safety of these infants.
Describe any technical assistance the state needs to
improve practice and implementation in these areas, including
how to support mothers and families, as well as infants,
through a plan of safe care.
Amendments to CAPTA made by P.L. 114-22, the Justice for
Victims of Trafficking Act of 2015:
As noted in Section A of this PI, the Justice for Victims
of Trafficking Act of 2015 included amendments to CAPTA that
become effective on May 29, 2017.
The law amended CAPTA's definition of ``child abuse and
neglect'' and ``sexual abuse'' by adding a special rule that
a child shall be considered a victim of `child abuse and
neglect' and of `sexual abuse' if the child is identified, by
a state or local agency employee of the state or locality
involved, as being a victim of sex trafficking or severe
forms of trafficking (as defined in sections 103(9)(A) and
(10) of the Trafficking Victims Protection Act (TVPA)).
--As defined in section 103(10) of TVPA, ``sex
trafficking'' means the recruitment, harboring,
transportation, provision, obtaining, patronizing, or
soliciting of a person for the purpose of a commercial sex
act.
--As defined in section 103(9)(A) of TVPA, ``severe forms
of trafficking in persons'' means sex trafficking in which a
commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not
attained 18 years of age.
[[Page H2251]]
The amendments also specify that, notwithstanding the
general definition of a ``child'' in CAPTA, a state may opt
to apply the sex trafficking portion of the definition of
``child abuse and neglect'' and ``sexual abuse'' to a person
who has not attained age 24.
In addition to expanding the definitions of child abuse and
neglect and sexual abuse applicable to the CAPTA State Grant,
the law added new requirements to the list of assurances a
state must provide to receive a CAPTA State Grant. Each state
will now need to provide an assurance that the state has in
effect and is operating a statewide program, relating to
child abuse and neglect that includes:
--provisions and procedures regarding identifying and
assessing all reports involving known or suspected child sex
trafficking victims (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000 (TVPA) (22 U.S.C.
7102)); and
--provisions and procedures for training CPS workers about
identifying, assessing and providing comprehensive services
to children who are sex trafficking victims, including
efforts to coordinate with state law enforcement, juvenile
justice, and social service agencies such as runaway and
homeless youth shelters.
Finally, the amendments add to the list of data elements a
state must annually report, to the maximum extent
practicable, as a condition of receiving their CAPTA State
Grant. Beginning with submission of FY 2018 data, the CB
expects to ask states to report the number of children who
are victims of sex trafficking. The CB anticipates collecting
this information through NCANDS. Additional information on
NCANDS data reporting will be provided separately from this
PI.
In the 2017 CAPTA Annual Report
Describe the steps that the state is taking or will need to
take to address the amendments to CAPTA relating to sex
trafficking in order to implement those provisions by May 29,
2017.
Provide an assessment of the changes the state will need to
make to its laws, policies or procedures to ensure that
victims of sex trafficking, as defined in sections 103(9)(A)
and (10) of the TVPA, are considered victims of child abuse
and neglect and sexual abuse. We note that it is likely that
some states will need to make changes to state laws to come
into compliance. Indicate whether the state is electing to
apply the sex trafficking portion of the definition of
``child abuse and neglect'' and ``sexual abuse'' to persons
who are over age 18 but have not yet attained age 24.
Provide an update on the state's progress and planned
activities in the coming year to develop provisions and
procedures regarding identifying and assessing all reports
involving known or suspected child sex trafficking victims.
Provide an update on the state's progress and planned
activities in the coming year to develop provisions and
procedures for training CPS workers about identifying,
assessing and providing comprehensive services to children
who are sex trafficking victims, including efforts to
coordinate with state law enforcement, juvenile justice, and
social service agencies such as runaway and homeless youth
shelters.
In addition, no later than May 29, 2017, states must submit
the new CAPTA assurances relating to sex trafficking. These
assurances are to be provided in the form of a certification
signed by the State's Governor (see Attachment F). The signed
assurance may be returned with the 2017 CAPTA Annual Report
submitted with the APSR due June 30, 2016, if the state is
ready to submit them by that time. If not, the state may
submit the certification at a later date, but no later than
May 29, 2017.
If the state anticipates it will be unable to submit these
assurances by May 29, 2017, provide an explanation as to why
that is the case.
Identify any technical assistance needs the state has
identified relating to implementation of the amendments to
CAPTA made by the Justice for Victims of Trafficking Act of
2015.
States must include all required information indicated
above in their 2017 CAPTA Annual Report to be submitted as
part of the 2017 APSR. Missing or incomplete information will
result in the withholding of CAPTA funds until such time as
approval can be granted by CB. Please note that compliance
with the eligibility requirements for a CAPTA State Grant
program is a prerequisite for eligibility to receive finding
under the Children's Justice Act State Grant Program,
authorized by section 107(a) of CAPTA.
Finally, to facilitate ongoing communication between CB and
states on issues relating to CAPTA and child abuse and
neglect, please submit the name, address, and email for the
state CAPTA coordinator (also known as the State Liaison
Officer) or where this information can be found on the
state's website.
Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Thompson).
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I rise in support of H.R.
4843, the Infant Plan of Safe Care Improvement Act. Introduced by my
colleague and friend, Mr. Barletta, this bill takes steps to strengthen
protections for our Nation's most precious and vulnerable population:
infants and children.
In Pennsylvania alone, nearly 8,000 infants were diagnosed with
neonatal abstinence syndrome between 2010 and 2014, and that number is
increasing every day.
{time} 1545
Neonatal abstinence syndrome, or NAS, is defined by the National
Institutes of Health as a set of problems that occurs in a newborn who
was exposed to addictive opiate drugs while in the mother's womb.
Infants experiencing NAS can endure fevers, rapid breathing, seizures,
and even death.
While States are currently required to certify to the Department of
Health and Human Services that they have developed a safe care plan for
infants born under these conditions, it has come to light that HHS does
not independently verify State plans unless there is a specific reason
to do so.
My cosponsorship of this bill is a direct assertion of my belief that
our Nation's infants deserve more from legislators, Federal agencies,
and the administration. This valuable legislation will help clarify the
intent of safe care plans, provide States with best practices for
keeping infants safe, and improve accountability across the board.
Mr. Speaker, every district in every State in the United States has
been affected by what has been referred to as a substance abuse
epidemic. While there is hope in the fact that the House is taking up
more than a dozen opioid bills this week, we must not lose sight of the
long road ahead of us.
I urge my colleagues to support H.R. 4843 and join the fight to
defend our Nation's children.
Ms. CLARK of Massachusetts. Mr. Speaker, I reserve the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. I thank the gentleman for yielding.
Mr. Speaker, I rise in support of H.R. 4843, the Infant Plan of Safe
Care Improvement Act, because when newborn infants are tragically
affected by illegal substance abuse, they deserve the best possible
care and treatment.
The Child Abuse Prevention and Treatment Act, which was enacted in
1974, set the groundwork for Federal coordination in addressing the
issues of neglect and child abuse that is present in our country. H.R.
4843 builds on that by updating and improving existing laws to ensure
that States are utilizing Federal dollars in a safe and effective way
in providing care for children who suffer from illegal substance abuse,
withdrawal symptoms, or fetal alcohol spectrum disorders.
Under this bill, infants who are born with having had exposure to
illegal substances will have strengthened protections through improved
safe care plans and best practices. As a lifelong pharmacist and
healthcare professional, I have seen firsthand families as they
struggle to provide the care that is needed by infants who suffer from
these conditions.
I commend Congressman Barletta and the Committee on Education and the
Workforce for their leadership on this important legislation, and I
encourage my colleagues to support this bill so we can care for
precious newborn infants across the country.
Ms. CLARK of Massachusetts. Mr. Speaker, I reserve the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg).
Mr. WALBERG. I thank Mr. Barletta for what he is doing here today.
Mr. Speaker, I rise as a proud original cosponsor of H.R. 4843, the
Infant Plan of Safe Care Improvement Act, which takes important steps
in protecting our most vulnerable citizens from the damaging effects of
addiction.
As communities in Michigan and around the country fight against the
growing opioid epidemic, it is important for stakeholders at all levels
to work together to reverse the trends of addiction and find solutions
for the families who are swept up by this public health crisis.
Tragically, we know that, every 25 minutes, a baby is born in our
country having been exposed to drugs and suffering from opioid
withdrawal.
[[Page H2252]]
A Federal law is already in place to help ensure these newborns have
the necessary protections and care once they are born, but the system
is still failing some of our most defenseless children and their
families. Recent investigations have uncovered the failure of the
Department of Health and Human Services to effectively monitor the
implementation of State-level plans to prevent child abuse and neglect,
and some States are still receiving taxpayer dollars despite their not
following the laws that are in place to ensure the safe care of
newborns.
The bill we are considering today would require HHS to review and
confirm that States are properly following and enforcing the policies
that are outlined in Federal law to protect infants who are affected by
drug dependency. It also strengthens protections for infants who have
been exposed to illegal substances, and it ensures best practices are
disseminated to States for developing plans to keep infants and their
caregivers safe.
Mr. Speaker, we must do better to provide these babies and their
mothers with the help they need.
I thank my colleagues, Representatives Barletta and Clark, for their
leadership in crafting this bipartisan bill, and I encourage all of my
colleagues to vote in support.
Ms. CLARK of Massachusetts. Mr. Speaker, I yield myself the balance
of my time.
Again, many thanks to the gentleman from Pennsylvania for his
partnership and his leadership on this issue.
Mr. Speaker, I am particularly proud that this legislation takes a
comprehensive look at not only protecting our newborns and infants but
at putting the supports in place to ensure that their mothers and
fathers and grandparents and families have the services they need and
deserve to have the best outcomes for these babies and children and
their family units. I am very pleased that this bill is before us
today, and I urge my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. BARLETTA. Mr. Speaker, I yield myself the remainder of my time.
In closing, I reiterate the purpose and the importance of this
legislation. No government, Federal or State, should be allowed to
skirt its responsibilities on the taxpayers' dime, especially when
those responsibilities involve the health and safety of children. We
have seen what can happen when they do, and none of us should be okay
with allowing those kinds of consequences to continue. Making sure they
don't is a responsibility that we all share.
In the end, this bill is not about pointing fingers or about placing
blame. It is about the kids who need help, not only the infants who are
affected by the opioid crisis, but all of the victims of child abuse
and neglect. This bill is about ensuring that we work together to
strengthen the protections for our country's most vulnerable children
and their families.
I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 4843, the
``Improving Safe Care for the Prevention of Infant Abuse and Neglect
Act,'' approved by the Education and the Workforce Committee.
In the past decade and a half, the growth in the number of physicians
prescribing opioids to help patients deal with pain from surgeries,
dental work and chronic conditions has resulted in an increasing number
of patients becoming dependent on the powerful and highly addictive
painkillers--with patients not only abusing the use of those
painkillers but often turning to heroin once their opioid prescription
ended.
The Centers for Disease Control and Prevention reports that nearly
259 million opioid prescriptions were written in 2012, more than enough
for every adult in the United States, and it is estimated that in 2013
nearly 4.5 million people in the United States without a valid medical
need were using prescription painkillers.
The Health and Human Services Department estimates that the number of
unintentional overdose deaths from prescription painkillers almost
quadrupled between 1999 and 2013 and that abuse of prescription opioids
now kills nearly 30,000 Americans each year.
The ``Child Abuse Prevention and Treatment Act'' (CAPTA; PL 93-247)
was enacted in 1974 to coordinate federal and state efforts to prevent
and respond to child abuse and neglect.
The law provides states with federal funds to improve their child
protective services systems; however, to receive the funds, states are
supposed to implement certain child welfare policies.
CAPTA was amended in 2003 by the ``Keeping Children and Families Safe
Act,'' (PL 108-36) that requires health care providers to notify child
protective services agencies when a child is born with prenatal
substance exposure or addiction.
The protective services agencies are supposed to develop a ``safe
care plan'' to protect the babies.
The law explicitly states that it is meant to protect drug-dependent
newborns and not to punish mothers who are dealing with addiction.
In December 2015, Reuters published the first in a series of articles
documenting the failure of health care providers and state child
protective services to help these infants.
Based on information from 2013, the latest year for which data are
available, there were 27,000 cases of drug-dependent babies born that
year, up from 5,000 in 2003 when CAPTA's notification requirements were
enacted.
However, more than 30 states do not require doctors to report cases
of infants born with addictions.
Some states have interpreted the law to mean that only addiction to
illegal substances need be reported.
This means that if the mother is taking prescribed drugs, even if the
infant is born with an addiction, they do not require that the
addiction be reported.
In addition, even in states where infants born with drug dependencies
must be reported to child protective services agencies, these agencies
often take no steps toward developing a safe care plan for these
infants.
As a result, infants die because of neglect or abuse in their homes.
Reuters identified 110 fatalities since 2010 of babies and toddlers
whose mother used opioids during pregnancy and who later died from
causes that could have been prevented.
I recognize that infant mortality is at unprecedentedly high rates in
our nation.
Seeking to right the same wrongs as H.R. 4843, the ``Improving Safe
Care for the Prevention of Infant Abuse and Neglect Act,'' I introduced
the ``Stop Infant Mortality and Recidivism Reduction Act of 2016,'' or
the ``SIMARRA Act,'' which will help the Federal Bureau of Prisons to
improve the effectiveness and efficiency of the Federal prison system
for pregnant offenders, by establishing a pilot program of critical-
stage, developmental nurseries in Federal prisons for children born to
inmates.
It is time that our nation recognizes a long-persistent need to break
the cycle of generational, institutional incarceration amongst mothers
serving time for non-violent crimes and the children they birth behind
prison bars.
H.R. 5130, the ``SIMARRA Act of 2016,'' gives those infants born to
incarcerated mothers a chance to succeed in life.
``SIMARRA'' is not merely yet another second chance program,
demanding leniency from the criminal justice system.
Instead, H.R. 5130 asks our national criminal justice system what it
can do for those young Americans born and relegated to a life of nearly
impossible odds of survival.
``SIMARRA'' provides that first chance--a first chance for American
infants--that many of their mothers, born themselves to mothers behind
bars, never received.
H.R. 4843 requires the Health and Human Services Department (HHS) to
review and confirm that states have enacted and implemented the child
protection policies required by the Child Abuse and Treatment Act,
including the requirement that addicted newborns are cared for.
Specifically, in order to receive a grant for its child protective
services system, a state must certify that it has a law or statewide
program for child abuse and neglect that includes a safe care plan for
an infant born with substance addiction after the infant is released
from the care of health care providers.
HHS must monitor the compliance of each state that receives a grant.
Under the measure, states must also develop and implement monitoring
systems to follow the safe care plans and determine whether local
entities are providing referrals to, and delivery of, appropriate
services for the infant and the affected family or caregiver.
States must include in their annual data reports the total number of
affected infants for whom a safe care plan was developed and for whom
there were referrals to appropriate services, including services for
the affected family or caregiver.
The bill requires HHS to maintain and disseminate information
regarding the requirements and best practices relating to the
development of safe care plans for infants born with substance
addiction.
[[Page H2253]]
H.R. 4843, the ``Improving Safe Care for the Prevention of Infant
Abuse and Neglect Act,'' is a valuable piece of legislation that I
encourage my colleagues to support.
Additionally, I urge my colleagues to join me in sponsoring and
supporting all legislation targeting the improvement of care for the
prevention of infant abuse and neglect, such as H.R. 5130, the ``Stop
Infant Mortality and Recidivism Reduction Act of 2016'' or the
``SIMARRA Act.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 4843, as amended.
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. BARLETTA. Mr. 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, further
proceedings on this motion will be postponed.
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