[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[House]
[Pages 13507-13516]
[From the U.S. Government Publishing Office, www.gpo.gov]




     STOP CHILD ABUSE IN RESIDENTIAL PROGRAMS FOR TEENS ACT OF 2008

  The Committee resumed its sitting.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield 3 minutes to 
the gentlewoman from New York (Mrs. McCarthy) who's been very, very 
involved in the drafting of this legislation and also in other matters 
before our committee to keep children safe in whatever setting they're 
in.
  Mrs. McCARTHY of New York. Madam Chairman, I want to start by saying 
congratulations to Chairman Miller on this important day and thank him 
for his strong leadership over the many years that this has been an 
issue for him.
  I also want to thank Chairman Miller and the committee staff for 
working with me on this important legislation. When we started working 
on this issue in the committee, I became outraged over the testimony we 
heard. You see, children are dying.
  I cannot forget the testimony of Bob Bacon, father of Aaron Bacon. 
Bob and his wife Sally were seeking the best alternative for their son, 
Aaron, who was struggling. They talked with therapists, counselors, 
pastors, and doctors, and were referred by friends to a particular 
program. They read, and I quote, in their very compelling brochure, 
spoke with the office on the phone, and met with the owners for a 
personal interview and chose this particular program for their son. 
They felt that the owners were caring people who had experience in 
counseling kids who were struggling with drugs and peer pressure.
  He continued on in his testimony to our committee: ``Of course, being 
normal, trusting, and honest people ourselves, we assumed we were being 
told the truth.'' They were not.
  I will never forget the pain in the father's eyes when he told us 
that he regretted being talked into using the program's escort service, 
and here is why: At 5 a.m., Bob's son, Aaron, was taken from his bed 
under the threat of physical force if he resisted. Aaron was not 
permitted to speak to Bob or Sally, his mother, or father. His parents 
managed to hug him and tell him that it was for the best. The van 
backed out of the driveway, and Bob told us the pleading eyes of his 
son which begged them not to send him away haunt them today. They never 
spoke again.
  Aaron died in the wilderness with the program's staff claiming he was 
faking the entire time. Aaron begged to be seen by a doctor. The 
criminal investigation illuminated 21 days, 21 days of physical and 
psychological abuse and neglect that Aaron experienced. There is no 
excuse for this.
  This and many other stories are the cause of my outrage, and we 
should all be outraged. There were many stories and testimony from 
parents that came to our committee and talked to us, but here is the 
bottom line. There are some good residential programs out there that 
are for the treatment of our young people that have problems. But the 
majority, I have to say, they go from State to State to State. When 
they close down in one State, they open up in another State, and they 
use their same abusive practices.
  This is America. These are our most vulnerable children. And yes, as 
far as I'm concerned, it is a Federal duty to protect these children 
because these camps do go from State to State. And we should at least 
be able to give the parents the tools that they need to make sure that 
their children are getting the treatment and the care that they were 
promised.
  I hope that this bill passes. I hope that those in Congress 
understand because only because we never know if that's going to happen 
to one of our children in our families or our grandchildren, and we 
want to make sure that we have the information that is out there to 
make sure that our children get the treatment that they need.
  Chairman Miller, I thank you for bringing this forward. I hope this 
goes forward. I hope we can protect the children of this country. I 
hope that we can set standards for the many camps around this country 
that unfortunately do not do what they say to help the children.
  Mr. McKEON. Madam Chairman, I yield 3 minutes no the gentleman from 
Pennsylvania (Mr. Tim Murphy).
  Mr. TIM MURPHY of Pennsylvania. Madam Chairman, I thank the gentleman 
from California for yielding, and I thank the House for taking up this 
important bill.
  In my 25-plus years of practicing as a child psychologist, I have 
treated many of the types of children that we're talking about today: 
young men and women, young boys and girls, who oftentimes 
characteristically really have reached the point in living with their 
family where the family has lost all ability to control these children.
  As one group of parents told me when I was working them once in a 
group, the mother said, You know, it's like walking on eggshells when 
you're around my son. Another mother said, No, it's like walking on 
glass. You have to be so careful. You never know when you're going to 
have harm.
  And so it is. I know so many of them move me so much when I wrote my 
book about these children called ``The Angry Child.'' I recognized what 
many of their characteristics are: They have difficulty solving 
problems; they tend to blame other people for their problems; their 
primary emotional reaction to difficulty is anger; they believe that 
anger is a source of power for them, and they have a great deal of 
destructive self-talk. It is so very, very difficult to change these 
children.
  And thus it is important that we have residential treatment programs 
available as an option because these parents have certainly gone 
through the whole gamut of possible treatment options through 
psychotherapy, counseling, sometimes hospitalizations, medication, et 
cetera. And they're so moved by their love and affection and hope for 
their child they're willing to try anything. But we have to make sure 
that ``anything'' does not involve situations that can lead to more 
harm and abuse.
  One of the reasons this bill is so important is because parents have 
to know at a time when they feel they can no longer trust their child 
to control themselves and they no longer can trust their own ability to 
parent, they have to trust someone. And sound, residential treatment 
programs that are there with proper staff properly trained in therapy, 
not there to physically abuse or harm the child, of which a majority of 
these programs are good programs, but parents have to know there is 
something they can trust.
  It is so terribly, terribly heartbreaking to work with these families 
and work with these children and know

[[Page 13508]]

that they have destroyed a family. Their threats of violence, the risk 
for drug and alcohol abuse, their attacking other children, all just on 
this side of law so they don't end up in jail.
  Parents are desperately trying to help them. I'm pleased this 
legislation is taking some steps to help restore some sense of trust 
for parents to know that the child can get some treatment to know the 
risks of harm are eliminated for them.
  But still we have to recognize we must keep options open for these 
families who no longer know how to handle their very, very angry and 
difficult child.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield 3 minutes to 
the gentleman from New Jersey (Mr. Rothman).
  Mr. ROTHMAN. I thank our distinguished chairman.
  Madam Chairman, I rise in support of the manager's amendment to the 
Stop Child Abuse in Residential Programs for Teens Act.
  I want to begin by thanking our distinguished Chairman Miller and his 
wonderful staff, as well as the ranking member and his outstanding 
staff, for putting together this bipartisan bill and for working with 
me to incorporate two provisions into this manager's amendment that 
will strengthen accountability measures in the bill.
  Specifically, my provisions direct programs such as these to notify 
parents of any reports of abuse as soon as possible but absolutely no 
later than 48 hours after the incident.
  Parents have the right to know when their child is in danger, and 
this amendment ensures that parents are informed expeditiously of any 
reports of child abuse or neglect. This amendment would also strengthen 
accountability in this way: The bill creates a publicly searchable Web 
site that will contain information on these facilities such as death, 
reports of abuse, and violations of safety standards. My provisions 
require the Web site to disclose the cause of death.
  This will help parents to make informed decisions about which 
residential facilities are safely caring for children as well as which 
have poor records on incidents of abuse and/or death.
  It is a terrifying yet documented fact that such severe abuse occurs 
in these programs. The Government Accountability Office reports that 
precipitated this bill found that more than 1,600 cases of alleged 
abuse in 33 States occurred in 2005 alone. These alarming occurrences 
of cruelty and neglect must end, and this bill will establish new 
national safety standards and guidelines for private therapy facilities 
to reduce, if not eliminate, these incidents.
  Again, I would like to thank Chairman Miller and his outstanding 
staff for all of his help in including my thoughts on this measure. I 
thank again the ranking member and his staff for making this a very 
important bipartisan measure that deserves the support of all of our 
colleagues.
  Mr. McKEON. Madam Chairman, I reserve my time.
  Mr. GEORGE MILLER of California. If the Chair might advise us of how 
much time we have remaining.
  The CHAIRMAN. The gentleman from California (Mr. George Miller) has 9 
minutes. The gentleman from California (Mr. McKeon) has 14 minutes.
  Mr. GEORGE MILLER of California. If the gentleman has no further 
speakers, I would be happy to yield back the general debate time.
  Mr. McKEON. Madam Chairman, I yield myself the balance of my time.
  I plan to support passage of H.R. 5876 today not because it's perfect 
but because Members on both sides of the aisle have acted in good faith 
to develop a package of reform that will help to protect the young 
people enrolled in residential treatment facilities.
  I thank Chairman Miller. I think that he knows that this is not the 
bill I would have written, and some concerns do remain, but he's made 
compromises and I have made compromises, and together we're working to 
develop a seamless system of oversight to ensure the teens in these 
programs, some of our most vulnerable young people, will be kept safe. 
I plan to continue working with the chairman in the coming months to 
improve the bill, avert unintended consequences, and ultimately achieve 
our goal of putting an end to the stories of abuse, neglect, and even 
death that have put a black mark on some of these programs.
  I look forward to working more closely with the programs themselves 
as this legislation moves forward. I believe there are best practices 
out there that can be identified and replicated, and I take the 
expertise of these programs will be invaluable as we develop programs 
that do not undercut their ability to treat troubled youth.
  I'm also eager to work more closely with the States, some of whom are 
doing an excellent job of licensing and regulating these programs. 
Unfortunately, not all States are rising to the task, which is what 
this bill hopes to change.
  So let me close by simply thanking Chairman Miller by shining a 
spotlight on this issue and offering my assurances that I will continue 
to work with you to stop child abuse in residential programs for teens.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. I want to thank the gentleman from 
California (Mr. McKeon) for all of his assistance, for his remarks, and 
we all recognize that this is a bill that is a work in progress. I 
think certainly at this stage we have it about right, but we will 
continue those discussions. Again, I thank him for his assistance.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H.R. 5876, ``Stop the Child Abuse in Residential Programs 
for Teens.'' I would like to thank my colleagues on the Committee on 
Education and Labor for bringing this very important legislation to the 
floor.
  On Capitol Hill we often debate matters that can address varying 
viewpoints. I believe that this legislation can only be looked at from 
two angles--right and wrong.
  They are everybody's children, and nobody's children. They are the 
forgotten children in the Texas foster care and residential care 
system. Black, White, Hispanic, and Asian--they all need the love of a 
mother, the nurturing of a family, and the support of their community. 
Some of them find homes with caring foster parents or in treatment 
centers with experienced and caring providers. And some do not.
  This legislation allows us to keep our children safe with:
  New national standards for private and public residential programs--
  Prohibit programs from physically, mentally, or sexually abusing 
children in their care;
  Prohibit programs from denying children essential water, food, 
clothing, shelter, or medical care--whether as a form of punishment or 
for any other reason;
  Require that programs only physically restrain children if it is 
necessary for their safety or the safety of others, and to do so in a 
way that is consistent with existing federal law on the use of 
restraints;
  Require programs to provide children with reasonable access to a 
telephone and inform children of their right to use the phone;
  Require programs to train staff in understanding what constitutes 
child abuse and neglect and how to report it; and
  Require programs to have plans in place to provide emergency medical 
care.
  Prevent deceptive marketing by residential programs for teens--
  Require programs to disclose to parents the qualifications, roles, 
and responsibilities of all current staff members;
  Require programs to notify parents of substantiated reports of child 
abuse or violations of health and safety laws; and
  Require programs to include a link or web address for the website of 
the U.S. Department of Health and Human Services, which will carry 
information on residential programs.
  Hold teen residential programs accountable for violating the law--
  Require states to inform the U.S. Department of Health and Human 
Services of reports of child abuse and neglect at covered programs and 
require HHS to conduct investigations of such programs to determine if 
a violation of the national standards has occurred; and
  Give HHS the authority to assess civil penalties of up to $50,000 
against programs for every violation of the law.
  Ask States to step in to protect teens in residential programs--
  Three years after enactment, the legislation would provide certain 
Federal grant money to

[[Page 13509]]

States only if they development their own licensing standards, that are 
at least strong as national standards, for public and private 
residential programs for teens and implement a monitoring and 
enforcement system, including conducting unannounced site inspections 
of all programs at least once every 2 years. The Department of Health 
and Human Services would continue to inspect programs where a child 
fatality has occurred or where a pattern of violations has emerged.
  This legislation seeks to protect the unprotected--our children--from 
abuse, neglect and exploitation. Many of these children are not safe, 
and their futures are uncertain. The groups serving children and 
adolescents with mental health or substance use conditions need better 
regulation. The youth boot camps and other ``alternative placement 
facilities'' should be forced to provide greater transparency as to the 
policies and practices of their programs.
  This legislation is a welcomed and needed response to numerous 
studies documenting the ineffectiveness of these programs and, in 
several instances, the tragic deaths as a result of child abuse and 
neglect as reported by the GAO in October 2007. Too many families 
struggle mightily in nearly every state to find placements, when 
appropriate, for their children that will address their complex mental 
health needs.
  These facilities flourish, in part, because parents lack the 
necessary information about the operation and practices of these 
programs. The promise of help cannot be allowed to obscure the fact 
that these kinds of program are not science-based and have not been 
forthcoming about the incidence of neglect or abuse.
  This addresses the challenges facing many families. It seeks relief 
from these risks by (1) establishing standards for these programs that 
are consistent with current child protection laws; (2) ensuring that 
personnel is qualified; (3) shifting these programs to be family-
centered, as well as culturally and developmentally appropriate; (4) 
creating mechanisms for the monitoring and enforcement of these goals; 
(5) calling for greater transparency and accessibility to the 
compliance of these standards; and (6) providing grants to states for 
the prevention of child abuse and neglect and for the treatment of 
children's mental health or substance use conditions.
  Additionally, the annual report to Congress is an effective tool in 
ensuring that these critical issues emerge from the shadows and see the 
light of day. I share the vision and commitment of Chairman Miller and 
the Education and Labor Committee in protecting our youth from such 
predators.
  I urge my colleagues to vote for our children, vote for our families, 
and vote for H.R. 5876.
  Mr. DAVIS of Illinois. Madam Chairman, I rise today to emphasize the 
need for standards and enforcement provisions that prevent and respond 
to allegations of child abuse and neglect at residential treatment 
facilities. These facilities include both public and private programs 
that serve teens with emotional, behavioral, and mental health 
problems; wilderness camps, boot camps, therapeutic boarding schools, 
and behavior modification facilities are all programs that serve this 
purpose. The Stop Child Abuse in Residential Programs for Teens Act, 
H.R. 5876, would require accountability and transparency from these 
programs. I strongly support this bill, which would help protect these 
vulnerable teens entrusted to their care.
  Residential programs are meant to provide help and support to 
teenagers. However, in October 2007, the Government Accountability 
Office found numerous allegations of abuse, some of which led to death, 
connected to these programs between 1990 and 2007. Accounts of physical 
and sexual abuse have been publicized, although with difficulty given 
that these programs are not accountable to a Federal agency or other 
entity. It is unacceptable for Government to facilitate this secrecy. 
Parents trust that residential facilities will keep their child safe 
and care for their children properly; however, it is often found that 
this is not the case. I am proud that we are taking steps to implement 
Federal guidelines for treatment and care for these vulnerable youth.
  H.R. 5876 works to end this abuse by enforcing national standards 
that provide for the basic health and safety of children, along with 
disseminating information about programs that will help ensure 
compliance. The bill requires States to inform the Department of Health 
and Human Services of incidences of child abuse, neglect, and 
fatalities at covered programs; it also requires HHS to investigate any 
allegations and will be authorized to financially penalize programs for 
these offenses. A Web site will summarize information on programs and 
any problems they have had, including whether the problems occurred 
under the same management but different program names. In addition, 
there will be a toll-free hotline to report child abuse and neglect at 
covered programs. I encourage Congress to fully support H.R. 5876 and, 
in turn, support the teens that it has been created to protect.
  Mr. MATHESON, Madam Chairman, during my 8 years representing Utah's 
Second District, I have always worked to protect children. The press 
reports of abuse, neglect, and tragic deaths in some residential 
therapy programs for youth are very concerning to me. Over the years, 
many treatment centers have been established across the Nation, 
including in my home State of Utah. As a result, Utah has worked hard 
to license and regulate residential treatment programs over the past 
several years and my State meets many of the standards set forth in the 
legislation before us. It is my understanding that some States have not 
developed stringent requirements and that leads to a patchwork of 
regulations where kids can fall through the cracks.
  I'd like to thank Chairman Miller for working with me to include 
language in the manager's amendment requesting that HHS study the 
outcomes of individuals in these types of programs through a 
longitudinal study. I feel this data is extremely useful to better 
understand the outcomes of individuals in these programs and the 
progress made towards the goals of the treatment programs to fully 
rehabilitate troubled youth and teens. I want to thank the chairman and 
ranking member of the committee for their leadership and efforts to 
establish a more standardized process for overseeing residential 
treatment centers for children. I believe a uniform set of standards 
makes sense, especially when it comes to meeting the needs of the most 
troubled children and their families. Those centers that service 
families well should not fear uniform standards because they will 
naturally comply. However, those who say the standards are burdensome 
fail to recognize that we all must perform at the highest possible 
standard to ensure the safety of all children. These measures seek to 
support good actors and encourage those who are not to become so.
  Mr. RANGEL. Madam Chairman, I rise today to express my support of the 
Stop Child Abuse in Residential Programs for Teens Act of 2008, 
introduced by Repesentative George Miller.
  The bill H.R. 5876 provides American teenagers with security and 
safety in residential programs. The passage of the bill is crucial for 
the American Education System and American society. Many times 
residential programs leave teenagers without necessary attention and 
care, which can lead to abuse, harm and even death of children. It is 
critical to address this problem now. Through various requirements and 
changes, The Stop Child Abuse in Residential Programs Act will 
significantly improve residential programs for children. This important 
legislation will better the lives of many young Americans by making 
them safer and healthier.
  U.S. Government can not allow further abuse and neglect of teenagers 
in private or public residential programs. Members of Congress must 
understand how crucial Stop Child Abuse in Residential Programs for 
Teens Act is and must strongly support its enactment. In taking action 
to enact this proposed legislation today we will send a strong message 
that this abuse must stop.
  Mr. GEORGE MILLER of Califonia. I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment is as follows:

                               H.R. 5876

       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 ``Stop Child Abuse in 
     Residential Programs for Teens Act of 2008''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary for Children and Families of 
     the Department of Health and Human Services.
       (2) Child.--The term ``child'' means an individual who has 
     not attained the age of 18.
       (3) Child abuse and neglect.--The term ``child abuse and 
     neglect'' has the meaning given such term in section 111 of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106g).
       (4) Covered program.--

[[Page 13510]]

       (A) In general.--The term ``covered program'' means each 
     location of a program not operated by a governmental entity 
     that, with respect to one or more children who are unrelated 
     to the owner or operator of the 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) a therapeutic boarding school; or
       (IV) a behavioral modification program; and

       (ii) operates with a focus on serving children with--

       (I) emotional, behavioral, or mental health problems or 
     disorders; or
       (II) problems with alcohol or substance abuse.

       (B) Exclusion.--The term ``covered program'' does not 
     include--
       (i) a hospital licensed by the State;
       (ii) a foster family home or group home that provides 24-
     hour substitute care for children place 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 or group home; or
       (iii) a psychiatric residential treatment facility that is 
     certified as meeting the requirements specified in 
     regulations promulgated for such facilities under section 
     1905(h)(1)(A) of the Social Security Act and that provides 
     psychiatric services for which medical assistance is 
     available under a State plan under title XIX of such Act.
       (5) Protection and advocacy system.--The term ``protection 
     and advocacy system'' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       (6) State.--The term ``State'' has the meaning given such 
     term in section 111 of the Child Abuse Prevention and 
     Treatment Act.

     SEC. 3. STANDARDS AND ENFORCEMENT.

       (a) Minimum Standards.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary for 
     Children and Families of the Department of Health and Human 
     Services shall require each location of a covered program 
     that individually or together with other locations has an 
     effect on interstate commerce, in order to provide for the 
     basic health and safety of children at such a program, to 
     meet the following minimum standards:
       (A) Child abuse and neglect shall be prohibited.
       (B) Disciplinary techniques or other practices that involve 
     the withholding of essential food, water, clothing, shelter, 
     or medical care necessary to maintain physical health, mental 
     health, and general safety, shall be prohibited.
       (C) The protection and promotion of the right of each child 
     at such a program to be free from physical and mechanical 
     restraints and seclusion (as such terms are defined in 
     section 595 of the Public Health Service Act (42 U.S.C. 
     290jj)) to the same extent and in the same manner as a non-
     medical, community-based facility for children and youth is 
     required to protect and promote the right of its residents to 
     be free from such restraints and seclusion under such section 
     595, including the prohibitions and limitations described in 
     subsection (b)(3) of such section.
       (D) Acts of physical or mental abuse designed to humiliate, 
     degrade, or undermine a child's self-respect shall be 
     prohibited.
       (E) Each child at such a program shall have reasonable 
     access to a telephone, and be informed of their right to such 
     access, for making and receiving phone calls with as much 
     privacy as possible, and shall have access to the appropriate 
     State or local child abuse reporting hotline number, and the 
     national hotline number referred to in subsection (c)(2).
       (F) Each staff member, including volunteers, at such a 
     program shall be required, as a condition of employment, to 
     become familiar with what constitutes child abuse and 
     neglect, as defined by State law.
       (G) Each staff member, including volunteers, at such a 
     program shall be required, as a condition of employment, to 
     become familiar with the requirements, including with State 
     law relating to mandated reporters, and procedures for 
     reporting child abuse and neglect in the State in which such 
     a program is located.
       (H) Full disclosure, in writing, of staff qualifications 
     and their roles and responsibilities at such program, 
     including medical, emergency response, and mental health 
     training, to parents or legal guardians of children at such a 
     program, including providing information on any staff 
     changes, including changes to any staff member's 
     qualifications, roles, or responsibilities, not later than 10 
     days after such changes occur.
       (I) Each staff member at a covered program described in 
     subclause (I) or (II) of section 2(4)(A)(i) shall be 
     required, as a condition of employment, to be familiar with 
     the signs, symptoms, and appropriate responses associated 
     with heatstroke, dehydration, and hypothermia.
       (J) Each staff member, including volunteers, shall be 
     required, as a condition of employment, to submit to a 
     criminal history check, including a name-based search of the 
     National Sex Offender Registry established pursuant to the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248; 42 U.S.C. 16901 et seq.), a search of the State 
     criminal registry or repository in the State in which the 
     covered program is operating, and a Federal Bureau of 
     Investigation fingerprint check. An individual shall be 
     ineligible to serve in a position with any contact with 
     children at a covered program if any such record check 
     reveals a felony conviction for child abuse or neglect, 
     spousal abuse, a crime against children (including child 
     pornography), or a crime involving violence, including rape, 
     sexual assault, or homicide, but not including other physical 
     assault or battery.
       (K) Policies and procedures for the provision of emergency 
     medical care, including policies for staff protocols for 
     implementing emergency responses.
       (L) All promotional and informational materials produced by 
     such a program shall include a hyperlink to or the URL 
     address of the website created by the Assistant Secretary 
     pursuant to subsection (c)(1)(A).
       (M) Policies to require parents or legal guardians of a 
     child attending such a program--
       (i) to notify, in writing, such program of any medication 
     the child is taking;
       (ii) to be notified within 24 hours of any changes to the 
     child's medical treatment and the reason for such change; and
       (iii) to be notified within 24 hours of any missed dosage 
     of prescribed medication.
       (N) Procedures for notifying parents or legal guardians 
     with children at such a program of any--
       (i) on-site investigation of a report of child abuse and 
     neglect;
       (ii) violation of the health and safety standards described 
     in this paragraph; and
       (iii) violation of State licensing standards developed 
     pursuant to section 114(b)(1) of the Child Abuse Prevention 
     and Treatment Act, as added by section 8 of this Act.
       (O) Other standards the Assistant Secretary determines 
     appropriate to provide for the basic health and safety of 
     children at such a program.
       (2) Regulations.--
       (A) Interim regulations.--Not later than 180 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     shall promulgate and enforce interim regulations to carry out 
     paragraph (1).
       (B) Public comment.--The Assistant Secretary shall, for a 
     90-day period beginning on the date of the promulgation of 
     interim regulations under subparagraph (A) of this paragraph, 
     solicit and accept public comment concerning such 
     regulations. Such public comment shall be submitted in 
     written form.
       (C) Final regulations.--Not later than 90 days after the 
     conclusion of the 90-day period referred to in subparagraph 
     (B) of this paragraph, the Assistant Secretary shall 
     promulgate and enforce final regulations to carry out 
     paragraph (1).
       (b) Monitoring and Enforcement.--
       (1) Inspections.--The Assistant Secretary shall establish a 
     process for conducting unannounced site inspections of each 
     location of a covered program to determine compliance with 
     the standards required under subsection (a)(1). Such 
     inspections shall--
       (A) begin not later than the date on which the Assistant 
     Secretary promulgates interim regulations under subsection 
     (a)(2)(A); and
       (B) be conducted at each location of each covered program 
     not less often than once every two years, until such time as 
     the Assistant Secretary has determined a State has 
     appropriate health and safety licensing requirements, 
     monitoring, and enforcement of covered programs in such 
     State, as determined in accordance with section 114(c) of the 
     Child Abuse Prevention and Treatment Act, as added by section 
     8 of this Act.
       (2) On-going review process.--Not later than 180 days after 
     the date of the enactment of this Act, the Assistant 
     Secretary shall implement an on-going review process for 
     investigating and evaluating reports of child abuse and 
     neglect at covered programs received by the Assistant 
     Secretary from the appropriate State, in accordance with 
     section 114(b)(3) of the Child Abuse Prevention and Treatment 
     Act, as added by section 8 of this Act. Such review process 
     shall--
       (A) include an investigation to determine if a violation of 
     the standards required under subsection (a)(1) has occurred;
       (B) include an assessment of the State's performance with 
     respect to appropriateness of response to and investigation 
     of reports of child abuse and neglect at covered programs and 
     appropriateness of legal action against responsible parties 
     in such cases;
       (C) be completed not later than 60 days after receipt by 
     the Assistant Secretary of such a report;
       (D) not interfere with an investigation by the State or a 
     subdivision thereof; and
       (E) be implemented in each State in which a covered program 
     operates until such time as each such State has satisfied the 
     requirements under section 114(c) of the Child Abuse 
     Prevention and Treatment Act, as added by section 8 of this 
     Act, as determined by the Assistant Secretary, or two years 
     has elapsed from the date that such review process is 
     implemented, whichever is later.
       (3) Civil penalties.--Not later than 180 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     shall promulgate regulations establishing civil penalties for 
     violations of the standards required under subsection (a)(1). 
     The regulations establishing such penalties shall incorporate 
     the following:
       (A) Any owner or operator of a covered program at which the 
     Assistant Secretary has found a violation of the standards 
     required under subsection (a)(1) may be assessed a civil 
     penalty not to exceed $50,000 per violation.
       (B) All penalties collected under this subsection shall be 
     deposited in the appropriate account of the Treasury of the 
     United States.

[[Page 13511]]

       (c) Dissemination of Information.--The Assistant Secretary 
     shall establish, maintain, and disseminate information about 
     the following:
       (1) Websites made available to the public that contains, at 
     a minimum, the following:
       (A) The name and each location of each covered program, and 
     the name of each owner and operator of each such program, 
     operating in each State, and information regarding--
       (i) each such program's history of violations of--

       (I) regulations promulgated pursuant to subsection (a); and
       (II) section 114(b)(1) of the Child Abuse Prevention and 
     Treatment Act, as added by section 8 of this Act;

       (ii) each such program's current status with the State 
     licensing requirements under section 114(b)(1) of the Child 
     Abuse Prevention and Treatment Act, as added by section 8 of 
     this Act;
       (iii) any deaths that occurred to a child while under the 
     care of such a program, including any such deaths that 
     occurred in the five year period immediately preceding the 
     date of the enactment of this Act;
       (iv) owners or operators of a covered program that was 
     found to be in violation of the standards required under 
     subsection (a)(1), or a violation of the licensing standards 
     developed pursuant to section 114(b)(1) of the Child Abuse 
     Prevention and Treatment Act, as added by section 8 of this 
     Act, and who subsequently own or operate another covered 
     program; and
       (v) any penalties levied under subsection (b)(3), any 
     judgments or orders issued by a court pursuant to section 5, 
     and any other penalties levied by the State, against each 
     such program.
       (B) Information on best practices for helping adolescents 
     with mental health disorders, conditions, behavioral 
     challenges, or alcohol or substance abuse, including 
     information to help families access effective resources in 
     their communities.
       (2) A national toll-free telephone hotline to receive 
     complaints of child abuse and neglect at covered programs and 
     violations of the standards required under subsection (a)(1).
       (d) Action.--The Assistant Secretary shall establish a 
     process to--
       (1) ensure complaints of child abuse and neglect received 
     by the hotline established pursuant to subsection (c)(2) are 
     promptly reviewed by persons with expertise in evaluating 
     such types of complaints;
       (2) immediately notify the State, appropriate local law 
     enforcement, and the appropriate protection and advocacy 
     system of any credible complaint of child abuse and neglect 
     at a covered program received by the hotline;
       (3) investigate any such credible complaint not later than 
     30 days after receiving such complaint to determine if a 
     violation of the standards required under subsection (a)(1) 
     has occurred; and
       (4) ensure the collaboration and cooperation of the hotline 
     established pursuant to subsection (c)(2) with other 
     appropriate National, State, and regional hotlines, and, as 
     appropriate and practicable, with other hotlines that might 
     receive calls about child abuse and neglect at covered 
     programs.

     SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.

       If the Assistant Secretary determines that a violation of 
     subsection (a)(1) of section 3 has not been remedied through 
     the enforcement process described in subsection (b)(3) of 
     such section, the Assistant Secretary shall refer such 
     violation to the Attorney General for appropriate action. 
     Regardless of whether such a referral has been made, the 
     Attorney General may, sua sponte, file a complaint in any 
     court of competent jurisdiction seeking equitable relief or 
     any other relief authorized by this Act for such violation.

     SEC. 5. PRIVATE RIGHT OF ACTION.

       (a) Maintenance of Action.--Any person suffering an injury-
     in-fact traceable to a violation of a regulation promulgated 
     pursuant to section 3(a) may bring suit or a claim demanding 
     relief.
       (b) Relief.--A court hearing a claim or suit under 
     subsection (a) may order any appropriate equitable remedy and 
     award damages, including punitive damages and reasonable 
     attorneys' fees, for a violation of a regulation promulgated 
     pursuant to section 3(a).
       (c) Limitation.--The provisions of section 7 of the Civil 
     Rights of Institutionalized Persons Act (42 U.S.C. 1997e) 
     shall not apply to any action brought under this Act.

     SEC. 6. REPORT.

       Not later than one year after the date of the enactment of 
     this Act and annually thereafter, the Secretary of Health and 
     Human Services, in coordination with the Attorney General 
     shall submit to the Committee on Education and Labor of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate, a report on the 
     activities carried out by the Assistant Secretary and the 
     Attorney General under this Act, including--
       (1) a description of the number and types of covered 
     programs inspected by the Assistant Secretary pursuant to 
     section 3(b)(1);
       (2) a description of types of violations of health and 
     safety standards found by the Assistant Secretary and any 
     penalties assessed;
       (3) a summary of findings from on-going reviews conducted 
     by the Assistant Secretary pursuant to section 3(b)(2);
       (4) a summary of State progress in meeting the requirements 
     of this Act, including the requirements under section 114 of 
     the Child Abuse Prevention and Treatment Act, as added by 
     section 8 of this Act; and
       (5) a summary of the Secretary's oversight activities and 
     findings conducted pursuant to subsection (d) of such section 
     114.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary of 
     Health and Human Services $50,000,000 for each of fiscal 
     years 2009 through 2013 to carry out this Act (excluding the 
     amendment made by section 8 of this Act).

     SEC. 8. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO 
                   STATES TO PREVENT CHILD ABUSE AND NEGLECT AT 
                   RESIDENTIAL PROGRAMS.

       (a) In General.--Title I of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding 
     at the end the following new section:

     ``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO 
                   STATES TO PREVENT CHILD ABUSE AND NEGLECT AT 
                   RESIDENTIAL PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Child.--The term `child' means an individual who has 
     not attained the age of 18.
       ``(2) Covered program.--
       ``(A) In general.--The term `covered program' means each 
     location of a program operated by a public or private entity 
     that, with respect to one or more children who are unrelated 
     to the owner or operator of the 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) a therapeutic boarding school; or
       ``(IV) a behavioral modification program; and

       ``(ii) operates with a focus on serving children with--

       ``(I) emotional, behavioral, or mental health problems or 
     disorders; or
       ``(II) problems with alcohol or substance abuse.

       ``(B) Exclusion.--The term `covered program' does not 
     include--
       ``(i) a hospital licensed by the State;
       ``(ii) a foster family home or group home that provides 24-
     hour substitute care for children place 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 or group home; or
       ``(iii) a psychiatric residential treatment facility that 
     is certified as meeting the requirements specified in 
     regulations promulgated for such facilities under section 
     1905(h)(1)(A) of the Social Security Act and that provides 
     psychiatric services for which medical assistance is 
     available under a State plan under title XIX of such Act.
       ``(3) Protection and advocacy system.--The term `protection 
     and advocacy system' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       ``(b) Eligibility Requirements.--To be eligible to receive 
     a grant under section 106, a State shall--
       ``(1) not later than three years after the date of the 
     enactment of this section, develop policies and procedures to 
     prevent child abuse and neglect at covered programs operating 
     in such State, including having in effect health and safety 
     licensing requirements applicable to and necessary for the 
     operation of each location of such covered programs that 
     include, at a minimum--
       ``(A) standards that meet or exceed the standards required 
     under section 3(a)(1) of the Stop Child Abuse in Residential 
     Programs for Teens Act of 2008;
       ``(B) the provision of essential food, water, clothing, 
     shelter, and medical care necessary to maintain physical 
     health, mental health, and general safety of children at such 
     programs;
       ``(C) policies for emergency medical care preparedness and 
     response, including minimum staff training and qualifications 
     for such responses; and
       ``(D) notification to appropriate staff at covered programs 
     if their position of employment meets the definition of 
     mandated reporter, as defined by the State;
       ``(2) develop policies and procedures to monitor and 
     enforce compliance with the licensing requirements developed 
     in accordance with paragraph (1), including--
       ``(A) designating an agency to be responsible, in 
     collaboration and consultation with State agencies providing 
     human services (including child protective services, and 
     services to children with emotional, psychological, 
     developmental, or behavioral dysfunctions, impairments, 
     disorders, or alcohol or substance abuse), State law 
     enforcement officials, the appropriate protection and 
     advocacy system, and courts of competent jurisdiction, for 
     monitoring and enforcing such compliance;
       ``(B) a State licensing application process through which 
     any individual seeking to operate a covered program would be 
     required to disclose all previous substantiated reports of 
     child abuse and neglect and all child deaths at any 
     businesses previously or currently owned or operated by such 
     individual, except that such reports shall not contain any 
     personally identifiable information relating to the identity 
     of individuals who were the victims of such child abuse and 
     neglect;
       ``(C) conducting unannounced site inspections not less 
     often than once every two years at each location of a covered 
     program;
       ``(D) creating a database, to be integrated with the annual 
     State data reports required

[[Page 13512]]

     under section 106(d), of reports of child abuse and neglect 
     at covered programs operating in the State, except that such 
     reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect; and
       ``(E) implementing a policy of graduated sanctions, 
     including fines and suspension and revocation of licences, 
     against covered programs operating in the State that are out 
     of compliance with such health and safety licensing 
     requirements;
       ``(3) if the State is not yet satisfying the requirements 
     of this subsection, in accordance with a determination made 
     pursuant to subsection (c), develop policies and procedures 
     for notifying the Secretary and the appropriate protection 
     and advocacy system of any report of child abuse and neglect 
     at a covered program operating in the State not later than 30 
     days after the appropriate State entity, or subdivision 
     thereof, determines such report should be investigated and 
     not later than 48 hours in the event of a fatality;
       ``(4) if the Secretary determines that the State is 
     satisfying the requirements of this subsection, in accordance 
     with a determination made pursuant to subsection (c), develop 
     policies and procedures for notifying the Secretary if--
       ``(A) the State determines there is evidence of a pattern 
     of violations of the standards required under paragraph (1) 
     at a covered program operating in the State or by an owner or 
     operator of such a program; or
       ``(B) there is a child fatality at a covered program 
     operating in the State;
       ``(5) develop policies and procedures for establishing and 
     maintaining a publicly available database of all covered 
     programs operating in the State, including the name and each 
     location of each such program and the name of the owner and 
     operator of each such program, information on reports of 
     child abuse and neglect at such programs (except that such 
     reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect), violations of 
     standards required under paragraph (1), and all penalties 
     levied against such programs;
       ``(6) annually submit to the Secretary a report that 
     includes--
       ``(A) the name and each location of all covered programs, 
     including the names of the owners and operators of such 
     programs, operating in the State, and any violations of State 
     licensing requirements developed pursuant to subsection 
     (b)(1); and
       ``(B) a description of State activities to monitor and 
     enforce such State licensing requirements, including the 
     names of owners and operators of each covered program that 
     underwent a site inspection by the State, and a summary of 
     the results and any actions taken; and
       ``(7) if the Secretary determines that the State is 
     satisfying the requirements of this subsection, in accordance 
     with a determination made pursuant to subsection (c), develop 
     and policies and procedures to report to the appropriate 
     protection and advocacy system any case of the death of an 
     individual under the control or supervision of a covered 
     program not later than 48 hours after the State is informed 
     of such death.
       ``(c) Secretarial Determination.--The Secretary shall not 
     determine that a State's licensing requirements, monitoring, 
     and enforcement of covered programs operating in the State 
     satisfy the requirements of this subsection (b) unless--
       ``(1) the State implements licensing requirements for such 
     covered programs that meet or exceed the standards required 
     under subsection (b)(1);
       ``(2) the State designates an agency to be responsible for 
     monitoring and enforcing compliance with such licensing 
     requirements;
       ``(3) the State conducts unannounced site inspections of 
     each location of such covered programs not less often than 
     once every two years;
       ``(4) the State creates a database of such covered 
     programs, to include information on reports of child abuse 
     and neglect at such programs (except that such reports shall 
     not contain any personally identifiable information relating 
     to the identity of individuals who were the victims of such 
     child abuse and neglect);
       ``(5) the State implements a policy of graduated sanctions, 
     including fines and suspension and revocation of licenses 
     against such covered programs that are out of compliance with 
     the health and safety licensing requirements under subsection 
     (b)(1); and
       ``(6) after a review of assessments conducted under section 
     3(b)(2)(B) of the Stop Child Abuse in Residential Programs 
     for Teens Act of 2008, the Secretary determines the State is 
     appropriately investigating and responding to allegations of 
     child abuse and neglect at such covered programs.
       ``(d) Oversight.--
       ``(1) In general.--Beginning two years after the date of 
     the enactment of the Stop Child Abuse in Residential Programs 
     for Teens Act of 2008, the Secretary shall implement a 
     process for continued monitoring of each State that is 
     determined to be satisfying the licensing, monitoring, and 
     enforcement requirements of subsection (b), in accordance 
     with a determination made pursuant to subsection (c), with 
     respect to the performance of each such State regarding--
       ``(A) preventing child abuse and neglect at covered 
     programs operating in each such State; and
       ``(B) enforcing the licensing standards described in 
     subsection (b)(1).
       ``(2) Evaluations.--The process required under paragraph 
     (1) shall include in each State, at a minimum--
       ``(A) an investigation not later than 60 days after receipt 
     by the Secretary of a report from a State, or a subdivision 
     thereof, of child abuse and neglect at a covered program 
     operating in the State, and submission of findings to 
     appropriate law enforcement or other local entity where 
     necessary, if the report indicates--
       ``(i) a child fatality at such program; or
       ``(ii) there is evidence of a pattern of violations of the 
     standards required under subsection (b)(1) at such program or 
     by an owner or operator of such program;
       ``(B) annually, a random sample of review of cases of 
     reports of child abuse and neglect investigated at covered 
     programs operating in the State to assess the State's 
     performance with respect to the appropriateness of response 
     to and investigation of reports of child abuse and neglect at 
     covered programs and the appropriateness of legal actions 
     taken against responsible parties in such cases; and
       ``(C) unannounced site inspections of covered programs 
     operating in the State to monitor compliance with the 
     standards required under section 3(a) of the Stop Child Abuse 
     in Residential Programs for Teens Act of 2008.
       ``(3) Enforcement.--If the Secretary determines, pursuant 
     to an evaluation under this subsection, that a State is not 
     adequately implementing, monitoring, and enforcing the 
     licensing requirements of subsection (b)(1), the Secretary 
     shall require, for a period of not less than one year, that--
       ``(A) the State shall inform the Secretary of each instance 
     there is a report to be investigated of child abuse and 
     neglect at a covered program operating in the State; and
       ``(B) the Secretary and the appropriate local agency shall 
     jointly investigate such report.''.
       (b) Authorization of Appropriations.--Section 112(a)(1) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106h(a)(1)) is amended by inserting before the period at the 
     end the following: ``, and $200,000,000 for each of fiscal 
     years 2009 through 2013''.
       (c) Conforming Amendments.--
       (1) Coordination with available resources.--Section 
     103(c)(1)(D) of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5104(c)(1)(D)) is amended by inserting after 
     ``specific'' the following: ``(including reports of child 
     abuse and neglect occurring at covered programs (except that 
     such reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect), as such term is 
     defined in section 114)''.
       (2) Further requirement.--Section 106(b)(1) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Further requirement.--To be eligible to receive a 
     grant under this section, a State shall comply with the 
     requirements under section 114(b) and shall include in the 
     State plan submitted pursuant to subparagraph (A) a 
     description of the activities the State will carry out to 
     comply with the requirements under such section 114(b).''.
       (3) Annual state data reports.--Section 106(d) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
     amended--
       (A) in paragraph (1), by inserting before the period at the 
     end the following: ``(including reports of child abuse and 
     neglect occurring at covered programs (except that such 
     reports shall not contain any personally identifiable 
     information relating to the identity of individuals who were 
     the victims of such child abuse and neglect), as such term is 
     defined in section 114)''; and
       (B) in paragraph (6), by inserting before the period at the 
     end the following: ``or who were in the care of a covered 
     program, as such term is defined in section 114''.
       (d) Clerical Amendment.--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 new item:

``Sec. 114. Additional eligibility requirements for grants to States to 
              prevent child abuse and neglect at residential 
              programs.''.

  The CHAIRMAN. No amendment to the committee amendment is in order 
except those printed in House Report 110-717. Each amendment may be 
offered only in the order printed in the report; by a Member designated 
in the report; shall be considered read; shall be debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent of the amendment; shall not be subject to an 
amendment; and shall not be subject to a demand for division of the 
question.

                              {time}  1645


       Amendment No. 1 Offered by Mr. George Miller of California

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 110-717.
  Mr. GEORGE MILLER of California. Madam Chairman, I have an amendment 
at the desk, the manager's amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:


[[Page 13513]]

       Amendment No. 1 offered by Mr. George Miller of California:
       Page 2, line 20, strike ``not''.
       Page 2, line 21, strike ``governmental'' and insert 
     ``public or private''.
       Page 3, line 20, insert ``or'' after the semicolon.
       Page 3, beginning line 21, strike ``or group home''.
       Page 3, line 23, strike ``place'' and insert ``placed''.
       Page 4, line 3, strike ``or group home; or'' and insert a 
     period.
       Page 4, strike lines 4 through 11.
       Page 9, line 4, after ``program'' insert ``immediately, to 
     the maximum extent practicable, but not later than within 48 
     hours''.
       Page 9, line 13, strike ``section 8'' and insert ``section 
     7''.
       Page 10, strike line 13 through page 11, line 4.
       Page 11, line 5, strike ``(2)'' and insert ``(1)''.
       Page 11, line 13, strike ``section 8'' and insert ``section 
     7''.
       Page 12, line 10, strike ``section 8'' and insert ``section 
     7''.
       Page 12, line 15, strike ``(3)'' and insert ``(2)''.
       Page 13, line 10, strike ``contains'' and insert 
     ``contain''.
       Page 13, line 21, strike ``section 8'' and insert ``section 
     7''.
       Page 14, beginning line 1, strike ``section 8'' and insert 
     ``section 7''.
       Page 14, line 8, before the semicolon insert ``, and 
     including the cause of each such death''.
       Page 14, line 15, strike ``section 8'' and insert ``section 
     7''.
       Page 14, beginning line 19, strike ``(b)(3), any judgments 
     or orders issued by a court pursuant to section 5,'' and 
     insert ``(b)(2)''.
       Page 16, line 8, strike ``(b)(3)'' and insert ``(b)(2)''.
       Page 16, strike line 14 through page 17, line 2.
       Page 17, line 3, strike ``6'' and insert ``5''.
       Page 17, strike lines 13 through 21 and insert the 
     following:
       (1) a summary of findings from on-going reviews conducted 
     by the Assistant Secretary pursuant to section 3(b)(1), 
     including a description of the number and types of covered 
     programs investigated by the Assistant Secretary pursuant to 
     such section;
       (2) a description of types of violations of health and 
     safety standards found by the Assistant Secretary and any 
     penalties assessed;
       Page 17, line 22, strike ``(4)'' and insert ``(3)''.
       Page 17, line 25, strike ``section 8'' and insert ``section 
     7''.
       Page 17, line 25, strike ``and'' at the end.
       Page 18, line 1, strike ``(5)'' and insert ``(4)''.
       Page 18, line 3, strike the period and insert ``; and''.
       Page 18, after line 3, insert the following:
       (5) a description of the activities undertaken by the 
     national toll-free telephone hotline established pursuant to 
     section 3(c)(2).
       Page 18, line 4, strike ``7'' and insert ``6''.
       Page 18, line 6, strike ``$50,000,000'' and insert 
     ``$15,000,000''.
       Page 18, line 8, strike ``section 8'' and insert ``section 
     7''.
       Page 18, line 8, after ``of this Act'' insert ``and section 
     8 of this Act''.
       Page 18, line 9, strike ``8'' and insert ``7''.
       Page 19, line 25, insert ``or'' after the semicolon.
       Page 20, beginning line 1, strike ``or group home''.
       Page 20, line 8, strike ``or group home; or'' and insert a 
     period.
       Page 20, strike lines 9 through 16.
       Page 22, line 14, insert ``establishing'' after ``(B)''.
       Page 22, line 20, strike ``that such'' and insert ``that 
     substantiated reports of child abuse and neglect may remain 
     confidential and all''.
       Page 23, line 4, insert ``non-public'' before ``database''.
       Page 24, line 21, insert ``substantiated'' before 
     ``child''.
       Page 24, line 25, insert ``and that such database shall 
     include and provide the definition of `substantiated' used in 
     compiling the data in cases that have not been finally 
     adjudicated'' after ``neglect''.
       Page 25, line 20, strike ``develop and'' and insert 
     ``develop''.
       Page 26, line 15, insert ``non-public'' before 
     ``database''.
       Page 28, line 14, strike ``annually, a random sample of 
     review'' and insert ``an annual review by the Secretary''.
       Page 29, line 19, strike ``$200,000,000'' and insert 
     ``$235,000,000''.
       At the end of the bill, add the following new section:

     SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED PROGRAMS.

       (a) Study.--The Secretary of Health and Human Services 
     shall conduct a study, in consultation with relevant agencies 
     and experts, to examine the outcomes for children in both 
     private and public covered programs under this Act 
     encompassing a broad representation of treatment facilities 
     and geographic regions.
       (b) Report.--The Secretary shall submit to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report that contains the results of the study 
     conducted under subsection (a).
  The CHAIRMAN. Pursuant to House Resolution 1276, the gentleman from 
California (Mr. George Miller) and a Member opposed each will control 
10 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield myself 5 
minutes.
  I rise in strong support of this manager's amendment, and I offer 
this manager's amendment on behalf of myself and Congressman McKeon, 
who worked with us on this amendment to improve the legislation.
  It is the intent, as you have just heard from the debate on this 
legislation, to ensure that children are safe no matter what settings 
they are in. And this amendment further refines the legislation to 
improve the legislation.
  The main changes that are offered in this amendment--and Mr. McKeon 
pushed for these changes and recognized the need for them--one is to 
broaden the Federal oversight to include public residential programs as 
well as private ones. It strikes the right provided under this Act for 
families to sue in Federal court for violations of the national 
standards. And it strikes the requirement that the Health and Human 
Services conduct site inspections of all covered programs at least 
every 2 years.
  It was my belief that we continue and are able to maintain the intent 
and the purposes of this Act to make sure that children are safe in 
these varied settings, as we heard from Mr. Murphy of Pennsylvania, 
children who are very difficult to handle in many instances and parents 
who have run out of the capacity to deal with these children seeking to 
have this care.
  I believe that the manager's amendment further refines the 
legislation, strikes a better balance in the bill, and I want to again 
thank Mr. McKeon.
  I reserve the balance of my time on the manager's amendment.
  Mr. McKEON. I claim the time in opposition to the amendment, Madam 
Chairman, although I am not opposed.
  The CHAIRMAN. Without objection, the gentleman from California is 
recognized for 10 minutes.
  There was no objection.
  Mr. McKEON. Madam Chairman, I yield myself such time as I may 
consume.
  After the devastating stories we heard of children dying at 
residential treatment facilities, every member of our committee 
wondered how this could have happened and what could have been done to 
prevent it. And being in Washington, it's easy to assume the answer 
lies here with the Federal Government.
  But, Madam Chairman, we know the answer is not always the Federal 
Government. In fact, States may be better equipped to regulate, 
monitor, and enforce the safety protections that are needed for these 
programs. We can ensure stronger protections by resisting the urge to 
consolidate all responsibility inside the Beltway.
  When this bill was brought before the committee, the Department of 
Health and Human Services said the following:
  ``The Federal Government has no oversight or rules governing child 
abuse and neglect investigations, as each State has its own process for 
defining and investigating child abuse and neglect, including the 
timeliness and methods for responding to and completing investigations 
of allegations. As such, any Federal investigations of abuse and 
neglect would likely interfere and perhaps conflict with a State's 
procedures for the same.''
  The Miller-McKeon substitute will go a long way toward addressing 
this issue, and I want to once again thank Chairman Miller for his 
willingness to consider our concerns. Some danger still remains that 
the specific requirements of this bill could conflict with State child 
protection laws, and I look forward to working in a bipartisan basis to 
resolve that issue as this bill moves forward.
  There was also a practical problem with the top-down Federal 
regulation

[[Page 13514]]

in the bill as it was drafted. It would have been virtually impossible 
for HHS to build up a new regulatory infrastructure and have the 
capacity to begin visiting each and every one of these programs in the 
time allotted. It is far more practical for the States, many of which 
are already licensing and regulating these programs, to take on that 
responsibility. This substitute ensures that States will do so.
  The bill, as originally drafted, also included a new private right of 
action to sue in Federal court, something that I think would have 
provided a much greater benefit to trial lawyers than victimized youth. 
I'm pleased this provision has been removed. Victims of abuse still 
have the right to remedies in court, but our emphasis now is on 
protection and prevention instead of litigation.
  And so, Madam Chairman, because of this substitute, the bill we will 
vote on later today is a considerable improvement over what was 
introduced. While it is still not perfect, I plan to support it and 
continue working with the Chairman to create strong protections for the 
young people enrolled in these programs.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I reserve the balance of my time.
  Mr. McKEON. Madam Chairman, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Platts).
  Mr. PLATTS. I appreciate the ranking member for yielding.
  I rise in strong support of H.R. 5876, the Stop Child Abuse in 
Residential Programs for Teens Act. This legislation will create and 
enforce safety standards for residential treatment facilities that 
serve to rehabilitate troubled youth.
  While many residential treatment facilities for teens, such as boot 
camps and substance abuse treatment programs, provide effective 
rehabilitation services for troubled youth, it is the few bad actors 
that bring us here today. Families send their teens to residential 
treatment facilities many times after all other options have been 
exhausted. Though many of these programs involve extreme physical 
activities as part of their treatment plans, no child should be forced 
to endure suffocation, dehydration, or other types of physical abuse 
that surfaced during hearings that the Committee on Education and Labor 
held earlier this year.
  While I supported the original bill, I believe that this manager's 
amendment makes the bill even stronger, and I thank Chairman Miller and 
Ranking Member McKeon for working together on this very important 
issue.
  The substitute places the responsibility of monitoring and 
enforcement of these safety standards in the hands of each State 
government, rather than officials here in Washington. In addition, the 
manager's amendment would ensure that all facilities that provide 
treatment to children, public or private, are subject to safety 
standards.
  I want to stress that not all residential treatment facilities are 
abusive or bad actors--in fact, quite the opposite. Through the process 
of considering this legislation, I have heard from many facilities 
which are proud of the positive impacts that they have had on the lives 
of teens. I've also heard from graduates from these programs who 
believe that they owe their lives to a treatment facility.
  This bill, the Stop Child Abuse in Residential Programs for Teens 
Act, aims to ensure that all programs are working in good faith to 
achieve these goals and do not use violence or intimidation under the 
guise of treatment.
  Again, I'd like to thank Chairman Miller and Ranking Member McKeon 
for working together to improve this important piece of legislation. I 
urge my colleagues to support the manager's amendment and ultimately to 
support H.R. 5876, legislation that is critically important to the 
safety of our Nation's children.
  Mr. GEORGE MILLER of California. I have no further requests for time 
if the gentleman would yield back.
  Mr. McKEON. I yield back the balance of my time.
  Mr. GEORGE MILLER of California. I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. George Miller).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. GEORGE MILLER of California. Madam Chairman, I demand a recorded 
vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from California will be 
postponed.
  It is now in order to consider amendment No. 2 printed in House 
Report 110-717.
  Pursuant to clause 6 of rule XVIII, the unfinished business is the 
demand for a recorded vote on amendment No. 1 printed in House Report 
110-717 offered by the gentleman from California (Mr. George Miller) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 422, 
noes 0, not voting 17, as follows:

                             [Roll No. 444]

                               AYES--422

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)

[[Page 13515]]


     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Bilbray
     Cannon
     Christensen
     Davis (IL)
     Fortuno
     Hunter
     Johnson, E. B.
     Markey
     Pence
     Pryce (OH)
     Rush
     Sanchez, Loretta
     Snyder
     Speier
     Velazquez
     Weldon (FL)
     Wexler

                              {time}  1720

  Messrs. CANTOR, BAIRD, and POE changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, on rollcall No. 
444, I was delayed due to traffic--fundraising for DCCC. Had I been 
present, I would have voted ``aye.''
  The CHAIRMAN. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Serrano) having assumed the chair, Ms. McCollum of Minnesota, Chairman 
of the Committee of the Whole House on the state of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
5876) to require certain standards and enforcement provisions to 
prevent child abuse and neglect in residential programs, and for other 
purposes, pursuant to House Resolution 1276, she reported the bill back 
to the House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


              Motion to Recommit Offered by Mrs. Bachmann

  Mrs. BACHMANN. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Mrs. BACHMANN. I am, Mr. Speaker, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mrs. Bachmann moves to recommit the bill H.R. 5876 to the 
     Committee on Education and Labor with instructions to report 
     the same back to the House promptly in the form to which 
     perfected at the time of this motion, with the following 
     amendment: On page 9, beginning on line 3, insert the 
     following new subparagraph (and redesignate subsequent 
     subparagraphs accordingly):
       (N) Policies to require the consent of parents or legal 
     guardians of a child, before any prescription medication 
     (including contraception) not previously disclosed in writing 
     pursuant to subparagraph (M)(i) by such parents or legal 
     guardians, may be dispensed to such child.

  The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized 
for 5 minutes.
  Mrs. BACHMANN. Mr. Speaker, today I rise to offer a motion which will 
ensure that parents of children in residential treatment facilities 
have control over any medication being prescribed to their child. While 
the bill as currently written would require a parent or a legal 
guardian to disclose to the facility any prescription drugs that their 
child is currently taking, the facility would not be required to 
receive parental consent for the child to be issued a prescription for 
any new medications.
  As a mother and also as a foster mother, I strongly believe in the 
importance of the role of the parent or the legal guardian in a child's 
life. This is especially true, Mr. Speaker, when it comes to matters as 
serious as the health and well-being of a child.
  Prescription drugs, such as medication to treat psychiatric 
conditions, can have a major impact on the mind and the body of an 
adult, let alone on the young mind and the young body of a child. Such 
a critical decision should only be made by a qualified medical doctor 
with the expressed consent of a parent or legal guardian. This is only 
common sense, Mr. Speaker.
  Mr. Speaker, the bill before us today would allow residential 
treatment facilities to impose their will on children without affording 
those children the protection and guidance of their closest family. 
Whether the parent, whose intimate relationship and familiarity with 
their child is critical in choosing a treatment path, feels that it is 
in their child's best interest or not, any medication could be 
prescribed. For example, in its present form, this bill would allow a 
treatment facility to prescribe contraception to a child, who when 
properly informed and guided by a parent may have chosen to carry the 
baby to term, either raising it as their own or contacting an adoption 
agency, not terminating its life.
  The purpose of this amendment is to protect children who are in a 
very vulnerable situation away from their families in a residential 
treatment facility where they are supposed to be receiving help for a 
very difficult problem. The parents and the guardians who have raised 
and cared for these children, who know and understand their children 
and their medical histories best, should know about any new or changed 
medications to exercise their role as primary medical decision makers 
for their children. The right of consent should be explicitly stated in 
this legislation meant to protect these vulnerable youth.

                              {time}  1730

  Mr. Speaker, one thing that I saw firsthand as a foster mother, there 
were too many children of color, minority children, who were overly 
prescribed for prescription drugs at a younger and younger age. This is 
a very disturbing issue and expressly underscores why parents or their 
guardians should have a say to actually give consent whether these 
children are given prescription drugs.
  That being said, my motion, Mr. Speaker, does not infringe in any way 
on the role of the medical facility at a treatment facility. The 
expertise of the staff and the physicians would still be fully utilized 
in the diagnosis and, upon parental consent, the dispensing of 
prescription medication.
  Moreover, my motion would not require parental notification for 
nonprescription drugs. A child in a residential treatment facility 
would not be hindered in obtaining any over-the-counter medication, 
such as aspirin. Only prescription drugs, which can have such far-
reaching effects on a patient, would be applicable to the terms of this 
motion.
  The prescription drugs often used in these facilities, especially the 
mental

[[Page 13516]]

 health drugs, have very serious, and sometimes fatal side effects. 
This is no laughing matter, Mr. Speaker. These side effects for 
children, for children, Mr. Speaker, include suicide, homicide, 
psychosis, heart problems, tics, movement disorders, diabetes, even 
obesity.
  Mr. Speaker, a parent is one of the most powerful influences in a 
child's life. I think this body agrees on that. In the case of a child 
in a residential treatment facility, with a very small voice and no 
ability to protect himself or herself, it is imperative that a parent 
or a legal guardian be given proper authority over the course of the 
treatment recommended by the treatment facility.
  Mr. Speaker, today I rise to offer a motion which will ensure that 
parents of children in residential treatment facilities have control 
over any medication being prescribed to their child. While the bill, as 
currently written, would require a parent or legal guardian to disclose 
to the facility any prescription drugs their child is currently taking, 
the facility would not be required to receive parental consent for the 
child to be issued a prescription for any new medication.
  This issue is very real for me. As a mother and a foster mother who 
has cared for children in similar situations, I strongly believe in the 
importance of the role of the parent or legal guardian in a child's 
life. This is especially true when it comes to matters as serious as 
the health and well-being of that child. Prescription drugs, such as 
medication to treat psychiatric conditions can have a major impact on 
the mind and body of an adult, let alone the young mind and body of a 
child. Our professionals deal with this on a regular basis in mental 
health facilities all across the nation. Especially tragic is the 
statistically high number of children of color who are placed on 
prescription psychotropic drugs, often with severe misgivings from 
parents or guardians. Such a critical decision should only be made by a 
qualified medical doctor and only after the expressed consent of a 
parent or legal guardian is given.
  Mr. Speaker, the bill before us today would allow staff in 
residential treatment facilities to impose their will on children, 
without affording those children the protection and guidance of their 
closest family. Whether the parent, whose intimate relationship and 
familiarity with their child is critical in choosing a treatment path, 
feels it is in their child's best interest or not, any medication could 
be prescribed.
  That is a historic leap in loss of parental rights over their 
children. Parents remain legally and financially liable for their 
children's mental and physical welfare yet this bill has government 
stripping parents of their right to consent to medical treatment via 
prescription drugs for their children. This bill says parents are good 
enough to pay the bill, but they can't be trusted to make decisions 
regarding their child's health. That is insulting, demeaning, and 
wrong.
  The purpose of this amendment is to protect children who are in a 
very vulnerable situation away from their families in a residential 
treatment facility where they are supposed to be receiving help for 
very difficult problems. The parents and guardians that have raised and 
cared for these children, who know and understand their children and 
their medical histories best, should know about any new or changed 
medications to exercise their role as primary medical decision makers 
for their offspring. The right of consent should be explicitly stated 
in this legislation meant to protect these vulnerable youth.
  That being said, this motion does not infringe on the role of the 
medical faculty at a treatment facility. The expertise of the staff and 
physicians would still be fully utilized in the diagnosis, and upon 
parental consent, the dispensing of prescription medication. Moreover, 
this motion would not require parental notification for non-
prescription medication. A child in a residential treatment facility 
would not be hindered in obtaining any over-the-counter (OTC) 
medication such as aspirin. Only prescription drugs, which can have 
such far-reaching effects on the patient, would be applicable to the 
terms of this motion.
  The prescription drugs often used in these facilities, especially the 
mental health drugs, have extremely serious, and sometimes fatal side 
effects. These include suicide, homicide, psychosis, heart problems, 
tics and movement disorders, diabetes and obesity.
  Mr. Speaker, Members understand, a parent is one of the most powerful 
influences in a child's life. In the case of a child in a residential 
treatment facility, it is imperative that his or her parent or legal 
guardian be given proper authority over the course of treatment 
recommended by the treatment facility.
  I believe this is an important addition to this bill and I urge my 
colleages to support the addition of this language.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1276, further proceedings on this bill are postponed.

                          ____________________