[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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