[Congressional Record Volume 170, Number 184 (Wednesday, December 11, 2024)]
[Senate]
[Pages S6973-S6974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3316. Mr. MERKLEY (for himself and Mr. Cornyn) proposed an
amendment to the bill S. 1351, to study and prevent child abuse in
youth residential programs, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Institutional Child
Abuse Act''.
SEC. 2. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY.
(a) 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.
(b) Study Components.--Pursuant to the contract under
subsection (a), the National Academies shall, not later than
3 years after the date of enactment of the Stop Institutional
Child Abuse Act, and every 2 years thereafter for a period of
10 years, issue a report informed by the study conducted
under such subsection that includes--
(1) identification of the nature, prevalence, severity, and
scope of child abuse, neglect, and deaths in youth
residential programs, including types of abuse and neglect,
causes of abuse, neglect, and deaths, and criteria used to
assess abuse, neglect, and deaths;
(2) identification of all Federal and State funding sources
for youth residential programs;
(3) identification of Federal data collection sources on
youth in youth residential programs;
(4) identification of existing regulation of youth
residential programs, including alternative licensing
standards or licensing exemptions for youth residential
programs;
(5) identification of existing standards of care of
national accreditation entities that provide accreditation or
certification of youth residential programs;
(6) identification of existing barriers in policy for
blending and braiding of funding sources to serve youth in
community-based settings;
(7) recommendations for coordination by agencies of data on
youth in youth residential programs;
(8) recommendations for the improvement of oversight of
youth residential programs receiving Federal funding;
[[Page S6974]]
(9) identification of 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;
(10) recommendations to 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
with lived experience 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 use 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;
(11) recommendations to improve accessibility and
development of community-based alternatives to youth
residential programs;
(12) 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;
(13) recommendations relating to the 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;
(14) recommendations on best practices regarding the health
and safety (including reduction or elimination of use of
seclusion and restraints), care, and treatment of youth in
youth residential programs to convey to States;
(15) recommendations to improve the coordination,
dissemination, and implementation of best practices regarding
the health and safety (including use, reduction, or
elimination of seclusion and restraints), care, and treatment
of youth in youth residential programs among child welfare
systems, licensing agencies, accreditation organizations,
other relevant monitoring and enforcement entities, State
child welfare agencies, State Medicaid agencies, State mental
and behavioral health agencies, consumers, and State
protection advocacy centers; and
(16) identification of aggregate 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 safely maintained in school and
community at least 12 months after discharge, including--
(A) recommendations on how such data should be shared
across child-placing agencies and stakeholders, including
individuals receiving services, families of such individuals,
and advocates; and
(B) identification of barriers to sharing information
across child-placing agencies.
(c) Consultation.--In carrying out the duties described in
subsection (b), the National Academies 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, 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) parents of children and youth with intellectual
disabilities and autism;
(9) experts on issues related to child abuse and neglect in
youth residential programs;
(10) administrators of youth residential programs;
(11) education professionals who provide services to youth
with complex needs in youth residential programs;
(12) State educational agencies;
(13) local educational agencies;
(14) Indian Tribes and Tribal organizations;
(15) State legislators;
(16) State licensing agencies;
(17) the Administration for Children and Families;
(18) the Administration for Community Living;
(19) the Substance Abuse and Mental Health Services
Administration;
(20) the Department of Justice;
(21) the Indian Health Service;
(22) the Centers for Medicare & Medicaid Services;
(23) the National Council on Disability; and
(24) others, as appropriate.
(d) Report Submission and Publication.--The National
Academies shall submit to the Secretary for dissemination to
relevant State agencies, and make publicly available, a
report on the comprehensive review conducted under subsection
(b), including the findings of the National Academies under
subsection (b);
(e) Definitions.--In this section:
(1) 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).
(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 (42 U.S.C. 15002).
(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 (25 U.S.C. 5304).
(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 (42
U.S.C. 15043).
(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 (42 U.S.C.
672(k)(4)));
(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 a State; or
(ii) a foster family home that--
(I) 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
(II) is licensed and regulated by the State as a foster
family home.
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