[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5074-S5076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2854. Mr. MERKLEY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, insert the following:

     SEC. 10__. STOP INSTITUTIONAL CHILD ABUSE ACT.

       (a) Short Title.--This section may be cited as the ``Stop 
     Institutional Child Abuse Act''.
       (b) Improving National Data Collection and Reporting for 
     Youth in Youth Residential Programs.--Title V of the Public 
     Health Service Act (42 U.S.C. 290aa et seq.) is amended by 
     inserting after part I (42 U.S.C. 290jj et seq.) the 
     following:

``PART J--IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN 
                       YOUTH RESIDENTIAL PROGRAMS

     ``SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL PROGRAMS.

       ``(a) In General.--The Secretary shall establish the 
     Federal Work Group on Youth Residential Programs (referred to 
     in this section as the `Work Group') to improve the 
     dissemination and implementation of best practices regarding 
     the health and safety (including with respect to the use of 
     seclusion and restraints), care, treatment, and appropriate 
     placement of youth in youth residential programs.
       ``(b) Composition.--
       ``(1) In general.--The Secretary shall appoint 9 
     representatives to the Work Group from the Administration for 
     Children and Families, the Administration for Community 
     Living, the Substance Abuse and Mental Health Services 
     Administration, the Department of Education, the Department 
     of Justice, the Indian Health Service, and the Centers for 
     Medicare & Medicaid Services.
       ``(2) Other federal agencies.--The Work Group may include 
     representatives from other Federal agencies, as the Secretary 
     determines appropriate, appointed by the head of the relevant 
     agency.
       ``(c) Consultation.--In carrying out the duties described 
     in subsection (d), the Work Group shall consult with--
       ``(1) child advocates, including attorneys experienced in 
     working with youth overrepresented in the child welfare 
     system or the juvenile justice system;
       ``(2) health professionals, including mental health and 
     substance use disorder professionals, nurses, physicians, 
     social workers

[[Page S5075]]

     and other health care providers who provide services to youth 
     who may be served by residential programs;
       ``(3) protection and advocacy systems;
       ``(4) individuals experienced in working with youth with 
     disabilities, including emotional, mental health, and 
     substance use disorders;
       ``(5) individuals with lived experience as children and 
     youth in youth residential programs, including individuals 
     with intellectual or developmental disabilities and 
     individuals with emotional, mental health, or substance use 
     disorders;
       ``(6) representatives of State and local child protective 
     services agencies and other relevant public agencies;
       ``(7) parents or guardians of children and youth with 
     emotional, mental health, or substance use disorder needs;
       ``(8) experts on issues related to child abuse and neglect 
     in youth residential programs;
       ``(9) administrators of youth residential programs;
       ``(10) education professionals who provide services to 
     youth in youth residential programs;
       ``(11) Indian Tribes and Tribal organizations;
       ``(12) State legislators;
       ``(13) State licensing agencies; and
       ``(14) others, as appropriate.
       ``(d) Duties.--The Work Group shall--
       ``(1) develop and publish recommendations regarding a 
     national database that aggregates data, including process-
     oriented data such as length of stay and use of restraints, 
     and seclusion and outcome-oriented data such as discharge 
     setting and ability to be safety maintained in school and 
     community at least 6-months after discharge;
       ``(2) beginning not later than 2 years after the date of 
     enactment of the Stop Institutional Child Abuse Act, and 
     every 2 years thereafter, submit to the Secretary and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Finance of the Senate, and the Committee on 
     Education and the Workforce, the Committee on Energy and 
     Commerce, and the Committee on Ways and Means of the House of 
     Representatives, a report containing policy recommendations 
     designed to--
       ``(A) improve the coordination of the dissemination and 
     implementation of best practices regarding the health and 
     safety (including use of seclusion and restraints), care, 
     treatment, and appropriate placement of youth in youth 
     residential programs;
       ``(B) promote the coordination of the dissemination and 
     implementation of best practices regarding the care and 
     treatment of youth in youth residential programs among State 
     child welfare agencies, State Medicaid agencies, and State 
     mental and behavioral health agencies; and
       ``(C) promote the adoption and implementation of best 
     practices regarding the care and treatment of youth in youth 
     residential programs among child welfare systems, licensing 
     agencies, accreditation organizations, and other relevant 
     monitoring and enforcement entities;
       ``(3) develop and utilize risk assessment tools, including 
     projects that provide for the development of research-based 
     strategies for risk assessments relating to the health, 
     safety (including with respect to the use of seclusion and 
     restraints), and well-being of youth in youth residential 
     programs;
       ``(4) support the development and implementation of 
     education and training resources for professional and 
     paraprofessional personnel in the fields of health care, law 
     enforcement, judiciary, social work, child protection 
     (including the prevention, identification, and treatment of 
     child abuse and neglect), education, child care, and other 
     relevant fields, and individuals such as court appointed 
     special advocates and guardians ad litem, including education 
     and training resources regarding--
       ``(A) the unique needs, experiences, and outcomes of youth 
     overrepresented in youth residential programs;
       ``(B) the enhancement of interagency communication among 
     child protective service agencies, protection and advocacy 
     systems, State licensing agencies, State Medicaid agencies, 
     and accreditation agencies;
       ``(C) best practices to eliminate the usage of physical, 
     mechanical, and chemical restraint and seclusion, and to 
     promote the use of positive behavioral interventions and 
     supports, culturally and linguistically sensitive services, 
     mental health supports, trauma- and grief-informed care, and 
     crisis de-escalation interventions; and
       ``(D) the legal duties of such professional and 
     paraprofessional personnel and youth residential program 
     personnel and the responsibilities of such professionals and 
     personnel to protect the legal rights of children in youth 
     residential programs, consistent with applicable State and 
     Federal law;
       ``(5) improve accessibility and development of community-
     based alternatives to youth residential programs;
       ``(6) provide recommendations for innovative programs 
     designed to provide community support and resources to at-
     risk youth, including programs that--
       ``(A) support continuity of education, including removing 
     barriers to access;
       ``(B) provide mentorship;
       ``(C) support the provision of crisis intervention services 
     and in-home or outpatient mental health and substance use 
     disorder treatment; and
       ``(D) provide other resources to families and parents or 
     guardians that assist in preventing the need for out-of-home 
     placement of youth in youth residential programs;
       ``(7) perform other activities, such as activities relating 
     to development, dissemination, outreach, engagement, or 
     training associated with advancing least-restrictive, 
     evidence-based, trauma and grief-informed, and 
     developmentally and culturally competent care for youth in 
     youth residential programs and youth at risk of being placed 
     in such programs; and
       ``(8) provide recommendations on best practices to convey 
     Work Group recommendations to States.

     ``SEC. 596A. DEFINITIONS.

       ``In this part:
       ``(1) Child abuse or neglect.--The term `child abuse or 
     neglect' has the meaning given such term in section 3 of the 
     Child Abuse Prevention and Treatment Act.
       ``(2) Culturally competent.--The term `culturally 
     competent' has the meaning given such term in section 102 of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000.
       ``(3) Indian tribe; tribal organization.--The terms `Indian 
     Tribe' and `Tribal organization' have the meanings given such 
     terms in section 4 of the Indian Self-Determination and 
     Education Assistance Act.
       ``(4) Protection and advocacy systems.--The term 
     `protection and advocacy system' means a system established 
     by a State or Indian Tribe under section 143 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000.
       ``(5) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(6) Youth.--The term `youth' means an individual who has 
     not attained the age of 22.
       ``(7) Youth residential program.--
       ``(A) In general.--The term `youth residential program' 
     means each location of a facility or program operated by a 
     public or private entity that, with respect to one or more 
     youth who are unrelated to the owner or operator of the 
     facility or 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) an education or therapeutic boarding school;
       ``(IV) a behavioral modification program;
       ``(V) a residential treatment center or facility;
       ``(VI) a qualified residential treatment program (as 
     defined in section 472(k)(4) of the Social Security Act);
       ``(VII) a psychiatric residential treatment program that 
     meets the requirements of subpart D of part 441 of title 42, 
     Code of Federal Regulations (or any successor regulations);
       ``(VIII) a group home serving children and youth placed by 
     any placing authority;
       ``(IX) an intermediate care facility for individuals with 
     intellectual disabilities; or
       ``(X) any residential program that is utilized as an 
     alternative to incarceration for justice involved youth, 
     adjudicated youth, or youth deemed delinquent; and

       ``(ii) serves youth who have a history or diagnosis of--

       ``(I) an emotional, behavioral, or mental health disorder;
       ``(II) a substance misuse or use disorder, including 
     alcohol misuse or use disorders; or
       ``(III) an intellectual, developmental, physical, or 
     sensory disability.

       ``(B) Exclusion.--The term `youth residential 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.''.
       (c) National Academies of Sciences, Engineering, and 
     Medicine Study.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall seek to enter into a contract with the 
     National Academies of Sciences, Engineering, and Medicine 
     (referred to in this section as the ``National Academies'') 
     to conduct a study to examine the state of youth in youth 
     residential programs and make recommendations.
       (2) Study components.--Pursuant to the contract under 
     paragraph (1), the National Academies shall, not later than 3 
     years after the date of enactment of this Act, issue a report 
     informed by the study conducted under such subsection that 
     includes--
       (A) identification of all Federal and State funding sources 
     for youth residential programs;
       (B) identification of Federal data collection sources on 
     youth in youth residential programs;
       (C) identification of existing Federal and State regulation 
     of youth residential programs, including alternative 
     licensing standards or licensing exemptions for youth 
     residential programs;
       (D) identification of existing standards of care of 
     national accreditation entities that provide accreditation or 
     certification of youth residential programs;
       (E) identification of existing barriers in Federal and 
     State policy for blending and

[[Page S5076]]

     braiding of Federal and State funding sources to serve youth 
     in community-based settings;
       (F) recommendations for coordination by Federal and State 
     agencies of data on youth in youth residential programs; and
       (G) recommendations for the improvement of Federal and 
     State oversight of youth residential programs receiving 
     Federal funding.
       (3) Definition.--In this subsection, the term ``youth 
     residential program'' has the meaning given such term in 
     section 596A of the Public Health Service Act, as added by 
     subsection (b).
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